[00:00.000 --> 00:05.320]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.320 --> 00:09.360]  They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840]  Our liberty depends on it.
[00:10.840 --> 00:14.760]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:16.840]  your First Amendment rights.
[00:16.840 --> 00:18.440]  Privacy is under attack.
[00:18.440 --> 00:22.040]  When you give up data about yourself, you'll never get it back again.
[00:22.040 --> 00:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.840 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.600]  Privacy, it's worth hanging on to.
[00:34.600 --> 00:38.880]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.880 --> 00:42.420]  engine alternative to Google, Yahoo, and Bing.
[00:42.420 --> 00:44.720]  Start over with Startpage.
[00:44.720 --> 00:47.700]  Spar, it's what fighters do.
[00:47.700 --> 00:51.160]  It's also how I remember the five guarantees of the First Amendment.
[00:51.160 --> 00:54.400]  If you plan to take away my rights, I'm going to spar with you.
[00:54.400 --> 01:01.520]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.520 --> 01:02.880]  and R for religion.
[01:02.880 --> 01:06.960]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.960 --> 01:08.480]  assembly, and religion.
[01:08.480 --> 01:10.840]  But petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 01:20.720]  the reasons without fear of being thrown into jail.
[01:20.720 --> 01:22.680]  I'm Dr. Catherine Albrecht.
[01:22.680 --> 01:31.040]  More news and information at CatherineAlbrecht.com.
[01:31.040 --> 01:34.680]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.680 --> 01:38.160]  They guarantee the specific freedoms Americans should know and protect.
[01:38.160 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.520]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.520 --> 01:46.660]  one of your constitutional rights.
[01:46.660 --> 01:48.240]  Privacy is under attack.
[01:48.240 --> 01:51.840]  When you give up data about yourself, you'll never get it back again.
[01:51.840 --> 01:56.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.600 --> 02:01.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.640 --> 02:04.360]  Privacy, it's worth hanging on to.
[02:04.360 --> 02:08.640]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.640 --> 02:12.200]  engine alternative to Google, Yahoo, and Bing.
[02:12.200 --> 02:14.280]  Start over with StartPage.
[02:14.280 --> 02:20.120]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.120 --> 02:22.200]  of Rights in a big old bear hug.
[02:22.200 --> 02:26.680]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.680 --> 02:30.520]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.520 --> 02:31.520]  Get it?
[02:31.520 --> 02:33.840]  Two arms, bear hug, bear arms?
[02:33.840 --> 02:37.440]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.440 --> 02:38.440]  when he said,
[02:38.440 --> 02:43.600]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.600 --> 02:48.720]  one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.720 --> 02:50.440]  has proved to always be possible.
[02:50.440 --> 02:52.400]  I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:19.280]  More news and information at CatherineAlbrecht.com.
[03:22.640 --> 03:40.640]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[03:40.640 --> 03:49.640]  one more safeguard against the tyranny which now appears remote in America, but which now
[03:49.640 --> 03:54.000]  appears remote in America, but which now appears remote in America, but which now appears
[03:54.000 --> 04:00.920]  remote in America, but which now appears remote in America, but which now appears remote
[04:00.920 --> 04:01.920]  in America.
[04:01.920 --> 04:03.280]  I'm going to work for the fools.
[04:03.280 --> 04:04.280]  I know some architects.
[04:04.280 --> 04:05.280]  I know some engineers.
[04:05.280 --> 04:06.280]  They've seen the evidence.
[04:06.280 --> 04:07.280]  Okay.
[04:07.280 --> 04:12.120]  Howdy, howdy, Randy Kelton, Brett Fountain, Rue LaRaw Radio on this the seventh day of
[04:12.120 --> 04:16.360]  July, 2023.
[04:16.360 --> 04:22.520]  And now our four hour info marathon, we're heading into the third hour and we're talking
[04:22.520 --> 04:24.960]  to Mark in Florida.
[04:24.960 --> 04:28.240]  Okay, Mark, do you have one more question?
[04:28.240 --> 04:30.520]  We're moving out.
[04:30.520 --> 04:43.520]  It would be, I'm a little fuzzy about if I amend my complaint and then add in a federal
[04:43.520 --> 04:51.520]  charge or a federal claim, I'm sorry, a federal cause of action or two, can I also then file
[04:51.520 --> 04:54.160]  a motion to remand the state claim?
[04:54.160 --> 04:57.360]  Well, right before that, he had a bifurcate.
[04:57.360 --> 04:58.360]  Right.
[04:58.360 --> 05:06.240]  Yeah, so the only way you could do that, if you have a state claim and a federal claim
[05:06.240 --> 05:12.080]  against a party, you cannot remand that party.
[05:12.080 --> 05:13.920]  Okay.
[05:13.920 --> 05:21.720]  So if you only, if you re-file and only make a state claim against one party, then you
[05:21.720 --> 05:24.760]  can remand that party.
[05:24.760 --> 05:28.640]  You can bifurcate the suit and remand that party back to the state.
[05:28.640 --> 05:29.640]  Okay.
[05:29.640 --> 05:36.200]  And the court will probably have no objection to that because they will not want to mess
[05:36.200 --> 05:39.120]  with having to rule on state law.
[05:39.120 --> 05:40.120]  Okay.
[05:40.120 --> 05:52.360]  So I can't remand it if the state claim has, it has a defendant that's also on the federal
[05:52.360 --> 05:53.360]  claim.
[05:53.360 --> 05:54.360]  Right.
[05:54.360 --> 05:55.360]  Okay.
[05:55.360 --> 05:58.360]  The fed can hear both.
[05:58.360 --> 06:02.160]  Okay, got it.
[06:02.160 --> 06:04.120]  Okay.
[06:04.120 --> 06:05.800]  Thank you so much.
[06:05.800 --> 06:12.960]  You are welcome and have fun and keep us posted, but make sure you remember to ask for sanctions
[06:12.960 --> 06:13.960]  against them.
[06:13.960 --> 06:14.960]  Okay.
[06:14.960 --> 06:20.240]  For failure to negotiate in good faith.
[06:20.240 --> 06:21.240]  Okay.
[06:21.240 --> 06:22.240]  Excellent.
[06:22.240 --> 06:23.240]  Okay.
[06:23.240 --> 06:24.240]  Thank you.
[06:24.240 --> 06:25.240]  Thank you so much.
[06:25.240 --> 06:26.240]  Thank you, Mark.
[06:26.240 --> 06:29.160]  Now we're going to go to Scott in New York.
[06:29.160 --> 06:30.280]  Hello, Scott.
[06:30.280 --> 06:37.320]  What do you have for us today?
[06:37.320 --> 06:42.680]  Hello Scott in New York.
[06:42.680 --> 06:45.120]  Did we put you to sleep?
[06:45.120 --> 06:47.880]  Or have you got yourself muted on your end?
[06:47.880 --> 06:58.840]  Well, I don't hear him snoring like we did a certain Tina Colbrook whose name I won't
[06:58.840 --> 07:00.880]  say.
[07:00.880 --> 07:03.280]  Okay.
[07:03.280 --> 07:04.280]  We're not getting Scott.
[07:04.280 --> 07:07.480]  I'll try you again later.
[07:07.480 --> 07:10.000]  Maybe you'll wake up.
[07:10.000 --> 07:15.640]  We're going to Robin in New Jersey, New Joyzee.
[07:15.640 --> 07:17.640]  Hello Robin in New Joyzee.
[07:17.640 --> 07:21.840]  Hey, how's it going, Randy?
[07:21.840 --> 07:23.840]  What's up, Brett?
[07:23.840 --> 07:24.840]  Going good.
[07:24.840 --> 07:30.000]  Okay, Brett and I were trying to remember what your issue was.
[07:30.000 --> 07:33.000]  We remembered you, but not what your issue was.
[07:33.000 --> 07:35.000]  Man, I'm thinking-
[07:35.000 --> 07:36.000]  I'm thinking traffic.
[07:36.000 --> 07:37.000]  Was it traffic?
[07:37.000 --> 07:47.960]  No, like the one was the last year was the quarantine mandate and some cop put a ticket
[07:47.960 --> 07:54.080]  on my honey's car with her social security number on the ticket and the prosecutor wouldn't
[07:54.080 --> 07:55.080]  dismiss it.
[07:55.080 --> 08:00.640]  And we want to press charges on all of them, but you guys told me to check for the statute
[08:00.640 --> 08:03.200]  of limitations and I forgot to do that.
[08:03.200 --> 08:10.600]  But the current one I'm doing right now, I've just composed my motion, okay, she was accused
[08:10.600 --> 08:11.600]  of theft.
[08:11.600 --> 08:15.240]  She's a real estate agent, that's the one I talked about last week.
[08:15.240 --> 08:20.680]  And the tenant that was getting evicted, he's not even on the lease, his girlfriend's on
[08:20.680 --> 08:21.680]  the lease.
[08:21.680 --> 08:28.880]  This is the one with the motor home that she was living in?
[08:28.880 --> 08:30.880]  Something got stolen out of the yard.
[08:30.880 --> 08:39.000]  No, yeah, the truck got told by a tow truck guy, but on the same day it got told, he-
[08:39.000 --> 08:46.560]  Excuse me, on a couple days after it got told, he reported it to the police and the tow truck
[08:46.560 --> 08:53.880]  guy came and gave him money for the truck, $500 for the truck and the police report said
[08:53.880 --> 08:54.880]  it was settled.
[08:54.880 --> 08:55.880]  No further complaint.
[08:55.880 --> 09:03.640]  And then the very next day, he went back to the police station and filed a criminal complaint
[09:03.640 --> 09:09.040]  against my queen that she alleged her of theft.
[09:09.040 --> 09:17.080]  So originally it was up to $70,000 or whatever, but for some reason the state reduced it to
[09:17.080 --> 09:24.120]  $200 and she didn't get served until a whole year later.
[09:24.120 --> 09:29.920]  The incident happened a year ago, she knew nothing of it, and a year later-
[09:29.920 --> 09:30.920]  Latches.
[09:30.920 --> 09:31.920]  Latches.
[09:31.920 --> 09:32.920]  Latches.
[09:32.920 --> 09:43.000]  That's what we were speaking to last night with Dr. Graves, this goes to latches.
[09:43.000 --> 09:49.760]  I was working on a document and then I missed you guys, man, I'm so disappointed I missed-
[09:49.760 --> 09:55.680]  Whoa, wait a minute, are you telling me that you weren't hanging on our every word?
[09:55.680 --> 10:01.040]  Oh, I feel disparaged.
[10:01.040 --> 10:09.480]  Okay, latches as opposed to limitations.
[10:09.480 --> 10:17.680]  They delayed this a whole year when they could have moved ahead timely, but by delaying it
[10:17.680 --> 10:28.160]  a whole year, memories fade, documents get lost, witnesses move away, and it interferes
[10:28.160 --> 10:35.880]  with your ability to adequately defend yourself against the claim.
[10:35.880 --> 10:44.960]  And you can claim that they did that intentionally to deny you your ability to adequately defend
[10:44.960 --> 10:50.120]  and move that it be stricken for latches.
[10:50.120 --> 10:58.520]  Look up latches, L-A-T-C-H-E-S, in New Jersey.
[10:58.520 --> 11:06.320]  Okay, like I didn't even do it that way, I did a affidavit of fact with motion to strike
[11:06.320 --> 11:13.880]  because of a sham or a frivolous complaint and motion to dismiss with a frivolous complaint.
[11:13.880 --> 11:19.680]  So I was asking you too, can I do motion to the strike and a motion to dismiss for you
[11:19.680 --> 11:20.680]  to move?
[11:20.680 --> 11:24.240]  Yeah, they don't necessarily have anything to do with each other.
[11:24.240 --> 11:30.600]  If you do a motion to strike and motion to dismiss, if you get the strike and depending
[11:30.600 --> 11:36.540]  on what the strike is, that may give you grounds for motion to dismiss.
[11:36.540 --> 11:46.800]  So like if you strike their claim against you, then you could move to motion to dismiss.
[11:46.800 --> 11:49.840]  You're not necessarily connected.
[11:49.840 --> 11:59.520]  Okay, one of the causes of that kind of complaint that I was thinking about was malicious prosecution.
[11:59.520 --> 12:07.800]  So if the gentleman accused of theft, for malicious prosecution, I'm not sure, do you
[12:07.800 --> 12:10.800]  have to have gotten prosecuted or convicted?
[12:10.800 --> 12:17.720]  I'm not clear with that, or just the mere accusation and having to defend this in court
[12:17.720 --> 12:22.400]  constitutes malicious prosecution by the plaintiff or-
[12:22.400 --> 12:26.600]  Okay, the Supreme Court recently ruled on this.
[12:26.600 --> 12:34.120]  And it used to be that you couldn't claim malicious prosecution unless you won the case
[12:34.120 --> 12:36.440]  and it was dismissed.
[12:36.440 --> 12:42.000]  The Supreme Court recently ruled that that's no longer the case.
[12:42.000 --> 12:54.160]  You can petition for malicious prosecution while the prosecution is going on.
[12:54.160 --> 12:55.160]  Thank you.
[12:55.160 --> 12:56.160]  Thank you so much.
[12:56.160 --> 13:12.560]  We really want to pursue a lawsuit on this, would it be against the defendant or the state
[13:12.560 --> 13:17.680]  or the prosecutor for pursuing this nonsense?
[13:17.680 --> 13:25.480]  Wait, let me say that again.
[13:25.480 --> 13:27.880]  He's trying to figure out who the defendant should be.
[13:27.880 --> 13:32.880]  He wants to sue, but he's trying to figure out who the defendant should be.
[13:32.880 --> 13:45.440]  Okay, wait a minute, wait a minute.
[13:45.440 --> 13:53.160]  You're trying to sue civilly in a criminal prosecution.
[13:53.160 --> 13:58.400]  That is really, really tough.
[13:58.400 --> 14:05.440]  Because if a civil suit could interfere with a civil prosecution, everybody that gets accused
[14:05.440 --> 14:10.960]  of a crime will just sue the other party.
[14:10.960 --> 14:23.140]  That's why you can't pick judges, you have to look at the overall effect of something.
[14:23.140 --> 14:30.240]  And it's going to be very difficult to sue anybody unless they committed something like
[14:30.240 --> 14:41.680]  aggravated perjury or some definable tort that's outside the scope of the prosecution
[14:41.680 --> 14:42.680]  itself.
[14:42.680 --> 14:53.320]  But that's the point, I can prove, and in my documents, I prove that he perjured himself.
[14:53.320 --> 14:57.160]  That's simple as on the police report, he said he was on the lease, and he was never
[14:57.160 --> 14:58.160]  on the lease.
[14:58.160 --> 15:03.840]  And he's contradicting himself on consecutive days, police report on one day, the following
[15:03.840 --> 15:08.680]  day, he said he used to live there, the next day, he said he was on the lease.
[15:08.680 --> 15:14.840]  Okay, look up judicial estoppel.
[15:14.840 --> 15:24.640]  Judicial estoppel goes to inconsistent statements, and you can move to strike both statements
[15:24.640 --> 15:30.840]  because you don't know which one is wrong or false.
[15:30.840 --> 15:34.680]  Yeah, and you don't have to know.
[15:34.680 --> 15:39.240]  You just see that they're inconsistent, and you're asked to have them both stricken.
[15:39.240 --> 15:46.320]  So it doesn't, it's just like shouldn't they pay for our time?
[15:46.320 --> 15:56.720]  Like, is that, you know, why can somebody refuse a woman of theft and jeopardize her
[15:56.720 --> 16:01.400]  license, like, and it's a year later, so what if she was missing and then a default
[16:01.400 --> 16:08.760]  judgment was found, and she doesn't know her license is done, like, shouldn't somebody
[16:08.760 --> 16:10.960]  be liable for that?
[16:10.960 --> 16:15.040]  Let me read you Latches, New Jersey.
[16:15.040 --> 16:16.040]  Okay.
[16:16.040 --> 16:23.120]  Latches is a fairness doctrine, I'm sorry, Latches is a fairness defense invoked to defend
[16:23.120 --> 16:29.920]  a claim because it was brought following a prejudicial, unexplainable, and inexcusable
[16:29.920 --> 16:36.920]  delay in time, even though it was brought within the applicable statute of limitations.
[16:36.920 --> 16:42.480]  Milliman v. Polymer packing.
[16:42.480 --> 16:45.240]  You have Latches here.
[16:45.240 --> 17:00.040]  Hang on, Randy Kelton, Brett Fountain, Rue de la Radio, we'll be right back.
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[19:05.960 --> 19:18.480]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad
[19:18.480 --> 19:32.000]  people hurt you until they can get behind you, Norman, my friend, and all of your children.
[19:32.000 --> 19:35.400]  Come on.
[19:35.400 --> 19:47.840]  Okay, we are back.
[19:47.840 --> 19:53.520]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[19:53.520 --> 20:01.800]  We're talking to Robert in New Jersey, and I'm reading a little blurb here on a case
[20:01.800 --> 20:12.440]  that I looked up, and it starts with the Supreme Court has severely limited the Latch's defense.
[20:12.440 --> 20:17.680]  However, you still got the claim.
[20:17.680 --> 20:18.680]  You bring the claim.
[20:18.680 --> 20:25.040]  These guys want to come at you, you take as much back to them as possible, and it appears
[20:25.040 --> 20:38.680]  to be a standard practice of prosecutors to use delay in criminal cases to put pressure
[20:38.680 --> 20:41.840]  on defendants to get them to make a deal.
[20:41.840 --> 20:50.960]  Now I've got some good case law on this subject about how delay adversely affects people in
[20:50.960 --> 21:01.880]  criminal cases, so Latch's generally goes to a civil suit, but in criminal, and this
[21:01.880 --> 21:07.640]  says they've limited your access to Latch's.
[21:07.640 --> 21:15.200]  You should have access to Latch's in criminal because unlike civil, criminal puts your liberty
[21:15.200 --> 21:21.160]  at risk, and I've got the case law that says how oppressive this can be and how it can
[21:21.160 --> 21:32.080]  get people to plead where they otherwise would not because of time.
[21:32.080 --> 21:33.080]  So you have a good argument.
[21:33.080 --> 21:38.800]  If you'll send me an email, I'll send you the case law I have on this subject, and the
[21:38.800 --> 21:41.720]  case law is federal, so it will apply.
[21:41.720 --> 21:48.960]  Oh man, listen, Dad, I did not, first, I wasn't sure where you were going with that, but my
[21:48.960 --> 21:50.320]  goodness, Latch.
[21:50.320 --> 21:53.720]  Well, you said they waited a year.
[21:53.720 --> 21:54.720]  Yeah.
[21:54.720 --> 22:07.640]  Yeah, in a year, witnesses move away, memories fade, but unlike civil, in a year, she has
[22:07.640 --> 22:15.800]  been subjected to, wait a minute, wait a minute, has she not been charged for a year?
[22:15.800 --> 22:19.600]  No, she knew nothing about it until-
[22:19.600 --> 22:26.040]  Oh, okay, then Latch's may not apply, that particular argument I'm bringing would not
[22:26.040 --> 22:28.640]  necessarily apply because she didn't even know about it.
[22:28.640 --> 22:30.440]  No, not at all.
[22:30.440 --> 22:35.440]  But the thing is, listen, I just want to say this, I totally agree with you that they waited
[22:35.440 --> 22:43.560]  a year so she can just come in and then they'll say, give us $200, you're not guilty, or if
[22:43.560 --> 22:47.720]  you fight this and you get caught guilty, you might lose your license, and that's what
[22:47.720 --> 22:48.720]  they're abetting.
[22:48.720 --> 22:51.960]  Okay, hold on, there are other issues here.
[22:51.960 --> 22:52.960]  Okay.
[22:52.960 --> 22:58.080]  When was the complaint filed against her?
[22:58.080 --> 23:08.280]  The complaint was filed on the official complaint called the certification of probable cause,
[23:08.280 --> 23:19.360]  which I have a line on there, I prove it, was May 2nd, 2022, specifying an incident-
[23:19.360 --> 23:24.040]  So they didn't come after her until what, June of 23?
[23:24.040 --> 23:28.480]  Right, until May of 23.
[23:28.480 --> 23:35.920]  When they found probable cause, speedy trials, the clock should have started.
[23:35.920 --> 23:41.680]  Yeah, that's definitely what you would call prejudicial delay that you were talking about
[23:41.680 --> 23:42.680]  earlier.
[23:42.680 --> 23:43.680]  Yeah.
[23:43.680 --> 23:44.680]  Yeah.
[23:44.680 --> 23:45.800]  They sat on it.
[23:45.800 --> 23:49.760]  They already had what they needed to move forward, but they didn't move forward.
[23:49.760 --> 23:52.840]  They sat on it.
[23:52.840 --> 23:56.440]  And the case law I have will go right to that.
[23:56.440 --> 24:02.240]  Can I listen to you now, please?
[24:02.240 --> 24:06.520]  Wait, I couldn't understand that.
[24:06.520 --> 24:10.680]  No, can you repeat your email?
[24:10.680 --> 24:12.960]  I have it down somewhere from the wall.
[24:12.960 --> 24:13.960]  Okay.
[24:13.960 --> 24:17.520]  My email is randy, R-E-N-D-Y, at ruleoflawradio.com.
[24:17.520 --> 24:22.520]  Oh, thank you.
[24:22.520 --> 24:26.520]  Thank you.
[24:26.520 --> 24:32.520]  So what do you use to look up?
[24:32.520 --> 24:35.600]  I want to look up-
[24:35.600 --> 24:41.320]  What I use to do my legal research is Google.
[24:41.320 --> 24:43.280]  I do not use Google Scholar.
[24:43.280 --> 24:47.560]  I have found Google Scholar to be almost useless.
[24:47.560 --> 24:52.920]  Every search I do on Google Scholar, they send me to pay sites.
[24:52.920 --> 24:55.440]  I just use regular Google.
[24:55.440 --> 24:58.360]  I just put in New Jersey Latches.
[24:58.360 --> 25:02.800]  Boom, got to hit right on this.
[25:02.800 --> 25:04.640]  I don't use Westlaw.
[25:04.640 --> 25:06.480]  I don't use Lexus.
[25:06.480 --> 25:09.600]  Those were nothing but a pain in the rear.
[25:09.600 --> 25:16.760]  You search Google and you have a lot of lawyers who, you know, all these lawyers, there's
[25:16.760 --> 25:19.000]  almost no lawyers in general practice anymore.
[25:19.000 --> 25:21.560]  They all specialize.
[25:21.560 --> 25:31.720]  And they will put up a website and post their case law on what they're best at.
[25:31.720 --> 25:37.520]  And it's available for the public, but that's not the real purpose of it.
[25:37.520 --> 25:43.520]  The real purpose of the site is so that other lawyers can find them.
[25:43.520 --> 25:48.280]  Lawyers get 50% of their business by referral from other lawyers.
[25:48.280 --> 25:54.880]  So if a lawyer has a case that goes to an issue that he's not familiar with, he wants
[25:54.880 --> 25:58.180]  to find a lawyer who is familiar with it.
[25:58.180 --> 26:01.760]  He doesn't want to become familiar with it.
[26:01.760 --> 26:05.880]  He wants to bring in another lawyer and have that lawyer argue the issue for him.
[26:05.880 --> 26:09.800]  So they put up these websites so they can find other lawyers.
[26:09.800 --> 26:18.160]  I don't so much look for case law as I look for treatises and briefs.
[26:18.160 --> 26:19.160]  I want to see legal briefs.
[26:19.160 --> 26:21.680]  They give me all kinds of great case law.
[26:21.680 --> 26:23.600]  Treatises do the same way.
[26:23.600 --> 26:30.240]  And a lot of times in my pleadings, my arguments are taken right out of these cases, right
[26:30.240 --> 26:35.520]  out of these websites where the lawyer is explaining the legal issue.
[26:35.520 --> 26:39.720]  I just copy it out and drop it in my document.
[26:39.720 --> 26:45.440]  I am an accomplished plagiarist.
[26:45.440 --> 26:49.240]  They do a lot better job than I do.
[26:49.240 --> 26:51.680]  So I just trap theirs out and drop it in.
[26:51.680 --> 26:52.680]  Just regular Google.
[26:52.680 --> 26:53.680]  Okay.
[26:53.680 --> 27:01.840]  I want to look into that because I want to do a possible class action.
[27:01.840 --> 27:09.840]  Well, I've got to do the statute of limitations, but I want to find out everyone that in a
[27:09.840 --> 27:20.560]  certain municipality, excuse me, that was fined or spent money or what have you for
[27:20.560 --> 27:28.240]  under a specific statute, the whole government ordinance to stay home during COVID.
[27:28.240 --> 27:33.800]  So because he had given that mandate, some cop just was putting tickets on people's
[27:33.800 --> 27:40.080]  cars and he was saying that he spoke to the people and told them to leave and warned them
[27:40.080 --> 27:41.080]  to leave.
[27:41.080 --> 27:42.920]  And if not, he was going to give them tickets.
[27:42.920 --> 27:44.760]  And that was a lie.
[27:44.760 --> 27:52.000]  And because you never even put a ticket on her car, she got a ticket in the mail with
[27:52.000 --> 27:53.800]  her social security number on it.
[27:53.800 --> 28:01.200]  And there's a statute that says she should get at least $2,500 if that ever happened.
[28:01.200 --> 28:05.240]  I want to make it bigger and while we were there, we just heard so many people getting
[28:05.240 --> 28:06.240]  railroaded.
[28:06.240 --> 28:07.240]  Okay.
[28:07.240 --> 28:13.800]  Are you familiar with a private attorney general suit?
[28:13.800 --> 28:16.280]  No.
[28:16.280 --> 28:22.920]  There are patriot, what I call patronets out there who are saying you can become a private
[28:22.920 --> 28:23.920]  attorney general.
[28:23.920 --> 28:27.320]  No, you can't become a private attorney general.
[28:27.320 --> 28:34.000]  But there are what the courts call a private attorney general suit.
[28:34.000 --> 28:45.120]  And what that is, is a suit over an issue that's relatively small, like a traffic ticket.
[28:45.120 --> 28:52.960]  To sue over a traffic ticket, it's gonna cost you, like I just paid over $500 to file
[28:52.960 --> 28:58.000]  a suit in a county court in Texas.
[28:58.000 --> 29:03.520]  And then if you have to hire lawyers to sue over a traffic issue, it's gonna cost you
[29:03.520 --> 29:04.520]  thousands.
[29:04.520 --> 29:08.780]  The ticket's only three, 400 bucks.
[29:08.780 --> 29:13.880]  So almost nobody will sue over that and they get to do any kind of crap over they want
[29:13.880 --> 29:15.440]  to.
[29:15.440 --> 29:24.920]  So in order to address these more seemingly minor issues, the courts allow a type of suit
[29:24.920 --> 29:33.960]  where you can sue in your interest and in the interest of all others similarly situated.
[29:33.960 --> 29:34.960]  Okay.
[29:34.960 --> 29:35.960]  Okay.
[29:35.960 --> 29:39.960]  And then if you win, you win for all of these other people.
[29:39.960 --> 29:47.920]  And that makes it equitable for you to take on this seemingly minor issue.
[29:47.920 --> 29:51.440]  That's exactly what you were speaking to.
[29:51.440 --> 30:01.080]  Hang on, Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back.
[30:01.080 --> 30:05.520]  Everyone knows that walking is a great exercise, but you might not know that the way you walk
[30:05.520 --> 30:07.640]  could predict how long you're going to live.
[30:07.640 --> 30:12.880]  I'm Dr. Catherine Albrecht and I'll be back to tell you more about walking prognostication
[30:12.880 --> 30:14.560]  in just a moment.
[30:14.560 --> 30:16.160]  Privacy is under attack.
[30:16.160 --> 30:19.760]  When you give up data about yourself, you'll never get it back again.
[30:19.760 --> 30:24.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.520 --> 30:29.720]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:29.720 --> 30:32.280]  Privacy, it's worth hanging on to.
[30:32.280 --> 30:36.560]  This public service announcement is brought to you by StartPage.com, the private search
[30:36.560 --> 30:40.120]  engine alternative to Google, Yahoo, and Bing.
[30:40.120 --> 30:43.360]  Start over with StartPage.
[30:43.360 --> 30:47.800]  New research shows how fast you walk could predict how long you're going to live.
[30:47.800 --> 30:52.380]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.380 --> 30:55.600]  per second or faster live longer than expected.
[30:55.600 --> 31:00.000]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.000 --> 31:04.720]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.720 --> 31:07.080]  as more traditional statistical measures.
[31:07.080 --> 31:10.360]  Generally speaking, faster walkers live longer.
[31:10.360 --> 31:12.880]  Measuring walking speed is quick and inexpensive.
[31:12.880 --> 31:16.720]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.720 --> 31:20.840]  Researchers say it could help doctors identify older patients who need special care.
[31:20.840 --> 31:22.780]  I'm Dr. Catherine Albrecht.
[31:22.780 --> 31:25.280]  More news and information at CatherineAlbrecht.com.
[31:25.280 --> 31:31.160]  I lost my son.
[31:31.160 --> 31:32.160]  My nephew.
[31:32.160 --> 31:33.160]  My uncle.
[31:33.160 --> 31:34.160]  My son.
[31:34.160 --> 31:38.440]  In 2001, most people don't know that a third tower fell on September 11.
[31:38.440 --> 31:42.600]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.600 --> 31:48.520]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.520 --> 31:52.200]  and engineers looked into the evidence and believed there is more to the story.
[31:52.200 --> 31:53.780]  Bring justice to my son.
[31:53.780 --> 31:54.780]  My uncle.
[31:54.780 --> 31:55.780]  My nephew.
[31:55.780 --> 31:56.780]  My son.
[31:56.780 --> 31:57.780]  Go to buildingwhat.org.
[31:57.780 --> 31:58.780]  Why it fell.
[31:58.780 --> 31:59.780]  Why it matters.
[31:59.780 --> 32:01.580]  And what you can do.
[32:01.580 --> 32:04.040]  Are you looking to have a closer relationship with God?
[32:04.040 --> 32:08.760]  and a better understanding of His Word? Then tune in to LogosRadioNetwork.com
[32:08.760 --> 32:13.600]  on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and
[32:13.600 --> 32:18.740]  her guests discuss the Scriptures in accord with 2nd Timothy 2-15. Study to
[32:18.740 --> 32:22.400]  show thyself approved unto God, a workman that needeth not to be ashamed,
[32:22.400 --> 32:26.920]  rightly dividing the word of truth. Starting in January, our first hour
[32:26.920 --> 32:30.900]  studies are in the Book of Mark, where we'll go verse by verse and discuss the
[32:30.900 --> 32:35.240]  true gospel message. Our second-hour topical studies will vary each week
[32:35.240 --> 32:39.960]  with discussions on sound doctrine and Christian character development. We wish
[32:39.960 --> 32:44.560]  to reflect God's light and be a blessing to all those with a hearing ear. Our goal
[32:44.560 --> 32:48.180]  is to strengthen our faith and to transform ourselves more into the
[32:48.180 --> 32:52.700]  likeness of our Lord and Savior Jesus. So tune in to Scripture Talk live on
[32:52.700 --> 32:58.240]  LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and motivate your
[32:58.240 --> 33:08.160]  studies of the Scriptures. Live free speech radio LogosRadioNetwork.com
[33:28.240 --> 33:57.160]  Yeah, I won't, I won't, I won't let you pull the wool over my eyes. I simply must refuse your news, also come in lies.
[33:57.160 --> 34:13.120]  It seems you like the faith, but please take some words to the wise. Please stop trying to pull the wool over my eyes.
[34:27.160 --> 34:57.120]  An orange is an orange, and will never be an apple. This image is enough, it is no tough concept to grapple.
[34:57.120 --> 35:13.080]  It's just too much to bear, I won't wear your evil shackles. A bluebird is a bluebird, and will never be a grackle.
[35:27.120 --> 35:51.080]  Please stop this madness. Can you say cover up? What's up, cat got your tongue?
[35:51.080 --> 35:59.080]  Okay, we are back. Brandy Kelton, Brett Fountain, Ludelaw Radio, and we're talking to Scott in New Jersey.
[35:59.080 --> 36:04.080]  No, it's Robin. Robin in New Jersey. Although you might want to try Scott again.
[36:04.080 --> 36:07.080]  Yeah, see if Scott will answer.
[36:07.080 --> 36:11.080]  Okay. Scott, are you there? Did we wake you up yet?
[36:11.080 --> 36:14.080]  No.
[36:14.080 --> 36:20.080]  Yeah, he's not there. Okay. Okay, Robin?
[36:20.080 --> 36:31.080]  Yeah, that private attorney general suit is very interesting, and what I was saying was that sounds similar to a class action. What's the difference?
[36:31.080 --> 36:39.080]  Okay, the difference between a private attorney general suit and a class action suit, and that was exactly the right question.
[36:39.080 --> 36:51.080]  In a class action suit, all the other side has to do is make a deal with some members of the class and they can break the class apart.
[36:51.080 --> 37:05.080]  And in a class action, the lawyer takes all the money and all the members of the class get chomped. In a private attorney general suit, you are the only party.
[37:05.080 --> 37:14.080]  So any settlement you get, any claims you get, you keep all of it. And that's the point of a private attorney general suit.
[37:14.080 --> 37:28.080]  You keep all the money from all similar situated so that you can pay for the litigation. It makes it worth going to the trouble of entering into the litigation.
[37:28.080 --> 37:30.080]  Does that make sense?
[37:30.080 --> 37:46.080]  Yeah, absolutely. So speaking the information we do for your request to the municipalities, and you know what, I'll have more questions on that. I really want to pursue that.
[37:46.080 --> 37:51.080]  I really want to pursue that. But yeah, I'm going to research that and follow up with you guys if you don't mind.
[37:51.080 --> 37:58.080]  Yes. Research it and then call us up next week with some really hard questions for Brett.
[37:58.080 --> 38:04.080]  Man, you got me covered. Randy, Brett, bless you. Thank you both. Have a great night, gentlemen.
[38:04.080 --> 38:18.080]  Okay. Thank you, Robin. Okay. Now we're going to go to Mary. This looks like a first time caller. If you are in the 415 area code.
[38:18.080 --> 38:23.080]  I got Mary. Is that right?
[38:23.080 --> 38:25.080]  Yes.
[38:25.080 --> 38:31.080]  Okay. This says California. Are you in California?
[38:31.080 --> 38:32.080]  Yes.
[38:32.080 --> 38:38.080]  Okay. Mary in California. Okay. What do you have for us today?
[38:38.080 --> 38:56.080]  So I called last week regarding the writ of mandate that I wrote, and it was denied. And the three appellate judges did not give any reason. They just did not.
[38:56.080 --> 39:05.080]  Did you file a request for either clarification or findings of fact and conclusions at law?
[39:05.080 --> 39:27.080]  That's the exact reason why I'm calling because I wanted to find out if there was anything that I could do to follow up because what it says in our form in California is APP-150 for misdemeanor rights.
[39:27.080 --> 39:41.080]  And I read this with a friend of mine today, and we were trying to figure this out. So let me read you what the instructions that they give about how the appellate division can deny your writ.
[39:41.080 --> 40:02.080]  It says also, unlike appeals, writs are discretionary. In an appeal, the appellate division must hear the party's arguments and decide whether the appealing party is correct, that the superior court made an error, and whether, based on that error, the party is entitled to the relief requested. This is called a decision on the merits.
[40:02.080 --> 40:19.080]  In contrast, in a writ proceeding, the appellate division is not required to issue a decision on the merits, even if the superior court made an error. The appellate division can decide to leave review of that error for an appeal from the final judgment in the case.
[40:19.080 --> 40:32.080]  Most requests for writs are denied without a decision on the merits. This is called a summary denial, and courts rarely grant the relief requested, even in those cases that are decided on the merits.
[40:32.080 --> 40:49.080]  Both because these writ proceedings are not the ordinary way trial court decisions are reviewed, and because these writs are rarely issued, these writ proceedings are often called proceedings for extraordinary relief, and these writs are often called extraordinary writs.
[40:49.080 --> 41:02.080]  So can you figure out from what I just read you as to whether or not they are, do they have the authority to simply deny a writ of mandate out of hand?
[41:02.080 --> 41:18.080]  No, it's not something I can do without actually looking at, reading, and studying the language of the document. Just hearing it that way, it's too complex for me to put it all together. Can you email that to me?
[41:18.080 --> 41:38.080]  Sure. Let me also tell you one other, actually there's a couple more aspects. It says within 10 days after you serve and file your petition, the respondent or any real party in interest can serve and file preliminary opposition to the petition. Within 10 days.
[41:38.080 --> 41:46.080]  Okay, so no party filed any preliminary opposition.
[41:46.080 --> 42:01.080]  Okay, this is not like a civil suit where the party has to respond or they essentially stipulate to your claims. This is different.
[42:01.080 --> 42:25.080]  You're alleging an error on part of the judge. The other side can respond, but they don't have to, if they don't feel as though your claim has merit, or they're pretty well certain that the appellate court is not going to grant you relief, they don't have to respond if they don't want to.
[42:25.080 --> 42:49.080]  Okay. All right. Now, the third question is, I have been told that you must include in your writ, you have to argue for the opposing side. And if you do not do that, then the writ is automatically denied. Can you make a comment on that?
[42:49.080 --> 42:55.080]  Can you say that again, but didn't quite get all of it?
[42:55.080 --> 43:19.080]  I think she means when she says you must argue for the other side, I think she means that you need to give some context and say, well, normally we would do it like this. Usually they have 21 days. However, in this particular situation, like put opposing views both in there is what she said.
[43:19.080 --> 43:33.080]  They want you to tell them what the other side's claims are. And all you'd have to do is include their arguments, whatever they have filed.
[43:33.080 --> 43:51.080]  Generally, when you file an appeal, you have to file a full transcript. No, this was a petition for writ of mandate. Okay, so you don't have to file a full transcript, but the court wants to hear both sides of the issue.
[43:51.080 --> 43:54.080]  Okay, so that is necessary.
[43:54.080 --> 44:00.080]  Yeah, and instead of just sending them the documents, you should explain to them.
[44:00.080 --> 44:11.080]  Through advances in technology, our lives have greatly improved, except in the area of nutrition. People feed their pets better than they feed themselves. And it's time we changed all that.
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[46:12.080 --> 46:35.080]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, always. I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for.
[46:35.080 --> 46:58.080]  I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living pushing buttons. I get my message out to anyone in shot and distance. I vote for bravery and against slavery, showing resistance.
[46:58.080 --> 47:20.080]  First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to make my living pushing buttons. Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, yeah.
[47:20.080 --> 47:44.080]  We sat down to play Monopoly. We all wanted to win the game. We gave some guy and this money supply. We must have not been thinking this brain. After some time, the worth of my dime got beat down to dinner. Nothing I might have been doing all right. Still, I make my living pushing buttons. Yeah.
[47:44.080 --> 47:54.080]  Oh, oh, oh, oh, oh, oh. Oh, oh, oh, oh, oh.
[47:54.080 --> 48:05.080]  There's a man over there with ammunition looking for a brand new chance. To profit from my fear, we're going to show him a brand new dance.
[48:05.080 --> 48:19.080]  Two hundred six to seven stories. They blew up into almost nothing. I'm in pain in the rain. It makes me make my living pushing buttons. Yeah.
[48:19.080 --> 48:48.080]  Push it so good. Like I knew I should. Push it on the envelope. I give them all plenty of rope. I can see a hole eat the slack. I ain't gonna keep cutting. As I take my place, copy the make my living pushing buttons.
[48:48.080 --> 48:50.080]  Yeah.
[48:50.080 --> 49:17.080]  Oh, oh, oh, oh, oh, oh. Oh, oh, oh, oh, oh. Oh, oh, oh, oh, oh. Oh, oh, oh, oh, oh. Oh, oh, oh, oh.
[49:17.080 --> 49:36.160]  Okay, we are back, Randy Kelton, Brett Fountain with La Radio.
[49:36.160 --> 49:40.560]  And we're talking to Mary in California.
[49:40.560 --> 49:42.280]  And we were pretty busy on the break.
[49:42.280 --> 49:45.280]  Where were we, Mary?
[49:45.280 --> 49:51.080]  I was busy, I was running off the cliff.
[49:51.080 --> 49:59.160]  I think that Brett was saying that it is necessary to argue the opposing side in a writ of mandate.
[49:59.160 --> 50:01.280]  Is that correct?
[50:01.280 --> 50:07.520]  Apparently, we need Tina, I don't see Tina Cobruk on here.
[50:07.520 --> 50:11.800]  I wasn't saying it's necessary, I'm just rephrasing your question for Randy because he couldn't
[50:11.800 --> 50:12.800]  hear you.
[50:12.800 --> 50:14.760]  He didn't hear the question very well.
[50:14.760 --> 50:18.480]  But then I was rephrasing for him that that's what you were asking about.
[50:18.480 --> 50:20.480]  I don't know if it's necessary.
[50:20.480 --> 50:28.360]  Yeah, it's probably a good idea to explain both sides to the judge.
[50:28.360 --> 50:29.360]  I like to do that.
[50:29.360 --> 50:33.120]  I think it's helpful to the reader.
[50:33.120 --> 50:37.320]  It gives them referential index.
[50:37.320 --> 50:41.680]  I think it also helps them feel like that you're a well-rounded person and you're not
[50:41.680 --> 50:47.560]  just angry at the world and you're trying to impose your idea on them, but you're painting
[50:47.560 --> 50:50.600]  a picture showing that you can think from the other side.
[50:50.600 --> 50:57.440]  I think there's some value to that too.
[50:57.440 --> 51:01.800]  It's the judge's position, especially in federal courts.
[51:01.800 --> 51:08.120]  The federal court will, when you file a motion or a pleading, they will file a response to
[51:08.120 --> 51:14.320]  you telling you what's wrong with it and telling you exactly how to fix it.
[51:14.320 --> 51:22.280]  They'll do the same thing to the other side because it's the judge's job to find a just
[51:22.280 --> 51:25.880]  adjudication between these issues.
[51:25.880 --> 51:40.040]  He wants to know both sides' position so he can find the best adjudication of the case.
[51:40.040 --> 51:45.840]  When you go to the appellate court, you want to give them both sides' argument and then
[51:45.840 --> 51:51.360]  show why your argument should take precedence over the other side.
[51:51.360 --> 52:00.560]  Okay, well like I said last week, it did not actually go to the appellate district court.
[52:00.560 --> 52:06.840]  It went to the appellate superior, which is one rung below that.
[52:06.840 --> 52:09.800]  And okay, so that's good to know.
[52:09.800 --> 52:16.720]  And then if they just denied it whole cloth without a reason, you had suggested, Randy,
[52:16.720 --> 52:24.200]  that I submit a document to request that they give me facts and findings and conclusions
[52:24.200 --> 52:25.200]  of law?
[52:25.200 --> 52:29.720]  Yes, you can ask for clarification or findings of fact.
[52:29.720 --> 52:35.640]  I don't know what they do in California, they may have their own terminology, but in
[52:35.640 --> 52:43.240]  order for you to be able to craft an effective response, you need to know the facts they
[52:43.240 --> 52:48.720]  relied on and the law they applied to those facts.
[52:48.720 --> 52:55.080]  If they don't give you that, then they deny you and your right to further appeal.
[52:55.080 --> 53:01.840]  So I would definitely ask for findings of fact and conclusions of law.
[53:01.840 --> 53:07.520]  Did you say that if they do not give that to me, then I am denied the right to appeal?
[53:07.520 --> 53:15.840]  Yeah, you can only appeal where the court has failed to properly apply the law to the
[53:15.840 --> 53:18.120]  facts.
[53:18.120 --> 53:21.180]  That's the only thing you can appeal.
[53:21.180 --> 53:28.200]  So you have to know what facts they relied on and what law they applied to those facts.
[53:28.200 --> 53:32.240]  If you don't have that, you have no way of appealing, so you're denied your right to
[53:32.240 --> 53:33.240]  appeal.
[53:33.240 --> 53:36.240]  Does that make sense?
[53:36.240 --> 53:43.960]  Yes, and so it would be, you said a clarification or to, I'll have to figure it out, to provide
[53:43.960 --> 53:51.320]  the findings and facts and conclusions and law that caused them to deny the writ?
[53:51.320 --> 53:54.320]  Yes.
[53:54.320 --> 54:02.440]  And with the appellate courts, always be polite with them because as a rule, they really want
[54:02.440 --> 54:06.000]  to find a just adjudication for both sides.
[54:06.000 --> 54:10.520]  They tend not to have a dog in the hunt.
[54:10.520 --> 54:18.000]  Their only purpose is to make sure that the trial courts properly apply law and facts.
[54:18.000 --> 54:21.880]  It gets easier when you understand where that judge lives.
[54:21.880 --> 54:27.160]  He don't care about the overall adjudication of the case.
[54:27.160 --> 54:32.920]  All they care about is that the law was properly applied to the facts.
[54:32.920 --> 54:34.800]  Okay.
[54:34.800 --> 54:41.440]  Don't give them any arguments as to why you should win your side.
[54:41.440 --> 54:49.960]  Only give them arguments about how the law should be applied to the fact of this case.
[54:49.960 --> 54:54.000]  If you're in the trial court, you give them reasons why they should rule in your favor
[54:54.000 --> 55:00.820]  and you can argue all the political stuff you want to, but not before the court of appeals.
[55:00.820 --> 55:05.160]  If you do that, they won't hear you.
[55:05.160 --> 55:07.000]  They'll see it and read it, but they won't hear it.
[55:07.000 --> 55:12.600]  They won't consider it at all and they tend not to tell you.
[55:12.600 --> 55:16.280]  They'll just rule against you.
[55:16.280 --> 55:20.520]  Do you mean if I come off rude or snarky, is that what you're saying?
[55:20.520 --> 55:21.520]  No.
[55:21.520 --> 55:27.440]  If you try to argue the merits of the case before the appellate court, they're going
[55:27.440 --> 55:29.760]  to ignore that.
[55:29.760 --> 55:38.600]  He's talking about the kinds of things that an appellate court can hear from you.
[55:38.600 --> 55:41.600]  You can bring all kinds of things, but they won't be able to address it.
[55:41.600 --> 55:46.780]  The only things they can address is whether there was a judicial error.
[55:46.780 --> 55:53.540]  We put these facts before the court and we applied this law to the facts.
[55:53.540 --> 56:02.840]  The other side applied this law to the facts and we feel you should apply our law as opposed
[56:02.840 --> 56:04.400]  to the other law to the facts.
[56:04.400 --> 56:13.360]  We feel that the judge applied the wrong precedent to the facts in the case and you need to correct
[56:13.360 --> 56:19.120]  that misapplication of the law.
[56:19.120 --> 56:24.800]  That's the only thing the appellate court can hear.
[56:24.800 --> 56:30.640]  If you argue the merits of your case or the strength of your position, they won't hear
[56:30.640 --> 56:31.640]  that.
[56:31.640 --> 56:32.800]  That's not what they're there for.
[56:32.800 --> 56:35.800]  That's the trial judge's job.
[56:35.800 --> 56:37.800]  Am I making sense here?
[56:37.800 --> 56:46.600]  Yes, but I'm going to have to sort of sit on it and wrap my head around it and do some
[56:46.600 --> 56:47.600]  research.
[56:47.600 --> 56:59.960]  Do a search for petitions for writ of mandate and pull some up and read them.
[56:59.960 --> 57:03.880]  That'll give you a good idea of how to argue these issues.
[57:03.880 --> 57:07.600]  There might be other kinds of judicial error too.
[57:07.600 --> 57:13.440]  Maybe if you raise an objection saying, hey, this is whatever the opposing counsel brought,
[57:13.440 --> 57:15.680]  that's not admissible evidence.
[57:15.680 --> 57:21.540]  I object to that evidence being admitted because it's hearsay or it's irrelevant or whatever
[57:21.540 --> 57:27.480]  and you object and the judge overrules that objection, then you can highlight that to
[57:27.480 --> 57:31.360]  the appellate court and say, hey, this is judicial error.
[57:31.360 --> 57:38.320]  The evidence was not admissible and this judge treated it as if it were admissible evidence.
[57:38.320 --> 57:44.920]  So that's another kind of thing that the judge, that the appellate court can hear from you.
[57:44.920 --> 57:49.880]  They can't hear all of your arguments that you took to the trial court.
[57:49.880 --> 57:50.880]  Okay.
[57:50.880 --> 57:54.200]  Do you understand the distinction?
[57:54.200 --> 57:57.640]  Yeah, I think so.
[57:57.640 --> 58:03.400]  And I just have to say, gentlemen, I've had my questions answered and this was helpful.
[58:03.400 --> 58:04.400]  Okay.
[58:04.400 --> 58:06.720]  Good luck and keep us up to speed on how this goes.
[58:06.720 --> 58:07.720]  Okay.
[58:07.720 --> 58:08.720]  Thank you very much, gentlemen.
[58:08.720 --> 58:13.600]  God bless you and I'll speak to you soon.
[58:13.600 --> 58:14.600]  Okay.
[58:14.600 --> 58:15.600]  Hi, I'm Jerry.
[58:15.600 --> 58:18.640]  This is Randy Kelton, Brett Fountain, Wheel of Law Radio.
[58:18.640 --> 58:21.280]  We're about to go to our sponsors.
[58:21.280 --> 58:23.720]  Let me check Scott before we go.
[58:23.720 --> 58:26.560]  Scott, are you there?
[58:26.560 --> 58:28.560]  I'm here.
[58:28.560 --> 58:29.560]  All right.
[58:29.560 --> 58:35.320]  All right, Scott, we will pick you up on the other side.
[58:35.320 --> 58:42.240]  We were afraid you had went to sleep because I have that effect on people.
[58:42.240 --> 58:46.760]  We tried to switch over to you a couple of times earlier and for whatever reason couldn't
[58:46.760 --> 58:47.760]  hear you.
[58:47.760 --> 58:48.760]  But hold on.
[58:48.760 --> 58:49.760]  We'll be right back.
[58:49.760 --> 58:54.360]  Would you like to make more definite progress in your walk with God?
[58:54.360 --> 58:59.520]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.520 --> 59:00.880]  can really help.
[59:00.880 --> 59:05.320]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:06.320]  today.
[59:06.320 --> 59:10.240]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.240 --> 59:13.360]  to know God and to know the meaning of life.
[59:13.360 --> 59:18.600]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.600 --> 59:22.880]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.880 --> 59:27.800]  of salvation, growing in Christ, and how to build up the Church.
[59:27.800 --> 59:32.800]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.800 --> 59:45.560]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.560 --> 59:48.280]  us online at bfa.org.
[59:48.280 --> 01:00:02.120]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.120 --> 01:00:05.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.760 --> 01:00:09.240]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.240 --> 01:00:10.680]  Our liberty depends on it.
[01:00:10.680 --> 01:00:14.600]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.600 --> 01:00:17.480]  one of your constitutional rights.
[01:00:17.480 --> 01:00:19.080]  Privacy is under attack.
[01:00:19.080 --> 01:00:22.680]  When you give up data about yourself, you'll never get it back again.
[01:00:22.680 --> 01:00:27.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.440 --> 01:00:32.520]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.520 --> 01:00:35.200]  Privacy, it's worth hanging on to.
[01:00:35.200 --> 01:00:39.480]  This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.480 --> 01:00:43.040]  engine alternative to Google, Yahoo, and Bing.
[01:00:43.040 --> 01:00:46.480]  Start over with Startpage.
[01:00:46.480 --> 01:00:48.840]  Imagine your mom and dad are getting ready for bed.
[01:00:48.840 --> 01:00:51.920]  They pull back the covers and find a third party there.
[01:00:51.920 --> 01:00:55.120]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.120 --> 01:00:59.280]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.280 --> 01:01:00.880]  was designed to prevent.
[01:01:00.880 --> 01:01:05.080]  It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.080 --> 01:01:07.200]  the days of our founding fathers.
[01:01:07.200 --> 01:01:08.200]  Third party?
[01:01:08.200 --> 01:01:09.200]  Third Amendment?
[01:01:09.200 --> 01:01:10.200]  Get it?
[01:01:10.200 --> 01:01:13.360]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.360 --> 01:01:16.880]  to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:16.880 --> 01:01:32.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:35.640]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.640 --> 01:01:39.120]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.120 --> 01:01:40.600]  Our liberty depends on it.
[01:01:40.600 --> 01:01:44.480]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.480 --> 01:01:47.440]  one of your constitutional rights.
[01:01:47.440 --> 01:01:49.040]  Privacy is under attack.
[01:01:49.040 --> 01:01:52.640]  When you give up data about yourself, you'll never get it back again.
[01:01:52.640 --> 01:01:57.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.440 --> 01:01:58.880]  So protect your rights.
[01:01:58.880 --> 01:02:02.560]  Say no to surveillance and keep your information to yourself.
[01:02:02.560 --> 01:02:05.180]  Privacy, it's worth hanging on to.
[01:02:05.180 --> 01:02:09.480]  This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.480 --> 01:02:13.000]  engine alternative to Google, Yahoo, and Bing.
[01:02:13.000 --> 01:02:16.720]  Start over with StartPage.
[01:02:16.720 --> 01:02:22.080]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.080 --> 01:02:26.560]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.560 --> 01:02:28.040]  search and seizure.
[01:02:28.040 --> 01:02:30.400]  Fourth Amendment, four eyes staring at you?
[01:02:30.400 --> 01:02:31.400]  Get it?
[01:02:31.400 --> 01:02:34.520]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.520 --> 01:02:35.520]  security.
[01:02:35.520 --> 01:02:40.040]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.040 --> 01:02:44.060]  When government employees demand a peep at your privates without probable cause, I say
[01:02:44.060 --> 01:02:46.880]  it's time to sound the constitutional alarm bells.
[01:02:46.880 --> 01:02:51.160]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.160 --> 01:02:53.320]  eyes to take a gander at the Fourth.
[01:02:53.320 --> 01:02:55.240]  I'm Dr. Catherine Albrecht.
[01:02:55.240 --> 01:03:11.360]  More news and information at CatherineAlbrecht.com.
[01:03:25.240 --> 01:03:50.000]  Okay, we are back, Randy Kelton, WhipFountain, Wheel of Life Radio, and we're talking to
[01:03:50.000 --> 01:03:52.000]  Scott in New York.
[01:03:52.000 --> 01:03:53.600]  Hello, Scott.
[01:03:53.600 --> 01:03:57.600]  What do you have for us today?
[01:03:57.600 --> 01:04:05.640]  Hello, Scott.
[01:04:05.640 --> 01:04:09.040]  We are not hearing you.
[01:04:09.040 --> 01:04:13.840]  I'd like to get heard.
[01:04:13.840 --> 01:04:15.520]  There you are.
[01:04:15.520 --> 01:04:19.360]  Okay, what do you have for us today?
[01:04:19.360 --> 01:04:25.080]  Are you talking to Scott or me, Anne?
[01:04:25.080 --> 01:04:32.240]  Okay, well, we had Scott on here for this phone number, but we can change it to Anne.
[01:04:32.240 --> 01:04:33.240]  Good.
[01:04:33.240 --> 01:04:34.240]  I've been waiting.
[01:04:34.240 --> 01:04:35.240]  Thank you so much.
[01:04:35.240 --> 01:04:47.480]  I have just more than enough to... Okay, one quick question on a different subject
[01:04:47.480 --> 01:04:57.400]  than my main thing is on its credit card, and it was 2010, and I don't know if it was
[01:04:57.400 --> 01:05:12.640]  my credit card or not, but I'm now 85, and that's maybe not relevant.
[01:05:12.640 --> 01:05:17.960]  I was called to go to court for not paying the credit card anymore.
[01:05:17.960 --> 01:05:22.520]  I had made a few payments on it.
[01:05:22.520 --> 01:05:30.120]  At that time, I would have paid any bill that came without questioning it, because I had
[01:05:30.120 --> 01:05:40.000]  other credit cards and other bills, and I was on painkillers for an accident where my
[01:05:40.000 --> 01:05:47.880]  hip was damaged, and the doctor gave me triple the dose that I should have been on, but I
[01:05:47.880 --> 01:05:48.880]  didn't know any better.
[01:05:48.880 --> 01:05:50.880]  Oh my goodness.
[01:05:50.880 --> 01:05:59.560]  I didn't know anyone on painkillers, and I took what he gave me, and I was called to
[01:05:59.560 --> 01:06:00.560]  go to court.
[01:06:00.560 --> 01:06:06.960]  I made an appointment for... I went to court, and I had a date for a hearing, and then I
[01:06:06.960 --> 01:06:08.840]  forgot all about it, totally.
[01:06:08.840 --> 01:06:14.840]  My memory was shot, and eight or nine years later, I didn't remember that I had ever
[01:06:14.840 --> 01:06:22.760]  had any credit cards, because it was all... Oh, so they got a judgment against me for not
[01:06:22.760 --> 01:06:30.240]  showing up, so I did an order to show cause, and after many, many adjournments, mostly
[01:06:30.240 --> 01:06:41.440]  from the judge, but also from the other side, they reopened the case, so it's open now.
[01:06:41.440 --> 01:06:48.080]  What I want to know is, if they don't have a piece of paper where I signed asking for
[01:06:48.080 --> 01:06:55.960]  the card, don't they have to have that so I know it's my card?
[01:06:55.960 --> 01:07:01.240]  They're telling me they didn't do that anymore in those days.
[01:07:01.240 --> 01:07:04.400]  Telling you they didn't do what?
[01:07:04.400 --> 01:07:08.520]  Where you applied for a card and you signed.
[01:07:08.520 --> 01:07:13.720]  I want proof that it's my card.
[01:07:13.720 --> 01:07:18.040]  I don't want to pay it, I don't want to pay it, of course, but if it's not my card, I
[01:07:18.040 --> 01:07:20.040]  surely don't want to pay it.
[01:07:20.040 --> 01:07:27.920]  Let me understand, did you get the judgment reversed so that you're re-adjudicating the
[01:07:27.920 --> 01:07:28.920]  case?
[01:07:28.920 --> 01:07:31.800]  Yeah, they're re-hearing it.
[01:07:31.800 --> 01:07:41.600]  I have no more judgment, but I have a court date coming up in August, so is it enough
[01:07:41.600 --> 01:07:47.400]  that they don't... I mean, I've asked them for proof that it's mine probably 10 times,
[01:07:47.400 --> 01:07:52.840]  so they don't have it because they didn't do it.
[01:07:52.840 --> 01:08:01.560]  Have you filed a motion with the court denying any debt of any kind and demanding that the
[01:08:01.560 --> 01:08:05.000]  plaintiff prove up all of the claims?
[01:08:05.000 --> 01:08:10.840]  Oh, it might have been verbal.
[01:08:10.840 --> 01:08:14.280]  If it's verbal, it's not before the court, it has to be written.
[01:08:14.280 --> 01:08:21.480]  All right, so I write, and what's it called, this thing I'm writing?
[01:08:21.480 --> 01:08:30.280]  It's a motion, it's a... Well, you want to file a denial of all claims.
[01:08:30.280 --> 01:08:34.160]  Denial of all claims.
[01:08:34.160 --> 01:08:38.440]  We don't know where you're at in the process.
[01:08:38.440 --> 01:08:40.240]  When did they reopen the case?
[01:08:40.240 --> 01:08:46.280]  Starting now, they threw out the default.
[01:08:46.280 --> 01:08:48.480]  Okay.
[01:08:48.480 --> 01:08:53.320]  Have you filed a response to their petition?
[01:08:53.320 --> 01:09:01.560]  In the first place, in 2010, I don't know, I'm going to have to...
[01:09:01.560 --> 01:09:03.760]  You have to know, you can't.
[01:09:03.760 --> 01:09:07.220]  Not much we can do if you don't know it's before the court.
[01:09:07.220 --> 01:09:10.640]  Have you looked at the court record?
[01:09:10.640 --> 01:09:12.840]  All right, I'll find out.
[01:09:12.840 --> 01:09:24.480]  All right, the big thing is, I'm 85 now, I use a walker, I also have bad chronic fatigue.
[01:09:24.480 --> 01:09:26.560]  How much is the claim?
[01:09:26.560 --> 01:09:31.520]  Oh, that 11,000 and change.
[01:09:31.520 --> 01:09:38.840]  And there's another one that might follow it if they win for 24 from the same bank.
[01:09:38.840 --> 01:09:43.240]  But they haven't said anything about that one.
[01:09:43.240 --> 01:09:45.120]  How old is that one?
[01:09:45.120 --> 01:09:48.360]  They're both about 2010.
[01:09:48.360 --> 01:09:56.800]  Okay, if they have one from 2010 that they have not adjudicated, it's too late for them
[01:09:56.800 --> 01:09:59.480]  to try to collect it, they've only got seven years.
[01:09:59.480 --> 01:10:06.960]  On both, but one of them I did because they sent me saying, it's time to pay up.
[01:10:06.960 --> 01:10:12.400]  I got an order to show cause to get rid of it, so it could be retried.
[01:10:12.400 --> 01:10:20.320]  And I haven't heard anything about the judgment on the $24,000 one.
[01:10:20.320 --> 01:10:26.640]  Oh, so they got a judgment on both?
[01:10:26.640 --> 01:10:30.440]  Yeah, cause I never showed up.
[01:10:30.440 --> 01:10:32.560]  Oh, okay.
[01:10:32.560 --> 01:10:39.640]  So one of them they're pursuing and the other one, I don't know if they're waiting to,
[01:10:39.640 --> 01:10:43.960]  I don't know what happened to the $24,000.
[01:10:43.960 --> 01:10:50.760]  We don't have near enough information to be able to understand what your position is.
[01:10:50.760 --> 01:10:58.240]  We need to know what pleadings, motions and pleadings have been filed before the court
[01:10:58.240 --> 01:10:59.240]  and when.
[01:10:59.240 --> 01:11:02.680]  When the default was removed.
[01:11:02.680 --> 01:11:11.360]  I know I got an order to show cause finally accepted after going to court like 10 times.
[01:11:11.360 --> 01:11:17.400]  I got that, so it's on the $11,000 one.
[01:11:17.400 --> 01:11:25.120]  And they want to know what my income is cause I own a house, but my income now is down to
[01:11:25.120 --> 01:11:28.840]  $179 a month cause I have no tenants.
[01:11:28.840 --> 01:11:34.360]  I had tenants before, so I had income, but now I have none.
[01:11:34.360 --> 01:11:42.480]  I will get some, but I don't, if I lose, I don't want them to take the house or my car.
[01:11:42.480 --> 01:11:49.400]  I'm not sure, is the house homesteaded?
[01:11:49.400 --> 01:11:52.720]  Can you do that in New York?
[01:11:52.720 --> 01:11:57.360]  Have no idea, but I do have an apartment also.
[01:11:57.360 --> 01:12:02.520]  So I really did buy it so I could rent rooms and make, and have an income.
[01:12:02.520 --> 01:12:03.520]  Okay.
[01:12:03.520 --> 01:12:05.720]  Does the apartment produce income?
[01:12:05.720 --> 01:12:08.360]  No, not a dime.
[01:12:08.360 --> 01:12:10.040]  I have a roommate and we chip in.
[01:12:10.040 --> 01:12:15.760]  Okay, they, they may be able to get a lien against the apartment.
[01:12:15.760 --> 01:12:23.080]  $11,000 or $24,000 won't be enough to force a sale of the property, but they can get a
[01:12:23.080 --> 01:12:28.440]  lien on it in case the property ever sells and they can collect on the lien.
[01:12:28.440 --> 01:12:36.680]  But you can fight this, but I don't have anywhere near enough information from you at this point
[01:12:36.680 --> 01:12:42.120]  to be able to speak to any issues concerning what's going on because we really don't know
[01:12:42.120 --> 01:12:43.120]  what's going on.
[01:12:43.120 --> 01:12:47.080]  Randy, I don't own the apartment.
[01:12:47.080 --> 01:12:49.440]  Wait, say that again.
[01:12:49.440 --> 01:12:52.160]  I'm a renter.
[01:12:52.160 --> 01:12:54.680]  I own the house.
[01:12:54.680 --> 01:12:55.680]  I'm misunderstanding.
[01:12:55.680 --> 01:12:58.200]  I thought you said you owned an apartment.
[01:12:58.200 --> 01:13:04.160]  No, I live, I have an apartment I live in, I own the house, which I bought so I could
[01:13:04.160 --> 01:13:06.760]  rent rooms and have some income.
[01:13:06.760 --> 01:13:10.520]  Okay, so is the house rented?
[01:13:10.520 --> 01:13:11.520]  Right now, no.
[01:13:11.520 --> 01:13:17.480]  What I was going to do is I used to rent rooms, but right now it's not rented.
[01:13:17.480 --> 01:13:23.280]  I have to get things fixed up before I could rent it again.
[01:13:23.280 --> 01:13:32.100]  Well, they can definitely get a lien against the rental property, the house.
[01:13:32.100 --> 01:13:34.920]  It's different here in Texas.
[01:13:34.920 --> 01:13:41.520]  The house you're living in, if you've homesteaded it, it can't be touched.
[01:13:41.520 --> 01:13:48.080]  But New York is not necessarily the same, and I'm not intimately familiar with New
[01:13:48.080 --> 01:13:49.080]  York.
[01:13:49.080 --> 01:13:51.080]  Hang on just a second.
[01:13:51.080 --> 01:13:54.000]  John, talk to me.
[01:13:54.000 --> 01:13:56.240]  Yup, I'm here.
[01:13:56.240 --> 01:14:04.080]  Tell me about property law in New York concerning liens against property.
[01:14:04.080 --> 01:14:12.080]  Oh boy, I really don't know what to say about that.
[01:14:12.080 --> 01:14:17.200]  Well, I'll get more information and call back in a few weeks because I have time before
[01:14:17.200 --> 01:14:18.200]  the hearing.
[01:14:18.200 --> 01:14:26.320]  If you will email me the documents in your case, then call back, we can speak to it more
[01:14:26.320 --> 01:14:27.320]  intelligently.
[01:14:27.320 --> 01:14:28.320]  Okay.
[01:14:28.320 --> 01:14:41.960]  Now, the real reason I called, the main reason is Adult Protective Service has me in their
[01:14:41.960 --> 01:14:42.960]  clutches.
[01:14:42.960 --> 01:14:46.680]  Are you familiar with New York?
[01:14:46.680 --> 01:14:51.520]  John, are you familiar with Adult Protective Services in New York?
[01:14:51.520 --> 01:14:56.600]  I'm talking to John in New York, so he's in the same state.
[01:14:56.600 --> 01:14:57.600]  In their clutches?
[01:14:57.600 --> 01:15:01.680]  You mean like they're trying to take control of you?
[01:15:01.680 --> 01:15:10.880]  Well, they want to do a heavy duty cleaning in the house that I was renting rooms in,
[01:15:10.880 --> 01:15:16.200]  that I stay in because I have to fix it up, and in the apartment.
[01:15:16.200 --> 01:15:23.000]  And one of the questions is, I have a roommate in the apartment, he has his own room.
[01:15:23.000 --> 01:15:25.240]  Do they have a right to go in his room?
[01:15:25.240 --> 01:15:27.840]  Because I don't go in that room.
[01:15:27.840 --> 01:15:32.200]  No, they can't go in his room.
[01:15:32.200 --> 01:15:33.680]  Okay.
[01:15:33.680 --> 01:15:42.000]  Just rooms that we have in common, like the kitchen and the foyer, okay.
[01:15:42.000 --> 01:15:44.280]  That goes to Constitution.
[01:15:44.280 --> 01:15:52.360]  We just had a ruling from the Supreme that says, public officials can't enter your property
[01:15:52.360 --> 01:15:54.440]  without your permission or a warrant.
[01:15:54.440 --> 01:15:58.240]  I just cracked down on them, seriously.
[01:15:58.240 --> 01:15:59.240]  They'll get a warrant.
[01:15:59.240 --> 01:16:03.160]  That's how they got into my house in the first place.
[01:16:03.160 --> 01:16:12.760]  I had three cops, a locksmith, Adult Protective Service worker, someone who was asking me
[01:16:12.760 --> 01:16:13.760]  what month.
[01:16:13.760 --> 01:16:20.520]  I said, tomorrow's my birthday, and she asked me what month it was now.
[01:16:20.520 --> 01:16:28.080]  I was in the middle of cleaning and all my dirty clothes, and they took me by surprise.
[01:16:28.080 --> 01:16:33.280]  My feelings were hurt that they would ask me if I knew what month, so I guess I was
[01:16:33.280 --> 01:16:34.280]  stupid.
[01:16:34.280 --> 01:16:41.080]  I said, I don't know, and I gave them the wrong month because I was so upset, so I cast
[01:16:41.080 --> 01:16:42.080]  them.
[01:16:42.080 --> 01:16:50.000]  You can correct that by just hiring a psychiatrist to do a simple psych eval.
[01:16:50.000 --> 01:16:53.720]  I had one done on me recently, and it cost about 300 bucks.
[01:16:53.720 --> 01:16:54.720]  Ouch.
[01:16:54.720 --> 01:17:00.000]  Hang on, Randy Kelton, Brett Fountain, and we'll be right back.
[01:17:00.000 --> 01:17:04.720]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:04.720 --> 01:17:08.800]  Stop debt collectors now with the Michael Maris proven method.
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[01:17:18.920 --> 01:17:24.720]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
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[01:17:46.320 --> 01:17:49.320]  or email michaelmaris at yahoo.com.
[01:17:49.320 --> 01:17:58.320]  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
[01:17:58.320 --> 01:18:00.040]  collectors now.
[01:18:00.040 --> 01:18:01.040]  I love logos.
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[01:18:13.200 --> 01:18:16.600]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really
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[01:18:58.760 --> 01:19:13.640]  This is the Logos Radio Network.
[01:19:28.760 --> 01:19:48.240]  Okay, howdy, howdy, Randy Kelton, we're at the Fountain Wheel of Law Radio on this seventh
[01:19:48.240 --> 01:19:56.880]  day of July, 2023, and we're talking to Ann in New York.
[01:19:56.880 --> 01:19:58.160]  Right.
[01:19:58.160 --> 01:20:05.520]  Next question, they did a heavy duty cleaning of the driveway.
[01:20:05.520 --> 01:20:13.680]  My roommate did have a lot of junk in the driveway, but he also had two gas lawn mowers,
[01:20:13.680 --> 01:20:21.440]  two motor scooters, and some other very expensive things, and they came and just took them and
[01:20:21.440 --> 01:20:23.200]  threw them in the trash.
[01:20:23.200 --> 01:20:32.320]  They had a big truck come with three, four workers, and they loaded everything up, and
[01:20:32.320 --> 01:20:34.360]  he wasn't served.
[01:20:34.360 --> 01:20:36.080]  Maybe he didn't need to be.
[01:20:36.080 --> 01:20:42.960]  It was his stuff, but neither one of us could believe they would throw out motor scooters
[01:20:42.960 --> 01:20:46.160]  and gas lawn mowers.
[01:20:46.160 --> 01:20:53.000]  Now I get a ticket because I can't cut the grass by the curb except with a pair of scissors,
[01:20:53.000 --> 01:20:58.960]  and that takes like three hours instead of five minutes.
[01:20:58.960 --> 01:21:06.040]  And they just took it, and they're supposed to be my temporary legal guardians, the ones
[01:21:06.040 --> 01:21:09.800]  that did it, the judges, the cleaners.
[01:21:09.800 --> 01:21:13.400]  How did they get appointed temporary legal guardians?
[01:21:13.400 --> 01:21:22.840]  Okay, APS came to my house because somebody called up and said I needed their services,
[01:21:22.840 --> 01:21:27.240]  and it's an anonymous person.
[01:21:27.240 --> 01:21:32.800]  I'm not allowed to know who did it.
[01:21:32.800 --> 01:21:38.800]  So they came to my house, and they decided I've had three hearings so far and not had
[01:21:38.800 --> 01:21:42.160]  a chance to refuse anything.
[01:21:42.160 --> 01:21:54.560]  I have a free lawyer who is worth what I pay him pretty much.
[01:21:54.560 --> 01:21:59.320]  He saw them take away the gas lawn mowers and didn't say boo.
[01:21:59.320 --> 01:22:09.160]  I mean, he's very nice in some ways, but I can't believe they just took them, and the
[01:22:09.160 --> 01:22:13.920]  guardian and I were—it wasn't too smart of me.
[01:22:13.920 --> 01:22:17.240]  I didn't know she had all this power, but we were squabbling.
[01:22:17.240 --> 01:22:23.400]  We ended up fighting over some garbage can covers where she was going to throw them out.
[01:22:23.400 --> 01:22:27.160]  You know, I mean, I think I'm supposed to keep them.
[01:22:27.160 --> 01:22:36.040]  So I had HPD, Housing Preservation Development, had come and inspected.
[01:22:36.040 --> 01:22:41.760]  Eventually somebody made a complaint, a tenant, who never told me anything.
[01:22:41.760 --> 01:22:46.200]  I don't remember him, but it doesn't mean he didn't live here.
[01:22:46.200 --> 01:22:51.960]  His name was on a complaint form saying something.
[01:22:51.960 --> 01:22:58.120]  It was two years later that they said there was an emergency situation here.
[01:22:58.120 --> 01:22:59.120]  Two years.
[01:22:59.120 --> 01:23:00.920]  I don't know how that could be.
[01:23:00.920 --> 01:23:04.080]  Some emergency.
[01:23:04.080 --> 01:23:10.520]  I couldn't believe it, and so they—my temporary guardian, who was appointed by the
[01:23:10.520 --> 01:23:17.720]  judge, you know, they hired a crew, and they came and they took everything away.
[01:23:17.720 --> 01:23:22.120]  Were they supposed to do it without informing the person?
[01:23:22.120 --> 01:23:25.520]  I told them, well, it was verbal.
[01:23:25.520 --> 01:23:27.080]  It wasn't my stuff.
[01:23:27.080 --> 01:23:33.680]  Shouldn't they inform the person who owned it, and can we sue?
[01:23:33.680 --> 01:23:34.680]  Can he sue?
[01:23:34.680 --> 01:23:37.800]  Yes, he definitely can.
[01:23:37.800 --> 01:23:41.400]  And we sue the agency and the person, or?
[01:23:41.400 --> 01:23:47.320]  Okay, whether he can win the suit or not depends on local city ordinances.
[01:23:47.320 --> 01:23:51.720]  John, you're in New York.
[01:23:51.720 --> 01:23:52.720]  Yep.
[01:23:52.720 --> 01:23:54.640]  And you're getting old.
[01:23:54.640 --> 01:23:55.640]  You're getting up there.
[01:23:55.640 --> 01:23:58.600]  They're going to start coming after you next.
[01:23:58.600 --> 01:24:04.840]  Do you know the law relative to this issue?
[01:24:04.840 --> 01:24:12.360]  Well, not as well as I should, but I do know that Child Protective Services in New York
[01:24:12.360 --> 01:24:18.160]  State is about as corrupt—the last I knew, they were as corrupt as they come.
[01:24:18.160 --> 01:24:25.560]  And Adult Protective Services did not show a shining badge either, or, you know, shining
[01:24:25.560 --> 01:24:26.840]  armor.
[01:24:26.840 --> 01:24:29.760]  I don't think much of them, either.
[01:24:29.760 --> 01:24:30.760]  Yeah.
[01:24:30.760 --> 01:24:35.600]  Well, the crime I committed is that this is the second time.
[01:24:35.600 --> 01:24:41.840]  The judge keeps mentioning this is the second time, like I'm a bank robber or I beat my
[01:24:41.840 --> 01:24:42.840]  wife.
[01:24:42.840 --> 01:24:49.800]  So it's unfortunate my house was a mess, because I was basically in bed for six years
[01:24:49.800 --> 01:24:51.520]  with the chronic fatigue.
[01:24:51.520 --> 01:24:57.600]  I think I've discovered—I think I've discovered the source of the physical problem
[01:24:57.600 --> 01:25:04.560]  is that I have an infection in my mouth, and finally I went to NYU Dental, and they ordered
[01:25:04.560 --> 01:25:11.160]  a CAT scan of my mouth, which I'll be getting in the next month.
[01:25:11.160 --> 01:25:12.160]  It takes forever.
[01:25:12.160 --> 01:25:18.040]  Well, I can tell you this, I can tell you this, chronic fatigue syndrome, if you go
[01:25:18.040 --> 01:25:21.640]  to the right doctor, you won't have it very long.
[01:25:21.640 --> 01:25:26.040]  Chronic fatigue syndrome is very doable, and so anyway—
[01:25:26.040 --> 01:25:29.040]  Well, if it's from an infection—
[01:25:29.040 --> 01:25:30.040]  In your mouth, yeah.
[01:25:30.040 --> 01:25:33.040]  —then until you get rid of—
[01:25:33.040 --> 01:25:37.520]  Yeah, it's entirely possible, yeah.
[01:25:37.520 --> 01:25:40.600]  What's entirely possible?
[01:25:40.600 --> 01:25:42.640]  Everything is due to the infection in your mouth.
[01:25:42.640 --> 01:25:45.440]  That is part of the things I know pretty well.
[01:25:45.440 --> 01:25:49.080]  I know medical stuff a lot better than I do legal.
[01:25:49.080 --> 01:25:50.080]  Okay.
[01:25:50.080 --> 01:25:57.880]  I know some medical stuff, because I'm so tired, but the painkillers I'm able to
[01:25:57.880 --> 01:26:09.840]  clean up, you know, I don't feel the fatigue as much, but they're coming to do—what's
[01:26:09.840 --> 01:26:16.360]  the standard of what—if they're coming to do a heavy-duty cleaning.
[01:26:16.360 --> 01:26:21.880]  I have thousands of books on shelves in the apartment.
[01:26:21.880 --> 01:26:24.200]  The lawyer doesn't think I need books.
[01:26:24.200 --> 01:26:26.520]  He thinks I should go to the library.
[01:26:26.520 --> 01:26:28.640]  I'm very attached to them.
[01:26:28.640 --> 01:26:35.680]  The shelves are against the wall, up to the ceiling, and it's like 20 feet long of books.
[01:26:35.680 --> 01:26:38.960]  There's no reason that they should touch them.
[01:26:38.960 --> 01:26:42.000]  The books are not trash.
[01:26:42.000 --> 01:26:44.840]  Remind them that books are not trash.
[01:26:44.840 --> 01:26:46.760]  They might think so, but they're not.
[01:26:46.760 --> 01:26:49.680]  Yeah, but what do I do to stop them?
[01:26:49.680 --> 01:26:56.640]  Is Brandy just trying to go to jail?
[01:26:56.640 --> 01:26:57.640]  What would she do for that?
[01:26:57.640 --> 01:26:59.480]  That's her personal property.
[01:26:59.480 --> 01:27:00.480]  And books are not—
[01:27:00.480 --> 01:27:03.480]  What do you think, Brandy?
[01:27:03.480 --> 01:27:06.520]  Does injunctive relief seem appropriate there?
[01:27:06.520 --> 01:27:18.080]  Yes, but I don't see Anne as having the ability to file the kind of documentation that she
[01:27:18.080 --> 01:27:19.080]  needs.
[01:27:19.080 --> 01:27:22.080]  With processing, I could try.
[01:27:22.080 --> 01:27:25.240]  I certainly want to do it.
[01:27:25.240 --> 01:27:35.040]  I know I'm not that sharp, but if I'm told what to do, I'm more than happy to do it.
[01:27:35.040 --> 01:27:38.480]  You don't know how much I want to do it.
[01:27:38.480 --> 01:27:48.640]  Can you send me an email with a written explanation of what's going on, and I'll call down there
[01:27:48.640 --> 01:27:58.600]  from the radio station and tell them that I'm doing a story on this, and I'll get their
[01:27:58.600 --> 01:28:03.600]  position on it, and I'll be able to tell you more about what you can do.
[01:28:03.600 --> 01:28:06.480]  Wow, wow.
[01:28:06.480 --> 01:28:09.840]  What about the stuff in the driveway that you took?
[01:28:09.840 --> 01:28:15.400]  It was Scott's stuff, the one who must have been sleeping when you called before.
[01:28:15.400 --> 01:28:20.480]  Wait a minute, I didn't understand that.
[01:28:20.480 --> 01:28:22.600]  What about the stuff in the driveway?
[01:28:22.600 --> 01:28:24.960]  The stuff that was hers, it was Scott's?
[01:28:24.960 --> 01:28:29.360]  They did a clean out of the driveway, and they took gas lawnmowers.
[01:28:29.360 --> 01:28:35.240]  Those things sell for like $400, $500, and they just took them to throw them.
[01:28:35.240 --> 01:28:36.580]  You should file a claim.
[01:28:36.580 --> 01:28:39.680]  You can file a claim for those.
[01:28:39.680 --> 01:28:50.440]  I'm wondering if there are some city ordinances, John, do you know of any county or city ordinances
[01:28:50.440 --> 01:28:55.660]  that tend to limit what you can store in your yard?
[01:28:55.660 --> 01:29:01.600]  I spoke to a lawyer, and he said, you're not allowed to have anything, not even a car
[01:29:01.600 --> 01:29:03.280]  in the driveway.
[01:29:03.280 --> 01:29:11.160]  So I drove around, and I see half the people have cars in their driveway, basketball hoops,
[01:29:11.160 --> 01:29:22.280]  garbage cans, but this lawyer who's pretty competent generally, and he's about 70, and
[01:29:22.280 --> 01:29:26.480]  he said, we're not technically allowed to have anything.
[01:29:26.480 --> 01:29:37.040]  But that doesn't give them the right to confiscate it, and then liquidate it.
[01:29:37.040 --> 01:29:41.600]  So you can certainly file a claim against the city for what they've taken.
[01:29:41.600 --> 01:29:46.840]  It's not a lawsuit, it's a claim, is it different?
[01:29:46.840 --> 01:29:49.840]  Well, your lawsuit would be the claim.
[01:29:49.840 --> 01:29:50.840]  Okay.
[01:29:50.840 --> 01:29:53.520]  Is it Small Claims Court, or?
[01:29:53.520 --> 01:29:56.120]  Yes, this would be in Small Claims.
[01:29:56.120 --> 01:29:57.120]  Okay.
[01:29:57.120 --> 01:30:00.760]  Hang on, hang on, we'll be right back.
[01:30:00.760 --> 01:30:04.600]  A top cybersecurity expert has a warning for America.
[01:30:04.600 --> 01:30:09.440]  If you build an electrical smart grid, the hackers will come, and they could cause a
[01:30:09.440 --> 01:30:10.920]  catastrophic blackout.
[01:30:10.920 --> 01:30:15.720]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.720 --> 01:30:17.840]  Privacy is under attack.
[01:30:17.840 --> 01:30:21.440]  When you give up data about yourself, you'll never get it back again.
[01:30:21.440 --> 01:30:26.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.440 --> 01:30:31.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.680 --> 01:30:34.200]  Privacy, it's worth hanging on to.
[01:30:34.200 --> 01:30:39.840]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:39.840 --> 01:30:41.540]  Yahoo, and Bing.
[01:30:41.540 --> 01:30:45.680]  Start over with StartPage.
[01:30:45.680 --> 01:30:49.800]  Hackers love power, so it's only natural they'd want to control the power going into your
[01:30:49.800 --> 01:30:52.200]  home too with a smart grid.
[01:30:52.200 --> 01:30:56.360]  So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.360 --> 01:30:59.520]  use for efficiency and avoid grid failure.
[01:30:59.520 --> 01:31:03.000]  But cybersecurity expert David Chalk says not so fast.
[01:31:03.000 --> 01:31:07.520]  If we make the national power grid controllable through the web, hackers will have a field
[01:31:07.520 --> 01:31:08.520]  day.
[01:31:08.520 --> 01:31:13.280]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable
[01:31:13.280 --> 01:31:14.920]  to our enemies.
[01:31:14.920 --> 01:31:18.760]  I've long opposed smart meters for privacy and health reasons.
[01:31:18.760 --> 01:31:23.280]  The catastrophic failures caused by hackers, there's nothing smart about that.
[01:31:23.280 --> 01:31:31.280]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.280 --> 01:31:36.640]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.640 --> 01:31:38.800]  The government says that fire brought it down.
[01:31:38.800 --> 01:31:43.720]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.720 --> 01:31:46.360]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.360 --> 01:31:49.160]  But thousands of my fellow first responders are dying.
[01:31:49.160 --> 01:31:50.520]  I'm not a conspiracy theorist.
[01:31:50.520 --> 01:31:51.520]  I'm a structural engineer.
[01:31:51.520 --> 01:31:53.000]  I'm a New York City correction officer.
[01:31:53.000 --> 01:31:54.000]  I'm an Air Force pilot.
[01:31:54.000 --> 01:31:55.640]  I'm a father who lost his son.
[01:31:55.640 --> 01:31:58.240]  We're Americans, and we deserve the truth.
[01:31:58.240 --> 01:32:02.920]  Go to RememberBuilding7.org today.
[01:32:02.920 --> 01:32:05.680]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.680 --> 01:32:08.080]  In today's America, we live in an us-against-them society.
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[01:32:11.400 --> 01:32:13.400]  stand and defend our own rights.
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[01:33:00.440 --> 01:33:12.080]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.080 --> 01:33:33.240]  Okay, we are back, Amanda Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ann
[01:33:33.240 --> 01:33:37.280]  in New York, and Ann, I don't have enough information.
[01:33:37.280 --> 01:33:45.920]  Do you know what OS is in CMC, is it Office of the State Controller, you think, or?
[01:33:45.920 --> 01:33:48.640]  Wait, I'm having trouble understanding her.
[01:33:48.640 --> 01:33:51.640]  Could you understand her, Brett?
[01:33:51.640 --> 01:33:54.520]  She was wondering if you're familiar with OSC.
[01:33:54.520 --> 01:34:02.120]  I think it might be, I looked it up, it might be Office of the State Controller.
[01:34:02.120 --> 01:34:07.840]  We're having a hearing to appoint a guardian with a TRO.
[01:34:07.840 --> 01:34:10.240]  Okay, temporary restraining order.
[01:34:10.240 --> 01:34:19.880]  I'm going to suggest, it sounds like they are considering you to be incompetent.
[01:34:19.880 --> 01:34:21.840]  Yes, they are.
[01:34:21.840 --> 01:34:32.000]  Okay, so I would suggest you get a psychiatrist to do a psych eval, just do a competency evaluation.
[01:34:32.000 --> 01:34:39.800]  They did that to me recently, I'm 74, and the guy charged 300 bucks to do it, it took
[01:34:39.800 --> 01:34:42.040]  about five minutes.
[01:34:42.040 --> 01:34:49.560]  Okay, I need the Medicare to cover it.
[01:34:49.560 --> 01:34:53.880]  Medicare did not cover it in my, but don't worry about it, just go down there and get
[01:34:53.880 --> 01:34:58.680]  it and the doctor will bill you three times, and when you don't pay it, then he'll charge
[01:34:58.680 --> 01:35:02.800]  it, there's something else that pays it for him.
[01:35:02.800 --> 01:35:07.960]  But tell him how to do it.
[01:35:07.960 --> 01:35:17.720]  Okay, medical, John, how does she get a medical, a psych eval, or a competency evaluation?
[01:35:17.720 --> 01:35:18.720]  Done.
[01:35:18.720 --> 01:35:28.400]  I don't pay, no one pays because I'm poor, but we have Medicare, Medicaid, yeah, I have
[01:35:28.400 --> 01:35:36.240]  some, yeah, I do, QMB, so I don't pay co-pays at all.
[01:35:36.240 --> 01:35:40.080]  Your QMB, QMB, QMB?
[01:35:40.080 --> 01:35:42.080]  I don't know, I just know.
[01:35:42.080 --> 01:35:47.440]  I don't pay co-pay, yeah, Q is in Queen, Mary.
[01:35:47.440 --> 01:35:55.400]  All right, if you've got QMB, if you've got QMB, I'm not sure for certain, but QMB is
[01:35:55.400 --> 01:36:00.480]  pretty inclusive, and QMB pays for an awful lot.
[01:36:00.480 --> 01:36:08.800]  All right, because this is not, I've had a brain scam, because I was claiming about
[01:36:08.800 --> 01:36:14.640]  my memory on the credit cards, but I'm sure it was the drugs that made me forget everything
[01:36:14.640 --> 01:36:15.640]  10 years ago.
[01:36:15.640 --> 01:36:20.320]  Oh, the drugs, oh yeah, you know it, and they won't admit it.
[01:36:20.320 --> 01:36:23.040]  Yeah, well, they don't have to.
[01:36:23.040 --> 01:36:29.840]  Meanwhile, when they, it was a drug from 1996 that they offered me, luckily I didn't take
[01:36:29.840 --> 01:36:35.480]  it, 70,000 people died from that Vioxx, I think it was.
[01:36:35.480 --> 01:36:41.120]  Oh, Vioxx, oh yeah, that was, and they went ahead and they released it to the public anyway,
[01:36:41.120 --> 01:36:43.160]  knowing Colwell would have killed them.
[01:36:43.160 --> 01:36:46.000]  And nobody went to jail, that I heard of, 70,000 people.
[01:36:46.000 --> 01:36:49.600]  Yeah, well, they didn't go to jail for COVID either.
[01:36:49.600 --> 01:36:56.360]  Oh, is it definite that the vaccine is killing the people, or what?
[01:36:56.360 --> 01:37:00.160]  Oh, well, I knew that three years ago.
[01:37:00.160 --> 01:37:01.680]  I didn't take the shots.
[01:37:01.680 --> 01:37:05.880]  I did, you eat a lot of fruit and vegetables.
[01:37:05.880 --> 01:37:10.080]  Yeah, anybody who makes a fake ghost shot, don't you dare.
[01:37:10.080 --> 01:37:13.440]  Yeah, but- You can trust me on that.
[01:37:13.440 --> 01:37:18.680]  No, I wouldn't, my sister said she'd leave the state if they tried to make her do it.
[01:37:18.680 --> 01:37:26.400]  You know, whatever it took, I spent over 8,000 hours on my job, well, my job.
[01:37:26.400 --> 01:37:33.440]  I spent over 8,000 hours researching COVID alone, the shots and everything.
[01:37:33.440 --> 01:37:36.440]  And the whole thing was such a mess, it isn't funny.
[01:37:36.440 --> 01:37:40.720]  People not only should go to jail for that, but they probably should be in the electric
[01:37:40.720 --> 01:37:41.880]  chair.
[01:37:41.880 --> 01:37:46.120]  But that's beside the point, anyhow, let's get you all situated here.
[01:37:46.120 --> 01:37:48.920]  You've got a complex situation.
[01:37:48.920 --> 01:37:54.680]  Well, they're supposed to come Thursday to my house to clean it out, and Friday to
[01:37:54.680 --> 01:38:00.720]  the apartment, see a way I can get an order to show cause to put a temporary stop on this,
[01:38:00.720 --> 01:38:03.600]  because they'll just take stuff, I'll never see it again.
[01:38:03.600 --> 01:38:07.800]  I'm putting a lot of stuff in storage to get it out of the way, but I don't know
[01:38:07.800 --> 01:38:09.680]  if I could do it all.
[01:38:09.680 --> 01:38:19.280]  Randy, in New York state, a single family dwelling, they have no right to force an inspection
[01:38:19.280 --> 01:38:20.800]  on a single family dwelling.
[01:38:20.800 --> 01:38:22.280]  Well, I have a roommate.
[01:38:22.280 --> 01:38:24.560]  Is this house considered a single family?
[01:38:24.560 --> 01:38:26.240]  No, it's not, is it?
[01:38:26.240 --> 01:38:30.280]  It's legally a single family, but I used to rent rooms upstairs.
[01:38:30.280 --> 01:38:34.200]  Now I just have Scott, cause he, you know, fixes things.
[01:38:34.200 --> 01:38:36.360]  He's a plumber, a carpenter.
[01:38:36.360 --> 01:38:43.760]  If that house is a single family house and it's still listed on the book as a single
[01:38:43.760 --> 01:38:50.320]  family house, I'm going to take a stretch and stick my neck out and say, they have no
[01:38:50.320 --> 01:38:54.440]  right to walk in and force an inspection.
[01:38:54.440 --> 01:38:59.860]  All the noble reasons on the face of the planet, I know people who went through this.
[01:38:59.860 --> 01:39:05.560]  And I also know that if it's a single family house and it's been designated and hasn't
[01:39:05.560 --> 01:39:08.960]  been changed, they have no business in that house.
[01:39:08.960 --> 01:39:10.280]  So how do I look it up?
[01:39:10.280 --> 01:39:11.480]  You may be able to sue them.
[01:39:11.480 --> 01:39:19.880]  You may be able to sue them for a breach of the fourth amendment.
[01:39:19.880 --> 01:39:20.880]  Okay.
[01:39:20.880 --> 01:39:23.360]  You may be able to sue them for a breach of the fourth amendment.
[01:39:23.360 --> 01:39:24.360]  I've seen this before.
[01:39:24.360 --> 01:39:25.360]  Okay.
[01:39:25.360 --> 01:39:27.880]  Now this I've got experience with.
[01:39:27.880 --> 01:39:35.480]  So I sue, but how do I stop them from, you know, I, I mean, the house needed cleaning
[01:39:35.480 --> 01:39:36.480]  up.
[01:39:36.480 --> 01:39:41.480]  You know, that's the benefit I got even though I had to do the cleaning, but it really needed
[01:39:41.480 --> 01:39:42.480]  it.
[01:39:42.480 --> 01:39:47.640]  So, but I mean, what, what, what do they consider unsafe?
[01:39:47.640 --> 01:39:50.560]  So they, it's supposedly for my safety.
[01:39:50.560 --> 01:39:56.120]  So yeah, I've seen this before, very noble cause.
[01:39:56.120 --> 01:39:58.740]  And then they violate your fourth amendment, right?
[01:39:58.740 --> 01:40:03.760]  And they come in on a single family dwelling when they can't, and they have no legal ability
[01:40:03.760 --> 01:40:04.760]  to do so.
[01:40:04.760 --> 01:40:05.760]  And they do it anyway.
[01:40:05.760 --> 01:40:06.760]  And they do it anyway.
[01:40:06.760 --> 01:40:07.760]  That's right.
[01:40:07.760 --> 01:40:11.960]  And they do it anyway because it's a noble cause.
[01:40:11.960 --> 01:40:12.960]  Let me make a suggestion.
[01:40:12.960 --> 01:40:18.320]  But I need to know what to do to stop them if I can.
[01:40:18.320 --> 01:40:21.160]  And the same with the apartment.
[01:40:21.160 --> 01:40:24.560]  How about an injunction?
[01:40:24.560 --> 01:40:28.600]  Get an injunction in some way, shape or form.
[01:40:28.600 --> 01:40:31.280]  Hold on, hold on, hold on.
[01:40:31.280 --> 01:40:34.920]  First thing, do an inventory of everything in the apartment.
[01:40:34.920 --> 01:40:35.920]  Oh God.
[01:40:35.920 --> 01:40:39.680]  It's a lot of stuff.
[01:40:39.680 --> 01:40:44.080]  And when they get there, here's an inventory of all my possessions.
[01:40:44.080 --> 01:40:47.720]  If you want to clean the house, the apartment, fine.
[01:40:47.720 --> 01:40:52.200]  But all these possessions need to be here when you leave.
[01:40:52.200 --> 01:40:55.080]  Anything that's not here, I'll consider it theft.
[01:40:55.080 --> 01:41:01.920]  And that you set them up so that they can't just arbitrarily or capriciously decide to
[01:41:01.920 --> 01:41:03.920]  throw things out.
[01:41:03.920 --> 01:41:10.360]  Okay, I got a feeling they really weren't throwing things out of the driveway.
[01:41:10.360 --> 01:41:14.880]  I got a feeling they ended up in somebody's backyard or somebody's basement.
[01:41:14.880 --> 01:41:22.000]  I'd rather that somebody have used, I mean, two good motor scooters and lawn mowers and
[01:41:22.000 --> 01:41:24.160]  some other stuff.
[01:41:24.160 --> 01:41:26.240]  It's criminal to waste stuff.
[01:41:26.240 --> 01:41:29.560]  But also, it belonged to Scott and he shouldn't drive it.
[01:41:29.560 --> 01:41:30.560]  Okay, hold on.
[01:41:30.560 --> 01:41:31.560]  Let's stay on point.
[01:41:31.560 --> 01:41:35.840]  You're trying to figure out how to keep them from doing the same thing to your house.
[01:41:35.840 --> 01:41:39.640]  Yeah, and my apartment.
[01:41:39.640 --> 01:41:46.880]  Are you able to petition a local court for a restraining order?
[01:41:46.880 --> 01:41:50.680]  I don't know how, but if you tell me, I'll do it.
[01:41:50.680 --> 01:41:54.600]  The problem is, is we have so much, the time is so short.
[01:41:54.600 --> 01:41:56.720]  I know.
[01:41:56.720 --> 01:42:02.000]  So the first thing you do is get an inventory and get a copy made of it.
[01:42:02.000 --> 01:42:04.240]  And when they come, give them the inventory.
[01:42:04.240 --> 01:42:05.800]  This is the inventory of my apartment.
[01:42:05.800 --> 01:42:11.200]  If you want to clean it, fine, but I expect everything to still be here.
[01:42:11.200 --> 01:42:13.160]  The worker doesn't care.
[01:42:13.160 --> 01:42:16.480]  I think that she doesn't have much money to-
[01:42:16.480 --> 01:42:17.480]  No, no, no, no, no, no.
[01:42:17.480 --> 01:42:19.360]  It doesn't work that way.
[01:42:19.360 --> 01:42:22.560]  You don't care what the worker cares.
[01:42:22.560 --> 01:42:29.040]  When you give them that inventory, anything that's not here when you leave, you've stolen
[01:42:29.040 --> 01:42:30.040]  it.
[01:42:30.040 --> 01:42:32.360]  I'll call the police and have you arrested.
[01:42:32.360 --> 01:42:36.160]  And since you have the inventory, you'll have the grounds to do that.
[01:42:36.160 --> 01:42:43.320]  We don't care if she's the government employee or not.
[01:42:43.320 --> 01:42:47.680]  This will put a cog in the works.
[01:42:47.680 --> 01:42:49.440]  Doesn't matter what they are.
[01:42:49.440 --> 01:42:50.440]  Okay.
[01:42:50.440 --> 01:42:51.440]  It makes no difference.
[01:42:51.440 --> 01:42:56.160]  I called the police last time and they did nothing.
[01:42:56.160 --> 01:42:57.800]  Okay.
[01:42:57.800 --> 01:43:01.640]  We have tools for that.
[01:43:01.640 --> 01:43:05.000]  All you're doing is setting the record.
[01:43:05.000 --> 01:43:11.520]  If these people come and clean your apartment and you can show that anything's not there,
[01:43:11.520 --> 01:43:17.440]  that they've decided something needs to throw it out, you give them an inventory and that
[01:43:17.440 --> 01:43:20.360]  will cause them to take a giant step backwards.
[01:43:20.360 --> 01:43:22.520]  And that's something you can do quickly.
[01:43:22.520 --> 01:43:26.720]  Well, I have hundreds of books that have to write down the name of each book.
[01:43:26.720 --> 01:43:27.720]  Okay.
[01:43:27.720 --> 01:43:28.720]  Can I take a picture?
[01:43:28.720 --> 01:43:29.720]  Take a picture.
[01:43:29.720 --> 01:43:30.720]  Yeah.
[01:43:30.720 --> 01:43:31.720]  You take pictures of everything.
[01:43:31.720 --> 01:43:32.720]  That I can do.
[01:43:32.720 --> 01:43:33.720]  Yeah.
[01:43:33.720 --> 01:43:40.880]  And then when they leave, you go take new pictures and if all of those things aren't
[01:43:40.880 --> 01:43:45.240]  there, then you call the police and report theft.
[01:43:45.240 --> 01:43:48.880]  Now you've got their attention.
[01:43:48.880 --> 01:43:49.880]  Hang on.
[01:43:49.880 --> 01:43:54.240]  We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rue of La Radio, we'll be
[01:43:54.240 --> 01:43:55.240]  right back.
[01:43:55.240 --> 01:43:56.240]  Thank you.
[01:43:56.240 --> 01:44:05.880]  Through advances in technology, our lives have greatly improved except in the area of
[01:44:05.880 --> 01:44:06.880]  nutrition.
[01:44:06.880 --> 01:44:11.160]  People feed their pets better than they feed themselves and it's time we changed all that.
[01:44:11.160 --> 01:44:16.880]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[01:46:21.200 --> 01:46:50.160]  The
[01:46:50.160 --> 01:47:07.120]  people come down from the hills, into the city they will shuffle, many long nights,
[01:47:07.120 --> 01:47:19.280]  many strong thrills, land of comfort, land of scuffle.
[01:47:19.280 --> 01:47:39.600]  It's hard to lose, and it's hard to hold, far back as they remember, they've been told.
[01:47:39.600 --> 01:47:50.400]  And then, do you have someone who can print your photographs out for you?
[01:47:50.400 --> 01:47:52.920]  And then you give them a copy of it.
[01:47:52.920 --> 01:47:55.400]  This is what's in my apartment now.
[01:47:55.400 --> 01:48:00.400]  I expect everything to be here when you leave.
[01:48:00.400 --> 01:48:05.120]  And that puts them on notice and they'll be very careful about what they throw out
[01:48:05.120 --> 01:48:06.120]  at this point.
[01:48:06.120 --> 01:48:13.840]  The woman went crazy with power because we'd been squabbling before.
[01:48:13.840 --> 01:48:19.160]  I think she would have, if they came to arrest her, she would have kept doing it.
[01:48:19.160 --> 01:48:22.240]  Well, try to do that.
[01:48:22.240 --> 01:48:24.680]  Call the police and ask them to arrest her.
[01:48:24.680 --> 01:48:30.360]  I do this all the time, and people don't like it when you call the police and try to get
[01:48:30.360 --> 01:48:31.360]  them arrested.
[01:48:31.360 --> 01:48:33.080]  It really gets their attention.
[01:48:33.080 --> 01:48:35.080]  The cops did nothing.
[01:48:35.080 --> 01:48:39.360]  No, no, we got any ways of handling that.
[01:48:39.360 --> 01:48:41.040]  We don't care what the cops do.
[01:48:41.040 --> 01:48:44.880]  Well, they didn't do anything and nobody stopped them.
[01:48:44.880 --> 01:48:46.520]  Stop, stop doing that.
[01:48:46.520 --> 01:48:47.520]  Stop doing that.
[01:48:47.520 --> 01:48:52.640]  You're saying, it doesn't matter what I do, nobody's going to do what they're supposed
[01:48:52.640 --> 01:48:53.640]  to do.
[01:48:53.640 --> 01:48:55.080]  I get that.
[01:48:55.080 --> 01:49:00.400]  And we get that all the time, and we specialize in handling that stuff.
[01:49:00.400 --> 01:49:04.240]  How do I get an injunction?
[01:49:04.240 --> 01:49:06.600]  You don't have time to get an injunction.
[01:49:06.600 --> 01:49:12.400]  You have to write up a petition for a temporary restraining order.
[01:49:12.400 --> 01:49:18.440]  I need to know under what authority they're coming, I need to know the underlying law,
[01:49:18.440 --> 01:49:20.520]  what they're allowed to do, what they're not allowed to do.
[01:49:20.520 --> 01:49:26.280]  I've been sitting here listening, trying to figure out how I could craft something that
[01:49:26.280 --> 01:49:29.640]  you could get done in time.
[01:49:29.640 --> 01:49:33.680]  I brought John on because I don't know New York law.
[01:49:33.680 --> 01:49:41.120]  I could do this in Texas law, but New York has, in my experience, been quite a bit different.
[01:49:41.120 --> 01:49:46.200]  I need to know what the law is concerning competence.
[01:49:46.200 --> 01:49:53.320]  And you have a special, apparently have a special agency that handles the aged.
[01:49:53.320 --> 01:49:56.640]  That handles what?
[01:49:56.640 --> 01:50:01.200]  John, what agency is that?
[01:50:01.200 --> 01:50:07.080]  Both help on my temporary legal guardians, it's an agency.
[01:50:07.080 --> 01:50:12.960]  You may have to get the temporary legal guardians' attention.
[01:50:12.960 --> 01:50:20.000]  Are there any agencies that oversee guardians?
[01:50:20.000 --> 01:50:25.560]  I would assume so, I didn't think of that.
[01:50:25.560 --> 01:50:30.320]  I'll look into it.
[01:50:30.320 --> 01:50:35.640]  When you file a complaint with them, tell them your guardian is not protecting your
[01:50:35.640 --> 01:50:39.560]  rights and that'll get his attention.
[01:50:39.560 --> 01:50:45.320]  We just don't have time, we're on our last segment, we're not going to have time tonight
[01:50:45.320 --> 01:50:46.720]  to go through all this.
[01:50:46.720 --> 01:50:52.080]  That's why I suggested you take an inventory and show the inventory to whoever shows up.
[01:50:52.080 --> 01:50:53.080]  That'll get their attention.
[01:50:53.080 --> 01:50:57.360]  That'll let them know you're fixing to go after them.
[01:50:57.360 --> 01:51:02.800]  My hands are tied because I have a lawyer, I have to fire him, right, so that I can do
[01:51:02.800 --> 01:51:04.720]  a temporary restraining order.
[01:51:04.720 --> 01:51:10.040]  No, you tell the lawyer to prepare one and when he doesn't, then you file a bar grievance
[01:51:10.040 --> 01:51:13.920]  against him with the State Bar Association.
[01:51:13.920 --> 01:51:15.920]  Now you got his attention.
[01:51:15.920 --> 01:51:21.960]  Yeah, but I'm getting his attention because I mentioned firing him today, finally.
[01:51:21.960 --> 01:51:28.640]  But if I still have him and he's not fired, is it up to the judge who doesn't like me
[01:51:28.640 --> 01:51:35.760]  to grant my ability to fire him so I can do these orders, do the temporary restraining?
[01:51:35.760 --> 01:51:38.260]  Cuz I don't know if he's able to do it.
[01:51:38.260 --> 01:51:44.040]  I think he's sort of getting older or depressed or he's on, I don't know.
[01:51:44.040 --> 01:51:49.320]  He's sort of nice, but he's out of it and he doesn't really do his job.
[01:51:49.320 --> 01:51:55.120]  Then ask for a competent, can you tell the judge that he's a nice guy, but he doesn't
[01:51:55.120 --> 01:51:56.120]  appear to be competent?
[01:51:56.120 --> 01:51:58.720]  Can you have a right to competent counsel?
[01:51:58.720 --> 01:52:02.440]  Well, I won't see the judge till after the clean out.
[01:52:02.440 --> 01:52:09.280]  Wait a minute, the problem I'm having here is you have one issue after another, after
[01:52:09.280 --> 01:52:14.640]  another, after another, after another, after another, I can't keep up with all this.
[01:52:14.640 --> 01:52:15.640]  Me neither.
[01:52:15.640 --> 01:52:22.880]  Yeah, well, I need something, you're asking me, what can I do right now?
[01:52:22.880 --> 01:52:28.560]  And what you can do right now is get an inventory and let whoever shows up know that you expect
[01:52:28.560 --> 01:52:31.160]  everything that's here now to still be here.
[01:52:31.160 --> 01:52:32.160]  Okay.
[01:52:32.160 --> 01:52:36.080]  Unless it's a garbage bag that needs to be thrown out, come and ask me and I'll tell
[01:52:36.080 --> 01:52:37.080]  you.
[01:52:37.080 --> 01:52:42.960]  But I expect everything to be here that's here now when you leave.
[01:52:42.960 --> 01:52:47.840]  That's the best you can do quickly in the time that you have.
[01:52:47.840 --> 01:52:48.840]  Then-
[01:52:48.840 --> 01:52:52.320]  If the door is locked.
[01:52:52.320 --> 01:52:58.040]  You call in next week and we'll talk about how to handle your lawyer.
[01:52:58.040 --> 01:52:59.040]  Don't fire him.
[01:52:59.040 --> 01:53:05.320]  Coming to do this thing on Thursday and Friday, they're doing the clean out, I just found
[01:53:05.320 --> 01:53:06.320]  out today.
[01:53:06.320 --> 01:53:11.840]  Okay, well, that's all you have time for is to get it, photograph everything and get your
[01:53:11.840 --> 01:53:12.840]  inventory.
[01:53:12.840 --> 01:53:21.600]  And let them know you'll consider anything missing as theft.
[01:53:21.600 --> 01:53:24.000]  That's the best you have time for.
[01:53:24.000 --> 01:53:28.600]  And I'll put some of the stuff in storage so they can, no matter what, they can't get
[01:53:28.600 --> 01:53:31.200]  it cuz once it's gone, it's gone.
[01:53:31.200 --> 01:53:36.000]  Money won't replace them.
[01:53:36.000 --> 01:53:40.040]  It's what I have left, I'm 85, I don't have any children.
[01:53:40.040 --> 01:53:44.360]  It means a lot to me.
[01:53:44.360 --> 01:53:50.080]  I was in court, tenant landlord court, for six years, seven years.
[01:53:50.080 --> 01:53:52.080]  They tried to kick me out.
[01:53:52.080 --> 01:53:57.880]  I was there, lived there over 40 years cuz he said it wasn't my prime residence.
[01:53:57.880 --> 01:54:03.760]  And I hired a lawyer cuz that's the best I knew to do at the time and it cost me 25,000.
[01:54:03.760 --> 01:54:07.000]  And I finally won the case and then there was an appeal.
[01:54:07.000 --> 01:54:12.560]  I did the appeal myself and I won that, which I hear isn't hard to do.
[01:54:12.560 --> 01:54:17.000]  Mostly if you won the case, you'll win the appeal.
[01:54:17.000 --> 01:54:20.800]  So you have some legal competence.
[01:54:20.800 --> 01:54:25.640]  No, you know what, I didn't put one legal thing down on that appeal, it was eight or
[01:54:25.640 --> 01:54:26.640]  nine pages.
[01:54:26.640 --> 01:54:36.120]  And it was just why I was living in the house temporarily, cuz both my uncles were lawyers.
[01:54:36.120 --> 01:54:43.440]  So I have a brain set that likes law and I like it a lot.
[01:54:43.440 --> 01:54:50.520]  Okay, then we're gonna run out of time today, but call us back next week and we'll take
[01:54:50.520 --> 01:54:57.280]  you earlier in the show and we'll go through the routine how to handle these guys.
[01:54:57.280 --> 01:54:58.280]  We got tools.
[01:54:58.280 --> 01:55:00.720]  Do you take phone calls on Thursday?
[01:55:00.720 --> 01:55:01.720]  Yes.
[01:55:01.720 --> 01:55:06.320]  All right, cuz they're coming Thursday and Friday.
[01:55:06.320 --> 01:55:08.240]  That'll work.
[01:55:08.240 --> 01:55:13.560]  And also, somebody put down that I used the driveway as a bathroom.
[01:55:13.560 --> 01:55:19.840]  I told the lawyer, obviously it's not true, I wanna sue these people for whatever you
[01:55:19.840 --> 01:55:20.840]  call it.
[01:55:20.840 --> 01:55:29.040]  And he said, the judge isn't gonna believe it, I mean, it's not the first time.
[01:55:29.040 --> 01:55:33.200]  You don't really care what the judge believes.
[01:55:33.200 --> 01:55:40.120]  You never win your case simply because you have the law and the facts on your side.
[01:55:40.120 --> 01:55:43.680]  You can expect to win your case if you have the politics on your side, so everything's
[01:55:43.680 --> 01:55:46.040]  about politics.
[01:55:46.040 --> 01:55:49.720]  They accuse you of using the driveway as a toilet.
[01:55:49.720 --> 01:55:51.360]  You accuse them of slander.
[01:55:51.360 --> 01:55:59.360]  One that called on me made it up, so I couldn't believe it when I read it, it was outrageous.
[01:55:59.360 --> 01:56:03.360]  How come they're not afraid of getting in trouble for saying something like that?
[01:56:03.360 --> 01:56:09.080]  Well, call in and accuse the judge of using his driveway as a toilet.
[01:56:09.080 --> 01:56:15.480]  Anyway, turnabouts fair play.
[01:56:15.480 --> 01:56:22.600]  Or maybe say that the lawyer accused him of using the driveway as a toilet.
[01:56:22.600 --> 01:56:27.960]  Yeah, I was talking to a lawyer out in the hall and he said that the judge used his driveway
[01:56:27.960 --> 01:56:33.440]  as a toilet.
[01:56:33.440 --> 01:56:35.720]  You guys wanna play dirty?
[01:56:35.720 --> 01:56:38.100]  You are a pro se.
[01:56:38.100 --> 01:56:42.360]  You have powers and abilities far beyond those of mortal attorneys.
[01:56:42.360 --> 01:56:48.560]  But I didn't call you weeks ago, I didn't know about calling you weeks ago, I just finally
[01:56:48.560 --> 01:56:51.480]  learned how to get you on the computer.
[01:56:51.480 --> 01:56:59.400]  Okay, well, when you see Scott, we haven't talked to him in a long time, will you give
[01:56:59.400 --> 01:57:02.360]  him a wrap up side the head for us?
[01:57:02.360 --> 01:57:04.080]  Who, Scott?
[01:57:04.080 --> 01:57:05.080]  Yeah.
[01:57:05.080 --> 01:57:08.360]  I think you might have Scott on the line here.
[01:57:08.360 --> 01:57:10.360]  He didn't feel well today.
[01:57:10.360 --> 01:57:14.840]  No, I know who I'm talking to now.
[01:57:14.840 --> 01:57:17.320]  I think you might have Scott on the line here.
[01:57:17.320 --> 01:57:19.480]  Oh, there he is.
[01:57:19.480 --> 01:57:21.840]  You can give him a wrap up side the head yourself.
[01:57:21.840 --> 01:57:23.840]  Scott, is that you?
[01:57:23.840 --> 01:57:25.640]  Yeah, I've been here for a while.
[01:57:25.640 --> 01:57:34.200]  I came upstairs to read what I handed, a declaration I handed the court evaluator and the attorney
[01:57:34.200 --> 01:57:38.760]  that I've been saying to the police, they're murdering this lady and I'm witness and they're
[01:57:38.760 --> 01:57:43.200]  murdering this lady and they're murdering this lady and she didn't give you the beginning
[01:57:43.200 --> 01:57:44.200]  story.
[01:57:44.200 --> 01:57:45.200]  She started late, late.
[01:57:45.200 --> 01:57:46.200]  Okay, yeah.
[01:57:46.200 --> 01:57:47.200]  Well, we don't have time tonight.
[01:57:47.200 --> 01:57:50.200]  We only got a minute left.
[01:57:50.200 --> 01:57:55.600]  So, I just wanted her to give you a wrap up side the head just for old time's sake.
[01:57:55.600 --> 01:58:01.320]  That's what I was trying to do, U.S. vs. Queel, I'll talk to you soon.
[01:58:01.320 --> 01:58:04.680]  Okay, call us back next Thursday, we'll talk to you then.
[01:58:04.680 --> 01:58:12.280]  We are out of time, John, you got 10 seconds, what do you got for us?
[01:58:12.280 --> 01:58:18.160]  Okay, I'm going to send some information to give to you, I'm going to send it to Brett
[01:58:18.160 --> 01:58:20.200]  and have him relay it to you.
[01:58:20.200 --> 01:58:24.400]  It's about your concerns about COVID, Chad.
[01:58:24.400 --> 01:58:28.040]  Okay, send that to us, we're out of time.
[01:58:28.040 --> 01:58:34.000]  Sorry, John, that we didn't get to you, but you didn't help us out as much as I wanted
[01:58:34.000 --> 01:58:35.000]  you to.
[01:58:35.000 --> 01:58:36.000]  So, what the heck with you?
[01:58:36.000 --> 01:58:39.200]  Call us back Thursday and we'll pull you up early.
[01:58:39.200 --> 01:58:40.200]  Alright.
[01:58:40.200 --> 01:58:46.600]  Okay, stop talking while I'm talking, John, you did radio, you're no better than that.
[01:58:46.600 --> 01:58:50.400]  Thank you all for listening.
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