[00:00.000 --> 00:05.000] Bad Boys by Sherri Jones [00:30.000 --> 00:46.200] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio on this eighth day of November [00:46.200 --> 01:00.240] 2024 and I have the phone lines on, call in number 512-646-1984 and my traffic site is up [01:00.240 --> 01:11.160] and I, it's an indirect path to it so I can't just say go to trafficticket.com because I haven't, [01:11.480 --> 01:16.440] I've got some sites by that name that I didn't redirect to where the traffic ticket is. The [01:16.440 --> 01:23.400] traffic ticket site is under prosayfromhell.com but anybody who wants it, I'll post a link to it [01:25.160 --> 01:31.560] on the Telegram channel and if somebody's not on Telegram, send me an email, I'll send it to you. [01:32.200 --> 01:38.920] You can go in and put in your ticket information and when you hit submit it'll take you to a page [01:38.920 --> 01:42.840] where you can download all of the files that it creates. [01:45.080 --> 01:48.840] Still got a few glitches in it and I need some people to use it to tell me [01:49.880 --> 01:56.440] about the glitches I haven't seen yet. One of them I put the first one in and I had it in there [01:56.440 --> 02:03.480] when I got the documents there were three sets of them so something I hit caused it to submit [02:03.480 --> 02:08.360] right in the middle and I hadn't figured out what that is yet but we'll get that fixed so it only [02:08.360 --> 02:17.400] submits once and my PDF documents they're not formatting as nicely as I'd like but [02:17.400 --> 02:22.440] that's really minor stuff. I'll get that sorted out. I need some people other than me [02:23.400 --> 02:29.240] to put their tickets in there and then pull the documents down because you'll make mistakes I [02:29.240 --> 02:34.680] don't make. That's the input page I built myself so I know how it works. I need some people who [02:34.680 --> 02:38.360] don't know how it works to go in there and tell me what I need to fix. [02:38.360 --> 02:46.440] Okay phone lines are fired up quickly and we have two on already. [02:48.520 --> 02:53.560] One I know who it is and she's been trying to get to get on for quite a while. [02:55.320 --> 02:56.920] Is that the first time caller? [02:57.560 --> 03:04.760] No no that's not Katherine from the Telegram channel. Okay this is Alex from [03:06.360 --> 03:15.800] Texas in New Mexico or Arkansas New Mexico. Hello Alex we have a first time caller so [03:16.840 --> 03:20.200] it's okay with you. We always generally take the first time caller first. [03:20.840 --> 03:27.000] Yeah go ahead go ahead. Okay thank you. Okay we have a caller [03:27.960 --> 03:33.640] 719 area code give us a first name and a state. [03:38.840 --> 03:43.400] Well that didn't sound so good. Well our first time caller just dropped right off. [03:44.280 --> 03:58.200] Okay that was quick. Okay what do you have for us today? [03:59.800 --> 04:07.560] I noted I have five questions and I have three really short ones and two longer ones so I'm [04:07.560 --> 04:17.080] just going to ask the first one. I heard Randy I heard you talk about a attorney that [04:19.800 --> 04:26.440] to the court present claims or cited a case law that didn't actually apply to what you [04:26.440 --> 04:35.000] were saying or to the matter at hand and that I think I heard you say is fraud upon the court [04:35.000 --> 04:42.280] and I was wondering if that is so does that also apply to a judge or a commissioner in my case [04:42.920 --> 04:49.640] who issued a ruling and cited a case law that is in complete contradiction to [04:50.840 --> 05:00.280] her own ruling. Okay let me cite you a case out of the fifth circuit not the 10th I think [05:00.280 --> 05:09.000] that's what California is where's California the 9th. I think it's the 9th the 10th is Idaho [05:10.520 --> 05:14.040] anyway it's the 9th or 10th this is out of the fifth circuit [05:15.000 --> 05:20.280] it's called Walker v Packer and if you take Walker v Packer from the fifth circuit [05:20.920 --> 05:26.840] you should be able to bounce off yet if you put in Walker v Packer and whatever circuit court you're [05:26.840 --> 05:36.360] in it's likely to give you some case law from that circuit or go to case text and put in Walker v [05:36.360 --> 05:44.120] Packer and on the right hand side you'll see a heading for citations and it'll give you a list [05:44.120 --> 05:51.400] of cases that have referenced Walker v Packer you're likely to find one from California. What [05:51.400 --> 06:01.080] it says is a judge has no discretion in properly applying the law to the facts [06:01.720 --> 06:09.400] a failure to do so is an abuse of discretion and an abuse of discretion that has the [06:10.200 --> 06:15.240] effect of denying a citizen in the full and free access to or enjoyment of a right [06:16.520 --> 06:18.680] well that's a classic misdemeanor in every state [06:21.720 --> 06:26.760] definitely is in California yeah we have a lot of judges that tend to think that it's okay if they [06:26.760 --> 06:32.920] just try to do what's right and be like Judge Judy and just go with the gut and so forth but [06:32.920 --> 06:38.360] they can't they must only stick to the facts that are brought before the court filtered through the [06:38.360 --> 06:45.640] rules of evidence and the law that is brought before the court applied to those facts they [06:45.640 --> 06:53.640] can't just make it up they can't just go with what they feel is best no in short the primary [06:53.640 --> 07:00.280] duty of the judge when he's sitting on the bench first is to maintain decorum in the courtroom [07:01.640 --> 07:06.600] second he must determine the facts in accordance with the rules of evidence [07:07.560 --> 07:13.160] that apply the law as it comes to him or her to the facts in the case [07:14.760 --> 07:21.880] not the law as he knows it but if I want the judge to rule in my favor [07:23.240 --> 07:26.360] I have to bring him the facts in accordance with the rules of evidence [07:27.480 --> 07:35.080] then I have to bring him the law that applies to those facts if I don't bring him pertinent law [07:35.880 --> 07:44.280] he can't use that law he can only use the law that's brought to him if he starts dragging law [07:44.280 --> 07:54.760] out of his background now he becomes a litigant so if the judge has brought in law that wasn't [07:54.760 --> 08:00.360] properly before the court that should get a judicial conduct complaint and disqualification [08:00.360 --> 08:03.480] and criminal charges against him and just a whole stack of stuff [08:04.920 --> 08:11.000] and if she brought if she brought a case law that's just not applicable at all and it's [08:11.000 --> 08:17.960] contradictory is that fraud upon the court or it is definitely fraud upon the court [08:19.320 --> 08:23.080] and she the judges generally think they are the court they are not the court [08:24.360 --> 08:29.880] they are representative they are our representative of the court and they can definitely [08:29.880 --> 08:35.160] defraud their own court and one of the worst things to do is bad case law [08:37.400 --> 08:47.000] and for me it's it's seems kind of insane that the worst thing of you know in order for me to [08:47.000 --> 08:53.320] get ruling in my favor I must bring the facts and the case law that supports those facts [08:55.000 --> 08:58.680] these guys are bringing case law is this trash that don't support your facts [09:00.360 --> 09:08.200] right that's so basic to jurisprudence and if this is a lower level judge [09:09.400 --> 09:13.320] and you drag that judge up into the higher courts over something this dumb [09:14.680 --> 09:17.800] they are not likely to be sympathetic to that judge [09:20.760 --> 09:25.880] if I get bad if I get a judge ruling improperly on law the first thing I want to do is a mandamus [09:25.880 --> 09:33.320] a mandamus with the next higher court and ask the higher that if it's a if you're in a [09:34.040 --> 09:42.360] inferior court a a justice court or a municipal court then generally you sue to the county court [09:44.200 --> 09:50.600] you appeal to the county court and from there you appeal to the court of appeals [09:50.600 --> 09:56.760] so if you're in your municipal jp court you petition the county court to order the [09:57.640 --> 10:05.960] municipal or justice of the peace court to act in accordance with law well this tends to embarrass [10:05.960 --> 10:13.720] them you take their bad behavior and you wave it in front of somebody else somebody over them [10:14.520 --> 10:16.680] that tends not to make them very happy [10:18.040 --> 10:25.480] yes one of the one of the four individuals that I'm suing have said and I just wonder if I can [10:25.480 --> 10:33.160] actually allege fraud upon the court because like you said she is like could I I don't know [10:33.160 --> 10:40.040] actually what the essential elements are federally to allege fraud upon the court I was just [10:40.680 --> 10:48.360] um wondering the fact if she brings case law and I make her aware that this case law is [10:48.360 --> 10:55.160] contradicting her own ruling and she doesn't react and she okay you're in the are you in [10:55.160 --> 11:03.400] the federal you're in the federal court on this yes okay so is this the trial judge or is this [11:04.360 --> 11:09.960] a magistrate judge so this is one of the California [11:11.480 --> 11:18.440] well she's not even a judge she was a commissioner in one of the county superior courts and she [11:18.440 --> 11:24.680] issued a ruling which contradicts she used the case law and her ruling which contradicted her [11:24.680 --> 11:29.960] ruling wait a minute wait a minute hold on you just said this was in a California court [11:29.960 --> 11:38.920] court correct and she's one of the four that is it California is it a federal court or a state [11:38.920 --> 11:45.800] court she is a judge or she's a commissioner in the state court but I'm suing her in the fed [11:46.600 --> 11:53.480] oh oh okay so she's not the litigant she's not the judge in the case no she's just [11:53.480 --> 11:59.320] secondarily a judge she's the defendant one of the four defendants yeah that's her oh [12:00.120 --> 12:01.640] all the gloves come off [12:04.920 --> 12:09.160] did she do this herself or did she have counsel do this for her [12:11.400 --> 12:18.520] I'm not aware of counsel she issued the ruling by the way it wasn't even signed so I don't know if [12:18.520 --> 12:21.720] I can bring no no wait wait wait wait you're in the federal court with her [12:23.560 --> 12:29.560] and okay she so you're accusing her of using bad case law in the state court [12:31.800 --> 12:38.120] is that correct yes I'm trying to get sorted out what's going on here in the state court so I'm [12:38.120 --> 12:47.160] accusing her of applying or claiming or using citing a certain case law which [12:47.880 --> 12:56.120] contradicts her ruling plus it would imply a criminal act committed by someone else [12:56.760 --> 13:02.760] if like her okay hold on hold on yeah I think I'm figuring out what's going on here [13:03.400 --> 13:09.720] you had a state court case yes and the judge in the state court did some stuff [13:10.360 --> 13:16.440] that was inappropriate yes how did you get that state court judge to the fed [13:18.360 --> 13:26.120] I she's one of the defendants it's not enough what was the claim that gets you into the fed [13:26.120 --> 13:31.720] and we'll talk about that when we come back on the other side you have to be careful suing a state [13:32.280 --> 13:38.440] official in the fed for the most part there's only one way you can do that [13:39.320 --> 13:46.280] and you have to sue them alleging that they acted outside the scope of their authority now you [13:46.280 --> 13:51.640] from what I hear you can do that but if you haven't done that if you haven't done it just right they'll [13:51.640 --> 14:00.200] toss you out on a 12b1 hang on Randy Kelton bread fountain we'll be right back are you being harassed [14:00.200 --> 14:05.960] by debt collectors with phone calls letters or even lawsuits stop debt collectors now with the [14:05.960 --> 14:11.640] Michael Mears proven method Michael Mears has won six cases in federal court against debt collectors [14:11.640 --> 14:17.080] and now you can win too you'll get step-by-step instructions in plain english on how to win in [14:17.080 --> 14:23.240] court using federal civil rights statutes what to do when contacted by phone mail or court summons [14:23.240 --> 14:27.880] how to answer letters and phone calls how to get debt collectors out of your credit report [14:27.880 --> 14:33.480] how to turn the financial tables on them and make them pay you to go away the Michael Mears [14:33.480 --> 14:39.240] proven method is the solution for how to stop debt collectors personal consultation is available [14:39.240 --> 14:44.200] as well for more information please visit ruleoflawradio.com and click on the blue [14:44.200 --> 14:51.320] Michael Mears banner or email Michael Mears at yahoo.com that's ruleoflawradio.com or email [14:51.400 --> 14:58.440] m i c h a e l m i r r a s at yahoo.com to learn how to stop debt collectors now [15:00.600 --> 15:04.920] rule of law radio is proud to offer the rule of law traffic seminar in today's america we live [15:04.920 --> 15:08.760] in an us-against-them society and if we the people are ever going to have a free society then we're [15:08.760 --> 15:13.160] going to have to stand and defend our own rights among those rights are the right to travel freely [15:13.160 --> 15:16.920] from place to place the right to act in our own private capacity and most importantly the right [15:16.920 --> 15:21.400] to due process of law traffic courts afford us the least expensive opportunity to learn how [15:21.400 --> 15:25.800] to enforce and preserve our rights through due process former sheriff's deputy eddie craig in [15:25.800 --> 15:29.320] conjunction with rule of law radio has put together the most comprehensive teaching tool [15:29.320 --> 15:33.400] available that will help you understand what due process is and how to hold courts to the rule of [15:33.400 --> 15:38.040] law you can get your own copy of this invaluable material by going to ruleoflawradio.com and [15:38.040 --> 15:41.720] ordering your copy today by ordering now you'll receive a copy of eddie's book the texas [15:41.720 --> 15:46.280] transportation code the law versus the lie video and audio of the original 2009 seminar [15:46.280 --> 15:50.200] hundreds of research documents and other useful resource material learn how to fight for your [15:50.200 --> 15:54.120] rights with the help of this material from ruleoflawradio.com order your copy today [15:54.120 --> 15:57.160] and together we can have the free society we all want and deserve [16:01.320 --> 16:08.120] if you are listening to the logos radio network logosradionetwork.com [16:16.760 --> 16:24.120] so [16:36.760 --> 16:42.440] well it's spinning like it's out of control on the edge of a hole inside a deep dark [16:43.400 --> 16:47.400] i'm always on the lookout for something to soothe my soul [16:49.880 --> 16:56.840] that's how i sit back and i watch the evidence unfold and i see justice [16:59.960 --> 17:06.600] okay we are back into kelton we're at fountain rule of law radio and we're talking to alex [17:06.600 --> 17:13.320] in california okay i'm kind of getting this sorted out you have a a state case [17:14.440 --> 17:19.000] where the judge in the state case rendered a ruling you're unhappy with [17:21.560 --> 17:24.840] you can't take the ruling to the federal court [17:27.000 --> 17:32.200] and i'm trying to think of how you can take the judges [17:32.600 --> 17:42.360] siding of bad case law and thereby rendering an improper ruling to the fed i don't think you're [17:42.360 --> 17:52.680] going to get there so okay so i'm trying what i'm doing is my 1983 action or civil suit and i'm [17:53.640 --> 18:03.640] suit and i'm alleging conspiracy and deprivation of rights and i'm alleging that i have the right [18:04.280 --> 18:15.720] to get a court to rule absent of the ruling containing as its premise a criminal act and [18:16.520 --> 18:21.000] um also i have the right to have a ruling that doesn't have [18:22.680 --> 18:25.560] citations in it that completely contradict the ruling [18:28.520 --> 18:30.760] you're not going to get to the fed they're gonna [18:32.120 --> 18:37.160] under rooker feldman they're going to push you back to the state court of appeals [18:37.960 --> 18:45.240] i can't go to the appeals this is a judge working with acting within the scope of her authority [18:46.440 --> 18:53.480] and she rendered a ruling while acting under the scope of her authority that uh you disagree with [18:54.920 --> 19:02.280] but if i walk or v packer she did act outside of the scope because she did not properly apply [19:03.240 --> 19:12.600] the facts to the law yes the problem is is when you're uh when i went after them this way [19:14.440 --> 19:19.640] well i didn't didn't use walker v packer to get them into the federal court [19:22.040 --> 19:28.840] here you have to have a separate way to get them into the federal court you're complaining here [19:29.080 --> 19:37.080] about the ruling made by a judge in a state court and under rooker feldman [19:38.760 --> 19:41.160] i'm stood the opposing party [19:45.080 --> 19:48.760] moved to dismiss under 12b1 [19:50.840 --> 19:57.160] which is which one is again 12b1 is it immunity or 12b1 is immunity [19:58.120 --> 20:04.280] okay they should have raised the rooker feldman doctor and saying that the issue you're bringing [20:04.280 --> 20:12.040] can't be brought in the federal court under rooker feldman so based on that we failed to state a [20:12.040 --> 20:21.640] claim did you get a 12b1 or 12b6 not yet i don't know if you remember our last conversation i'm [20:21.640 --> 20:32.520] still waiting on because i did a ifp in format poppers and so the magistrate judge still has to [20:32.520 --> 20:39.400] review the case and then the last time i called there was a chris from colorado was on the line [20:39.400 --> 20:44.760] and he said that he had like the experience where the judge actually came back to him and he said [20:44.760 --> 20:51.320] hey this is what you need to change so the advice to me was to just wait and see what comes back [20:52.200 --> 20:59.800] so yes you could you could file an amended pleading but it's probably bad timing [20:59.800 --> 21:04.920] let the judge come back and tell you what the judge finds wrong with your case [21:06.200 --> 21:15.400] yeah yeah i will and but i i i suspect from what i hear is uh the judge is going to say this [21:15.400 --> 21:23.480] involves the judges ruling in a state court and specifically under rooker feldman the federal [21:23.480 --> 21:36.600] courts will refuse to hear a claim that is in a state court especially objecting to a ruling [21:36.600 --> 21:42.200] of a judge in a state court in a state action the defense they're not likely to touch that [21:43.000 --> 21:48.360] yeah i don't want to revive the ruling i am focusing on deprivation of rights and that's [21:48.360 --> 21:57.720] what i'm saying i allege that i have the right to a ruling that does not encompass a criminal act [21:57.720 --> 22:05.560] and that does not continue and you're claiming that the judge in coming up with his her own [22:06.200 --> 22:14.040] is her own case law then acted outside the scope of her authority is that what you're claiming [22:15.320 --> 22:22.040] i'm claiming two things she acted outside of her authority because she is not properly applying [22:22.040 --> 22:26.680] the law to the facts she's using a case law that's not applicable that's not within her [22:27.240 --> 22:31.880] authority it's not within the judge's cannons or it's outside this violation of the judge's [22:31.880 --> 22:40.760] skins and the other thing is her ruling um incorporates a criminal act by someone else [22:42.360 --> 22:46.120] and i don't know if i should um elaborate on that so basically [22:48.040 --> 22:55.560] uh if her ruling would stand even if she applied the correct case law it still would have the [22:55.560 --> 23:01.160] premise of someone practicing medicine without a license and that's a crime in california [23:02.360 --> 23:10.600] so as she issues was was practicing medicine without a license the claim that's being addressed [23:13.480 --> 23:16.920] no it was not addressed it was brought up by me but it was not addressed [23:19.640 --> 23:30.520] okay this is a little too complex if the if the judge rules in the opposing party's favor [23:32.440 --> 23:38.120] then it amounts to the opposing party practicing medicine without a license or it amounts to the [23:38.120 --> 23:45.640] judge practicing medicine without a license the opposing party okay because if it was the judge [23:46.280 --> 23:55.240] there you'd run into chevron deference and what the effect of them removing chevron deference [23:55.800 --> 24:02.120] because the judge would be able to make that kind of ruling so the other party has [24:04.760 --> 24:09.480] either that okay they has the other party already [24:11.000 --> 24:16.680] practice medicine without a license or are you alleging that in their pleadings [24:16.680 --> 24:18.840] they're practicing medicine without a license [24:18.840 --> 24:29.240] well they never the this was this never came the other party never um [24:31.160 --> 24:34.760] addressed that claim but they have [24:38.040 --> 24:45.720] they have so basically this was about um a health care facility um i under the ada i'm not able to [24:45.800 --> 24:55.240] wear a face mask and they said hey we can accommodate you with uh a virtual visit only [24:55.240 --> 25:02.280] after one of our chiropractors determines that you are actually able to get this exemption and [25:02.280 --> 25:09.720] we would need to go into the details of your disability which is then um the practicing of [25:09.720 --> 25:17.960] the chiropractor practicing in a field that he is not licensed in well plus you've got [25:19.160 --> 25:27.080] you shouldn't have to disclose all your personal medical stuff just for random somebody that [25:27.080 --> 25:33.320] doesn't even exactly didn't hire them to be your doctor it is do you have a claim before the court [25:34.280 --> 25:36.520] of practicing medicine without a license [25:39.160 --> 25:45.080] well i did bring that up in the original case what did you bring it up in the pleadings [25:47.400 --> 25:50.920] or was it just brought up in a motion or response to a motion [25:52.840 --> 25:59.400] so this was a small claims case so this was in the complaints and it was also verbally by me [25:59.480 --> 26:08.760] brought up at the trial and i have a recording of that and there and please and and i we talked [26:08.760 --> 26:13.400] about this before and you told me small claims cases are different but i could not find anything [26:13.400 --> 26:23.880] in california that makes judges exempt from still upholding their their judicial um requirements and [26:23.880 --> 26:30.120] maybe that's in other other states but i could not hold on that wasn't where i was going [26:30.120 --> 26:35.320] the judging in the small claims court is still a judge it's still subject to the rule of law [26:36.280 --> 26:42.280] right that wasn't the context i was looking at i was trying to figure out how this gets to the fed [26:42.280 --> 26:49.160] it and i'll think about it over the the break [26:52.120 --> 26:57.480] see if i can figure this out how i could get out of the of a small claims court and get in the fed [26:57.480 --> 27:04.520] we'll be right back it's clear cell phones have changed the way we live and work but have they [27:04.520 --> 27:08.920] negatively affected our health i'm dr catherine albrecht and i'll be back in just a moment with [27:08.920 --> 27:15.880] new findings about how cell phones may actually alter our brain chemistry privacy is under attack [27:15.880 --> 27:21.240] when you give up data about yourself you'll never get it back again and once your privacy is gone [27:21.240 --> 27:27.160] you'll find your freedoms will start to vanish too so protect your rights say no to surveillance [27:27.160 --> 27:32.920] and keep your information to yourself privacy it's worth hanging on to this public service [27:32.920 --> 27:38.200] announcement is brought to you by startpage.com the private search engine alternative to google [27:38.200 --> 27:46.600] yahoo and bing start over with startpage cell phones emit radio frequency energy it's a fact [27:46.600 --> 27:50.760] but whether it's dangerous to have a phone beaming this kind of radiation near your head has been [27:50.760 --> 27:56.040] disputed some have blamed it for brain tumors while cell phone companies have downplayed concerns [27:56.040 --> 28:00.360] well now the journal of the american medical association is confirming that cell phones [28:00.360 --> 28:06.040] affect brain chemistry a study of 47 volunteers showed that glucose metabolism in the area of [28:06.040 --> 28:10.600] the brain closest to the cell phone antenna increases when the cell phone is on while [28:10.600 --> 28:15.800] researchers aren't sure whether this exposure causes damage i'm not taking any chances i always [28:15.800 --> 28:20.920] keep the phone far from my body and i use a corded headset i'm dr catherine albrecht more [28:20.920 --> 28:23.480] news and information at catherinealbrecht.com [28:29.240 --> 28:35.160] i lost my son my nephew my uncle my son on september 11 2001 most people don't know that [28:35.160 --> 28:41.080] a third tower fell on september 11 world trade center seven a 47 story skyscraper was not hit [28:41.080 --> 28:47.000] by a plane although the official explanation is that fire brought down building seven over 1200 [28:47.000 --> 28:51.160] architects and engineers have looked into the evidence and believe there is more to the story [28:51.160 --> 28:58.120] bring justice to my son my uncle my nephew my son go to buildingwatt.org why it fell why it matters [28:58.120 --> 29:03.800] and what you can do are you looking to have a closer relationship with god and a better [29:03.880 --> 29:08.920] understanding of his word then tune in to logosradionetwork.com on wednesdays from [29:08.920 --> 29:14.600] 8 to 10 p.m central time for scripture talk where nana and her guests discuss the scriptures in [29:14.600 --> 29:20.680] accord with second timothy 215 study to show thyself approved unto god a workman that needed [29:20.680 --> 29:26.600] not to be ashamed rightly dividing the word of truth starting in january our first hour studies [29:26.600 --> 29:31.800] are in the book of mark where we'll go verse by verse and discuss the true gospel message our [29:31.800 --> 29:37.000] second hour topical studies will vary each week with discussions on sound doctrine and christian [29:37.000 --> 29:42.120] character development we wish to reflect god's light and be a blessing to all those with a [29:42.120 --> 29:47.720] hearing ear our goal is to strengthen our faith and to transform ourselves more into the likeness [29:47.720 --> 29:53.480] of our lord and savior jesus so tune in to scripture talk live on logosradionetwork.com [29:53.560 --> 29:58.760] wednesdays from 8 to 10 p.m to inspire and motivate your studies of the scriptures [30:02.680 --> 30:08.760] you're listening to the logos radio network at logosradionetwork.com [30:09.320 --> 30:12.040] so [30:13.640 --> 30:26.040] yeah i got a warrant and i'm gonna solve them to the government them prosecute them okay [30:26.120 --> 30:29.320] so [30:35.480 --> 30:41.800] okay we are back randy kelton brett fountain blue of low radio and we're talking to alex [30:41.800 --> 30:52.200] in california and i need more data okay the nature of the claim [30:52.680 --> 30:57.560] okay i want to say i want to talk to the nature of the claim but something's telling me [30:58.360 --> 31:05.160] that we shouldn't even get to the nature of the claim if you claim an exemption did you claim it [31:05.160 --> 31:14.520] under ada yes and i also said they asked me for documents i said i have a document from [31:15.080 --> 31:22.040] a licensed professional in my backpack if you can give me any legal of any legal [31:22.040 --> 31:29.000] provision that requires me to disclose that i will show it to you if you can't i prefer not [31:29.000 --> 31:36.120] to show it because i have a right to privacy i decided to ada provisions that go against [31:37.080 --> 31:41.640] okay i was trying i was trying to figure out how to get you in the federal court [31:41.800 --> 31:49.400] that's how we get you in the federal court right okay there there ada gets you in the federal court [31:49.400 --> 31:53.400] okay that part's handled okay [31:57.080 --> 32:07.720] okay so now where are we we got a a judge applying improper law and failing to properly apply the law [32:07.800 --> 32:12.760] properly apply the law to the facts it is still a state issue [32:15.400 --> 32:24.120] but you're in the state suing in the state the judges on a state bench it's still a state issue [32:25.640 --> 32:35.320] but if i bring in 1983 and you can we can sue her for breach of the ada and that would get [32:35.320 --> 32:40.680] you in the fed on an ada claim but that's not the claim you're making you're claiming that the [32:40.680 --> 32:48.200] judge failed to properly apply the law to the facts in a state court i'm i'm claiming that [32:49.240 --> 32:54.040] a judge failing to properly apply the law to the facts in the state court is a state issue [32:56.040 --> 33:03.720] i'm claiming that i'm i'm actually i didn't cite that specific language and i didn't even [33:03.720 --> 33:12.600] cite walker v packer i alleged that she cited a case law that was well i alleged that i have the [33:12.600 --> 33:19.720] right to a ruling that does not encompass a criminal act by another party which she issued [33:19.720 --> 33:28.040] she issued such a ruling so i have the right to a ruling absent of obviously absent of any other [33:28.040 --> 33:33.400] party committing a criminal act okay wait this this sounds now this is getting interesting [33:34.760 --> 33:43.560] if judge rules in this favor does create the criminal act or does it further the criminal act [33:44.280 --> 33:51.640] it creates it because the judge said that i was provided reasonable accommodations which number [33:51.640 --> 34:00.600] one is not true because i was not provided them on that date and i would have been only provided [34:00.600 --> 34:05.320] this virtual visit which is also not a reasonable accommodation because you can't get a manual [34:05.320 --> 34:12.440] adjustment virtually obviously as the chiropractor that's another issue but how did they get to a [34:12.440 --> 34:18.280] chiropractor was this a chiropractic issue that you claimed [34:20.360 --> 34:24.360] i went to the chiropractor they wanted me to put on a face mask [34:25.720 --> 34:29.800] and i said i'm not able to do that and then they kept me there [34:30.760 --> 34:35.480] um and actually they wanted the chiropractor to make this evaluation [34:35.640 --> 34:43.240] yes after i was oh that makes sense so you're saying that the chiropractor did not have the [34:43.800 --> 34:52.120] knowledge or expertise to make this determination correct and to be more precise they said we can [34:52.120 --> 34:57.640] accommodate you with a virtual visit to which i replied that's not an accommodation because [34:57.640 --> 35:05.240] i'm not getting my adjustment but they said we can only do the virtual visit after the chiropractor [35:05.240 --> 35:12.520] after you had um that consultation virtually also with the chiropractor who would then determine [35:12.520 --> 35:19.800] whether you are eligible for this mask exemption to come in and then i said he doesn't have the [35:19.800 --> 35:26.280] expertise to determine yeah that's not his place yeah now now this is making sense okay [35:26.280 --> 35:37.880] so the chiropractor is uh practicing medicine without a license [35:39.320 --> 35:42.680] he's not practicing chiropractic he's practicing medicine [35:44.760 --> 35:52.120] so your reason for not being able to wear the mask is not a chiropractic condition it's a medical [35:52.120 --> 35:59.880] condition yeah he's not a doctor yeah it's a mental health condition it's a psychological [35:59.880 --> 36:06.840] condition so he doesn't have the expertise to determine whether or not uh number one number [36:06.840 --> 36:17.320] two there is um aside from that it's she shouldn't even put his like so so the judge was saying that [36:17.320 --> 36:27.160] you should allow the chiropractor to do this evaluation and that would condone the illegal [36:27.160 --> 36:35.720] practice of medicine she didn't specifically say that but her ruling as she claimed that i was [36:35.720 --> 36:42.920] provided reasonable accommodation as is required under the ade unless there is undue hardship or [36:42.920 --> 36:52.040] direct threat which no one has um uh even though like confirmed that that that's the case but she [36:52.040 --> 36:59.880] said i was provided reasonable accommodation and as i had alleged and the opposing party didn't [36:59.880 --> 37:09.400] dispute it um i had explained how the opposing party at the time of the event said that before [37:09.400 --> 37:14.520] we even proceed further the chiropractor would have to determine whether i am actually exempt [37:14.520 --> 37:23.000] for this under the ada and so by ruling that i did receive a reasonable accommodation [37:25.160 --> 37:30.120] the condition for that was the determination the determination by the chiropractor which [37:30.120 --> 37:33.080] he cannot do because that's not his expertise [37:33.880 --> 37:39.640] so the chiropractor hasn't made that never made that determination because you never gave him [37:39.640 --> 37:45.320] the opportunity to because it would have been improper for him to do it do i understand [37:45.320 --> 37:52.600] situation correctly well number one he would have been improper for him to do that number two [37:53.400 --> 37:59.160] there is no legal obligation that i'm aware of that i have to divulge my the nature and the extent [37:59.160 --> 38:03.400] that i have to divulge my the nature and the extent of my disability [38:04.840 --> 38:12.520] to exactly our mask law society channel that would certainly be my perspective [38:12.520 --> 38:20.440] i would be feeling the same way yeah i said that sounds like a really cool argument to get to the [38:20.440 --> 38:31.720] fed that's the kind of thing this chiropractor and these lower level judges need directions [38:32.440 --> 38:39.400] from the fed for because it goes to a the ada goes to a federal issue so that definitely [38:39.400 --> 38:48.680] take you to the fed yeah and is it also brought upon the court though that she cited this [38:49.640 --> 38:57.480] incorrect non-applicable ruling that actually it actually spoke to my favor the ruling was [38:57.480 --> 39:04.120] actually in my favor so she failed to properly apply the law to the facts and since now she's [39:04.120 --> 39:10.920] mucking around in federal territory you can certainly bring in a walker v packer or a [39:10.920 --> 39:19.320] california version of walker v packer can find one yeah yeah if i can i can find that i will i [39:19.320 --> 39:29.160] was just wondering if it's actually broad upon the court because number one the the or actually [39:29.160 --> 39:37.640] not just number one the the site the a case law that she cited actually spoke to my to me to my [39:37.640 --> 39:44.440] favor so under that case law she would have needed to rule in my favor but she didn't so she be [39:44.440 --> 39:52.520] fraud at the court by bringing up a case law that was contrary to her ruling is that fraud [39:59.160 --> 40:02.600] i wouldn't call it fraud i would call it incompetence i'd call it a [40:03.240 --> 40:11.480] she's trying to be a litigant when she's not allowed to and she's a fraud [40:16.200 --> 40:23.400] that doesn't sound like fraud to me it just sounds like she's breaking the rules and she's clueless [40:23.400 --> 40:24.200] yes [40:29.640 --> 40:33.800] so when an attorney brings up an incorrect citation [40:35.720 --> 40:42.920] or case law and would that be that's fraud the attorney is supposed to be a litigant [40:43.560 --> 40:49.880] but the judge can hardly defraud herself or himself that would have to be [40:49.880 --> 40:55.880] official misconduct or something hang on randy kelton brett fountain river radio we'll be right back [40:58.920 --> 41:04.200] do you have a business with five employees or more how would you like to save hundreds of [41:04.200 --> 41:10.280] thousands of dollars in fika taxes do you have a major medical plan that nobody can afford to be on [41:10.280 --> 41:16.360] or how would you like to save in premium costs on a current major medical plan by lowering the [41:16.360 --> 41:24.040] claims cost the champ plan is a section 125 irs 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should do for yourself thousands [42:22.600 --> 42:29.400] have won with our step by step course and now you can too jurisdictionary was created by a licensed [42:29.400 --> 42:36.280] attorney with 22 years of case winning experience even if you're not in a lawsuit you can learn what [42:36.280 --> 42:42.360] everyone should understand about the principles and practices that control our american courts [42:42.360 --> 42:50.040] you'll receive our audio classroom video seminar tutorials forms for civil cases pro se tactics [42:50.040 --> 42:58.280] and much more please visit rule of law radio.com and click on the banner or call toll free 866 [42:58.360 --> 43:00.280] LAW EASY [43:00.280 --> 43:01.960] DEFINITELY I'M HUNGRY [43:30.280 --> 43:40.280] I like to know just what I'm fishing for, I ain't asking for much, I ain't trying to be no glutton. [43:40.280 --> 43:46.280] I'm just here making my living pushing buttons. [43:46.280 --> 43:52.280] I give my message out to anyone who's shouting distance. [43:52.280 --> 43:55.280] Vote for bravery and against slavery. [43:55.280 --> 43:59.280] Okay, we are back. Randy Kelton, Brett Fountain, Google Radio. [43:59.280 --> 44:11.280] And over the break, I was digging through some case law, trying to find a California case that cited Walker v. Packer and found zero. [44:11.280 --> 44:23.280] So I went back and looked for a California case's state judge must properly apply the law to the facts. [44:23.280 --> 44:31.280] The fact that a Supreme Court decision does not discuss the issue, I'm not finding anything yet. [44:31.280 --> 44:37.280] I can look more for that. [44:37.280 --> 44:41.280] That's what you need to get you there. [44:41.280 --> 44:45.280] That's gotta be in there. [44:45.280 --> 44:50.280] This is too basic to jurisprudence. [44:50.280 --> 44:57.280] That judges can't just do whatever they want to. [44:57.280 --> 45:05.280] Yeah, so I was basically then my question regarding the fraud is answered. It's not precisely fraud. [45:05.280 --> 45:22.280] What about false statements? Because I also in my complaint, I have cause of action 18 USC 1018 false statements. [45:22.280 --> 45:29.280] And what was the false statement? [45:29.280 --> 45:39.280] While the false statement is implied that she falsely states fights this case law. [45:39.280 --> 45:43.280] And no, that's not a false statement. [45:43.280 --> 45:46.280] Okay, that's what I'm thinking. [45:46.280 --> 45:56.280] It's an inappropriate site, but a false statement would be something that's either. [45:56.280 --> 46:01.280] She's making a statement of fact and it's actually false. [46:01.280 --> 46:03.280] Yeah. [46:03.280 --> 46:07.280] There's a difference between the fact and the law. [46:07.280 --> 46:13.280] For instance, she says that California is east of Texas. [46:13.280 --> 46:16.280] That's a false statement. [46:16.280 --> 46:19.280] There's no part of California that is east of any part of Texas. [46:19.280 --> 46:22.280] And so it's just a false statement. [46:22.280 --> 46:25.280] But what she did was cite a law that's bad case law. [46:25.280 --> 46:28.280] That's that's different. It's not a false statement exactly. [46:28.280 --> 46:34.280] She gave her opinion on what this case meant. [46:34.280 --> 46:36.280] Now you're saying she was wrong. [46:36.280 --> 46:43.280] But to say that she committed perjury, that that goes to mens reis. [46:43.280 --> 47:00.280] And the courts absolutely will not hold a judge criminally liable for their decisions that they render it within the scope of their authority. [47:00.280 --> 47:03.280] Now, this was within the scope of her authority. [47:03.280 --> 47:10.280] Now, we may want to say, well, it's not within scope to lie, but to render the ruling is within scope. [47:10.280 --> 47:13.280] So that that'll put the judges at immunity. [47:13.280 --> 47:18.280] And judges are very jealous about immunity. [47:18.280 --> 47:25.280] If she states a reasonable accommodation was in fact provided, how is that? [47:26.280 --> 47:35.280] The courts are going to say she's wrong and we could overturn her ruling. [47:35.280 --> 47:37.280] But they're not going to say that she lied. [47:37.280 --> 47:44.280] They're going to say that she looked at the facts and the law and came to this this conclusion. [47:44.280 --> 47:47.280] But her conclusion was faulty. [47:48.280 --> 47:58.280] There is no chance you'll get the courts to hold a judge criminally liable for misapplying the law to the facts. [47:58.280 --> 48:07.280] I want them to do that, but they're going to give themselves immunity. [48:07.280 --> 48:12.280] That's what they did in my case. They threw out my case and said it was frivolous. [48:12.280 --> 48:17.280] This whole you know, this whole immunity thing, this is just a doctrine. [48:17.280 --> 48:21.280] It's not even a code of law or anything. [48:21.280 --> 48:24.280] It's just a doctrine. So doesn't it? [48:24.280 --> 48:29.280] I don't know about California, but it certainly is in Texas. [48:29.280 --> 48:33.280] Well, in the Fed, it's a doctrine, right? [48:33.280 --> 48:37.280] The judicial absolute immunity is just a doctrine. [48:37.280 --> 48:45.280] There's nothing in any federal code that provides for that. [48:45.280 --> 49:02.280] I don't know. I haven't examined federal law for I've heard that, but I haven't looked at it myself to see if there are any statutes that grant immunity to judges. [49:02.280 --> 49:04.280] Do you know of any, Brett? [49:04.280 --> 49:07.280] I don't. I've never seen any. [49:07.280 --> 49:11.280] And there certainly isn't any in Texas that we checked. [49:11.280 --> 49:20.280] The only time immunity occurs in Texas law is in two local rules in Henderson County. [49:20.280 --> 49:30.280] Only place immunity occurs in Texas law at all. So yeah, immunity is made up by judges. [49:30.280 --> 49:45.280] Yeah. And so if I argue that the federal Constitution is the supreme law of the land, and in there it says that certain rights are secured by the Constitution. [49:45.280 --> 49:59.280] And if those rights are being infringed upon by anyone, any government actor such as judges, they are prevented from infringing upon them. [49:59.280 --> 50:08.280] So since the Constitution is the supreme law of the land, no doctrine holds the same weight. [50:08.280 --> 50:15.280] Yeah, that's nice, fine, high-minded rhetoric. [50:15.280 --> 50:19.280] But it's not how it works in the world we live in. [50:19.280 --> 50:27.280] You're asking the courts to rule that judges don't have immunity. [50:27.280 --> 50:35.280] And regardless of what the law says, judges are not going to do that. They're giving themselves immunity when they didn't have it in the first place. [50:35.280 --> 50:45.280] So how do we find a way to go at this, where they can rule in your favor and not undermine themselves? [50:45.280 --> 50:58.280] I went after it and said that their claim of immunity, they claimed immunity under Texas civil practice and remedies code 104.001. [50:58.280 --> 51:09.280] And it said that the state shall indemnify public officials. It didn't say immunize. And I didn't say there is no immunity. [51:09.280 --> 51:22.280] I was saying that the claim they made in their 12b1 argument that they had immunity, they cited 104.001, but it does not speak to immunity. [51:22.280 --> 51:29.280] So maybe there is some immunity somewhere else, but it's not here. [51:29.280 --> 51:31.280] Yeah, maybe. [51:31.280 --> 51:35.280] But they threw it out anyway. [51:35.280 --> 51:41.280] No, I think it's just like you said, it's just a doctrine. It's never found anywhere in law. [51:41.280 --> 51:48.280] Nowhere that I've ever seen or anybody I've ever heard of has ever seen actual immunity. [51:48.280 --> 51:55.280] It's just a doctrine. And they're not about to throw it out. [51:55.280 --> 52:12.280] So if I say, please take judicial notice of the fact that the Constitution is the supreme law of the land, further take judicial notice of your oath to support the Constitution of the United States. [52:12.280 --> 52:17.280] Therefore, I mean, it's a no-brainer. The Constitution holds the most weight. [52:17.280 --> 52:24.280] And if I'm being deprived of any governmental actor, the doctrine doesn't hold the same weight. [52:24.280 --> 52:34.280] I mean, if I argue that, how can they? [52:34.280 --> 52:42.280] I mean, they could only say, no, we disagree that the Constitution is the supreme law of the land, but they can't say that because it is. [52:42.280 --> 52:55.280] I sued these guys and I had the Chief Justice of the Supreme set him up, had him absolutely dead bang. [52:55.280 --> 52:59.280] They did not care. [52:59.280 --> 53:09.280] This case, the Fifth Circuit on a 150-page lawsuit, they said, this case is frivolous, dismissed with prejudice. That was it. [53:09.280 --> 53:12.280] So they had no argument? [53:12.280 --> 53:14.280] They had no argument. They didn't care. [53:14.280 --> 53:16.280] They could not respond. [53:16.280 --> 53:20.280] I backed them in a corner and I didn't give them a way out. [53:20.280 --> 53:23.280] Yeah, and I've done the same thing before too. [53:23.280 --> 53:28.280] Now I'm going to file criminal charges against these judges, but all that will do is annoy them. [53:28.280 --> 53:33.280] However, we did just get a new president. [53:33.280 --> 53:43.280] And when a new president takes office, every U.S. attorney in the country must submit their resignation. [53:43.280 --> 53:54.280] Now, you happen to be in California and the Republican swept the election. [53:54.280 --> 54:01.280] You can be pretty sure that your local U.S. attorney is a Democrat. [54:01.280 --> 54:04.280] And he just has it right now. [54:04.280 --> 54:15.280] He's got to submit his resignation to the new president who is not a happy camper by any means concerning the Democrats. [54:15.280 --> 54:22.280] So this U.S. attorney is going to be on his tippy toes. [54:22.280 --> 54:29.280] So you might try filing criminal charges against the judge with the U.S. attorney. [54:29.280 --> 54:33.280] I have a whole routine of how I do that. [54:33.280 --> 54:35.280] And I'll explain that when I come back. [54:35.280 --> 54:38.280] I see we've got a couple of callers. [54:38.280 --> 54:40.280] We've got a full board. [54:40.280 --> 54:43.280] We've got Dan's back. [54:43.280 --> 54:46.280] Okay, we'll get you guys on the other side. [54:46.280 --> 54:49.280] Oh, no, I'm a minute ahead. [54:49.280 --> 54:53.280] Okay, I'm getting ahead of myself. [54:53.280 --> 54:54.280] Chris. [54:54.280 --> 54:56.280] Do you want me to jump off? [54:56.280 --> 55:00.280] No, no, I want Chris to talk to this. [55:00.280 --> 55:03.280] Chris, are you there? [55:03.280 --> 55:05.280] I'm still awake. [55:05.280 --> 55:08.280] You're still awake? Have you been listening? [55:08.280 --> 55:12.280] Yeah. [55:12.280 --> 55:14.280] What do we do? [55:14.280 --> 55:17.280] How does she handle this? [55:17.280 --> 55:20.280] What's the base topic? I'm a little bit lost. [55:20.280 --> 55:23.280] There's a couple directions it sounds like we're going in. [55:23.280 --> 55:33.280] She claims she couldn't wear a mask because of ADA and sued in the local small claims court. [55:33.280 --> 55:42.280] And the judge said that the chiropractor for this chiropractic office she's trying to get service from [55:42.280 --> 55:46.280] could determine if she was mentally... [55:46.280 --> 55:48.280] Hold on, we'll be right back. [55:48.280 --> 55:52.280] Would you like to make more definite progress in your walk with God? [55:52.280 --> 55:59.280] Bibles for America is offering a free study Bible and a set of free Christian books that can really help. [55:59.280 --> 56:04.280] The New Testament recovery version is one of the most comprehensive study Bibles available today. [56:04.280 --> 56:11.280] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life. [56:11.280 --> 56:16.280] The free books are a three volume set called Basic Elements of the Christian Life. [56:16.280 --> 56:22.280] Chapter by chapter Basic Elements of the Christian Life clearly presents God's plan of salvation, [56:22.280 --> 56:26.280] growing in Christ, and how to build up the church. [56:26.280 --> 56:32.280] To order your free New Testament recovery version and Basic Elements of the Christian Life, [56:32.280 --> 56:39.280] call Bibles for America toll free at 888-551-0102. [56:39.280 --> 56:43.280] That's 888-551-0102. [56:43.280 --> 56:48.280] Or visit us online at bfa.org. [56:48.280 --> 56:54.280] Live, free speech radio, logosradionetwork.com. [57:00.280 --> 57:04.280] The Bill of Rights contains the first ten amendments of our Constitution. [57:04.280 --> 57:08.280] They guarantee the specific freedoms Americans should know and protect. [57:08.280 --> 57:10.280] Our liberty depends on it. [57:10.280 --> 57:16.280] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights. [57:16.280 --> 57:18.280] Privacy is under attack. [57:18.280 --> 57:21.280] When you give up data about yourself, you'll never get it back again. [57:21.280 --> 57:26.280] And once your privacy is gone, you'll find your freedoms will start to vanish too. [57:26.280 --> 57:31.280] So protect your rights, say no to surveillance, and keep your information to yourself. [57:31.280 --> 57:34.280] Privacy, it's worth hanging on to. [57:34.280 --> 57:41.280] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [57:41.280 --> 57:44.280] Start over with Startpage. [57:44.280 --> 57:47.280] Imagine your mom and dad are getting ready for bed. [57:47.280 --> 57:50.280] They pull back the covers and find a third party there. [57:50.280 --> 57:53.280] He announces, I'm with the military and I'm sleeping here tonight. [57:53.280 --> 57:59.280] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent. [57:59.280 --> 58:05.280] It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers. [58:05.280 --> 58:08.280] Third party, Third Amendment? Get it? [58:08.280 --> 58:15.280] So if you answer a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and reread the Third Amendment. [58:15.280 --> 58:20.280] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [58:30.280 --> 58:34.280] The Bill of Rights contains the first ten amendments of our Constitution. [58:34.280 --> 58:39.280] They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it. [58:39.280 --> 58:45.280] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights. [58:45.280 --> 58:51.280] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [58:51.280 --> 58:56.280] And once your privacy is gone, you'll find your freedoms will start to vanish too. [58:56.280 --> 59:01.280] So protect your rights. Say no to surveillance and keep your information to yourself. [59:01.280 --> 59:04.280] Privacy. It's worth hanging on to. [59:04.280 --> 59:11.280] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [59:11.280 --> 59:14.280] Start over with StartPage. [59:15.280 --> 59:20.280] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles. [59:20.280 --> 59:26.280] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure. [59:26.280 --> 59:29.280] Fourth Amendment? Four eyes staring at you? Get it? [59:29.280 --> 59:34.280] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security. [59:34.280 --> 59:38.280] Case in point, TSA airport scanners that peer under your clothing. [59:38.280 --> 59:45.280] When government employees demand a peep at your privates without probable cause, I say it's time to sound the constitutional alarm bells. [59:45.280 --> 59:52.280] Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth. [59:52.280 --> 59:57.280] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:00:15.280 --> 01:00:23.280] These warmongers come by that term rightly. [01:00:27.280 --> 01:00:34.280] I won't pay for the war with my body. Ain't gonna pay for their car with my money. [01:00:34.280 --> 01:00:41.280] I won't pay for the fun with my body. Their plans wicked and their logic shoddy. [01:00:41.280 --> 01:00:46.280] Okay, we are back. Randy Kelton, we're at Fountain Rouge Law Radio. [01:00:46.280 --> 01:00:54.280] Alex, I'm hanging on because frankly, I really like this kind of stuff. [01:00:54.280 --> 01:01:00.280] You're pressing me beyond the limits of my knowledge. [01:01:00.280 --> 01:01:07.280] Chris, okay, she goes to chiropractor. They won't treat her unless she wears a mask. [01:01:07.280 --> 01:01:12.280] She says she has a psychological condition that prevents her from wearing the mask. [01:01:12.280 --> 01:01:17.280] And they say, well, the court, she sues them in the small claims court. [01:01:17.280 --> 01:01:35.280] And the judge said that they claim that they wouldn't treat her until the chiropractor made a determination whether or not she met the ADA requirements. [01:01:35.280 --> 01:01:45.280] And she's saying that requires a psychiatrist, which the chiropractor was not. And that would be legal practice of medicine. [01:01:45.280 --> 01:01:53.280] Yeah, he's not qualified. If there's a requirement, which I doubt there is, I think she's correct, they're not allowed to ask. [01:01:53.280 --> 01:02:02.280] And Alex, I would actually go ahead and get a hold of your ADA Association in California and just drop all this on them. [01:02:02.280 --> 01:02:08.280] They have there's a national and generally there's a state level as well. [01:02:08.280 --> 01:02:12.280] But you have to be patient because a lot of these people are actually severely disabled themselves. [01:02:12.280 --> 01:02:17.280] But they're capable of getting the information. Sometimes you get people who are not. [01:02:17.280 --> 01:02:24.280] But they will give you a list of information of what your rights are in California as far as ADA compliance. [01:02:24.280 --> 01:02:31.280] And they may even have legal assistance to give you further direction. [01:02:31.280 --> 01:02:37.280] Generally, that's what they have. But it's a little disorganized in some places. So you've got to be patient with getting that info. [01:02:37.280 --> 01:02:41.280] But I'm a little confused. So why in small claims? And how far back? [01:02:41.280 --> 01:02:57.280] Well, yeah, that was in 2022. I sued that health care provider in small claims for not providing reasonable accommodation absent of undue hardship and direct threat. [01:02:57.280 --> 01:03:06.280] And so in the court, the judge ruled in their favor used completely inapplicable case law that actually spoke to my favor. [01:03:06.280 --> 01:03:13.280] And because in California, as a losing plaintiff, I cannot appeal a small claims ruling. [01:03:13.280 --> 01:03:21.280] And I had another similar case also in small claims. Then I submitted a complaint to the presiding judge. [01:03:21.280 --> 01:03:36.280] He totally stonewall while he made, I don't know, he made a kind of a clown out of himself by claiming that he's very concerned when citizens think that there is no integrity in the judiciary because I submitted a complaint. [01:03:36.280 --> 01:03:43.280] I kept asking for the lead. Oh, my goodness. And so he's also a defendant. [01:03:43.280 --> 01:03:55.280] And then that's why I'm alleging conspiracy, because they're all kind of like shielding each other from like doing their duties. [01:03:55.280 --> 01:04:03.280] Just talk to everybody who's ever claimed conspiracy in RICO. When you just take on the whole system, you get the whole system against you. [01:04:03.280 --> 01:04:14.280] It's there's a there's a political spin that works a lot better. And that's what Randy is very good at teaching us is you got to figure out the politics of what's going on because you got to play one against the other. [01:04:14.280 --> 01:04:26.280] But I'm curious, Randy, since this is federal issues, these ADA, this is federal. Why would the why would even the small claims consider it? Why would they say they have the authority to consider a federal issue? [01:04:27.280 --> 01:04:37.280] They can if you sue in the state court and you have a state issue and included in that issue is a federal issue. [01:04:37.280 --> 01:04:45.280] If neither party removes to the Fed, the state can hear both the state and the federal issue. [01:04:45.280 --> 01:04:55.280] If you if there are state and federal issues and it's removed to the Fed or filed in the Fed, then the Fed can hear both issues. [01:04:55.280 --> 01:05:06.280] The difference between the two is is that if it's filed in the state and it has federal issues, the defendant has the option of removal. [01:05:06.280 --> 01:05:12.280] If they choose not to exercise that option, then stays in the state. [01:05:13.280 --> 01:05:31.280] To clarify, when I sued, there is California Civil Code 51F as in Frank, and that is incorporating an ADA violation. [01:05:31.280 --> 01:05:46.280] So it is basically it's a California Civil Code that says that you have you have the right for equal access, regardless of race, gender, whatever, and disability. [01:05:46.280 --> 01:05:54.280] And then section subsection F says that a violation of the ADA is also a violation of California Civil Code 51. [01:05:54.280 --> 01:06:00.280] And this is what I sued under in small claims court in California, if that helps. [01:06:00.280 --> 01:06:06.280] Well, I don't know much about small claims. I've only done like rental stuff, but it's probably not the appropriate venue. [01:06:06.280 --> 01:06:09.280] Randy, small claims considered state or is it even a different? [01:06:09.280 --> 01:06:24.280] No, it's considered state. But if there was a state statute that reflected ADA, that may block you from the Fed. [01:06:24.280 --> 01:06:32.280] Because you were actually not making a federal claim, you were making a state claim. [01:06:32.280 --> 01:06:43.280] But I'm not reviving the actual suit. I am saying that I was deprived of my rights by these three individuals. [01:06:43.280 --> 01:06:46.280] And that's what I'm bringing up here. [01:06:47.280 --> 01:06:53.280] If you sued in the state, you chose your venue. [01:06:53.280 --> 01:07:05.280] And if the right you're claiming is protected by both the state and the Fed, and you sued in the state, they're going to say you chose your venue. [01:07:05.280 --> 01:07:11.280] So you would sue under the state right. They're going to say you have the same protection. [01:07:11.280 --> 01:07:16.280] Had you wanted the federal protection, you should have sued in the federal court. [01:07:16.280 --> 01:07:21.280] But your problem was, is the claim wasn't large enough to get you into the federal court. [01:07:21.280 --> 01:07:27.280] So you would have had to sue under ADA. That would have gotten you in. [01:07:27.280 --> 01:07:32.280] But they're going to say you didn't and therefore you chose your venue. So you're stuck with state law. [01:07:32.280 --> 01:07:36.280] That's what I'm relatively certain they would rule. [01:07:36.280 --> 01:07:42.280] Really? Even if I allege the deprivation of rights under 1983? [01:07:42.280 --> 01:07:59.280] If the deprivation of rights has a state protection that's essentially equal to the federal protection, they may not, but they certainly could claim that you chose your venue. [01:07:59.280 --> 01:08:07.280] So you chose the remedy under the state law. Can't now move to the federal law. [01:08:07.280 --> 01:08:13.280] They're going to say you should have chose that venue first. [01:08:13.280 --> 01:08:20.280] And this everyone have seen case law on the if you go to the state court, you don't get what you get the ruling you like. [01:08:20.280 --> 01:08:24.280] You can't just go to the federal court and try the whole thing over again. [01:08:24.280 --> 01:08:27.280] That would be unfair to the litigant. [01:08:27.280 --> 01:08:36.280] Right. And I'm not I'm not doing that. I am claiming deprivation of rights. I'm not reviving the actual. [01:08:36.280 --> 01:08:42.280] No, what I'm saying is you filed in the state court and you claim to deprivation of rights. [01:08:42.280 --> 01:08:54.280] If the state protects the same rights that the Fed does and most of the constitutions are almost identical in that regard, [01:08:54.280 --> 01:08:59.280] then they're going to say that you chose your venue. [01:08:59.280 --> 01:09:07.280] You chose your remedy under state law, which is essentially equal or parallel to federal law. [01:09:07.280 --> 01:09:11.280] So it would be unfair to the defendant. [01:09:11.280 --> 01:09:17.280] So then force him to go back and relitigate his case in the Fed. [01:09:17.280 --> 01:09:21.280] Because you didn't like the ruling in the state, so they're going to say you chose your venue. [01:09:21.280 --> 01:09:24.280] You're stuck with it. [01:09:24.280 --> 01:09:29.280] But we're not relitigating the case. [01:09:29.280 --> 01:09:32.280] I know that, but you're still litigating these. [01:09:32.280 --> 01:09:35.280] This is part of litigating the case. [01:09:35.280 --> 01:09:41.280] And there are there are state remedies for your issues. [01:09:41.280 --> 01:09:44.280] Yeah, there's the Tom Baines Act. So I don't know if that's similar. [01:09:44.280 --> 01:09:56.280] I mean, I'll wait for the magistrate judge to respond and see what he's going to do with my suit. [01:09:56.280 --> 01:10:04.280] They might let you out in the Fed, but I'm going to suggest it's very unlikely they will. [01:10:04.280 --> 01:10:09.280] From what I can see, what do you think, Chris? [01:10:09.280 --> 01:10:13.280] Well, this ADA thing is a new thing to me, but it seems to have a lot of meat. [01:10:13.280 --> 01:10:19.280] When you have a disability, you're a protected class, federally, and the states have expansion on it. [01:10:19.280 --> 01:10:22.280] But apparently, this is a federal issue. [01:10:22.280 --> 01:10:26.280] So Alex, there's a thing called the Disability Rights California. [01:10:26.280 --> 01:10:29.280] I don't know if that's the ADA section for California. [01:10:29.280 --> 01:10:33.280] I would just keep harping on them and don't come at them confrontational. [01:10:33.280 --> 01:10:36.280] Just say, hey, look, my rights are violated. [01:10:37.280 --> 01:10:43.280] I tried to express ADA consideration, and they just bulldozed me, and I need to know what my rights are. [01:10:43.280 --> 01:10:49.280] And they'll send you information to read, and they might even have a legal section to give you some help, to give you some backing. [01:10:49.280 --> 01:10:55.280] Because you do have ground. I'm just hoping you're burning in your statute of limitations. [01:10:55.280 --> 01:11:00.280] Well, yeah, I'm beyond my statute of limitations now. [01:11:00.280 --> 01:11:04.280] I already sued for the issues, so it's like rest jirikata. [01:11:04.280 --> 01:11:07.280] And I believe I know my rights. [01:11:07.280 --> 01:11:22.280] And so now I'm suing the two judges, well, one commissioner, one judge, one presiding judge, for deprivation of rights with my litigation in those courts. [01:11:22.280 --> 01:11:30.280] Okay, well, I'm listening to Chris, and I 100% agree with Chris. [01:11:30.280 --> 01:11:34.280] We have groups that'll help you with this. [01:11:34.280 --> 01:11:40.280] That's why we pay Chris the same amount me and Brett get paid. [01:11:40.280 --> 01:11:47.280] I tell you what, he's doing so good, we'll double your pay. [01:11:47.280 --> 01:11:58.280] Yeah, I agree. They can give you more focused, specific advice in this area than we could. [01:11:58.280 --> 01:12:03.280] And this is part of the politics. You're using the system to your advantage. [01:12:03.280 --> 01:12:10.280] You're not going at the system. You're now going to leverage another part of the system to help you against another part of the system, [01:12:10.280 --> 01:12:14.280] instead of taking them all at once, because you can never defeat them all at once. [01:12:14.280 --> 01:12:17.280] None of us are that big, but this is what the ADA can do. [01:12:17.280 --> 01:12:24.280] They can help you figure out from a reasonable, an honest place, like, hey, what are my rights, or this is what happened? [01:12:24.280 --> 01:12:26.280] And maybe there's a complaint process. [01:12:26.280 --> 01:12:32.280] Maybe there's a way to summon another process here for you to get remedy. [01:12:32.280 --> 01:12:41.280] Yeah, and those bleeding heart, blue-bellied California liberals, that's likely to work in your favor. [01:12:41.280 --> 01:12:47.280] I complain to so many governmental entities about this. I complain to the Department of Public Health. [01:12:47.280 --> 01:12:53.280] I complain to the Civil Rights of California. I complain to the Department of Justice. [01:12:53.280 --> 01:13:02.280] I complain to a federal civil rights department as well. And they all threw it out. [01:13:02.280 --> 01:13:06.280] And I think that's just mass politics. They don't like these claims. [01:13:06.280 --> 01:13:11.280] Well, they don't like work. They don't like working. That's why you have to fish the information out of them. [01:13:11.280 --> 01:13:18.280] If you actually put the heat on them to do their job for you, what they're supposed to do, they're not going to do it. [01:13:18.280 --> 01:13:24.280] They're all lazy. A lot of them are lazy. But if you work it properly, you can put enough heat on it. [01:13:24.280 --> 01:13:31.280] And that's how you get it done. And then you just find out who's the most vulnerable in the end, and that's the person who usually caves. [01:13:31.280 --> 01:13:40.280] Okay. It's probably about as far as we can get with this, Alex. [01:13:40.280 --> 01:13:48.280] Okay. I'm going to take off and thank you so much and talk to you another time. [01:13:48.280 --> 01:13:58.280] Okay. Thank you, Alex. Okay. When we come back, we've got a first-time caller. Chris, I'm going to go to him and just mute the crap out of you. 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[01:14:39.280 --> 01:14:48.280] For more information, please visit ruleoflawradio.com and click on the blue Michael Maris banner or email michaelmaris at yahoo.com. [01:14:48.280 --> 01:14:58.280] 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 collectors now. [01:14:58.280 --> 01:15:03.280] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. [01:15:03.280 --> 01:15:07.280] I'm so addicted to the truth now that there's no going back. I need my truth fixed. [01:15:07.280 --> 01:15:12.280] I'd be lost without logos, and I really want to help keep this network on the air. [01:15:12.280 --> 01:15:15.280] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, [01:15:15.280 --> 01:15:19.280] and I really don't have any money to give because I spend it all on supplements. [01:15:19.280 --> 01:15:21.280] How can I help logos? [01:15:21.280 --> 01:15:26.280] Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos. [01:15:26.280 --> 01:15:28.280] You can order them your supplies or holiday gifts. [01:15:28.280 --> 01:15:30.280] First thing you do is clear your cookies. [01:15:30.280 --> 01:15:36.280] Now, go to logosradio.network.com. Click on the Amazon logo and bookmark it. [01:15:36.280 --> 01:15:42.280] Now, when you order anything from Amazon, you use that link and logos gets a few pesos. [01:15:42.280 --> 01:15:43.280] Do I pay extra? [01:15:43.280 --> 01:15:44.280] No. [01:15:44.280 --> 01:15:46.280] Do I have to do anything different when I order? [01:15:46.280 --> 01:15:47.280] No. [01:15:47.280 --> 01:15:48.280] Can I use my Amazon Prime? [01:15:48.280 --> 01:15:50.280] No. I mean, yes. [01:15:50.280 --> 01:15:56.280] Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much. [01:15:56.280 --> 01:15:57.280] You're welcome. [01:15:57.280 --> 01:15:59.280] Happy holidays, logos. [01:16:14.280 --> 01:16:22.280] You ain't gonna blind me. Don't bore me. [01:16:30.280 --> 01:16:35.280] Ain't gonna fool me with that same old trick again. [01:16:35.280 --> 01:16:40.280] I was blindsided, but now I can see your plan. [01:16:40.280 --> 01:16:45.280] You put the fear in my pocket, took the money from my hand. [01:16:45.280 --> 01:16:50.280] Ain't gonna fool me with that same old trick again. [01:16:54.280 --> 01:16:56.280] Ain't gonna fool me. [01:17:10.280 --> 01:17:15.280] Ain't gonna drop me with that same old sucker punch. [01:17:15.280 --> 01:17:20.280] I get it now, but then I must have been out too much. [01:17:20.280 --> 01:17:24.280] Back then you had room to move, but now you're feeling the grudge. [01:17:24.280 --> 01:17:26.280] Okay, we are back. [01:17:26.280 --> 01:17:29.280] Randy Kelton, Brett Fountain, you La Radio. [01:17:29.280 --> 01:17:34.280] And, uh, oh, okay. [01:17:34.280 --> 01:17:38.280] Catherine in Texas. That's the first time I called her, right? [01:17:41.280 --> 01:17:45.280] Hmm. Yes, that is that first time. [01:17:45.280 --> 01:17:50.280] Okay, Catherine. Chris, Dan, hang on. [01:17:50.280 --> 01:17:55.280] Dan, we're gonna go to you next after Catherine. Catherine's your first time caller. [01:17:55.280 --> 01:17:59.280] We tried to go to you earlier and you had dropped off. [01:17:59.280 --> 01:18:04.280] So as soon as we will, we'll save Chris to last. [01:18:04.280 --> 01:18:07.280] Okay, Catherine. [01:18:07.280 --> 01:18:11.280] What do you have for us? [01:18:11.280 --> 01:18:16.280] Um, so, uh, Kara Bell sent a message in the Telegram channel. [01:18:16.280 --> 01:18:19.280] My son was assaulted by his... [01:18:19.280 --> 01:18:23.280] Wait a minute, wait a minute, hold on. I am having trouble with your fidelity. [01:18:23.280 --> 01:18:27.280] Are you on a Bluetooth or hands-free device? [01:18:27.280 --> 01:18:30.280] Yes, can you hear me better now? [01:18:30.280 --> 01:18:32.280] Okay. That sounds clearer. [01:18:32.280 --> 01:18:37.280] Okay, what we generally do when someone's on with a hands-free device [01:18:37.280 --> 01:18:43.280] is we ask them to beat themselves around the eyes and ears with their phone. [01:18:43.280 --> 01:18:48.280] Okay, go ahead. Let's see if that's better. [01:18:48.280 --> 01:18:50.280] Whoops. [01:18:50.280 --> 01:18:59.280] I didn't really mean for her to beat herself in the head with the phone. [01:18:59.280 --> 01:19:02.280] I was just joking. [01:19:02.280 --> 01:19:08.280] She was busy following your instructions. She accidentally hit the button. [01:19:08.280 --> 01:19:12.280] Okay, Catherine. I didn't really mean for you to bang yourself in the head with the phone. [01:19:12.280 --> 01:19:14.280] So you hung it up. [01:19:14.280 --> 01:19:18.280] I'm very literal. Black and white. [01:19:18.280 --> 01:19:20.280] Okay, you sound much better. [01:19:20.280 --> 01:19:23.280] Okay, what do you have for us today? [01:19:23.280 --> 01:19:31.280] Okay, so my son is a six-year-old first grade student in Lake Travis Elementary [01:19:31.280 --> 01:19:34.280] here in Texas near outside of Austin. [01:19:34.280 --> 01:19:38.280] He was assaulted by his special ed teacher. [01:19:38.280 --> 01:19:43.280] He has a disability that qualifies him for special education. [01:19:43.280 --> 01:19:50.280] There's cameras in the classroom, so it captured all of it on film, like video and audio footage. [01:19:50.280 --> 01:19:54.280] There's no question that it was an assault. [01:19:54.280 --> 01:19:57.280] My son did something, and then the guy attacked him. [01:19:57.280 --> 01:20:02.280] No, it was complete one-sided, basically. [01:20:02.280 --> 01:20:06.280] The guy sat in the classroom for about an hour just goading him, [01:20:06.280 --> 01:20:09.280] trying to get him to react, and my son didn't do anything. [01:20:09.280 --> 01:20:15.280] He ended up grabbing him by his shirt collar and fracturing one of his ribs, [01:20:15.280 --> 01:20:20.280] putting a huge bruise on him, his dougest fingernails in his chest, [01:20:20.280 --> 01:20:25.280] and the Lake Travis Police Department saw the videos and arrested him. [01:20:25.280 --> 01:20:30.280] The problem that I'm running into is I've called probably 10 attorneys that do civil rights [01:20:30.280 --> 01:20:36.280] and just having trouble with taking the case because school districts have immunity. [01:20:36.280 --> 01:20:43.280] The guy was arrested on Wednesday morning and bonded out of the Travis County Jail, the teacher, [01:20:43.280 --> 01:20:52.280] and he was charged with a state jail felony of injury to a child. [01:20:52.280 --> 01:20:55.280] Okay, you mentioned the word immunity. [01:20:55.280 --> 01:21:01.280] Yeah, so the school district itself is like, here's where the immunity is coming in. [01:21:01.280 --> 01:21:06.280] So the district hired this man two weeks before school started. [01:21:06.280 --> 01:21:10.280] He didn't start on the first day of school, which was August 14th. [01:21:10.280 --> 01:21:15.280] He was on medical leave until October 15th. [01:21:15.280 --> 01:21:17.280] So he started October 15th. [01:21:17.280 --> 01:21:20.280] The incident happened October 29th. [01:21:20.280 --> 01:21:25.280] Between that time frame, there was a couple days he was out for doctor's appointments [01:21:25.280 --> 01:21:30.280] and my son was absent for similar things like therapy [01:21:30.280 --> 01:21:33.280] and just refused to go to school because he was terrified of this guy. [01:21:33.280 --> 01:21:39.280] So when the incident happened, this guy had only been his teacher for five days. [01:21:39.280 --> 01:21:46.280] Now, knowing that it's kind of weird for a teacher to snap on a kid that early, [01:21:46.280 --> 01:21:48.280] like he's only been with him for five days, [01:21:48.280 --> 01:21:54.280] I just did a background check search through Google because he has a very unique name. [01:21:54.280 --> 01:21:59.280] And two previous assault arrests popped up from outside the Houston area, [01:21:59.280 --> 01:22:04.280] and both of them were dismissed with anger management courses. [01:22:04.280 --> 01:22:06.280] They were class B misdemeanors. [01:22:06.280 --> 01:22:11.280] But one was from 02 and one was from 2010. [01:22:11.280 --> 01:22:17.280] TEA allowed this man to get his teaching license in 2018 and renew it in 22. [01:22:17.280 --> 01:22:23.280] And TEA also allowed him to teach on an emergency special education permit. [01:22:23.280 --> 01:22:26.280] And so he wasn't really qualified. [01:22:26.280 --> 01:22:32.280] And it seems like Lake Travis ISD, like they do require federal and state fingerprints and backgrounds. [01:22:32.280 --> 01:22:34.280] They do an FBI background check. [01:22:34.280 --> 01:22:36.280] So these things, if I could find them so easily on Google, [01:22:36.280 --> 01:22:39.280] even though they were dismissed charges, they should have popped up. [01:22:39.280 --> 01:22:43.280] And it should have just been like put them in the like, you know, [01:22:43.280 --> 01:22:46.280] do not hire pile of applicants, right? [01:22:46.280 --> 01:22:48.280] But they did not. [01:22:48.280 --> 01:22:55.280] So I'm looking at like the principal who made the hiring decision, HR, [01:22:55.280 --> 01:22:59.280] as well as the district and the superintendent that signed off on the contract, [01:22:59.280 --> 01:23:04.280] like holding them accountable because my son was severely injured [01:23:04.280 --> 01:23:09.280] and now doesn't want to go back to school, even though the guy's not there. [01:23:09.280 --> 01:23:13.280] And it doesn't help that another teacher came in when the episode was going on. [01:23:13.280 --> 01:23:14.280] And she's on the video. [01:23:14.280 --> 01:23:17.280] And the only person that picked up on that was not the campus police people. [01:23:17.280 --> 01:23:23.280] It was the GPS worker who's a former Austin police officer. [01:23:23.280 --> 01:23:25.280] He's in the special investigations unit. [01:23:25.280 --> 01:23:28.280] And they always assign that type of role. [01:23:28.280 --> 01:23:31.280] They have to have a law enforcement background to work in that. [01:23:31.280 --> 01:23:34.280] And he said it's just his beer money, and his wife wants him out of the house. [01:23:34.280 --> 01:23:36.280] So he's retired APD. [01:23:36.280 --> 01:23:39.280] And he picked up like who was that lady coming in? [01:23:39.280 --> 01:23:42.280] And he asked the police officer, and the police officer gave her the name. [01:23:42.280 --> 01:23:47.280] Well, that person that walked in and kind of saw the abuse happening didn't go report it, [01:23:47.280 --> 01:23:50.280] didn't call for help, didn't try to help. [01:23:50.280 --> 01:23:52.280] And she didn't walk in just once. [01:23:52.280 --> 01:23:56.280] She walked in twice and like left the room, but left my son in there. [01:23:56.280 --> 01:24:02.280] And it could have gone on all day, but I picked my son up for an occupational therapy appointment. [01:24:02.280 --> 01:24:06.280] So my son was only at school with this man for an hour before this all happened. [01:24:06.280 --> 01:24:13.280] And that lady is who they assigned to be his new teacher, the one that walked in and did nothing. [01:24:13.280 --> 01:24:15.280] So my son's panicking. [01:24:15.280 --> 01:24:21.280] And he's just an active, sexual boy, but he has visual impairment. [01:24:21.280 --> 01:24:25.280] Like he does not have peripheral vision or depth perception. [01:24:25.280 --> 01:24:28.280] And we're getting vision therapy. His eyes have gotten better. [01:24:28.280 --> 01:24:30.280] He's finally reading, which is amazing. [01:24:30.280 --> 01:24:34.280] But the school doesn't see him as having a problem. [01:24:34.280 --> 01:24:40.280] So they labeled him an emotional disturbance, which I've been fighting them through due process, et cetera, on that. [01:24:40.280 --> 01:24:47.280] They finally have agreed to pay for vision therapy and to write a proper IEP, [01:24:47.280 --> 01:24:54.280] because I believe my son being in this behavior class where they use behaviorism is traumatizing to him [01:24:54.280 --> 01:24:58.280] because he doesn't have behaviors. He just has needs that aren't getting met. [01:24:58.280 --> 01:25:01.280] So that's a whole other side of the law that I'm fighting. [01:25:01.280 --> 01:25:09.280] But this call is mainly about what can I do to hold the school district accountable for hiring someone who is so unqualified to teach students? [01:25:09.280 --> 01:25:21.280] And for TEA even issuing this man a teaching license, knowing that I applied to VSDPA and I had a DWI previously back in college. [01:25:21.280 --> 01:25:28.280] And I had to submit all this stuff to go in front of this board just to even be able to get the card to sit for my exams. [01:25:28.280 --> 01:25:34.280] And it was determined to be OK to have one charge like that. [01:25:34.280 --> 01:25:38.280] And mine had been dismissed with a deferred adjudication as well. [01:25:38.280 --> 01:25:41.280] But it wasn't a crime of moral turpitude. [01:25:41.280 --> 01:25:45.280] So they allowed me to be able to get my CPA license. [01:25:45.280 --> 01:25:55.280] But for a teacher, I would think an assault charge, no matter if it resulted in a conviction or not, should be like an automatic disqualification. [01:25:55.280 --> 01:26:00.280] I would be a little more slow to come to that conclusion. [01:26:00.280 --> 01:26:05.280] I mean, I definitely think it's good that this guy is being held accountable. [01:26:05.280 --> 01:26:08.280] But wait, this guy had two assault charges. [01:26:09.280 --> 01:26:16.280] But charges on their own, or arrests, or even if there were an indictment. [01:26:16.280 --> 01:26:21.280] If there hasn't been a conviction, that doesn't tend to show. [01:26:21.280 --> 01:26:26.280] He pleaded no contest because they got dismissed with anger management because they were class B mismeanors. [01:26:26.280 --> 01:26:28.280] So it's like getting a speeding ticket. [01:26:28.280 --> 01:26:30.280] That's a conviction. [01:26:30.280 --> 01:26:34.280] I'm going to be good for 180 days and then bye. [01:26:34.280 --> 01:26:35.280] Right. [01:26:35.280 --> 01:26:37.280] OK, so there is a conviction then. [01:26:37.280 --> 01:26:38.280] That's good. [01:26:38.280 --> 01:26:41.280] That's not dismissed like he's innocent. [01:26:41.280 --> 01:26:43.280] Yes, correct, correct. [01:26:43.280 --> 01:26:45.280] OK, good. [01:26:45.280 --> 01:26:46.280] OK, hang on. [01:26:46.280 --> 01:26:48.280] We'll pick this up on the other side. [01:26:48.280 --> 01:26:51.280] Randy Kelton, Fountain, Rule of Law Radio. [01:26:51.280 --> 01:26:53.280] We'll be right back. [01:26:53.280 --> 01:26:55.280] Thank you. [01:27:04.280 --> 01:27:09.280] A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff. [01:27:09.280 --> 01:27:15.280] I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny sodas. [01:27:34.280 --> 01:27:41.280] The public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:27:41.280 --> 01:27:44.280] Start over with StartPage. [01:27:44.280 --> 01:27:48.280] Artificial sweeteners cut the calories and help you lose weight, right? [01:27:48.280 --> 01:27:49.280] Wrong. [01:27:49.280 --> 01:27:54.280] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. [01:27:54.280 --> 01:28:01.280] They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all. [01:28:01.280 --> 01:28:08.280] The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars, don't deliver anything to squelch it. [01:28:08.280 --> 01:28:14.280] Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake. [01:28:14.280 --> 01:28:22.280] So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead. [01:28:22.280 --> 01:28:28.280] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:28:29.280 --> 01:28:34.280] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:28:34.280 --> 01:28:36.280] The government says that fire brought it down. [01:28:36.280 --> 01:28:41.280] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:28:41.280 --> 01:28:44.280] Over 6,000 of my fellow service members have given their lives. [01:28:44.280 --> 01:28:47.280] Thousands of my fellow first responders are dying. [01:28:47.280 --> 01:28:48.280] I'm not a conspiracy theorist. [01:28:48.280 --> 01:28:49.280] I'm a structural engineer. [01:28:49.280 --> 01:28:51.280] I'm a New York City correction officer. [01:28:51.280 --> 01:28:52.280] I'm an Air Force pilot. [01:28:52.280 --> 01:28:53.280] I'm a father who lost his son. [01:28:53.280 --> 01:28:56.280] We're Americans, and we deserve the truth. [01:28:56.280 --> 01:28:59.280] Go to RememberBuilding7.org today. [01:29:26.280 --> 01:29:34.280] In conjunction with Rule of Law Radio has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law. 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[01:30:47.280 --> 01:30:59.280] And over the intervals, Brett and I were contemplating on how we can get the TEA deep inside this. [01:30:59.280 --> 01:31:07.280] I have to read the TEA rules and regs. [01:31:07.280 --> 01:31:25.280] What are the hiring, what is the principal required to do, what kinds of checks and balances are in place for a principal when they hire a teacher? [01:31:25.280 --> 01:31:30.280] Looked into that? [01:31:30.280 --> 01:31:40.280] I think I have the code, but I don't have it right off the top of my head, but I have it written down somewhere. [01:31:40.280 --> 01:31:45.280] I'm thinking of how to go for the criminal. [01:31:45.280 --> 01:32:00.280] I'm thinking the woman that did not intervene in the injury of a child. [01:32:00.280 --> 01:32:03.280] Okay, the child had grievous bodily injury. [01:32:03.280 --> 01:32:06.280] That makes it a felony. [01:32:06.280 --> 01:32:10.280] State jail felony that he was arrested for? [01:32:10.280 --> 01:32:12.280] Wait, say that again? [01:32:12.280 --> 01:32:22.280] The educator was arrested on Wednesday for the state jail felony with assault with causing bodily injury to a child. [01:32:22.280 --> 01:32:25.280] So he was arrested on a felony. [01:32:25.280 --> 01:32:32.280] Brett, what is the statute that requires you to report a felony? [01:32:32.280 --> 01:32:35.280] 38.171, is that it? [01:32:35.280 --> 01:32:39.280] No, I haven't looked at that in a while. [01:32:39.280 --> 01:32:53.280] In Texas, if you have knowledge of a felony with bodily injury and you don't report that felony with bodily injury, that's a crime. [01:32:53.280 --> 01:32:57.280] Failure to report felony. [01:32:57.280 --> 01:33:01.280] What does it say? Do you have it in front of you? [01:33:01.280 --> 01:33:09.280] A person commits an offense if the person observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed, [01:33:09.280 --> 01:33:20.280] in which seriously bodily injury or death may have resulted, fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which [01:33:20.280 --> 01:33:24.280] a reasonable person would believe that the commission of the offense had not been reported, [01:33:24.280 --> 01:33:32.280] and the person could immediately report the commission of the offense without placing him or herself in danger or suffering serious bodily injury or death. [01:33:32.280 --> 01:33:36.280] An office under this section is a Class A misdemeanor. [01:33:36.280 --> 01:33:43.280] I would say you got her dead bang. [01:33:43.280 --> 01:33:46.280] Absolutely dead bang. [01:33:46.280 --> 01:33:50.280] You got her on a Class A misdemeanor. [01:33:50.280 --> 01:34:00.280] Now, who can, okay, does this, okay, this is Bee Cave? [01:34:00.280 --> 01:34:07.280] Okay, does Bee Cave have their own security? [01:34:07.280 --> 01:34:11.280] The Lake Travis Independent School District has a police department. [01:34:11.280 --> 01:34:15.280] Oh, they're part of Lake Travis. Oh, good. [01:34:15.280 --> 01:34:20.280] Mr. I-don't-care-fat-ball-guy. [01:34:20.280 --> 01:34:22.280] Yes. [01:34:22.280 --> 01:34:29.280] Send him a criminal complaint against this woman that did not intervene. [01:34:29.280 --> 01:34:41.280] Or better yet, I would, maybe we should do a, we really need Carol on the line. [01:34:41.280 --> 01:34:47.280] She is more familiar with Lake County School District. [01:34:47.280 --> 01:34:59.280] I want to be able to ask, I want to find a magistrate in the school district. [01:34:59.280 --> 01:35:02.280] I have a strategy. [01:35:02.280 --> 01:35:07.280] Okay. [01:35:07.280 --> 01:35:11.280] And I wasn't told by the police officer that she even came in. [01:35:11.280 --> 01:35:13.280] And when I talked to her on Wednesday. [01:35:13.280 --> 01:35:15.280] Okay, I'm on the show, Kara. [01:35:15.280 --> 01:35:16.280] Yes. [01:35:16.280 --> 01:35:18.280] But we've got four people on. [01:35:18.280 --> 01:35:22.280] Alex, Alex, if you can hear me, will you drop off? [01:35:22.280 --> 01:35:29.280] Or Deborah, can you ask Alex to drop off so I can get Kara to come in? [01:35:29.280 --> 01:35:33.280] Deborah's our producer. [01:35:33.280 --> 01:35:35.280] Let me pull her in. [01:35:35.280 --> 01:35:41.280] Alex, are you there? [01:35:41.280 --> 01:35:43.280] She's not there. [01:35:43.280 --> 01:35:47.280] She's just hanging on. [01:35:47.280 --> 01:35:48.280] Yeah. [01:35:48.280 --> 01:35:50.280] Let me. [01:35:50.280 --> 01:35:56.280] Okay, I was going to call you back from Skype and see if I can bring you in. [01:35:56.280 --> 01:36:00.280] So I'm going to hang this up. [01:36:00.280 --> 01:36:01.280] Okay. [01:36:01.280 --> 01:36:03.280] Okay. [01:36:03.280 --> 01:36:10.280] See if you can call Kara. [01:36:10.280 --> 01:36:13.280] I can't give the number out on the air. [01:36:13.280 --> 01:36:16.280] Let's go ahead and we'll try to do this at the next break. [01:36:16.280 --> 01:36:18.280] I've got four minutes. [01:36:18.280 --> 01:36:27.280] If you file a complaint with a magistrate and the magistrate is commanded to issue a warrant. [01:36:27.280 --> 01:36:32.280] And if they don't, then you can sue them personally. [01:36:32.280 --> 01:36:43.280] Kara and I sued the Chief Justice of the Texas Supreme in the federal court because he didn't issue a warrant against the governor. [01:36:43.280 --> 01:36:48.280] He was so pissed. [01:36:48.280 --> 01:36:53.280] So who in the TEA? [01:36:53.280 --> 01:37:02.280] Is there anybody in the TEA that would have that standing? [01:37:02.280 --> 01:37:05.280] I know Kara has a contact in TEA. [01:37:06.280 --> 01:37:12.280] So I reached out to a TEA guy because I had a complaint open. [01:37:12.280 --> 01:37:19.280] And I just asked him, because the district had cameras in the classroom last year with my son. [01:37:19.280 --> 01:37:31.280] And the way I interpreted the education code with the special ed self-contained cameras in the classroom was that unless your child changes placement, you don't have to re-request them. [01:37:31.280 --> 01:37:33.280] And they should just be on. [01:37:33.280 --> 01:37:35.280] So I had to install them and everything last year. [01:37:35.280 --> 01:37:37.280] It took like six weeks. [01:37:37.280 --> 01:37:39.280] Well, my child has not changed his placement. [01:37:39.280 --> 01:37:48.280] So I thought they would be on, but they actually were not turned on until right before this event happened. [01:37:48.280 --> 01:37:56.280] So anyways, I emailed the TEA guy and he's a camera, you know, he investigates the camera stuff. [01:37:56.280 --> 01:37:58.280] And then I asked, like, could you clarify? [01:37:58.280 --> 01:38:02.280] I think it's 29.022A. [01:38:02.280 --> 01:38:14.280] And I said, it's not clear whether districts can make parents request these. [01:38:14.280 --> 01:38:16.280] Hey, Catherine, we can't hear you. [01:38:16.280 --> 01:38:21.280] Did you just mute yourself? [01:38:21.280 --> 01:38:24.280] Yeah, I did mute myself. [01:38:24.280 --> 01:38:35.280] She was talking about that the cameras are supposed to always be on. [01:38:35.280 --> 01:38:40.280] And in this particular situation, they had them off. [01:38:40.280 --> 01:38:45.280] And then they just, the part that she got, they turned it on right then. [01:38:45.280 --> 01:38:49.280] And then they saw this horrible stuff happening. [01:38:49.280 --> 01:38:53.280] But there was other time that was not recorded. [01:38:53.280 --> 01:38:54.280] They had it turned off. [01:38:54.280 --> 01:38:56.280] And she was asking why. [01:38:56.280 --> 01:39:08.280] And they have some sort of a policy that if the kid changes to a different, I don't know what she meant by a different situation, [01:39:08.280 --> 01:39:18.280] like in a different, if something happens to change, like the environment, maybe the teachers or the rooms or something. [01:39:18.280 --> 01:39:21.280] But none of that had changed. [01:39:22.280 --> 01:39:28.280] So there was no reason why anybody should have turned off those cameras. [01:39:28.280 --> 01:39:31.280] Okay. [01:39:31.280 --> 01:39:34.280] I'm thinking, how do we bind these guys up? [01:39:34.280 --> 01:39:37.280] They had the cameras on. [01:39:37.280 --> 01:39:40.280] Who looked at the cameras? [01:39:40.280 --> 01:39:42.280] Oh, wait, did we lose Catherine? [01:39:42.280 --> 01:39:43.280] Yeah, that's what I was saying. [01:39:43.280 --> 01:39:48.280] She's maybe got herself muted on her end or something. [01:39:48.280 --> 01:39:50.280] No, she's gone off the board. [01:39:50.280 --> 01:39:53.280] No, I see her here. [01:39:53.280 --> 01:39:54.280] Oh, there she's back. [01:39:54.280 --> 01:39:55.280] Okay. [01:39:55.280 --> 01:39:56.280] Mine hadn't refreshed. [01:39:56.280 --> 01:39:57.280] There we go. [01:39:57.280 --> 01:39:58.280] Hey, Catherine. [01:39:58.280 --> 01:40:00.280] Hey, I don't know what you all heard. [01:40:00.280 --> 01:40:01.280] All right. [01:40:01.280 --> 01:40:07.280] But I just said, Kara might have a contact at TEA that knows if there's a magistrate or someone with that standing in TEA. [01:40:07.280 --> 01:40:10.280] Here's what I'm thinking. [01:40:10.280 --> 01:40:15.280] Somebody turned that camera on and they saw this occur? [01:40:15.280 --> 01:40:17.280] Did they report this? [01:40:17.280 --> 01:40:21.280] The attorneys for the district saw it first on Halloween morning. [01:40:21.280 --> 01:40:23.280] And this was two days after it happened. [01:40:23.280 --> 01:40:24.280] No, wait, wait, wait. [01:40:24.280 --> 01:40:26.280] No, the attorneys didn't see it first. [01:40:26.280 --> 01:40:29.280] Somebody had to know to show it to the attorneys. [01:40:29.280 --> 01:40:31.280] No. [01:40:31.280 --> 01:40:35.280] The IT people got a hold of it and it was in a weird format. [01:40:35.280 --> 01:40:38.280] And they said, we're sending it to the attorney for review first. [01:40:38.280 --> 01:40:41.280] And then the district didn't see it because the police officer gave me the timeline. [01:40:41.280 --> 01:40:49.280] He said the police chief and the district got the email like at noon and the police chief didn't get a chance to look at it till about 4 p.m. [01:40:49.280 --> 01:40:52.280] But maybe the superintendent... [01:40:52.280 --> 01:40:54.280] So maybe the attorneys can be in trouble too. [01:40:54.280 --> 01:40:55.280] So all right. [01:40:55.280 --> 01:40:57.280] We'll talk some more about that on the other side. [01:40:57.280 --> 01:40:58.280] Hold on. [01:40:58.280 --> 01:41:02.280] Do you have a business with five employees or more? [01:41:02.280 --> 01:41:06.280] How would you like to save hundreds of thousands of dollars in FICA taxes? [01:41:06.280 --> 01:41:10.280] Do you have a major medical plan that nobody can afford to be on? [01:41:10.280 --> 01:41:17.280] Or how would you like to save in premium costs on a current major medical plan by lowering the claims cost? 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[01:42:14.280 --> 01:42:18.280] If you have a lawyer, know what your lawyer should be doing. [01:42:18.280 --> 01:42:21.280] If you don't have a lawyer, know what you should do for yourself. [01:42:21.280 --> 01:42:26.280] Thousands have won with our step-by-step course, and now you can too. [01:42:26.280 --> 01:42:33.280] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:42:33.280 --> 01:42:42.280] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:42:42.280 --> 01:42:51.280] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:42:51.280 --> 01:43:00.280] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:43:04.280 --> 01:43:08.280] Well, you know karma is lurking around the corner. [01:43:08.280 --> 01:43:12.280] You better watch every step you take. [01:43:12.280 --> 01:43:16.280] And you didn't put me to follow you. [01:43:16.280 --> 01:43:18.280] Yeah. [01:43:18.280 --> 01:43:26.280] Yeah, but Jerry, see reality. [01:43:26.280 --> 01:43:29.280] Okay, karma is lurking around the corner. [01:43:29.280 --> 01:43:31.280] Sing, Jerry, come on. [01:43:31.280 --> 01:43:38.280] As we sow, so shall we reap. [01:43:38.280 --> 01:43:45.280] So many crucial works get put on hold while we seek. [01:43:45.280 --> 01:43:53.280] Try as we will, to miss her small steps to giant knees. [01:43:53.280 --> 01:43:59.280] As we sow, so shall we reap. [01:43:59.280 --> 01:44:06.280] Listen, listen to this song. [01:44:06.280 --> 01:44:11.280] Karma is lurking around the corner. [01:44:11.280 --> 01:44:17.280] Living on your souls, not just all nighter. [01:44:17.280 --> 01:44:20.280] One by one, my friend, tell everybody. [01:44:20.280 --> 01:44:21.280] Okay, we are back. [01:44:21.280 --> 01:44:24.280] Randy Kelton, Brett Fountain, Rule of Law Radio. [01:44:24.280 --> 01:44:26.280] And we have an interesting case here. [01:44:26.280 --> 01:44:30.280] Now we have Ms. Kara on the line. [01:44:30.280 --> 01:44:34.280] For those of you who don't know, when I sued all these judges, [01:44:34.280 --> 01:44:38.280] Kara was my co-defendant, co-plaintiff. [01:44:38.280 --> 01:44:40.280] And we're not done with these guys yet. [01:44:40.280 --> 01:44:48.280] So we got, I'm thinking in terms of the law itself. [01:44:48.280 --> 01:44:54.280] This video captured this action. [01:44:54.280 --> 01:45:03.280] This woman observed this action taking place and she didn't report it. [01:45:03.280 --> 01:45:12.280] The lawyers for the, excuse me, lawyers for the school? [01:45:12.280 --> 01:45:15.280] The district, yeah, the school district. [01:45:16.280 --> 01:45:27.280] They saw this and they didn't report this woman for not reporting the felony. [01:45:27.280 --> 01:45:34.280] And they saw it, but they did give the video to the police. [01:45:34.280 --> 01:45:38.280] So they reported it to the police. [01:45:38.280 --> 01:45:42.280] Yeah, they gave it to the police chief and the district. [01:45:42.280 --> 01:45:45.280] The police got it. [01:45:45.280 --> 01:45:47.280] And they arrested the guy who did this, [01:45:47.280 --> 01:45:57.280] but they didn't arrest the one who saw it and didn't intervene, didn't report it. [01:45:57.280 --> 01:45:59.280] That's like class A. [01:45:59.280 --> 01:46:02.280] So we go after, I want to go after it. [01:46:02.280 --> 01:46:08.280] You need somebody in the district to go after. [01:46:08.280 --> 01:46:13.280] Okay, go after the chief. [01:46:13.280 --> 01:46:17.280] Shielded this woman from prosecution. [01:46:17.280 --> 01:46:21.280] 3805 Penal Code. [01:46:21.280 --> 01:46:24.280] That's the fat bald guy, right Kara? [01:46:24.280 --> 01:46:26.280] Yes, Chief Andy Michael. [01:46:26.280 --> 01:46:33.280] He's the one that was forced to resign from Austin PD for falsifying records. [01:46:33.280 --> 01:46:37.280] So that's an act of moral turpitude. [01:46:42.280 --> 01:46:47.280] I went after our local sheriff because he divorced his wife, [01:46:47.280 --> 01:46:49.280] because she caught him cheating with someone else. [01:46:49.280 --> 01:46:51.280] And that's an act of moral turpitude. [01:46:51.280 --> 01:46:54.280] Oh, I've had fun with that one. [01:46:54.280 --> 01:46:59.280] But if you file criminal charges against the chief of police [01:46:59.280 --> 01:47:05.280] for not giving notice of crime against the woman who observed this [01:47:05.280 --> 01:47:09.280] and didn't intervene and didn't report it, [01:47:09.280 --> 01:47:13.280] that ties the school board in, the school itself. [01:47:13.280 --> 01:47:15.280] Now they become suable. [01:47:15.280 --> 01:47:16.280] Right. [01:47:16.280 --> 01:47:19.280] And we have a second case that, she's not on the phone, [01:47:19.280 --> 01:47:27.280] but it happened at another school where a police officer and a teacher [01:47:27.280 --> 01:47:35.280] were seen in a video not intervening when 15 students surrounded a young girl [01:47:35.280 --> 01:47:38.280] and were bullying and harassing her. [01:47:38.280 --> 01:47:43.280] So it's like, it's a repeated behavior. [01:47:43.280 --> 01:47:48.280] Now we get to a private attorney general suit. [01:47:48.280 --> 01:47:50.280] Okay. [01:47:50.280 --> 01:47:58.280] Okay, Catherine, are you familiar with a private attorney general suit? [01:47:58.280 --> 01:47:59.280] Oh, she's muted. [01:47:59.280 --> 01:48:00.280] She's muted. [01:48:00.280 --> 01:48:03.280] We lost her again. [01:48:03.280 --> 01:48:06.280] I'm sure she'll call back. [01:48:06.280 --> 01:48:10.280] But Kara, talk to her about a private attorney general suit. [01:48:10.280 --> 01:48:12.280] Okay, there she is. [01:48:12.280 --> 01:48:14.280] Okay. [01:48:14.280 --> 01:48:22.280] Catherine, are you familiar with a private attorney general suit? [01:48:22.280 --> 01:48:25.280] No, I'm not. [01:48:25.280 --> 01:48:26.280] Let me explain that to you. [01:48:26.280 --> 01:48:31.280] Kara tells us there's another occurrence where a police officer [01:48:31.280 --> 01:48:39.280] and a teacher observed an assault by 15 guys on a girl and did not intervene. [01:48:39.280 --> 01:48:41.280] Yeah. [01:48:41.280 --> 01:48:44.280] Apparently, this is an ongoing problem. [01:48:44.280 --> 01:48:45.280] Yeah. [01:48:45.280 --> 01:48:54.280] What the courts have said is that if something occurs that's not of such a grand nature [01:48:54.280 --> 01:49:02.280] that it's worth $15,000 to $20,000 for somebody to try to sue and correct a problem, [01:49:02.280 --> 01:49:09.280] like you get a ticket for something that's not illegal, that's 300 or 400 bucks. [01:49:09.280 --> 01:49:12.280] That's not worth a major lawsuit. [01:49:12.280 --> 01:49:19.280] So what they will allow someone to do is sue in their behalf [01:49:19.280 --> 01:49:24.280] and on the behalf of all others similarly situated, [01:49:24.280 --> 01:49:29.280] so that if they win a judgment for themselves and everybody else, [01:49:29.280 --> 01:49:36.280] they keep the judgment to cover their litigation cost. [01:49:36.280 --> 01:49:45.280] So that means you can sue for these two and all the others that you have not discovered yet. [01:49:45.280 --> 01:49:51.280] And then there you go to discovery of all of their videos, [01:49:51.280 --> 01:50:01.280] all of the instances where someone has been subjected to assault by students or teachers [01:50:01.280 --> 01:50:07.280] or even police and it has not been reported. [01:50:07.280 --> 01:50:13.280] That way you get to raise the number high enough that you got their attention. [01:50:13.280 --> 01:50:23.280] And then we go in and start like here the chief observed this woman who saw this occurring and didn't report it, [01:50:23.280 --> 01:50:30.280] did not intervene, which he certainly has a right to do, but not a... [01:50:30.280 --> 01:50:33.280] Now the civic duty, she may have a professional duty, [01:50:33.280 --> 01:50:46.280] haven't looked at the required that a teacher's duty or a school employee's duty to intervene when a child's being harmed. [01:50:46.280 --> 01:50:54.280] Let's say you have one student beating up another student and a teacher comes out and sees this. [01:50:54.280 --> 01:51:04.280] Is the teacher required to intervene by TEA rules? [01:51:04.280 --> 01:51:11.280] You need to find that. If they are, that brings in TEA and the school. [01:51:11.280 --> 01:51:19.280] And almost certain that's going to be a requirement. [01:51:19.280 --> 01:51:28.280] You can't be an adult in the second grade and have a fifth grader beating the crap out of a second grader and not intervene. [01:51:28.280 --> 01:51:30.280] Yeah, right. [01:51:30.280 --> 01:51:32.280] That has to be there. [01:51:32.280 --> 01:51:36.280] There's another element to this that I wanted to talk about. [01:51:36.280 --> 01:51:46.280] So on the day of the incident, I picked up my son approximately 30 minutes, 45 minutes after this started [01:51:46.280 --> 01:51:51.280] because I only left him at school for about an hour before we had a medical appointment. [01:51:51.280 --> 01:51:57.280] I sent an email like 10 minutes after picking him up at school, [01:51:57.280 --> 01:52:03.280] so about an hour after the event occurred to do a PIA request immediately for the video footage. [01:52:03.280 --> 01:52:09.280] And I said, due to a fact that a teacher physically beat my child, included the picture, right? [01:52:09.280 --> 01:52:12.280] Which was undoubtedly like, I mean, Tara's seen the picture. [01:52:12.280 --> 01:52:17.280] His upper chest is bruised the size of a handprint, an adult handprint. [01:52:17.280 --> 01:52:25.280] My child's 50 pounds, this guy's 300 pounds, 5'10", and his shirt is ripped with three buttons ripped off. [01:52:25.280 --> 01:52:29.280] So I'm glad he wore a dress shirt that day. He wanted to wear one. [01:52:29.280 --> 01:52:32.280] Okay, a question. [01:52:32.280 --> 01:52:43.280] So when I sent that PIA request, the police chief sent the campus police officer a note and said, go pull the hallway footage. [01:52:43.280 --> 01:52:47.280] So when he pulled the hallway footage, he saw him dragging my son down the hall. [01:52:47.280 --> 01:52:53.280] And it was enough to initiate an investigation, not enough to make a full case for assault. [01:52:53.280 --> 01:52:55.280] But he said, I want to know what happened in the classroom. [01:52:55.280 --> 01:53:00.280] That mom, because I told him last year I put in cameras in the classroom because I kind of talked to the police officer. [01:53:00.280 --> 01:53:05.280] My child likes to run to make sure he doesn't get off campus, like, you know, just kind of making friends with them. [01:53:05.280 --> 01:53:10.280] And he actually looks out for my son and likes them like he thinks he's funny. [01:53:10.280 --> 01:53:14.280] But they had enough suspicion to start an investigation. [01:53:14.280 --> 01:53:22.280] The district did not place the teacher on administrative leave until two days later when they got the classroom footage. [01:53:22.280 --> 01:53:29.280] I think that's a problem because that means the next two days my son went to school and he could have been with this guy. [01:53:29.280 --> 01:53:36.280] But there was enough to initiate an investigation, but not enough to, you know, do an affidavit for a warrant for arrest. [01:53:36.280 --> 01:53:45.280] You had a teacher or a school employee who observed this and left this child at risk for two days. [01:53:45.280 --> 01:53:46.280] Exactly. [01:53:46.280 --> 01:53:47.280] Right. Correct. [01:53:47.280 --> 01:53:51.280] That's also what I wanted to tell you all. [01:53:52.280 --> 01:54:02.280] The observation was she unlocked a door between classrooms and watched as my son got thrown in and then shut the door and went back to teaching. [01:54:02.280 --> 01:54:12.280] She didn't go call for help, didn't do anything because the assault where like the chest thing happened about 25 minutes after that. [01:54:12.280 --> 01:54:14.280] So she could have prevented that. [01:54:14.280 --> 01:54:16.280] In that 25 minutes, this guy was yelling, screaming. [01:54:16.280 --> 01:54:21.280] He flipped over a table, shoved it at my son because my son was trying to hide behind a table. [01:54:21.280 --> 01:54:23.280] And he made him run. [01:54:23.280 --> 01:54:31.280] Like if my son wouldn't have run away, he would have gotten smushed by a table because this guy's 300 pounds kicking a table with force, you know, towards my son. [01:54:31.280 --> 01:54:34.280] It's split across the floor. [01:54:34.280 --> 01:54:36.280] So like this is loud, basically. [01:54:36.280 --> 01:54:40.280] And she's in the classroom next door and did nothing, which really bothered me. [01:54:41.280 --> 01:54:51.280] And that really bothered me that the district, because there was suspicion from the police and then the educators that actually, you know, did the assault. [01:54:51.280 --> 01:54:57.280] He called the principal because she was off campus at a CPI training, which is restraint, ironically. [01:54:57.280 --> 01:54:58.280] Right. [01:54:58.280 --> 01:55:05.280] So he called his principal and said, I'm not coming back after lunch and just didn't come back. [01:55:05.280 --> 01:55:13.280] So there's like all these little nuances that kind of it's like they're all complicit and try to figure out their lives and figure out their cover up. [01:55:13.280 --> 01:55:16.280] But when you see the classroom video, there's no doubt. [01:55:16.280 --> 01:55:22.280] And I viewed it Wednesday with the assistant superintendent and the director of special services. [01:55:22.280 --> 01:55:24.280] They're both crying and they were like, none of this is OK. [01:55:24.280 --> 01:55:26.280] None of it's OK. [01:55:26.280 --> 01:55:29.280] So there's no way to lie and cover it up at that point. [01:55:29.280 --> 01:55:30.280] OK, OK. [01:55:30.280 --> 01:55:32.280] This guy, this guy, he's stuck to it. [01:55:32.280 --> 01:55:33.280] He can't get unstuck. [01:55:33.280 --> 01:55:37.280] The one I'm trying, I'm trying to stick the TEA to it. [01:55:37.280 --> 01:55:38.280] Yeah. [01:55:38.280 --> 01:55:45.280] And the second teacher who observed it, he's and the chief of police is going to stick the TEA to it. [01:55:45.280 --> 01:55:46.280] Hang on. [01:55:46.280 --> 01:55:48.280] We'll be right back. [01:55:48.280 --> 01:55:56.280] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [01:55:56.280 --> 01:56:04.280] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. [01:56:04.280 --> 01:56:07.280] Enter the recovery version. [01:56:07.280 --> 01:56:16.280] First, this new translation is extremely faithful and accurate, but the real story is the more than 9000 explanatory footnotes. [01:56:16.280 --> 01:56:20.280] Difficult and profound passages are opened up in a marvelous way, [01:56:20.280 --> 01:56:26.280] providing an entrance into the riches of the word beyond which you've ever experienced before. [01:56:26.280 --> 01:56:31.280] Bibles for America would like to give you a free recovery version simply for the asking. [01:56:31.280 --> 01:56:42.280] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [01:56:42.280 --> 01:56:46.280] or by ordering online at freestudybible.com. [01:56:46.280 --> 01:56:49.280] That's freestudybible.com. [01:56:50.280 --> 01:56:55.280] You are listening to the Logos Radio Network, logosradionetwork.com. [01:57:00.280 --> 01:57:04.280] The Bill of Rights contains the first ten amendments of our Constitution. [01:57:04.280 --> 01:57:08.280] They guarantee the specific freedoms Americans should know and protect. [01:57:08.280 --> 01:57:10.280] Our liberty depends on it. [01:57:10.280 --> 01:57:15.280] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights. [01:57:15.280 --> 01:57:17.280] Privacy is under attack. [01:57:17.280 --> 01:57:20.280] When you give up data about yourself, you'll never get it back again. [01:57:20.280 --> 01:57:25.280] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:57:25.280 --> 01:57:30.280] So protect your rights, say no to surveillance, and keep your information to yourself. [01:57:30.280 --> 01:57:33.280] Privacy, it's worth hanging on to. [01:57:33.280 --> 01:57:37.280] This public service announcement is brought to you by Startpage.com, [01:57:37.280 --> 01:57:41.280] the private search engine alternative to Google, Yahoo, and Bing. [01:57:41.280 --> 01:57:44.280] Start over with Startpage. [01:57:44.280 --> 01:57:46.280] Spar, it's what fighters do. [01:57:46.280 --> 01:57:50.280] It's also how I remember the five guarantees of the First Amendment. [01:57:50.280 --> 01:57:53.280] If you plan to take away my rights, I'm going to spar with you. [01:57:53.280 --> 01:57:55.280] Spar with an extra P. [01:57:55.280 --> 01:58:01.280] S for speech, P for press, another P for petition, A for assembly, and R for religion. [01:58:01.280 --> 01:58:07.280] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion. [01:58:07.280 --> 01:58:09.280] But petition for redress is another matter. [01:58:09.280 --> 01:58:13.280] We have the right to petition the government for a redress of grievances. [01:58:13.280 --> 01:58:16.280] It means that if we're unhappy with what's going on in our government, [01:58:16.280 --> 01:58:20.280] we can spell out the reasons without fear of being thrown into jail. [01:58:20.280 --> 01:58:25.280] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:58:29.280 --> 01:58:33.280] The Bill of Rights contains the first ten amendments of our Constitution. [01:58:33.280 --> 01:58:37.280] They guarantee the specific freedoms Americans should know and protect. [01:58:37.280 --> 01:58:39.280] Our liberty depends on it. [01:58:39.280 --> 01:58:45.280] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights. [01:58:45.280 --> 01:58:47.280] Privacy is under attack. [01:58:47.280 --> 01:58:51.280] When you give up data about yourself, you'll never get it back again. [01:58:51.280 --> 01:58:55.280] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:58:55.280 --> 01:59:01.280] So protect your rights, say no to surveillance, and keep your information to yourself. [01:59:01.280 --> 01:59:03.280] Privacy, it's worth hanging on to. [01:59:03.280 --> 01:59:07.280] This public service announcement is brought to you by StartPage.com, [01:59:07.280 --> 01:59:11.280] a private search engine alternative to Google, Yahoo, and Bing. [01:59:11.280 --> 01:59:14.280] Start over with StartPage. [01:59:14.280 --> 01:59:21.280] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill of Rights in a big old bear hug. [01:59:21.280 --> 01:59:25.280] It's how I remember that the Second Amendment guarantees us the right to bear arms, [01:59:25.280 --> 01:59:29.280] arms that embrace our freedoms and won't let anyone take them away without a fight. [01:59:29.280 --> 01:59:33.280] Get it? Two arms, bear hug, bear arms? [01:59:33.280 --> 01:59:38.280] Tonight, Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said, [01:59:38.280 --> 01:59:43.280] the right of the citizens to bear arms is just one guarantee against arbitrary government, [01:59:43.280 --> 01:59:47.280] one more safeguard against the tyranny which now appears remote in America, [01:59:47.280 --> 01:59:50.280] but which historically has proved to always be possible. [01:59:50.280 --> 01:59:55.280] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [02:00:03.280 --> 02:00:10.280] Yeah [02:00:16.280 --> 02:00:20.280] Well, I received my remedy today [02:00:20.280 --> 02:00:24.280] It came in a box just like they say [02:00:24.280 --> 02:00:27.280] I accept it for value right away [02:00:27.280 --> 02:00:31.280] If not sooner, not later [02:00:31.280 --> 02:00:33.280] We are originators [02:00:33.280 --> 02:00:38.280] And the pathway seems to get straighter every day [02:00:38.280 --> 02:00:42.280] And I can take anything that belongs to me [02:00:42.280 --> 02:00:45.280] And put it to good use [02:00:45.280 --> 02:00:48.280] What I was good for, the gander [02:00:48.280 --> 02:00:52.280] Is gonna work for the goose [02:00:52.280 --> 02:00:56.280] I know some architects [02:00:56.280 --> 02:01:00.280] I know some engineers [02:01:00.280 --> 02:01:03.280] They've seen the evidence [02:01:03.280 --> 02:01:08.280] Okay, howdy, howdy, Randy Kelton, Rhett Fountain, Rural World Radio [02:01:08.280 --> 02:01:14.280] On this Friday, the 8th day of November 2024 [02:01:14.280 --> 02:01:17.280] And we're talking to Catherine in Texas [02:01:17.280 --> 02:01:20.280] And Catherine, where I'm going [02:01:20.280 --> 02:01:27.280] Is I'm looking for a way to draw the school in to liability [02:01:27.280 --> 02:01:29.280] Is obviously a way [02:01:29.280 --> 02:01:32.280] And looks like we may have a couple [02:01:32.280 --> 02:01:35.280] I'm thinking this, okay, you're the chief of police [02:01:35.280 --> 02:01:38.280] It's your duty to enforce law [02:01:38.280 --> 02:01:43.280] You get this tape, I need to back up this [02:01:43.280 --> 02:01:51.280] Nobody, I take it nobody looked at this tape until this video until you raised an issue [02:01:51.280 --> 02:01:54.280] Is that correct? [02:01:54.280 --> 02:01:56.280] Yes, that's correct [02:01:56.280 --> 02:02:00.280] So the video was there but nobody looked at it [02:02:00.280 --> 02:02:06.280] And the teacher next door knew that this child was put in, was injured [02:02:06.280 --> 02:02:10.280] And left the child in harm's way [02:02:10.280 --> 02:02:12.280] Correct [02:02:12.280 --> 02:02:15.280] It failed to report it [02:02:15.280 --> 02:02:21.280] Now the teacher is just, okay, he's screwed up, he's got issues, he's got problems [02:02:21.280 --> 02:02:25.280] With the restraint that was used, like they never [02:02:25.280 --> 02:02:30.280] So there's a Texas education code that they have to make [02:02:30.280 --> 02:02:33.280] Good faith effort to notify the parent the same day [02:02:33.280 --> 02:02:38.280] In which like an immobilization technique restraint or seclusion is used [02:02:38.280 --> 02:02:42.280] They also have to send something in writing within 24 hours [02:02:42.280 --> 02:02:46.280] And then they have to put it in the mail or on like via email, right [02:02:46.280 --> 02:02:49.280] So none of that was done [02:02:49.280 --> 02:02:52.280] And the method in which he used is not an approved method [02:02:52.280 --> 02:02:55.280] And he had used it the week prior where there was no cameras [02:02:55.280 --> 02:02:57.280] And I had questioned the assistant principal [02:02:57.280 --> 02:03:00.280] And she said, oh, it's a technique of restraint [02:03:00.280 --> 02:03:03.280] But what I was told because my son has been restrained before [02:03:03.280 --> 02:03:05.280] Is there always has to be two [02:03:05.280 --> 02:03:08.280] Like there can never be one person alone with a student doing [02:03:08.280 --> 02:03:09.280] Exactly [02:03:09.280 --> 02:03:10.280] You know, an immobilization [02:03:10.280 --> 02:03:14.280] So this guy did that, he threw my son in on the floor [02:03:14.280 --> 02:03:17.280] And this lady watched that and then she closed the door [02:03:17.280 --> 02:03:19.280] That separated the classrooms, right? [02:03:19.280 --> 02:03:21.280] It was like an adjoining [02:03:21.280 --> 02:03:24.280] Well, I'm looking at this lady [02:03:24.280 --> 02:03:29.280] As he's worse than the guy who did this [02:03:29.280 --> 02:03:32.280] The guy who did this has got issues [02:03:32.280 --> 02:03:34.280] Okay, he's kind of nuts [02:03:34.280 --> 02:03:38.280] The teacher next door is not [02:03:38.280 --> 02:03:45.280] Now, if I see an adult being abused by another adult [02:03:45.280 --> 02:03:48.280] It's bad enough for me to stand by [02:03:48.280 --> 02:03:53.280] But if I see a child who's under my care [02:03:53.280 --> 02:03:58.280] Being harmed by another adult [02:03:58.280 --> 02:04:01.280] Cannot intervene [02:04:01.280 --> 02:04:04.280] Just today I was [02:04:04.280 --> 02:04:06.280] Just before we took [02:04:06.280 --> 02:04:08.280] Hold on, hold on [02:04:08.280 --> 02:04:10.280] If I'm talking and you talk [02:04:10.280 --> 02:04:13.280] This system pushes you down underneath me [02:04:13.280 --> 02:04:19.280] So there's a statute I looked up in Colorado [02:04:19.280 --> 02:04:23.280] And it's a statute that requires a policeman [02:04:23.280 --> 02:04:26.280] If they observe another policeman [02:04:26.280 --> 02:04:29.280] In performing his duty who uses excessive force [02:04:29.280 --> 02:04:32.280] They are required to report it [02:04:32.280 --> 02:04:35.280] And it came about over a video of [02:04:35.280 --> 02:04:38.280] A guy calls a policeman for assistance [02:04:38.280 --> 02:04:42.280] He's arresting this 80-year-old woman with dementia [02:04:42.280 --> 02:04:45.280] This female policeman helps arrest her [02:04:45.280 --> 02:04:47.280] And put her in the car and they wind up [02:04:47.280 --> 02:04:50.280] Breaking her wrist because she's got [02:04:50.280 --> 02:04:52.280] What do you call it, bread? [02:04:52.280 --> 02:04:54.280] Little bones [02:04:54.280 --> 02:04:57.280] Oh, osteoporosis [02:04:57.280 --> 02:04:59.280] And they show her in [02:04:59.280 --> 02:05:01.280] She's in the cell moaning in pain [02:05:01.280 --> 02:05:03.280] And these two cops are talking about this and laughing [02:05:03.280 --> 02:05:06.280] Okay, six months later [02:05:06.280 --> 02:05:09.280] I see another video about this same thing [02:05:09.280 --> 02:05:13.280] The female policeman who helped arrest this one [02:05:13.280 --> 02:05:17.280] She didn't know what originated all of this [02:05:17.280 --> 02:05:21.280] She only participated in the arrest itself [02:05:21.280 --> 02:05:25.280] She got 180 days in jail [02:05:25.280 --> 02:05:27.280] I thought it was a year and a half [02:05:27.280 --> 02:05:31.280] It was 18 months [02:05:31.280 --> 02:05:32.280] Might have been 18 [02:05:32.280 --> 02:05:33.280] That was serious [02:05:33.280 --> 02:05:35.280] I was thinking, I wasn't sure [02:05:35.280 --> 02:05:37.280] 18 months or 180 days [02:05:37.280 --> 02:05:38.280] I'm not sure which one [02:05:38.280 --> 02:05:41.280] She went to prison [02:05:41.280 --> 02:05:44.280] We pull what we do [02:05:44.280 --> 02:05:47.280] There's a thing in law called [02:05:47.280 --> 02:05:50.280] Good faith and credit [02:05:50.280 --> 02:05:54.280] We bring that statute into Texas and say [02:05:54.280 --> 02:05:57.280] This should be Texas law, the courts [02:05:57.280 --> 02:06:00.280] This is an issue that the legislature in Texas [02:06:00.280 --> 02:06:03.280] Has not addressed [02:06:03.280 --> 02:06:06.280] But the legislature in Colorado [02:06:06.280 --> 02:06:08.280] Has addressed this issue [02:06:08.280 --> 02:06:12.280] And under the provision [02:06:12.280 --> 02:06:14.280] What's the word? [02:06:14.280 --> 02:06:18.280] Or the concept of good faith and credit [02:06:18.280 --> 02:06:23.280] We can give credit to the Colorado legislature [02:06:23.280 --> 02:06:27.280] And trust that they've accurately addressed this issue [02:06:27.280 --> 02:06:31.280] And bring that law into Texas [02:06:31.280 --> 02:06:34.280] As advisory to the courts [02:06:34.280 --> 02:06:40.280] That this woman who observed the abuse of this child [02:06:40.280 --> 02:06:42.280] And took no action [02:06:42.280 --> 02:06:48.280] It was a class A misdemeanor for her not to take action [02:06:48.280 --> 02:06:52.280] She had a duty to report that felony crime [02:06:52.280 --> 02:06:58.280] She is as culpable, if not more so, than the guy who actually did it [02:06:58.280 --> 02:07:03.280] And I think every parent that has a child in her care [02:07:03.280 --> 02:07:05.280] Should know what happened [02:07:05.280 --> 02:07:08.280] Absolutely [02:07:08.280 --> 02:07:13.280] I would want to say that renders her [02:07:13.280 --> 02:07:19.280] Incompetent to be trusted with these children's safety [02:07:19.280 --> 02:07:21.280] 100% [02:07:21.280 --> 02:07:25.280] You don't get to just stand by [02:07:25.280 --> 02:07:29.280] Especially when it's a child [02:07:29.280 --> 02:07:33.280] And we get it that disabled children [02:07:33.280 --> 02:07:39.280] Or children with cognitive issues can be very difficult [02:07:39.280 --> 02:07:41.280] But you're a professional [02:07:41.280 --> 02:07:44.280] This is your job [02:07:44.280 --> 02:07:46.280] Career, yeah [02:07:46.280 --> 02:07:50.280] You don't get to do this wrong [02:07:50.280 --> 02:07:53.280] You're the teacher, you have to [02:07:53.280 --> 02:07:54.280] You're trained [02:07:54.280 --> 02:07:56.280] I was in the military [02:07:56.280 --> 02:07:59.280] I was in combat and we had rules [02:07:59.280 --> 02:08:04.280] And it made no difference how difficult things were [02:08:04.280 --> 02:08:06.280] We weren't like the local police [02:08:06.280 --> 02:08:09.280] We can't say, well, I got all jacked up on adrenaline [02:08:09.280 --> 02:08:10.280] No, no, no [02:08:10.280 --> 02:08:12.280] We got rules and we follow those rules [02:08:12.280 --> 02:08:15.280] And that's all there is to that [02:08:15.280 --> 02:08:19.280] She's got rules that she absolutely must follow [02:08:19.280 --> 02:08:23.280] If she's afraid of getting another teacher upset with her [02:08:23.280 --> 02:08:27.280] You need to get out of this business [02:08:27.280 --> 02:08:30.280] And in your position now [02:08:30.280 --> 02:08:33.280] You need to demonstrate to all of these teachers [02:08:33.280 --> 02:08:35.280] That you have to take care of these children [02:08:35.280 --> 02:08:42.280] Or we'll come after you and visit an ungodly hailstorm on you [02:08:42.280 --> 02:08:46.280] So I think you've got a really good case [02:08:46.280 --> 02:08:52.280] And we can definitely pull in the school [02:08:52.280 --> 02:08:57.280] And Randy, I want to add that two years ago [02:08:57.280 --> 02:09:05.280] Lake Chattis ISD allowed a COVID testing kind of kiosk [02:09:05.280 --> 02:09:08.280] On the property [02:09:08.280 --> 02:09:10.280] And it's called curative [02:09:10.280 --> 02:09:15.280] And they gave the curative employees keys [02:09:15.280 --> 02:09:19.280] To the Hudson Bend Middle School Special Education Department [02:09:19.280 --> 02:09:23.280] Without background checking the employees from curative [02:09:23.280 --> 02:09:25.280] So they could use the bathroom [02:09:25.280 --> 02:09:30.280] Which was a violation of policy and state law [02:09:30.280 --> 02:09:32.280] So there was some [02:09:32.280 --> 02:09:35.280] Yeah, it's a violation of the parent's trust too [02:09:35.280 --> 02:09:42.280] Right, so these employees were afraid to come out for retaliation [02:09:42.280 --> 02:09:45.280] So they contacted me and asked me if I would file a complaint [02:09:45.280 --> 02:09:47.280] With the Texas Education Agency [02:09:47.280 --> 02:09:48.280] So I did [02:09:48.280 --> 02:09:52.280] So I filed a formal complaint with the Texas Education Agency [02:09:52.280 --> 02:09:56.280] Saying these curative employees were given a key to our school [02:09:56.280 --> 02:09:58.280] Without a background check [02:09:58.280 --> 02:10:02.280] And Texas Education Agency pushed it back to the school [02:10:02.280 --> 02:10:07.280] So the Texas Education Agency has been notified [02:10:07.280 --> 02:10:12.280] That Lake Chattis ISD is not doing proper background checks [02:10:12.280 --> 02:10:18.280] So that may give you a shot at the director of the Texas Education Agency [02:10:18.280 --> 02:10:22.280] At the end of the day, it's all political [02:10:22.280 --> 02:10:23.280] Right [02:10:23.280 --> 02:10:26.280] And you go after the head of the Texas Education Agency [02:10:26.280 --> 02:10:30.280] Because he did not do his job [02:10:30.280 --> 02:10:34.280] Well, what do you mean when you say they pushed it back to the school? [02:10:34.280 --> 02:10:36.280] Well, they say [02:10:36.280 --> 02:10:44.280] So Superintendent Norton of Lake Chattis ISD makes $499,000 a year [02:10:44.280 --> 02:10:47.280] And so they said [02:10:47.280 --> 02:10:52.280] So he was the one that gave them the key to the school without the background check [02:10:52.280 --> 02:10:55.280] So I did not want to complain to him [02:10:55.280 --> 02:10:59.280] Because I did not want to watch a man investigate himself [02:10:59.280 --> 02:11:01.280] It was like, it was ridiculous [02:11:01.280 --> 02:11:05.280] So I went to the TEA and I complained about him [02:11:05.280 --> 02:11:09.280] And they said, sorry, we can't do anything [02:11:09.280 --> 02:11:13.280] You're going to have to file a grievance with your local agency [02:11:13.280 --> 02:11:14.280] And so I replied [02:11:14.280 --> 02:11:16.280] Ah, gotcha, yeah [02:11:16.280 --> 02:11:19.280] So yeah, what Randy was saying is that [02:11:19.280 --> 02:11:27.280] Now that TEA official has put bullseye, put crosshairs on himself for you [02:11:27.280 --> 02:11:34.280] Right, so they want us to file a grievance with the corrupt people [02:11:34.280 --> 02:11:39.280] So the last grievance I filed with them embezzling $3 million [02:11:39.280 --> 02:11:45.280] I actually put a note on top of all the proof I had with a little joke saying [02:11:45.280 --> 02:11:50.280] I look forward to seeing what you find when you investigate yourself [02:11:50.280 --> 02:11:52.280] You know, it's a joke [02:11:57.280 --> 02:12:02.280] Okay, well it appears as though you're in a real good position [02:12:02.280 --> 02:12:07.280] To raise a large enough lawsuit [02:12:07.280 --> 02:12:12.280] To maybe get this, at least this temporary part fixed [02:12:12.280 --> 02:12:16.280] The problem is, every time you fix something in one place [02:12:16.280 --> 02:12:19.280] It tends to crop up somewhere else [02:12:19.280 --> 02:12:24.280] So we have to be ever vigilant [02:12:24.280 --> 02:12:28.280] But Kara, you've got some really nice claims [02:12:28.280 --> 02:12:33.280] I'm thinking about filing a TECO complaint against your chief [02:12:33.280 --> 02:12:41.280] Based on a video I saw on the internet [02:12:41.280 --> 02:12:44.280] That'll make him nuts [02:12:44.280 --> 02:12:45.280] Yeah [02:12:45.280 --> 02:12:52.280] I saw him tell you that he didn't care about your evidence of $3 million worth of fraud [02:12:52.280 --> 02:12:57.280] But by the, whoever this guy, the principal [02:12:57.280 --> 02:12:59.280] Yeah, those board members [02:12:59.280 --> 02:13:03.280] And then he was absolutely not going to allow her in that public meetings [02:13:03.280 --> 02:13:07.280] Where she could talk about that and raise that issue [02:13:07.280 --> 02:13:11.280] So I can file criminal complaints against him [02:13:11.280 --> 02:13:15.280] And he called the complaint [02:13:15.280 --> 02:13:20.280] And I saw this on a Telegram channel [02:13:21.280 --> 02:13:25.280] Get a bunch of those, I can build a [02:13:25.280 --> 02:13:28.280] I've got to fill in the blank TECO complaint [02:13:28.280 --> 02:13:31.280] I can fill in everything, but their [02:13:31.280 --> 02:13:36.280] People's name and email or whatever they have to put on the complaint [02:13:36.280 --> 02:13:40.280] Get a whole bunch of people to hit them with TECO complaints [02:13:40.280 --> 02:13:42.280] That'll really make them nuts [02:13:42.280 --> 02:13:44.280] Yeah [02:13:44.280 --> 02:13:47.280] Okay [02:13:47.280 --> 02:13:49.280] About to go to our sponsors [02:13:49.280 --> 02:13:53.280] When I come back I want to get some information [02:13:53.280 --> 02:13:55.280] We'll talk about some information we need to gather [02:13:55.280 --> 02:13:58.280] So that we can put together something [02:14:18.280 --> 02:14:20.280] Okay [02:14:20.280 --> 02:14:22.280] Okay [02:14:22.280 --> 02:14:24.280] Okay [02:14:24.280 --> 02:14:26.280] Okay [02:14:26.280 --> 02:14:28.280] Okay [02:14:28.280 --> 02:14:30.280] Okay [02:14:30.280 --> 02:14:32.280] Okay [02:14:32.280 --> 02:14:34.280] Okay [02:14:34.280 --> 02:14:36.280] Okay [02:14:36.280 --> 02:14:38.280] Okay [02:14:38.280 --> 02:14:40.280] Okay [02:14:40.280 --> 02:14:42.280] Okay [02:14:42.280 --> 02:14:44.280] Okay [02:14:44.280 --> 02:14:46.280] Okay [02:14:46.280 --> 02:14:48.280] Okay [02:14:48.280 --> 02:14:50.280] Okay [02:14:50.280 --> 02:14:52.280] Okay [02:14:52.280 --> 02:14:54.280] Okay [02:14:54.280 --> 02:14:56.280] Okay [02:14:56.280 --> 02:14:58.280] Okay [02:14:58.280 --> 02:15:00.280] Okay [02:15:00.280 --> 02:15:02.280] Okay [02:15:02.280 --> 02:15:04.280] Okay [02:15:04.280 --> 02:15:06.280] Okay [02:15:06.280 --> 02:15:08.280] Okay [02:15:08.280 --> 02:15:10.280] Okay [02:15:10.280 --> 02:15:12.280] Okay [02:15:12.280 --> 02:15:14.280] Okay [02:15:14.280 --> 02:15:16.280] Okay [02:15:16.280 --> 02:15:18.280] Okay [02:15:18.280 --> 02:15:20.280] Okay [02:15:20.280 --> 02:15:22.280] Okay [02:15:22.280 --> 02:15:24.280] Okay [02:15:24.280 --> 02:15:26.280] Okay [02:15:26.280 --> 02:15:28.280] Okay [02:15:28.280 --> 02:15:30.280] Okay [02:15:30.280 --> 02:15:32.280] Okay [02:15:32.280 --> 02:15:34.280] Okay [02:15:34.280 --> 02:15:36.280] Okay [02:15:36.280 --> 02:15:38.280] Okay [02:15:38.280 --> 02:15:40.280] Okay [02:15:40.280 --> 02:15:44.280] Okay [02:15:44.280 --> 02:15:46.280] Okay [02:15:46.280 --> 02:15:48.280] Okay [02:15:48.280 --> 02:15:50.280] Okay [02:15:50.280 --> 02:15:52.280] Okay [02:15:52.280 --> 02:15:54.280] Okay [02:15:54.280 --> 02:15:56.280] Okay [02:15:56.280 --> 02:15:58.280] Okay [02:15:58.280 --> 02:16:00.280] Okay [02:16:00.280 --> 02:16:02.280] Okay [02:16:02.280 --> 02:16:04.280] Okay [02:16:04.280 --> 02:16:06.280] Okay [02:16:06.280 --> 02:16:08.280] Okay [02:16:08.280 --> 02:16:10.280] Okay [02:16:38.280 --> 02:16:42.280] Okay [02:16:42.280 --> 02:16:44.280] Okay [02:16:44.280 --> 02:16:46.280] Okay [02:16:46.280 --> 02:16:48.280] Okay [02:16:48.280 --> 02:16:50.280] Okay [02:16:50.280 --> 02:16:52.280] Okay [02:16:52.280 --> 02:16:54.280] Okay [02:16:54.280 --> 02:16:56.280] Okay [02:16:56.280 --> 02:16:58.280] Okay [02:16:58.280 --> 02:17:00.280] Okay [02:17:00.280 --> 02:17:02.280] Okay [02:17:02.280 --> 02:17:04.280] Okay [02:17:04.280 --> 02:17:06.280] Okay [02:17:06.280 --> 02:17:10.280] Okay [02:17:10.280 --> 02:17:12.280] Okay [02:17:12.280 --> 02:17:14.280] Okay [02:17:14.280 --> 02:17:16.280] Okay [02:17:16.280 --> 02:17:18.280] Okay [02:17:18.280 --> 02:17:20.280] Okay [02:17:20.280 --> 02:17:22.280] Okay [02:17:22.280 --> 02:17:24.280] Okay [02:17:24.280 --> 02:17:26.280] Okay [02:17:26.280 --> 02:17:28.280] Okay [02:17:28.280 --> 02:17:30.280] Okay [02:17:30.280 --> 02:17:32.280] Okay [02:17:32.280 --> 02:17:34.280] Okay [02:17:34.280 --> 02:17:36.840] who are about to kick butt and take names. [02:17:38.200 --> 02:17:40.900] Because, Catherine, if you're anything like Kara, [02:17:41.760 --> 02:17:45.820] oh, you're mama bear, so you're gonna be like Kara. [02:17:47.040 --> 02:17:47.880] Okay. [02:17:47.880 --> 02:17:49.000] Yeah. [02:17:49.000 --> 02:17:51.120] Well, I wanna mention one other thing. [02:17:51.120 --> 02:17:56.120] So back in February of 24, so February 1st, [02:17:57.520 --> 02:17:59.400] a different teacher was with my son at the time, [02:17:59.400 --> 02:18:02.640] but he, she frequently brought snacks for him [02:18:02.640 --> 02:18:03.760] in her laptop bag. [02:18:04.400 --> 02:18:06.600] She went to go get water and go to the bathroom. [02:18:06.600 --> 02:18:08.560] He was in the room one-on-one with an aid, [02:18:08.560 --> 02:18:10.200] which is never supposed to be one-on-one, [02:18:10.200 --> 02:18:13.040] it should be two-on-one, we've already established that. [02:18:13.040 --> 02:18:14.840] Well, he went into her bag to look for snacks [02:18:14.840 --> 02:18:19.020] and he found a bright, shiny, glittery pill box [02:18:19.020 --> 02:18:22.400] that was purple and it had like MTF, whatever. [02:18:22.400 --> 02:18:24.600] So he opened it, he's like, ooh, candy. [02:18:24.600 --> 02:18:27.480] He ingested a prescription pill [02:18:27.480 --> 02:18:29.320] five times the amount that he should [02:18:29.320 --> 02:18:32.480] because the teacher had prescription wellbutrin. [02:18:33.480 --> 02:18:35.640] He had to go to the hospital for overnight monitoring, [02:18:35.640 --> 02:18:38.520] but the school tried to get in touch with me. [02:18:38.520 --> 02:18:40.920] Yeah, so they tried to get in touch with me [02:18:40.920 --> 02:18:42.880] six or seven times, but I was on a work call [02:18:42.880 --> 02:18:45.640] presenting for a client and they called me [02:18:45.640 --> 02:18:47.320] once or twice a week about his behavior [02:18:47.320 --> 02:18:48.720] to come pick him up at school and I'm like, [02:18:48.720 --> 02:18:52.080] no, that's a suspension, it's illegal, you deal with it, [02:18:52.080 --> 02:18:53.880] I'll pick him up when school's over. [02:18:53.880 --> 02:18:55.480] Unless he's injured, you know, [02:18:55.480 --> 02:18:57.760] and they all have my cell phone number so they could text [02:18:57.760 --> 02:18:59.800] if it's emergency, they usually do. [02:18:59.800 --> 02:19:01.760] They got ahold of my mom and my mom's like, [02:19:01.760 --> 02:19:03.880] well, have you called 911? [02:19:03.880 --> 02:19:06.200] And at this point, it had been almost 30 minutes [02:19:06.200 --> 02:19:08.720] since he had ingested the pill and he's like, [02:19:08.720 --> 02:19:11.280] very calm, very chill, you know? [02:19:11.280 --> 02:19:13.280] And like, I was kind of wondering [02:19:13.280 --> 02:19:14.920] because when I drove him to the hospital [02:19:14.920 --> 02:19:19.280] because they finally called 911 after my mom asked, you know? [02:19:19.280 --> 02:19:20.520] And they were just looking at stuff [02:19:20.520 --> 02:19:22.200] on the poison control website. [02:19:22.200 --> 02:19:24.560] My mom's like, no, someone needs to call poison control. [02:19:24.560 --> 02:19:27.520] So I get up there and it's almost an hour. [02:19:27.520 --> 02:19:29.360] The district had someone come to my house [02:19:29.360 --> 02:19:31.160] and knock on my door and then I realized like, [02:19:31.160 --> 02:19:32.000] oh, it's a big deal. [02:19:32.000 --> 02:19:32.920] So I looked down at my watch [02:19:32.920 --> 02:19:36.040] and my mom's texting me a hundred times and I'm like, [02:19:36.040 --> 02:19:37.880] and the school district's still calling me again. [02:19:37.880 --> 02:19:39.320] And she's like, you need to go up to the school [02:19:39.320 --> 02:19:40.760] and get Caleb, he's gonna be fine. [02:19:40.760 --> 02:19:42.880] But when I went up there and got him, [02:19:42.880 --> 02:19:44.640] it was almost rush hour traffic. [02:19:44.640 --> 02:19:47.280] So I took him over to the children's hospital [02:19:47.280 --> 02:19:49.920] because overnight the big hospitals [02:19:49.920 --> 02:19:51.880] aren't gonna have a pediatric cardiologist [02:19:51.880 --> 02:19:53.800] and, you know, to monitor, right? [02:19:54.920 --> 02:19:56.040] And on the way there, [02:19:56.040 --> 02:19:57.720] his eyes were rolling in the back of his head [02:19:57.720 --> 02:19:59.080] and he was like in and out. [02:20:00.040 --> 02:20:02.600] Overnight they monitored him and I took him to the hospital [02:20:02.600 --> 02:20:04.920] because the paramedic said you don't have to, [02:20:04.920 --> 02:20:07.080] he'll probably be fine, it'll go out of his system. [02:20:07.080 --> 02:20:11.120] But the fact that the district didn't call in enough time, [02:20:11.120 --> 02:20:12.520] they didn't call 911 immediately [02:20:12.520 --> 02:20:14.480] and then have the parent just meet him at the hospital [02:20:14.480 --> 02:20:15.840] like they should have done. [02:20:17.120 --> 02:20:21.960] With this instance, the one hour window had passed [02:20:21.960 --> 02:20:23.560] to give him like activated charcoal [02:20:23.560 --> 02:20:25.560] to get it out of his system faster, right? [02:20:26.560 --> 02:20:31.240] And so overnight his heart rate kept dropping to like 40 [02:20:31.240 --> 02:20:33.120] and then I talked to the pediatrician [02:20:33.120 --> 02:20:35.040] and told him what school, told him the district. [02:20:35.040 --> 02:20:36.560] He's like, oh, he's like, yeah, [02:20:36.560 --> 02:20:38.880] I will definitely be filing something with CPS. [02:20:38.880 --> 02:20:42.240] Well, he didn't, I've never heard anything, you know. [02:20:42.240 --> 02:20:46.040] Again, and I filed a grievance and in the grievance, [02:20:46.040 --> 02:20:49.440] I not only asked for damages for the hospital bill, [02:20:49.440 --> 02:20:52.240] but I asked for past or like current [02:20:52.240 --> 02:20:54.480] and future medical bills related to the incident [02:20:54.480 --> 02:20:56.760] in case my son had any like long-term heart damage [02:20:56.760 --> 02:20:58.640] or anything else, you know. [02:20:58.640 --> 02:21:02.080] And they denied that, but they did give the current bill. [02:21:02.080 --> 02:21:07.080] And then I also asked for like an overview of the policy [02:21:07.080 --> 02:21:09.360] why are teachers allowed to bring stuff, [02:21:09.360 --> 02:21:11.400] you know, prescription medicines that aren't labeled [02:21:11.400 --> 02:21:12.640] and bottles that aren't labeled [02:21:12.640 --> 02:21:14.920] and keep them in their purse or personal belongings [02:21:14.920 --> 02:21:17.480] without locking them in the classroom. [02:21:17.480 --> 02:21:18.300] That's a problem. [02:21:18.300 --> 02:21:20.720] So they did update the parent handbook [02:21:20.720 --> 02:21:23.160] or sorry, the employee handbook. [02:21:23.160 --> 02:21:27.880] And then secondly, I asked for locking cabinets [02:21:27.880 --> 02:21:28.760] in the nurse's office. [02:21:28.760 --> 02:21:31.600] Cause when I was in the nurse's office to pick up my son, [02:21:31.600 --> 02:21:33.960] I noticed all the medicines were in a milk crate [02:21:33.960 --> 02:21:35.280] on top of her desk. [02:21:35.280 --> 02:21:36.680] These are controlled substances [02:21:36.680 --> 02:21:40.080] that elementary age kids take for ADHD. [02:21:40.080 --> 02:21:42.700] They're just sitting on the desk in baggy bags [02:21:42.700 --> 02:21:45.400] like Ziploc bags, not locked up. [02:21:45.400 --> 02:21:48.620] So I found out seven out of the 11 Lake Travis campuses [02:21:48.620 --> 02:21:50.840] did not have a locking cabinet in the nurse's office [02:21:50.920 --> 02:21:52.720] to safely store medication. [02:21:52.720 --> 02:21:53.680] Insane, right? [02:21:55.320 --> 02:21:56.160] So- [02:21:56.160 --> 02:21:56.980] Wow. [02:21:56.980 --> 02:22:01.520] You're finding a pattern of mismanagement [02:22:01.520 --> 02:22:02.840] on the part of the- [02:22:02.840 --> 02:22:03.680] It's neglect. [02:22:06.760 --> 02:22:09.560] Like they're derelict in their duty [02:22:09.560 --> 02:22:12.740] to provide a safe environment for our children, period. [02:22:14.500 --> 02:22:15.420] Good, this will make, [02:22:15.420 --> 02:22:18.680] this will give you a real good claim against them. [02:22:19.680 --> 02:22:20.760] Yeah. [02:22:20.760 --> 02:22:23.960] Okay, first we need to gather all the information you can. [02:22:25.080 --> 02:22:30.080] You need to look at the TEA requirements [02:22:31.000 --> 02:22:36.000] concerning children with special needs like yours. [02:22:38.280 --> 02:22:40.360] What you're talking about happening [02:22:40.360 --> 02:22:45.240] cannot be new to the school or the TEA. [02:22:45.240 --> 02:22:48.080] They have to have policies concerning this. [02:22:48.080 --> 02:22:53.080] Find those policies and then request all of the instances [02:22:56.480 --> 02:23:01.240] where issues of this nature have occurred, [02:23:01.240 --> 02:23:06.240] where there's abuse of a child or mislaying drugs [02:23:09.440 --> 02:23:11.720] where the children could get to them. [02:23:11.720 --> 02:23:15.200] All of these things, you want to dig as much information [02:23:15.200 --> 02:23:20.200] with the Information Act before you go after new. [02:23:23.080 --> 02:23:25.520] You want to have all the answers before you start. [02:23:26.880 --> 02:23:29.000] So it takes a lot of research. [02:23:29.000 --> 02:23:32.880] And what will happen when you start requesting information, [02:23:32.880 --> 02:23:35.280] they will start trying to stonewall you. [02:23:36.920 --> 02:23:39.840] And we'll show you how to handle that. [02:23:39.840 --> 02:23:41.520] Yeah, don't be surprised. [02:23:43.520 --> 02:23:44.360] Prepared. [02:23:46.200 --> 02:23:47.760] And we'll show you how to handle it. [02:23:47.760 --> 02:23:50.080] I go in and ask for information [02:23:50.080 --> 02:23:53.520] and this clerk tells me that I can't see that information. [02:23:54.800 --> 02:23:56.600] So what do you do when they do that? [02:23:57.840 --> 02:24:00.640] We call the bailiff over and ask the bailiff to arrest them. [02:24:02.080 --> 02:24:03.920] Oh, that works great. [02:24:03.920 --> 02:24:05.600] And then when the bailiff doesn't arrest them, [02:24:05.600 --> 02:24:08.200] you call 911 to get someone to arrest the bailiff. [02:24:09.960 --> 02:24:10.800] And he gets real. [02:24:11.840 --> 02:24:13.160] Oh no. [02:24:13.160 --> 02:24:15.480] So there's been four arrests of teachers [02:24:15.480 --> 02:24:17.840] on five and six-year-old special needs students [02:24:17.840 --> 02:24:19.880] in the Austin area, two in Maynard [02:24:19.880 --> 02:24:21.600] at the same elementary school, [02:24:21.600 --> 02:24:24.680] or sorry, Pflugerville Elementary School, not Maynard, [02:24:24.680 --> 02:24:28.400] and then one at Riley Elementary School in Austin ISD. [02:24:28.400 --> 02:24:31.320] So should we request the records for those as well? [02:24:31.320 --> 02:24:34.080] Absolutely, everything you can. [02:24:34.080 --> 02:24:36.320] You can't have too much information. [02:24:36.320 --> 02:24:38.160] Gather everything you can get, [02:24:38.160 --> 02:24:40.960] then we put it together and see what part [02:24:41.000 --> 02:24:43.000] of that information we use [02:24:43.000 --> 02:24:46.040] to make the most damning acturizations. [02:24:47.320 --> 02:24:48.160] Got it. [02:24:48.160 --> 02:24:49.760] Okay, we do need to move on. [02:24:49.760 --> 02:24:51.160] We've got a bunch of callers. [02:24:52.160 --> 02:24:54.040] You got your homework. [02:24:54.040 --> 02:24:55.320] Give us a bunch of information [02:24:55.320 --> 02:24:59.240] and I will coordinate with Kara [02:25:00.280 --> 02:25:03.200] and we'll get you something to go after these folks with. [02:25:04.800 --> 02:25:08.960] Thank you so much, both of you, for all the helpful tips. [02:25:08.960 --> 02:25:10.200] I'll be doing my research. [02:25:11.440 --> 02:25:13.880] Okay, thank you and thank you, Kara. [02:25:15.520 --> 02:25:16.360] Thank you. [02:25:18.480 --> 02:25:21.240] Okay, now we're gonna go to, [02:25:21.240 --> 02:25:23.680] I think Dan dropped off again. [02:25:24.800 --> 02:25:27.880] Every time we're getting to Dan, he drops off. [02:25:27.880 --> 02:25:30.160] Dan, if you can hear us, call back in. [02:25:31.400 --> 02:25:34.760] Now we're gonna go to Chris in Colorado. [02:25:34.760 --> 02:25:36.040] Hello, Chris. [02:25:36.040 --> 02:25:36.880] Finally got you. [02:25:38.240 --> 02:25:39.080] Hey, guys. [02:25:41.880 --> 02:25:44.400] You sparked my curiosity. [02:25:44.400 --> 02:25:45.280] You mentioned something tonight, [02:25:45.280 --> 02:25:47.280] but I'll ask that a little bit later. [02:25:48.720 --> 02:25:49.840] So Randy and Brett, [02:25:49.840 --> 02:25:54.840] I talked to the Colorado federal court pro se health program, [02:25:55.120 --> 02:25:58.120] this guy named Matt, decent guy. [02:25:58.120 --> 02:26:00.480] Apparently, he's got access to other attorneys, [02:26:01.560 --> 02:26:05.160] so I have to get together my amended complaint. [02:26:05.160 --> 02:26:08.320] But I told him the story about the police assault [02:26:08.360 --> 02:26:11.640] and he brought up malicious prosecution. [02:26:11.640 --> 02:26:15.800] I told him about the first appearance program, [02:26:15.800 --> 02:26:17.520] whatever you wanna call it, [02:26:17.520 --> 02:26:20.560] and the story about how I went to a quasi court [02:26:20.560 --> 02:26:25.560] and then the DA, et cetera, refused to work with me [02:26:26.920 --> 02:26:28.640] and then he goes out and summons the court [02:26:28.640 --> 02:26:31.800] to actually summon me to a real court. [02:26:33.160 --> 02:26:35.880] He thought that was malicious prosecution, [02:26:35.880 --> 02:26:38.040] the fact that the DA wouldn't even deal with me [02:26:38.880 --> 02:26:40.720] and try to get me on a 12 month, [02:26:42.440 --> 02:26:44.680] what do you call that, community service. [02:26:46.080 --> 02:26:47.760] I'm wondering if I should wait and do that [02:26:47.760 --> 02:26:50.120] in a separate case or combine it in this case. [02:26:51.920 --> 02:26:53.760] Okay, hang on. [02:26:53.760 --> 02:26:54.880] Pick this up on the other side, [02:26:54.880 --> 02:26:57.560] Randy Kelton, Brett Fountain, Rue of La Radio. [02:26:57.560 --> 02:26:58.640] We'll be right back. [02:26:59.880 --> 02:27:02.680] Everyone knows that walking is great exercise, [02:27:02.680 --> 02:27:04.720] but you might not know that the way you walk [02:27:04.720 --> 02:27:07.440] could predict how long you're going to live. [02:27:07.520 --> 02:27:09.040] I'm Dr. Catherine Albrecht and I'll be back [02:27:09.040 --> 02:27:12.200] to tell you more about walking prognostication [02:27:12.200 --> 02:27:13.320] in just a moment. [02:27:13.320 --> 02:27:15.280] Privacy is under attack. [02:27:15.280 --> 02:27:17.160] When you give up data about yourself, [02:27:17.160 --> 02:27:18.880] you'll never get it back again. [02:27:18.880 --> 02:27:20.680] And once your privacy is gone, [02:27:20.680 --> 02:27:23.680] you'll find your freedoms will start to vanish too. [02:27:23.680 --> 02:27:26.560] So protect your rights, say no to surveillance [02:27:26.560 --> 02:27:28.920] and keep your information to yourself. [02:27:28.920 --> 02:27:31.440] Privacy, it's worth hanging onto. [02:27:31.440 --> 02:27:32.800] This public service announcement [02:27:32.800 --> 02:27:35.000] is brought to you by startpage.com, [02:27:35.000 --> 02:27:36.880] the private search engine alternative [02:27:36.880 --> 02:27:38.960] to Google, Yahoo and Bing. [02:27:38.960 --> 02:27:41.240] Start over with startpage. [02:27:42.520 --> 02:27:44.800] New research shows how fast you walk [02:27:44.800 --> 02:27:47.000] could predict how long you're going to live. [02:27:47.000 --> 02:27:49.720] The Journal of the American Medical Association reports [02:27:49.720 --> 02:27:53.200] that older adults who walk one meter per second or faster [02:27:53.200 --> 02:27:54.800] live longer than expected. [02:27:54.800 --> 02:27:55.920] In case you're wondering, [02:27:55.920 --> 02:27:58.600] one meter per second is about two and a quarter miles [02:27:58.600 --> 02:27:59.440] per hour. [02:27:59.440 --> 02:28:01.840] A senior's age, gender and walking speed [02:28:01.840 --> 02:28:04.000] were as good at predicting life expectancy [02:28:04.000 --> 02:28:06.360] as more traditional statistical measures. [02:28:06.360 --> 02:28:09.200] Generally speaking, faster walkers live longer. [02:28:09.200 --> 02:28:12.040] Measuring walking speed is quick and inexpensive. [02:28:12.040 --> 02:28:13.560] It only takes a stopwatch, [02:28:13.560 --> 02:28:15.520] some space to walk in a few minutes. [02:28:15.520 --> 02:28:17.960] Researchers say it could help doctors identify [02:28:17.960 --> 02:28:20.680] older patients who need special care. [02:28:20.680 --> 02:28:21.880] I'm Dr. Catherine Albrecht. [02:28:21.880 --> 02:28:25.040] More news and information at CatherineAlbrecht.com. [02:28:29.560 --> 02:28:30.400] I lost my son. [02:28:30.400 --> 02:28:31.240] My nephew. [02:28:31.240 --> 02:28:32.060] My uncle. [02:28:32.060 --> 02:28:32.900] My son. [02:28:32.900 --> 02:28:34.000] On September 11th, 2001. [02:28:34.040 --> 02:28:36.360] Most people don't know that a third tower [02:28:36.360 --> 02:28:37.640] fell on September 11th. [02:28:37.640 --> 02:28:38.840] World Trade Center seven, [02:28:38.840 --> 02:28:41.960] a 47 story skyscraper was not hit by a plane. [02:28:41.960 --> 02:28:43.640] Although the official explanation [02:28:43.640 --> 02:28:45.720] is that fire brought down building seven. [02:28:45.720 --> 02:28:48.560] Over 1,200 architects and engineers [02:28:48.560 --> 02:28:49.560] have looked into the evidence [02:28:49.560 --> 02:28:51.480] and believe there is more to the story. [02:28:51.480 --> 02:28:52.960] Bring justice to my son. [02:28:52.960 --> 02:28:53.800] My uncle. [02:28:53.800 --> 02:28:54.640] My nephew. [02:28:54.640 --> 02:28:55.460] My son. [02:28:55.460 --> 02:28:56.800] Go to buildingwhat.org. [02:28:56.800 --> 02:28:59.560] Why it fell, why it matters, and what you can do. [02:29:00.760 --> 02:29:03.520] Are you looking to have a closer relationship with God [02:29:03.520 --> 02:29:05.840] and a better understanding of his word? [02:29:05.840 --> 02:29:08.920] Then tune in to logosradionetwork.com on Wednesdays [02:29:08.920 --> 02:29:12.160] from eight to 10 p.m. central time for scripture talk, [02:29:12.160 --> 02:29:14.680] where Nana and her guests discuss the scriptures [02:29:14.680 --> 02:29:17.360] in accord with 2 Timothy 2.15. [02:29:17.360 --> 02:29:19.760] Study to show thyself approved unto God, [02:29:19.760 --> 02:29:21.880] a workman that needeth not to be ashamed, [02:29:21.880 --> 02:29:24.320] rightly dividing the word of truth. [02:29:24.320 --> 02:29:26.800] Starting in January, our first hour studies [02:29:26.800 --> 02:29:29.360] are in the Book of Mark, where we'll go verse by verse [02:29:29.360 --> 02:29:31.880] and discuss the true gospel message. [02:29:31.920 --> 02:29:34.760] Our second hour topical studies will vary each week [02:29:34.760 --> 02:29:36.640] with discussions on sound doctrine [02:29:36.640 --> 02:29:38.920] and Christian character development. [02:29:38.920 --> 02:29:40.600] We wish to reflect God's light [02:29:40.600 --> 02:29:43.440] and be a blessing to all those with a hearing ear. [02:29:43.440 --> 02:29:45.280] Our goal is to strengthen our faith [02:29:45.280 --> 02:29:47.960] and to transform ourselves more into the likeness [02:29:47.960 --> 02:29:50.000] of our Lord and Savior Jesus. [02:29:50.000 --> 02:29:51.480] So tune in to scripture talk [02:29:51.480 --> 02:29:54.840] live on logosradionetwork.com Wednesdays from eight [02:29:54.840 --> 02:29:58.160] to 10 p.m. to inspire and motivate your studies [02:29:58.160 --> 02:29:59.160] of the scriptures. [02:30:00.160 --> 02:30:05.160] Live, free speech radio, logosradionetwork.com. [02:30:05.560 --> 02:30:06.320] abstainh.com. [02:30:19.080 --> 02:30:20.580] Yeah, yeah, whoa. [02:30:31.920 --> 02:30:34.920] Mm, mm, yeah, I walk like department store. [02:30:35.160 --> 02:30:51.260] Okay, we are back. Randy Kellenbrett found the rule of our radio and we're talking to [02:30:51.260 --> 02:30:54.260] Chris in Colorado. Okay, Chris, where were we? [02:30:54.260 --> 02:31:00.960] I was trying to figure out if I should file a separate lawsuit against the DA office and [02:31:00.960 --> 02:31:09.000] that specific district attorney, young guy, for their kind of violation of due process [02:31:09.000 --> 02:31:13.120] or the violation of our rights under Gerstein Pugh. I don't know if Gerstein Pugh will apply [02:31:13.120 --> 02:31:21.840] to this, but it's definitely a quasi-judicial process, but based on the connection to the [02:31:21.840 --> 02:31:27.160] police just bulldozing people and filing tickets and filing misdemeanors and whatever, getting [02:31:27.160 --> 02:31:34.600] people into that, into that process, the guy I'm talking to, he says he's probably [02:31:34.600 --> 02:31:41.280] just include the DA as a defendant and add malicious prosecution. [02:31:41.280 --> 02:31:45.200] But I'm wondering if it's a big enough situation, I should file a separate lawsuit, so I'm just [02:31:45.200 --> 02:31:54.960] kind of curious what my path might be. What do you guys think? [02:31:54.960 --> 02:32:03.520] I don't know, this is the arrest they did, where they pulled you out of the car? [02:32:03.520 --> 02:32:12.560] Yeah, and they arrested me, but then let me go on a promise to appear and then I get to [02:32:12.560 --> 02:32:19.240] the first appearance center and there's a judge walking around civilian clothing. That's [02:32:19.240 --> 02:32:24.160] a whole process in itself and it definitely can't be constitutional, but they're just [02:32:24.200 --> 02:32:31.600] doing it. And I don't know if I tie that into this suit because it's part of the process. [02:32:31.600 --> 02:32:34.720] That's why they do it, right? Money-making machine. [02:32:34.720 --> 02:32:36.880] This suit? [02:32:36.880 --> 02:32:41.200] The assault suit that I have already filed, the 1983 claim. [02:32:41.200 --> 02:32:47.200] Okay, okay. Let's talk about that assault for a second. Are you familiar with the Colorado [02:32:47.200 --> 02:32:54.240] reverse statute 18-8-802? [02:32:54.240 --> 02:32:55.240] I don't know. [02:32:55.240 --> 02:33:05.040] If you're going to like this, 18-8-802, duty of a peace officer to report use of force [02:33:05.040 --> 02:33:14.160] by peace officers or law enforcement animals, duty to intervene. A peace officer who, in [02:33:14.240 --> 02:33:20.320] persuance of such officers' law enforcement duties, witnesses another peace officer, [02:33:20.320 --> 02:33:25.360] including a peace officer who is the handler of a law enforcement animal, in persuance [02:33:25.360 --> 02:33:31.520] of such other peace officers' law enforcement duties, in carrying out an arrest of any person, [02:33:32.080 --> 02:33:37.600] placing any person under detention, taking any person into custody, booking any person, [02:33:37.680 --> 02:33:44.640] or in the process of crowd control or riot control. Use physical force or allow the [02:33:45.280 --> 02:33:52.000] police officer's law enforcement animal to use physical force, which exceeds the degree of force [02:33:52.000 --> 02:34:00.000] permitted, persuant to 18-1-707, must report such use of force to such officers [02:34:00.000 --> 02:34:02.240] or handlers immediate supervisor. [02:34:03.920 --> 02:34:09.840] I saw a video in Colorado of a policeman pulls over. This woman's walking down the side of a [02:34:10.560 --> 02:34:17.440] road where there's no sidewalks and she's walking in the grass. Older woman looked very frail. She [02:34:17.440 --> 02:34:24.640] couldn't be more than 90 pounds. And he asked her if she paid for her groceries that she had. [02:34:25.600 --> 02:34:26.080] Why? [02:34:26.080 --> 02:34:36.320] And she's confused. Obviously, she has dementia. And instead of trying to make sure that she knows [02:34:36.320 --> 02:34:43.520] where she's at, where she's going, he's concerned that she left some store and didn't pay for her [02:34:43.520 --> 02:34:50.240] groceries. And without any data at all, just random question. [02:34:50.880 --> 02:34:55.920] And she's just saying, I want to go home. I just want to go home. [02:34:55.920 --> 02:35:00.000] And he's trying to ask you these questions. He winds up arresting her. He calls for backup. [02:35:01.440 --> 02:35:06.720] So this backup female officer shows up and helps him get her cuffed and get her in the car. [02:35:08.000 --> 02:35:13.200] A citizen stopped and asked him, what the heck are you doing to this poor woman? [02:35:13.200 --> 02:35:17.840] And the guy talked him into always, we're just arresting her for our own safety, blah, blah, [02:35:17.840 --> 02:35:25.280] blah. Well, they get her the jail and she's in a cell moaning because they broke her wrist. [02:35:26.320 --> 02:35:29.840] And they're outside, chuckling and laughing about arresting her. [02:35:30.720 --> 02:35:37.200] Six months later, I see this video again, except this time, the responding officer, [02:35:37.200 --> 02:35:43.360] the female who helped with the arrest, the officer, I think he got some two years or something, [02:35:43.840 --> 02:35:51.360] she got, I believe it was 180 days. I was thinking 18 months, but I think it's 180 days in jail. [02:35:54.160 --> 02:35:59.680] Now, this wasn't one where they beat some guy senseless and drug him through the window. [02:36:00.640 --> 02:36:03.520] They just arrested this woman and they didn't really beat her up. [02:36:04.560 --> 02:36:13.200] But she resisted, but clearly she was confused. And they didn't appear to use excesses excessive [02:36:13.200 --> 02:36:19.440] force in the arrest. They just used the force that was necessary, but the arrest was improper. [02:36:21.120 --> 02:36:26.640] She got 180 days in jail under this statute. [02:36:28.640 --> 02:36:31.280] Do you know the case? Do you know the video? [02:36:32.080 --> 02:36:40.000] No, it was just a video. I didn't get the case, but do a search on case text on this statute, [02:36:40.640 --> 02:36:44.800] pull up the statute. And next, I know on the right-hand side, [02:36:44.800 --> 02:36:49.440] they'll have a section there that says citations, and they'll show you cases that have addressed [02:36:49.440 --> 02:36:51.040] this. Okay. [02:36:51.760 --> 02:36:55.840] When I read this, I'm thinking your case start to finish. [02:36:58.400 --> 02:37:04.160] Right, because I just did a detailed, because I had to get more detailed to expand my [02:37:04.160 --> 02:37:13.120] my amend. And I remember sitting in the back of the cruiser and they opened the door and I said [02:37:14.400 --> 02:37:22.000] something about a supervisor. And there's this girl cop standing there. And I said, [02:37:22.000 --> 02:37:26.240] are you the sergeant? She says, no, I'm a corporal. I said, I said, I need a supervisor. [02:37:26.240 --> 02:37:29.680] She said, I am a supervisor. I said, are you, are your sergeants? No, I'm a corporal. I said, [02:37:29.680 --> 02:37:35.120] did you order this? She said, no, I didn't need to. They could, they basically could do what they [02:37:35.120 --> 02:37:39.040] want. I said, so you just stood there and watched. I remember saying that specifically. [02:37:40.480 --> 02:37:47.680] And I said, they basically said, yes. I said, is this all on, is this on the body cam? They said, [02:37:47.680 --> 02:37:51.120] yes. I said, good. So there's three body cams. And somebody chained up and said, no, there's a [02:37:51.120 --> 02:38:01.280] fourth. There's four body cams. Have you requested them? Yeah, I did a while back. I don't know [02:38:02.240 --> 02:38:07.760] where it all went. I have one of them. If you requested them, they can't erase them. [02:38:08.880 --> 02:38:14.960] Right. I did request them specifically. And I have them acknowledging they were going to send [02:38:14.960 --> 02:38:18.720] them to the public defender, but I had a crappy public defender. I mean, she was nice enough, [02:38:18.720 --> 02:38:26.000] but she was not good at keeping up with records. But I have at least one from the main guy. [02:38:26.800 --> 02:38:30.320] And you're right, they should have them on file somewhere. I think that I heard there's a main [02:38:30.320 --> 02:38:37.280] database where they keep all these. And this is where you warned them that you had a head injury. [02:38:39.120 --> 02:38:46.560] Yep. So this corporal is a perfect candidate for this statute. [02:38:46.560 --> 02:38:51.600] Yep. You pursue criminal prosecution under this. [02:38:53.280 --> 02:38:56.080] That's going to make them want to make your lawsuit go away [02:38:58.080 --> 02:39:00.960] and get you to stop this prosecution. [02:39:03.120 --> 02:39:06.480] Get them to want to make you happy to get you to go away and leave them alone. [02:39:07.280 --> 02:39:15.680] I'm going to pressure the legislature in the next term to adopt this law in Texas. [02:39:17.520 --> 02:39:18.080] Mm-hm. [02:39:19.120 --> 02:39:21.920] Think about it. You're a policeman. You want to be a good guy. [02:39:23.360 --> 02:39:29.200] And okay, I think this even referenced [02:39:32.400 --> 02:39:34.480] if this person was your training officer. [02:39:36.400 --> 02:39:39.840] Okay, at a minimum, the report required by this section [02:39:39.840 --> 02:39:43.760] shall include the date, time, place of the occurrence, the identity, [02:39:43.760 --> 02:39:48.880] if known of the description of the participants and a description of the events and the force [02:39:48.880 --> 02:39:53.440] and force used. Copy of an arrest report or other similar report required as part of the [02:39:53.440 --> 02:39:59.200] peace officer's duties can be substituted for the report required by this section so long as it [02:39:59.200 --> 02:40:05.040] includes such information. The report shall be made in writing within 10 days of the occurrence [02:40:05.040 --> 02:40:11.360] of the use of such force. Any peace officer who fails to report such use of force in the manner [02:40:11.360 --> 02:40:17.280] prescribed in this section commits a class two misdemeanor. Yes. [02:40:20.320 --> 02:40:23.760] So 180 days though for a misdemeanor. [02:40:25.440 --> 02:40:31.280] Class two. They may have charged her with assault or something else. They didn't, [02:40:31.280 --> 02:40:36.880] the video didn't go into fine detail, but it ended both these officer's careers. [02:40:37.840 --> 02:40:42.160] I need to find out where that was. [02:40:44.960 --> 02:40:48.720] Next time I see it, I will get a link to it. [02:40:51.280 --> 02:40:53.920] Okay, hang on. We'll be right back. [02:40:58.960 --> 02:41:04.080] Do you have a business with five employees or more? How would you like to save hundreds [02:41:04.080 --> 02:41:09.280] of thousands of dollars in FICA taxes? 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Thousands have won with our step-by-step course, [02:42:25.040 --> 02:42:32.240] and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning [02:42:32.240 --> 02:42:38.240] experience. Even if you're not in a lawsuit, you can learn what everyone should understand about [02:42:38.240 --> 02:42:44.560] the principles and practices that control our American courts. You'll receive our audio classroom, [02:42:44.560 --> 02:42:52.080] video seminar, tutorials, forms for civil cases, pro se tactics, and much more. Please visit [02:42:52.080 --> 02:42:59.600] ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [02:43:22.240 --> 02:43:28.080] Yeah, always, I must be careful what I'm wishing for. [02:43:29.440 --> 02:43:37.360] When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much. I ain't [02:43:37.360 --> 02:43:43.760] trying to be no glutton. I'm just here making my living pushing buttons. [02:43:43.760 --> 02:43:52.160] Okay, we are back. I'm reading the rest of this, Chris, and it gets better. [02:43:54.880 --> 02:44:01.520] A member of a law enforcement agency shall not discipline or retaliate in any way against a [02:44:01.520 --> 02:44:08.000] peace officer as defined in this in section 24-319013 for intervening as required by [02:44:08.000 --> 02:44:18.560] subsection 1.5A of this section, or for reporting unconstitutional conduct, or for failing to follow [02:44:18.560 --> 02:44:26.240] what the officer reasonably believes is an unconstitutional directive. Any peace officer [02:44:26.240 --> 02:44:33.360] as defined in section 24-319013 who fails to intervene to prevent the use of unlawful forces [02:44:33.360 --> 02:44:37.920] prescribed in this section 5 commits a class 1 misdemeanor. [02:44:41.680 --> 02:44:46.080] Oh, and it goes on. This is a big statute, but you need to read this a couple of times. [02:44:47.760 --> 02:44:51.200] The corporal did not participate in the arrest. [02:44:53.760 --> 02:44:55.760] She's the one that can really be hammered. [02:44:55.760 --> 02:45:08.560] And then you charge her and who was the, take the officer who initiated the interaction [02:45:10.880 --> 02:45:14.880] and charge all the others failing to report. [02:45:15.040 --> 02:45:21.680] Well, there was a main officer and then his backup and they both ripped me out of the car. [02:45:24.880 --> 02:45:25.440] Got them all. [02:45:27.440 --> 02:45:31.200] Yeah, but there's a fourth. There's a fourth [02:45:32.000 --> 02:45:36.160] who was obviously in the background watching. I don't remember him. I think it was a him. [02:45:39.600 --> 02:45:40.720] So he witnessed it too. [02:45:41.760 --> 02:45:42.880] That's the one you want. [02:45:43.280 --> 02:45:46.720] Well, one who didn't participate in any of this stuff. [02:45:48.160 --> 02:45:53.680] You hammer him for not reporting everybody else. Oh, that's going to make them crazy. [02:45:54.720 --> 02:45:59.200] So she didn't report the first two and then he didn't report all three. [02:46:04.000 --> 02:46:04.480] Okay. [02:46:05.040 --> 02:46:06.720] Okay. What else did you have for us? [02:46:06.720 --> 02:46:07.920] What else did you have for us? [02:46:08.960 --> 02:46:18.640] What do you think about me doing the DA as well in this or should I do possibly a separate suit? [02:46:19.920 --> 02:46:26.160] Okay, you have to have a law. Did you hear us earlier talking about the duty to report crime? [02:46:29.680 --> 02:46:32.800] Yes, that's what I wanted to ask you because you were just, you just mentioned the suit, [02:46:32.800 --> 02:46:36.240] the statute for Colorado. I was going to ask you about that later, [02:46:36.240 --> 02:46:38.080] but you brought it up without me asking. [02:46:38.880 --> 02:46:45.360] Yeah, you probably have a statute of that nature in Colorado. You just need to find it. [02:46:46.960 --> 02:46:56.080] See duty to report felony in Colorado. [02:46:58.720 --> 02:47:00.880] Are you referring to the DA's office? [02:47:00.880 --> 02:47:09.440] Yeah. He's no different. If he hasn't made known to him that crimes have been committed, [02:47:12.960 --> 02:47:15.440] he's not exempted from a duty to report. [02:47:16.880 --> 02:47:20.080] No, but he was trying to prosecute me and get me to make a plea deal. [02:47:20.800 --> 02:47:21.840] Doesn't make any difference. [02:47:24.800 --> 02:47:29.520] If he hasn't made known to him that crimes have been committed and he doesn't report it, [02:47:30.880 --> 02:47:35.040] and he's acting in concert and collusion to shield the accused for prosecution. [02:47:37.040 --> 02:47:37.360] Okay. [02:47:41.680 --> 02:47:44.400] And they're the ones that really need to be hammered. [02:47:47.040 --> 02:47:53.040] They have taken upon themselves an authority that they have no right to. [02:47:55.840 --> 02:47:58.960] Prosecutors always wanted to control the prosecution. [02:48:01.200 --> 02:48:07.200] Our founders understood that. And they absolutely forbade it. [02:48:09.440 --> 02:48:16.640] They knew what a bad idea it was. They put grand juries in place for the singular purpose [02:48:17.440 --> 02:48:24.400] of keeping prosecutors from controlling prosecution. No other reason for a grand jury. [02:48:25.280 --> 02:48:35.120] The Kennedy v. State says, in order to avoid the obvious evils of the accumulation of power [02:48:35.120 --> 02:48:43.040] in any one office for the purpose of initiating a prosecution, a prosecuting attorney is not [02:48:43.040 --> 02:48:50.480] a credible person. Referring to the fact that a criminal complaint must be filed by a credible [02:48:51.440 --> 02:48:55.840] person over the age of 18, ever convicted of a felony. [02:48:57.840 --> 02:49:04.320] But the prosecutor, for the purpose of this prosecution, can't be the accuser and the [02:49:04.320 --> 02:49:11.920] prosecutor. Order to eliminate the obvious evils of the accumulation of power. [02:49:11.920 --> 02:49:17.040] They put a grand jury in there to bolster that consideration. [02:49:17.040 --> 02:49:23.840] Don't get to go to a prosecutor, you and the police, and decide to prosecute somebody. [02:49:24.720 --> 02:49:26.400] They put citizens in between. [02:49:28.720 --> 02:49:32.880] Just like a policeman doesn't get to arrest someone and take them to jail. [02:49:34.400 --> 02:49:41.440] They put a magistrate in between. But that was inconvenient. [02:49:42.000 --> 02:49:49.600] So they just went around it. And you and I, as citizens in the republic, didn't jump up [02:49:49.600 --> 02:49:56.880] and down rail and righteous indignation. And it became policy. Under Monell, [02:49:58.320 --> 02:50:02.720] no matter how long it's been policy, it may take on the appearance of law. [02:50:03.920 --> 02:50:06.240] But it will never take on the authority of law. [02:50:06.240 --> 02:50:11.440] So what do you think? [02:50:13.120 --> 02:50:19.760] How should I address this politically for the best effect? If I combine too much, [02:50:19.760 --> 02:50:22.720] kind of like I was saying to Alex, if I take on too much in one, [02:50:24.000 --> 02:50:28.160] they will team up with each other and lock arms and come at me. [02:50:28.160 --> 02:50:32.640] But if I separate them appropriately, they will throw each other under the bus. [02:50:32.640 --> 02:50:38.800] So my gut is that I should separate these cases and go after the DA's office separately [02:50:38.800 --> 02:50:42.320] for malicious prosecution. But this attorney I'm talking to said, [02:50:42.320 --> 02:50:46.000] I should probably just throw that one young attorney in with this case. [02:50:47.520 --> 02:50:48.960] I'm not sure I agree with that. [02:50:52.960 --> 02:50:56.240] Wondering what you guys think about that for the best political impact. [02:50:57.200 --> 02:51:01.760] What does Colorado law say about immunity? [02:51:04.080 --> 02:51:08.320] Well, recently, I think in the past year or two, they changed [02:51:09.200 --> 02:51:12.480] the immunity for police officers. You can go after them directly. [02:51:12.480 --> 02:51:14.160] They are not as immune as they used to be. [02:51:16.160 --> 02:51:18.000] What about prosecuting attorneys? [02:51:19.280 --> 02:51:19.760] I'm sorry? [02:51:20.720 --> 02:51:22.080] Prosecuting attorneys. [02:51:23.840 --> 02:51:24.480] I don't know. [02:51:26.640 --> 02:51:33.840] In Texas, Eddie Craig, he's got a program where he can [02:51:35.360 --> 02:51:41.120] run a search on the entire criminal justice database. [02:51:42.960 --> 02:51:49.920] He ran immunity. Immunity occurs twice in the whole code, [02:51:50.080 --> 02:51:54.960] and that is in two local rules in Henderson County. [02:51:57.760 --> 02:52:02.160] The word does not occur in the general statutes anywhere. [02:52:05.920 --> 02:52:06.960] Check Colorado. [02:52:08.960 --> 02:52:15.520] And I sued the highest judges in Texas. The attorney general filed a response for it. [02:52:15.520 --> 02:52:23.120] And the attorney general claimed immunity under Texas Civil Practice and Remedies Code 104.001. [02:52:24.880 --> 02:52:32.080] And that one said the state shall indemnify public officials sued in their official capacity. [02:52:34.560 --> 02:52:36.880] I didn't see anything about unity in there. [02:52:39.360 --> 02:52:42.480] That said, if I sue a public official and get a judgment against them, [02:52:42.800 --> 02:52:51.360] state can pay the judgment. I didn't say anything about immunity. [02:52:54.240 --> 02:52:58.480] Judges have just made this up. Well, I didn't care if there was or not at this point, [02:52:59.280 --> 02:53:03.920] because I made the claim they brought in the defense. [02:53:04.960 --> 02:53:09.440] So I'm not coming in saying there is no such thing as immunity in Texas. [02:53:09.440 --> 02:53:16.000] What I'm saying is the statute they claimed does not provide immunity. [02:53:18.480 --> 02:53:26.400] How can a reasonable person of ordinary prudence convert the term indemnify into immunize? [02:53:27.200 --> 02:53:27.520] Right. [02:53:31.840 --> 02:53:36.320] That's part of why they, the Fifth Circuit said this case is [02:53:36.320 --> 02:53:37.920] frivolous, dismissed with prejudice. [02:53:39.120 --> 02:53:40.560] Good to let you touch that. [02:53:41.520 --> 02:53:45.520] They did not want to go there. So look at that. [02:53:47.920 --> 02:53:48.160] Okay. [02:53:48.960 --> 02:53:49.600] Colorado. [02:53:50.560 --> 02:53:54.400] How does that, how does that apply to whether I take them on separately or, [02:53:54.400 --> 02:53:57.920] or all, all together as far as immunity or indemnity? [02:53:58.880 --> 02:54:01.360] If they have immunity, they're going to be different. [02:54:01.360 --> 02:54:08.080] Policeman's not going to have near the immunity that a member of the courts has. [02:54:10.960 --> 02:54:11.280] Okay. [02:54:14.000 --> 02:54:16.080] Looking for immunity in Colorado. [02:54:16.400 --> 02:54:21.680] Can I still add malicious prosecution for the police or they're, they're not prosecutors, [02:54:21.680 --> 02:54:24.480] so they can't be considered malicious prosecutors, prosecutors. [02:54:24.480 --> 02:54:26.000] Oh, absolutely. They can. [02:54:26.960 --> 02:54:27.440] Okay. [02:54:28.240 --> 02:54:34.880] If they file improper charges, then they're filing those charges for the purpose [02:54:34.880 --> 02:54:40.480] of getting you prosecuted. And if they do it for an improper person, purpose, absolutely. [02:54:41.520 --> 02:54:42.000] Okay. [02:54:42.640 --> 02:54:47.680] Then I think I'm going to file them separately. I think, I think the CA's office is a separate [02:54:47.680 --> 02:54:55.040] piece and I should take that on one, on its own. Too much for me to combine into this. [02:54:55.040 --> 02:54:59.040] That's just my gut feeling. [02:54:59.040 --> 02:55:06.240] Yeah, you're right. Simplify each case. Make them fight a couple of them. [02:55:07.120 --> 02:55:10.960] You're right. Simplify each case. Make them fight a couple of them. [02:55:12.000 --> 02:55:12.480] Awesome. [02:55:14.800 --> 02:55:18.640] And depending on how busy you are, I have one more quick one, but you got full board? [02:55:20.160 --> 02:55:25.360] No, we've just got, we've got Eric and Ted and we have an hour. [02:55:25.360 --> 02:55:27.920] So yeah, we'll do one more question and then we'll go to Eric. [02:55:29.280 --> 02:55:29.520] Okay. [02:55:31.040 --> 02:55:34.080] Okay. Hang on. This is Randy Kelton, Brett Fountain, Rule of Law Radio. [02:55:35.040 --> 02:55:40.160] I've got an hour left and two callers. Ted generally doesn't take very long. [02:55:40.160 --> 02:55:45.920] We could probably get to another one more caller. Okay. Hang on. We'll be right back. [02:55:49.120 --> 02:55:53.040] Would you like to make more definite progress in your walk with God? [02:55:53.040 --> 02:55:58.640] Bibles for America is offering a free study Bible and a set of free Christian books that [02:55:58.640 --> 02:56:03.440] can really help. The New Testament recovery version is one of the most comprehensive study [02:56:03.440 --> 02:56:08.160] Bibles available today. It's an accurate translation and it contains thousands of [02:56:08.160 --> 02:56:12.320] footnotes that will help you to know God and to know the meaning of life. [02:56:12.320 --> 02:56:17.360] The free books are a three volume set called Basic Elements of the Christian Life. [02:56:17.360 --> 02:56:23.280] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, [02:56:23.280 --> 02:56:29.760] growing in Christ and how to build up the church. To order your free New Testament recovery version [02:56:29.760 --> 02:56:39.440] and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102. [02:56:39.440 --> 02:56:48.080] That's 888-551-0102 or visit us online at bfa.org. [02:56:48.800 --> 02:56:57.280] You're listening to the Logos Radio Network at logosradionetwork.com. [02:57:01.040 --> 02:57:06.000] The Bill of Rights contains the first 10 amendments of our constitution. They guarantee the specific [02:57:06.000 --> 02:57:11.040] freedoms Americans should know and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht [02:57:11.040 --> 02:57:15.520] and I'll be right back with an unforgettable way to remember one of your constitutional rights. [02:57:16.000 --> 02:57:21.520] Privacy is under attack. When you give up data about yourself, you'll never get it back again [02:57:21.520 --> 02:57:26.320] and once your privacy is gone, you'll find your freedoms will start to vanish too. [02:57:26.320 --> 02:57:32.480] So protect your rights, say no to surveillance and keep your information to yourself. Privacy, [02:57:32.480 --> 02:57:37.680] it's worth hanging on to. This public service announcement is brought to you by Startpage.com, [02:57:37.680 --> 02:57:43.680] the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage. [02:57:44.640 --> 02:57:49.520] Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third [02:57:49.520 --> 02:57:54.560] party there. He announces, I'm with the military and I'm sleeping here tonight. That shocking image [02:57:54.560 --> 02:57:59.360] of a third party in my parents' bed reminds me what the third amendment was designed to prevent. [02:57:59.360 --> 02:58:04.000] It protects us from being forced to share our homes with soldiers, a common demand in the days [02:58:04.000 --> 02:58:09.040] of our founding fathers. Third party, third amendment, get it? So if you answer a knock at [02:58:09.520 --> 02:58:13.920] your door and guys in fatigues demand lodging, tell them to dust off their copy of the bill of [02:58:13.920 --> 02:58:18.880] rights and reread the third amendment. I'm Dr. Catherine Albrecht, more news and information [02:58:18.880 --> 02:58:33.600] at CatherineAlbrecht.com. The bill of rights contains the first 10 amendments of our [02:58:33.600 --> 02:58:38.000] constitution. They guarantee the specific freedoms Americans should know and protect. [02:58:38.080 --> 02:58:42.080] Our liberty depends on it. I'm Dr. Catherine Albrecht and I'll be right back with an [02:58:42.080 --> 02:58:47.920] unforgettable way to remember one of your constitutional rights. Privacy is under attack. [02:58:47.920 --> 02:58:53.360] When you give up data about yourself, you'll never get it back again. And once your privacy is gone, [02:58:53.360 --> 02:58:59.280] you'll find your freedoms will start to vanish too. So protect your rights, say no to surveillance [02:58:59.280 --> 02:59:05.040] and keep your information to yourself. Privacy, it's worth hanging on to. This public service [02:59:05.040 --> 02:59:10.320] announcement is brought to you by Startpage.com, the private search engine alternative to Google, [02:59:10.320 --> 02:59:18.160] Yahoo and Bing. Start over with Startpage. Imagine four eyes staring at you through binoculars, [02:59:18.160 --> 02:59:23.280] a magnifying glass or a pair of x-ray goggles. That imagery reminds me that the fourth amendment [02:59:23.280 --> 02:59:28.480] guarantees Americans freedom from unreasonable search and seizure. Fourth amendment, four eyes [02:59:28.480 --> 02:59:32.720] staring at you, get it? Unfortunately, the government is trampling our fourth amendment [02:59:32.720 --> 02:59:38.880] rights in the name of security. Case in point, TSA airport scanners that peer under your clothing. [02:59:38.880 --> 02:59:42.800] When government employees demand a peep at your privates without probable cause, [02:59:42.800 --> 02:59:47.840] I say it's time to sound the constitutional alarm bells. Join me in asking our representatives to [02:59:47.840 --> 02:59:52.160] dust off the Bill of Rights and use their googly eyes to take a gander at the fourth. [02:59:52.160 --> 02:59:57.600] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [03:00:22.160 --> 03:00:52.160] I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I [03:00:52.160 --> 03:00:57.900] will i will i will I will I will I will I will I will I will I will I will I will I will I will I will I will I will I will i will I will I will I will i will I will I will I will I will i will I will i oh [03:00:57.900 --> 03:01:00.380] so [03:01:00.620 --> 03:01:04.060] Okay, we are back. [03:01:04.060 --> 03:01:06.340] Age dos. [03:01:06.340 --> 03:01:09.100] variety will find out who the radio! [03:01:09.100 --> 03:01:11.360] On this. [03:01:11.360 --> 03:01:15.860] Friday the eighth day of November two thousand and twenty-four. [03:01:15.860 --> 03:01:23.380] Colorado passes landmark law against qualified immunity, creates a new way to protect civil [03:01:23.380 --> 03:01:24.380] rights. [03:01:24.380 --> 03:01:29.180] Chris, what do you know about that? [03:01:29.180 --> 03:01:32.100] Is that for police or is that for all officials? [03:01:32.100 --> 03:01:38.860] Jared Polis signed a sweeping law enforcement reform bill on Friday that marks one of the [03:01:38.860 --> 03:01:45.100] most significant changes to policemen amidst the protests over the brutal killing of George [03:01:45.100 --> 03:01:46.100] Floyd. [03:01:46.100 --> 03:01:52.100] Among the new laws, many reforms, which include banning chokeholds and the use of deadly [03:01:52.100 --> 03:01:58.900] force for nonviolent offenses, Enhanced Law Enforcement Integrity Act allows plaintiffs [03:01:58.900 --> 03:02:06.060] to bypass qualified immunity, one of the biggest barriers to holding government agents accountable [03:02:06.060 --> 03:02:08.700] in court. [03:02:08.700 --> 03:02:14.820] Ever since the Congress enacted the Civil Rights Act of 1871, the Ku Klux Klan Act, [03:02:14.820 --> 03:02:18.980] people who have had their rights violated by local state government officials could [03:02:18.980 --> 03:02:21.340] sue them for damages in federal court. [03:02:21.340 --> 03:02:27.740] In 1982, the Supreme Court created qualified immunity, which heals officers from any liability [03:02:27.740 --> 03:02:31.420] unless the rights they violated were clearly established. [03:02:31.420 --> 03:02:36.020] Thanks to qualified immunity, countless victims have been unable to vindicate their civil [03:02:36.020 --> 03:02:40.340] rights in federal court. [03:02:40.340 --> 03:02:42.140] What was the name of this again? [03:02:42.140 --> 03:02:43.140] Okay. [03:02:43.460 --> 03:02:48.860] Enhanced Law Enforcement Integrity Act. [03:02:48.860 --> 03:02:50.860] Might want to look that up. [03:02:50.860 --> 03:02:53.700] That's the one I think we were referring to earlier. [03:02:53.700 --> 03:02:54.700] Yeah. [03:02:54.700 --> 03:02:55.700] Okay. [03:02:55.700 --> 03:02:57.620] I'll parse through that for sure. [03:02:57.620 --> 03:02:58.620] Thank you. [03:02:58.620 --> 03:03:05.300] So the last one I got, Randy, is so I have, I think I shared with you guys a little in [03:03:05.300 --> 03:03:12.500] the past few weeks that the judge up in Wyoming for the hospital suit used the amended law [03:03:13.460 --> 03:03:21.980] from 2024 to retroactively rule against me, even though the law from 2023 was in place [03:03:21.980 --> 03:03:25.020] when I was using it. [03:03:25.020 --> 03:03:34.380] I have to file for leave to file a supplemental brief, but I'm wondering the best timing for [03:03:34.380 --> 03:03:35.380] that. [03:03:35.380 --> 03:03:38.020] My reply is due a day after Thanksgiving. [03:03:38.020 --> 03:03:41.540] The defendants just submitted their response. [03:03:41.540 --> 03:03:44.980] And I'm wondering the best, what you guys, if you guys have any experience with a timing [03:03:44.980 --> 03:03:50.860] issue with this, and can I file both the supplemental brief and the reply or does one now? [03:03:50.860 --> 03:03:53.460] It's both together. [03:03:53.460 --> 03:03:59.740] And you file a request for permission to file the supplemental brief, but you include the [03:03:59.740 --> 03:04:05.660] supplemental brief you want to file so that they can look at it and say, yes, this is [03:04:05.740 --> 03:04:09.500] valuable to the court or no, it'd be a waste of the court's time. [03:04:09.500 --> 03:04:16.020] You generally do that when you ask for permission to file an amended after your first ones, [03:04:16.020 --> 03:04:17.260] you have to get permission. [03:04:17.260 --> 03:04:22.420] So you include the amended so the court can look at it and determine whether or not it [03:04:22.420 --> 03:04:24.540] will further the case. [03:04:24.540 --> 03:04:31.180] Okay, so the supplemental brief is just maybe a one or two page talking about this topic [03:04:31.180 --> 03:04:33.780] or does it have to be a whole new brief? [03:04:34.700 --> 03:04:38.180] No, the brief can just be on this topic. [03:04:38.180 --> 03:04:39.180] Okay. [03:04:39.180 --> 03:04:45.260] The appeal, I mean, if you file an amended complaint, that has to include everything. [03:04:45.260 --> 03:04:48.380] But the brief can be specific to a singular point. [03:04:48.380 --> 03:04:51.060] Okay, sorry, let me be a little more clear. [03:04:51.060 --> 03:04:52.740] I'm in the appellate courts right now. [03:04:52.740 --> 03:04:54.340] I'm in the 10th Circuit. [03:04:54.340 --> 03:04:58.140] My appellate brief, opening brief is already in. [03:04:58.140 --> 03:05:02.780] The defendants have filed their response yesterday. [03:05:02.860 --> 03:05:08.380] I now have to give my reply in by the 27th, unless I ask for an extension. [03:05:08.380 --> 03:05:13.180] And I also have to get a supplemental brief in because of this new finding. [03:05:16.180 --> 03:05:25.340] Yeah, so since you have a new finding, you can ask for an enlargement of time if you [03:05:25.340 --> 03:05:27.140] need it. [03:05:27.140 --> 03:05:35.820] If you don't, then the point I was making, you file the supplemental brief with the request [03:05:35.820 --> 03:05:42.780] for permission to file it so that with your request, they can look at what you're asking [03:05:42.780 --> 03:05:46.940] to file and determine that if it'll further the case. [03:05:46.940 --> 03:05:52.300] If they decide it won't, then they'll deny you that so that the other side doesn't have [03:05:52.300 --> 03:05:54.020] to respond to it. [03:05:55.020 --> 03:05:58.700] Okay, so the other side's going to need a chance to respond to the supplemental brief [03:05:58.700 --> 03:05:59.700] as well? [03:05:59.700 --> 03:06:00.700] Yes. [03:06:00.700 --> 03:06:01.700] Is that due? [03:06:01.700 --> 03:06:02.700] Okay. [03:06:02.700 --> 03:06:04.020] Well, I got to file it. [03:06:04.020 --> 03:06:05.020] It's actually a big deal. [03:06:05.020 --> 03:06:11.260] I mean, the judge, that's like a huge judicial error, huge error on his part, whether he [03:06:11.260 --> 03:06:14.340] did it intentionally or not, it doesn't matter. [03:06:14.340 --> 03:06:19.220] And then in the reply, I have some other case law I need to reference, so they're both important. [03:06:19.580 --> 03:06:24.100] I was just wondering how to structure all this together as far as timing. [03:06:24.100 --> 03:06:29.300] And then I also have to file for motion for extension of time because I just can't get [03:06:29.300 --> 03:06:34.260] this stuff done in the normal periods of time that they ask for. [03:06:34.260 --> 03:06:38.540] You can give them a sample brief. [03:06:38.540 --> 03:06:44.860] So you ask for extension of time and you show them what you have and ask them for time so [03:06:44.860 --> 03:06:47.940] that you can flesh out this argument. [03:06:47.940 --> 03:06:55.380] They're saying that the judge used a case expofacto. [03:06:55.380 --> 03:06:58.640] And so you tell them just what it's going to be about. [03:06:58.640 --> 03:07:02.580] You give them enough to know what it's going to be about and then you ask for an extension [03:07:02.580 --> 03:07:03.580] of time. [03:07:03.580 --> 03:07:08.980] And if they say, yeah, that's a valid argument, then they'll more likely grant you the time. [03:07:08.980 --> 03:07:09.980] Okay. [03:07:09.980 --> 03:07:14.300] And then possibly file both the supplemental brief and the reply at the same time or I [03:07:14.300 --> 03:07:16.100] can do the reply at a later time? [03:07:16.820 --> 03:07:19.820] Because they're going to respond to it. [03:07:19.820 --> 03:07:23.860] Either one, the reply, I think you have 15 days on the reply. [03:07:23.860 --> 03:07:24.860] Yeah. [03:07:24.860 --> 03:07:27.820] Or wait, they filed a motion. [03:07:27.820 --> 03:07:37.540] You have 30 days on a response, 15 days on a reply to a response or a rebuttal to a response. [03:07:37.540 --> 03:07:40.480] Okay. [03:07:40.480 --> 03:07:45.020] So for everybody else, if you file a motion, the other guy's got 30 days. [03:07:45.020 --> 03:07:52.180] When he files his response, you have 15 days to file a rebuttal and it stops there. [03:07:52.180 --> 03:07:56.700] The other guy can't file a rebuttal to your rebuttal. [03:07:56.700 --> 03:08:00.660] So there's only a motion, response, and a rebuttal that stops. [03:08:00.660 --> 03:08:04.820] That keeps, that's so you don't have stuff going on and on and on. [03:08:04.820 --> 03:08:08.940] Now a supplemental brief, that's like a motion. [03:08:08.940 --> 03:08:10.380] You're just adding something to it. [03:08:10.380 --> 03:08:15.500] If you file that, they're going to get 30 days to respond to it and then you can rebut [03:08:15.500 --> 03:08:16.540] their response. [03:08:16.540 --> 03:08:24.540] I think this is the appellate court and I'm not exactly sure of the rules on filing supplemental [03:08:24.540 --> 03:08:25.540] briefs. [03:08:25.540 --> 03:08:26.540] There's probably some special. [03:08:26.540 --> 03:08:27.540] Okay. [03:08:27.540 --> 03:08:31.860] I'll check with the courts next week and see what their rules are. [03:08:31.860 --> 03:08:32.860] Okay. [03:08:32.860 --> 03:08:34.260] That's really all I got. [03:08:34.260 --> 03:08:37.060] I have a question about amicus briefs, but I can do that next time. [03:08:37.060 --> 03:08:39.260] I was getting really fascinated by this concept. [03:08:39.540 --> 03:08:42.580] I wonder how powerful they are, but I will ask that the next time. [03:08:43.780 --> 03:08:45.060] Okay, thank you, Chris. [03:08:45.980 --> 03:08:46.620] All right, guys, thank you. [03:08:46.620 --> 03:08:51.100] Okay, now we're going to Eric in Massachusetts. [03:08:51.100 --> 03:08:51.820] Hello, Eric. [03:08:56.740 --> 03:08:57.900] Hmm, Eric. [03:08:57.900 --> 03:08:58.500] Hello, Eric. [03:09:01.260 --> 03:09:03.780] Did we lull you into unconsciousness? [03:09:03.780 --> 03:09:08.780] Hello, Eric. [03:09:08.780 --> 03:09:18.140] Okay, we'll try him after we do Ted in California, Ted, where in the heck have you been? [03:09:18.140 --> 03:09:22.820] I was just wondering about you the other day. [03:09:22.820 --> 03:09:25.660] I have worked my butt off. [03:09:25.660 --> 03:09:30.900] That's where I've been. [03:09:30.900 --> 03:09:33.540] Are you saying you're no longer an ass? [03:09:33.540 --> 03:09:39.140] A lot of stuff to cover here. [03:09:39.140 --> 03:09:40.140] Okay. [03:09:40.140 --> 03:09:47.020] First, very excited about the election. [03:09:47.020 --> 03:09:57.140] I'm hoping that the U.S. Attorney Anderson, Mr. Anderson gets reappointed to the jurisdiction [03:09:57.140 --> 03:10:00.700] over Santa Clara County. [03:10:00.700 --> 03:10:07.940] He was the prior one that was, you know how all the U.S. Attorneys tender their resignations [03:10:07.940 --> 03:10:13.980] and then they're either told if they have a job anymore as we change president. [03:10:13.980 --> 03:10:21.860] And then I get told, so I expect John Anderson to be back in that position. [03:10:21.860 --> 03:10:25.780] I'll start putting all of my criminal complaints into him. [03:10:25.780 --> 03:10:34.980] As my federal case goes at this point, the county, you know, they did their 12b6 motion [03:10:34.980 --> 03:10:41.660] to dismiss, but they also did this vexatious litigant nonsense. [03:10:41.660 --> 03:10:49.580] And I got my oppositions in on time, then they did their rebuttals. [03:10:49.580 --> 03:10:57.580] And as to what you just spoke to, because in their rebuttals, they brought new issues. [03:10:57.580 --> 03:11:00.420] I said, hell, oh hell no. [03:11:00.420 --> 03:11:08.740] And I went ahead and filed supplementals to the opposition. [03:11:08.740 --> 03:11:11.620] And I'm asking the court... [03:11:11.620 --> 03:11:16.740] Did that work out for them to keep the brand new issues out? [03:11:17.700 --> 03:11:26.300] Well, that's my excuse for filing basically a rebuttal to their rebuttal, saying in their [03:11:26.300 --> 03:11:32.180] rebuttal, they brought new issues and therefore I need to address them. [03:11:32.180 --> 03:11:34.420] And that's appropriate. [03:11:34.420 --> 03:11:43.460] So however, I also said in my opposition and in my supplemental, I'm calling them supplemental [03:11:43.460 --> 03:11:44.460] oppositions. [03:11:44.460 --> 03:11:47.020] They're basically a rebuttal to their rebuttal. [03:11:47.020 --> 03:11:48.020] Okay. [03:11:48.020 --> 03:11:52.740] Did you file a motion to strike their rebuttal? [03:11:52.740 --> 03:11:58.460] You know what, that's a darn good idea. [03:11:58.460 --> 03:11:59.460] I like that. [03:11:59.460 --> 03:12:03.100] Hey, hey, hey, that's why I get the big bucks. [03:12:03.100 --> 03:12:07.420] So, you know, they say you can't rebut a rebuttal. [03:12:07.420 --> 03:12:09.700] So they use the rebuttal to add new issues. [03:12:09.860 --> 03:12:14.180] Well, you can't bring new issues into the appellate court. [03:12:14.180 --> 03:12:20.820] So you're not filing a rebuttal, you're just filing a motion to strike. [03:12:20.820 --> 03:12:24.100] I like it and I'm going to do it. [03:12:24.100 --> 03:12:33.260] And what I wanted to end with here is the question is an actual hearing. [03:12:33.300 --> 03:12:40.420] And currently the federal court in San Francisco is doing these hearings by Zoom. [03:12:40.420 --> 03:12:49.100] I had my first hearing with Judge Breyer and he is the brother of the Supreme Court Justice [03:12:49.100 --> 03:12:52.940] that just retired two years ago. [03:12:52.940 --> 03:12:53.940] They look like twins. [03:12:53.940 --> 03:12:57.540] They're only like two years apart in age. [03:12:57.540 --> 03:13:00.660] He seems to be a straight shooter. [03:13:00.700 --> 03:13:07.060] I hope I'm not getting fooled based on sitting there listening to him in the hearing that [03:13:07.060 --> 03:13:08.060] we had. [03:13:08.060 --> 03:13:11.460] You know, it was a virtual hearing, but there were other cases called. [03:13:11.460 --> 03:13:13.020] I like his rationale. [03:13:13.020 --> 03:13:16.820] I like his comments. [03:13:16.820 --> 03:13:22.660] He is going to be liberal, but I don't know that that's going to hurt me in any way. [03:13:22.660 --> 03:13:29.980] And I really loved when he told this lawyer, oh, no, no, we're not going to grant your [03:13:29.980 --> 03:13:31.420] motion to this medicine. [03:13:31.420 --> 03:13:36.980] And those issues, I hear that's for a jury to decide. [03:13:36.980 --> 03:13:38.940] I like that. [03:13:38.940 --> 03:13:39.940] Good. [03:13:39.940 --> 03:13:45.700] There's issues that's for the jury to decide. [03:13:45.700 --> 03:13:46.700] Good. [03:13:46.700 --> 03:13:47.700] Okay, hang on. [03:13:47.700 --> 03:13:50.060] We'll pick this up on the other side. [03:13:50.060 --> 03:13:54.020] This is Randy Kelton, Brett Fountain, Rue La Radio. [03:13:54.020 --> 03:13:59.180] We'll be right back. [03:13:59.180 --> 03:14:03.940] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [03:14:03.940 --> 03:14:07.980] Stop debt collectors now with the Michael Mears Proven Method. [03:14:07.980 --> 03:14:12.300] Michael Mears has won six cases in federal court against debt collectors, and now you [03:14:12.300 --> 03:14:13.620] can win too. [03:14:13.620 --> 03:14:18.120] You'll get step-by-step instructions in plain English on how to win in court using federal [03:14:18.120 --> 03:14:23.900] civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer [03:14:23.900 --> 03:14:28.540] letters and phone calls, how to get debt collectors out of your credit report, how to turn the [03:14:28.540 --> 03:14:32.740] financial tables on them and make them pay you to go away. [03:14:32.740 --> 03:14:37.860] The Michael Mears Proven Method is the solution for how to stop debt collectors. [03:14:37.860 --> 03:14:39.820] Personal consultation is available as well. [03:14:39.820 --> 03:14:45.540] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [03:14:45.540 --> 03:14:48.540] or email michaelmears at yahoo.com. [03:14:48.540 --> 03:14:56.220] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [03:14:56.220 --> 03:14:59.220] To learn how to stop debt collectors now. [03:14:59.220 --> 03:15:00.220] I love logos. [03:15:00.220 --> 03:15:03.540] Without the shows on this network, I'd be almost as ignorant as my friends. [03:15:03.540 --> 03:15:06.420] I'm so addicted to the truth now that there's no going back. [03:15:06.420 --> 03:15:07.580] I need my truth fixed. [03:15:07.580 --> 03:15:12.340] I'd be lost without logos, and I really want to help keep this network on the air. [03:15:12.340 --> 03:15:16.060] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't [03:15:16.060 --> 03:15:19.420] have any money to give because I spend it all on supplements. [03:15:19.420 --> 03:15:20.900] How can I help logos? [03:15:20.900 --> 03:15:22.980] Well, I'm glad you asked. [03:15:22.980 --> 03:15:27.300] Whenever you order anything from Amazon, you can help logos by ordering your supplies [03:15:27.300 --> 03:15:28.300] or holiday gifts. [03:15:28.300 --> 03:15:30.460] The first thing you do is clear your cookies. [03:15:30.460 --> 03:15:36.860] Now go to logosradio.network.com, click on the Amazon logo and bookmark it. [03:15:36.860 --> 03:15:42.500] Now when you order anything from Amazon, you use that link and logos gets a few pesos. [03:15:42.500 --> 03:15:43.500] Do I pay extra? [03:15:43.500 --> 03:15:44.500] No. [03:15:44.500 --> 03:15:46.140] Do I have to do anything different when I order? [03:15:46.140 --> 03:15:47.140] No. [03:15:47.140 --> 03:15:48.140] Can I use my Amazon Prime? [03:15:48.140 --> 03:15:49.140] No. [03:15:49.140 --> 03:15:50.140] I mean, yes. [03:15:50.140 --> 03:15:51.140] Wow. [03:15:51.140 --> 03:15:53.420] Giving without doing anything or spending any money. [03:15:53.420 --> 03:15:54.420] This is perfect. [03:15:54.420 --> 03:15:55.420] Thank you so much. [03:15:55.420 --> 03:15:56.420] We are welcome. [03:15:56.420 --> 03:15:57.420] Happy holidays, logos. [03:15:57.420 --> 03:16:12.820] This is the Logos, Logos, Radio, Network, Radio, Network, Radio, Network, Radio, Network. [03:16:42.820 --> 03:17:02.780] Okay. [03:17:02.780 --> 03:17:03.780] We are back. [03:17:03.780 --> 03:17:08.020] Randy Kelton, Brett Fountain, Real La Radio, and we're talking to Ted in California. [03:17:08.020 --> 03:17:10.740] Let me see if I can wake up Eric. [03:17:10.740 --> 03:17:12.740] Eric, are you there? [03:17:13.660 --> 03:17:14.660] I am. [03:17:14.660 --> 03:17:15.660] Did I miss a call? [03:17:15.660 --> 03:17:17.660] Did I miss a thing? [03:17:17.660 --> 03:17:18.660] Yeah, you missed us. [03:17:18.660 --> 03:17:21.660] Hang on. [03:17:21.660 --> 03:17:23.060] Ted generally doesn't take very long. [03:17:23.060 --> 03:17:25.060] We'll come back to you shortly. [03:17:25.060 --> 03:17:26.060] Okay. [03:17:26.060 --> 03:17:27.060] Okay. [03:17:27.060 --> 03:17:28.060] Okay, Ted. [03:17:28.060 --> 03:17:36.340] So just more on the update here. [03:17:36.340 --> 03:17:39.500] I want a hearing on this. [03:17:39.500 --> 03:17:44.420] And they're really the moving, the defendants are the moving party because they're the ones [03:17:44.420 --> 03:17:47.620] that put the motions up. [03:17:47.620 --> 03:17:48.780] You'll love this one. [03:17:48.780 --> 03:17:55.020] And you've told other people, Randy, and Brett. [03:17:55.020 --> 03:18:03.140] So regarding the Dictatious Litigants, the county lawyers cited a case as the prevailing [03:18:03.140 --> 03:18:05.300] case. [03:18:05.300 --> 03:18:12.700] And well, you know, I just thought I'd go read that in my spare time that I don't have. [03:18:12.700 --> 03:18:24.500] And lo and behold, the case he cited on appeal, specifically the Dictatious Litigant was overturned. [03:18:24.500 --> 03:18:29.300] What a shocker. [03:18:29.300 --> 03:18:33.780] That should come with a motion for sanctions. [03:18:33.780 --> 03:18:34.780] It did. [03:18:34.780 --> 03:18:36.780] It did. [03:18:36.780 --> 03:18:40.700] That's in my opposition. [03:18:40.700 --> 03:18:44.140] I'm demanding sanctions. [03:18:44.140 --> 03:18:51.380] And just saying there's further proof that, you know, it's absolutely outrageous that [03:18:51.380 --> 03:18:56.940] they're even trying to go for this Dictatious Litigant. [03:18:56.940 --> 03:19:03.260] I also tell the court, there's no statute in the federal court for a Dictatious Litigant [03:19:03.260 --> 03:19:06.540] because I can't find it. [03:19:06.540 --> 03:19:13.540] And so yeah, so I read it and there were a couple of things. [03:19:13.540 --> 03:19:19.140] And by the way, this particular person had picked off federal judges. [03:19:19.140 --> 03:19:24.780] And so the federal judges is the one that declared them, several federal judges got [03:19:24.780 --> 03:19:26.780] together and declared him Dictatious. [03:19:26.780 --> 03:19:30.700] He appealed that and he got it overturned. [03:19:30.700 --> 03:19:32.100] Okay. [03:19:32.100 --> 03:19:39.380] And so this is the case they cite that they should get the Dictatious on me, a case that [03:19:39.380 --> 03:19:40.380] was overturned. [03:19:40.380 --> 03:19:47.020] Now, there were a couple of other things that were left in place that were not so penalized [03:19:47.020 --> 03:19:49.660] and I forgot exactly what it was. [03:19:49.660 --> 03:19:55.140] But it's just the main thing, the ironic thing and what they were inciting. [03:19:55.140 --> 03:20:00.860] So yeah, I put in that sanction for wasting the court's time. [03:20:00.860 --> 03:20:05.380] There is something kind of nuts about that. [03:20:05.380 --> 03:20:11.260] This happens way too often. [03:20:11.260 --> 03:20:17.020] These lawyers citing cases that are opposite to their position. [03:20:17.020 --> 03:20:22.900] Ben Drum is in the federal court trying to get a federal lien overturned and they say [03:20:22.980 --> 03:20:25.860] that never happens. [03:20:25.860 --> 03:20:36.140] The IRS lawyers filed this document and he came to me and Ken complaining about how this [03:20:36.140 --> 03:20:39.300] case was dead on point against him. [03:20:39.300 --> 03:20:44.980] We told him to read it and he read it and called us back laughing saying, the headnotes [03:20:44.980 --> 03:20:48.620] said what the lawyers quoted to the court. [03:20:49.380 --> 03:20:55.620] But when you read the case, the case quoted the section in the headnote and said that [03:20:55.620 --> 03:21:02.460] used to be the law, but that's been overturned and they did the opposite. [03:21:02.460 --> 03:21:07.260] So the case turned out to be major in his favor. [03:21:07.260 --> 03:21:15.140] And he used their case against them and he said the judge was absolutely furious. [03:21:15.140 --> 03:21:27.900] And he threw out their IRS lien because the lawyers cited bad case law, said another [03:21:27.900 --> 03:21:30.780] judge later on put it back. [03:21:30.780 --> 03:21:35.780] And I guess this judge knew they would, but he was just cutting the button off their shirt. [03:21:35.780 --> 03:21:42.780] They really don't like you to give them bad case law, but they seem to do that all the [03:21:42.780 --> 03:21:46.540] time. [03:21:46.540 --> 03:21:53.220] The attorney general responded when I sued all the highest judges in Texas for 20 million [03:21:53.220 --> 03:21:57.740] bucks a piece in their individual capacity. [03:21:57.740 --> 03:22:06.420] The attorney general responds and his first case is a 20 year old unpublished case that [03:22:06.420 --> 03:22:09.900] when I took what he cited, it was a sentence fragment. [03:22:09.900 --> 03:22:13.740] It was an independent clause from a larger sentence. [03:22:13.740 --> 03:22:17.420] When I put the dependent clause, I'm sorry, it was a dependent clause. [03:22:17.420 --> 03:22:22.660] When I put the independent clause on the front of it, it changed the meaning of it. [03:22:22.660 --> 03:22:26.500] And when I put it in the paragraph it came out of, it dramatically changed the meaning [03:22:26.500 --> 03:22:27.500] of it. [03:22:27.500 --> 03:22:31.100] What the heck is going on here? [03:22:31.100 --> 03:22:36.500] The case actually said the opposite of what the attorney general of the state of Texas [03:22:36.500 --> 03:22:38.620] was asserting. [03:22:38.620 --> 03:22:45.180] Why on earth would he bring up a case that was opposite to his position? [03:22:45.180 --> 03:22:46.180] And not even published. [03:22:46.180 --> 03:22:47.180] Yeah. [03:22:47.180 --> 03:22:50.380] And he couldn't cite it anyway. [03:22:50.380 --> 03:22:58.660] And then 80% of the case law he cited was absolute trash. [03:22:58.660 --> 03:23:01.580] No wonder chat GPT doesn't work. [03:23:01.580 --> 03:23:03.980] It works great. [03:23:03.980 --> 03:23:06.180] It's doing exactly what the lawyers do. [03:23:06.180 --> 03:23:07.180] Yeah. [03:23:07.180 --> 03:23:08.180] And it does work great. [03:23:08.740 --> 03:23:13.220] It does make right nice pleadings, but the case law it cites is exactly what the lawyers [03:23:13.220 --> 03:23:15.220] are citing. [03:23:15.220 --> 03:23:18.860] And it's trash. [03:23:18.860 --> 03:23:24.900] I'm amazed at, you know, if I got one every once in a while, it'd be one thing, but 80% [03:23:24.900 --> 03:23:25.900] is trash. [03:23:25.900 --> 03:23:33.060] It's almost like they had to do that on purpose. [03:23:33.140 --> 03:23:41.420] I'm actually shocked because usually these county lawyers are pretty damn sharp. [03:23:41.420 --> 03:23:46.020] And this told me, no, this guy's not as sharp. [03:23:46.020 --> 03:23:51.540] And so I'm going to add this lawyer to the lawsuit anyway. [03:23:51.540 --> 03:23:56.300] Where we're at now, Randy, is I just want to make sure that no ruling is made without [03:23:56.300 --> 03:24:01.860] having a hearing because I want in the hearing to be able to even extrapolate out a little [03:24:01.860 --> 03:24:03.620] bit more about each of these. [03:24:03.620 --> 03:24:08.940] The bottom line is they cite these cases and say, oh, he's filed six cases. [03:24:08.940 --> 03:24:13.860] Yeah, I've filed six cases over eight years. [03:24:13.860 --> 03:24:22.220] And for example, one of them was just, I sued the DA, a deputy DA in federal court demanding [03:24:22.220 --> 03:24:27.340] that they produce their arrest warrant because they refused to do so. [03:24:27.340 --> 03:24:29.340] That's all the suit was about. [03:24:29.740 --> 03:24:37.900] So again, I think the judge, if he reads these papers, I think he should get pretty ticked [03:24:37.900 --> 03:24:38.900] off at them. [03:24:38.900 --> 03:24:46.060] Now, again, in the end, I don't think I'm going to win on that, but I'll tell you what [03:24:46.060 --> 03:24:55.380] seems to be really freaking out this lawyer, AKA the county, is discovery. [03:24:55.380 --> 03:24:58.060] And they keep bringing that up and they're trying to hold it off. [03:24:58.780 --> 03:25:06.260] So when we get past this point, we're going to start discovery. [03:25:06.260 --> 03:25:14.420] I'm going to actually name a one deputy DA that sued the DA and then ran against him [03:25:14.420 --> 03:25:18.300] in the last election, not this one, but two years ago. [03:25:18.300 --> 03:25:23.900] And he's now gotten his job back because the DA also fired him. [03:25:24.060 --> 03:25:30.660] I'm going to name him as a hostile witness just to stir it up. [03:25:30.660 --> 03:25:37.020] But I'm waiting for this US attorney, John Anderson, to be reappointed over that area [03:25:37.020 --> 03:25:38.020] there. [03:25:38.020 --> 03:25:46.140] And of course, then I'm going to be writing even to this, what do you call it, the top [03:25:46.140 --> 03:25:50.820] cop in D.C. as soon as Trump names him. [03:25:51.740 --> 03:25:53.740] I'm going to be writing to Trump, too, because- [03:25:53.740 --> 03:25:55.740] US attorney general. [03:25:55.740 --> 03:25:59.140] Right, the US attorney general. [03:25:59.140 --> 03:26:01.940] I'm going to go back down to the California state legislature. [03:26:01.940 --> 03:26:05.740] I'm going to write to California governor as well. [03:26:05.740 --> 03:26:12.180] Give the attorney general a shot at a Democratic federal prosecutor. [03:26:12.180 --> 03:26:14.380] Will that be great or what? [03:26:14.380 --> 03:26:20.700] Well, that's exactly what I want even Trump to know. [03:26:20.700 --> 03:26:23.940] And I know he'll never hear it directly. [03:26:23.940 --> 03:26:25.940] It'll be somebody that works for him. [03:26:25.940 --> 03:26:32.300] But when they know that they can come after all the judges who are all Democrat judges [03:26:32.300 --> 03:26:37.220] in Santa Clara County because they accepted money from the county, which is a federal [03:26:37.220 --> 03:26:48.900] violation, 18 U.S.C. 1341, and that they could take out every Democrat judge, tell me that- [03:26:49.100 --> 03:26:52.100] Oh, don't you love politics? [03:26:52.100 --> 03:26:54.100] OK, hang on, going to our sponsors. [03:26:54.100 --> 03:26:55.100] We do have to move quickly. [03:26:55.100 --> 03:26:56.900] We've got three, two more callers. [03:26:56.900 --> 03:26:58.500] We'll be right back. [03:27:00.500 --> 03:27:04.100] A top cybersecurity expert has a warning for America. [03:27:04.100 --> 03:27:10.500] If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout. [03:27:10.500 --> 03:27:14.700] I'm Dr. Katherine Albrecht, back with the shocking details in a moment. [03:27:14.700 --> 03:27:16.900] Privacy is under attack. [03:27:16.900 --> 03:27:20.500] When you give up data about yourself, you'll never get it back again. [03:27:20.500 --> 03:27:25.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [03:27:25.500 --> 03:27:30.900] So protect your rights, say no to surveillance and keep your information to yourself. [03:27:30.900 --> 03:27:33.300] Privacy, it's worth hanging on to. [03:27:33.300 --> 03:27:40.300] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. [03:27:40.300 --> 03:27:44.300] Start over with StartPage. [03:27:44.300 --> 03:27:51.300] Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid. [03:27:51.300 --> 03:27:58.700] So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure. [03:27:58.700 --> 03:28:02.100] But cybersecurity expert David Chalk says not so fast. [03:28:02.100 --> 03:28:07.500] If we make the national power grid controllable through the web, hackers will have a field day. [03:28:07.500 --> 03:28:14.100] Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies. [03:28:14.100 --> 03:28:17.900] I've long opposed smart meters for privacy and health reasons. [03:28:17.900 --> 03:28:20.700] The catastrophic failures caused by hackers? [03:28:20.700 --> 03:28:22.900] There's nothing smart about that. [03:28:22.900 --> 03:28:30.300] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [03:28:30.300 --> 03:28:35.800] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [03:28:35.800 --> 03:28:37.600] The government says that fire brought it down. [03:28:37.600 --> 03:28:42.800] However, 1,500 architects and engineers concluded it was a controlled demolition. [03:28:42.800 --> 03:28:45.600] Over 6,000 of my fellow service members have given their lives. [03:28:45.600 --> 03:28:48.400] And thousands of my fellow first responders are dying. [03:28:48.400 --> 03:28:49.800] I'm not a conspiracy theorist. [03:28:49.800 --> 03:28:50.800] I'm a structural engineer. [03:28:50.800 --> 03:28:52.200] I'm a New York City correction officer. [03:28:52.200 --> 03:28:53.200] I'm an Air Force pilot. [03:28:53.200 --> 03:28:54.800] I'm a father who lost his son. [03:28:54.800 --> 03:28:57.400] We're Americans and we deserve the truth. [03:28:57.400 --> 03:29:02.000] Go to RememberBuilding7.org today. [03:29:02.000 --> 03:29:05.100] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [03:29:05.100 --> 03:29:07.400] In today's America, we live in an us-against-them society. [03:29:07.400 --> 03:29:12.600] And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights. [03:29:12.600 --> 03:29:19.600] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law. [03:29:19.600 --> 03:29:25.100] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [03:29:25.100 --> 03:29:35.100] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law. [03:29:35.100 --> 03:29:40.600] You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and ordering your copy today. [03:29:40.600 --> 03:29:50.600] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material. [03:29:50.600 --> 03:29:54.600] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com. [03:29:54.600 --> 03:29:58.600] Order your copy today, and together we can have the free society we all want and deserve. [03:30:01.600 --> 03:30:04.600] You are listening to the Logos Radio Network. [03:30:04.600 --> 03:30:07.600] LogosRadioNetwork.com. [03:30:11.600 --> 03:30:19.600] I see tools, I see tools. [03:30:19.600 --> 03:30:23.600] Yeah, we're done, we haven't been so nice with you. [03:30:23.600 --> 03:30:29.600] I see tools of ingenuity, the use against the workers of iniquity. [03:30:29.600 --> 03:30:35.600] Tools of massive capability, available for all eternity. [03:30:35.600 --> 03:30:38.600] They come from natural divinity. [03:30:38.600 --> 03:30:41.600] I see fast rules and authenticity. [03:30:41.600 --> 03:30:47.600] I see tools to regain dignity, rebuild the credibility. [03:30:47.600 --> 03:30:50.600] And I see truth in nature. [03:30:50.600 --> 03:30:56.600] Okay, we are back, Randy Kelton, RepFountain, RuleOfLawRadio, and we're talking to Ted in California. [03:30:56.600 --> 03:31:00.600] Okay, Ted, you about done? [03:31:00.600 --> 03:31:03.600] Yeah, so I just have two quick things. [03:31:03.600 --> 03:31:08.600] And then, you know what I'll do is I'll call back tomorrow for your new Saturday show. [03:31:08.600 --> 03:31:11.600] Oh, okay. [03:31:11.600 --> 03:31:16.600] We used to go on Thursday night and we'd say, well, okay, we'll kick it over to Friday. [03:31:16.600 --> 03:31:22.600] But, you know, this is getting so big, we're going to have to start Saturday. [03:31:22.600 --> 03:31:26.600] All right, one, I want to get reconnected with Chris. [03:31:26.600 --> 03:31:29.600] A couple things came up tonight. [03:31:29.600 --> 03:31:34.600] There are some parallel things and I can use probably some of what he's writing in his case. [03:31:34.600 --> 03:31:38.600] And then two, I need your code enforcement stuff. [03:31:38.600 --> 03:31:42.600] I got a guy in Nevada getting all beat up. [03:31:42.600 --> 03:31:46.600] He's out in the middle of nowhere and they're out there beating him up. [03:31:46.600 --> 03:31:49.600] And he's my good friend. [03:31:49.600 --> 03:31:54.600] He's the one that was helping me survive that eight years along with you. [03:31:54.600 --> 03:31:59.600] And other than that, you know, like I said, I'll call back in next week. [03:31:59.600 --> 03:32:02.600] Send me an email, ask for it. [03:32:02.600 --> 03:32:04.600] I'll send it to you. [03:32:04.600 --> 03:32:12.600] Yeah, and I'll send my latest papers that are filed in my federal case to both you and Brett. [03:32:12.600 --> 03:32:15.600] Good. [03:32:15.600 --> 03:32:20.600] Now, guys, I haven't been on the radio, but I have been monitoring. [03:32:20.600 --> 03:32:23.600] Okay, I've been listening. [03:32:23.600 --> 03:32:26.600] So anyway, I'll let you get to the next caller. [03:32:26.600 --> 03:32:28.600] Okay, thank you, Ted. [03:32:28.600 --> 03:32:29.600] Thanks for calling. [03:32:29.600 --> 03:32:34.600] Okay, now we're going to Eric in Massachusetts. [03:32:34.600 --> 03:32:36.600] Hello, Eric. [03:32:36.600 --> 03:32:37.600] Hello, gentlemen. [03:32:37.600 --> 03:32:40.600] Sorry if I missed the call earlier. [03:32:40.600 --> 03:32:49.600] You know, what's funny is I actually have tongue in cheek res judicata that I am not a vexatious litigant. [03:32:49.600 --> 03:32:59.600] So actually, in one of my appeals cases, a judge on my behalf during oral arguments chided one of the, [03:32:59.600 --> 03:33:06.600] chided my opposing defense attorney or the opposing attorney that they didn't feel that I was vexatious. [03:33:06.600 --> 03:33:12.600] And it actually became a part of the ruling as one of the like number nine item or whatever, [03:33:12.600 --> 03:33:15.600] and said that basically I'm not a vexatious litigant. [03:33:15.600 --> 03:33:22.600] So I have res judicata that I am not a vexatious litigant. [03:33:22.600 --> 03:33:25.600] Good, I could use that. [03:33:25.600 --> 03:33:27.600] So here's my question, which is kind of simple. [03:33:27.600 --> 03:33:33.600] So as you know, they denied my writ of quarento. [03:33:33.600 --> 03:33:44.600] So the state Supreme Court denied my writ of quarento because I do not have the standing to bring forth the writ of quarento [03:33:44.600 --> 03:33:52.600] to the state to challenge a judge at his position. [03:33:52.600 --> 03:33:59.600] So the issue with that is obviously it's an ancient writ and it is my Constitution. [03:33:59.600 --> 03:34:08.600] So their statute, which say it's actually statutes and case law that says that only the attorney general [03:34:08.600 --> 03:34:16.600] has the ability to bring any writ of quarento to the courts, has to be done by the attorney general. [03:34:16.600 --> 03:34:21.600] So that the only way for me to challenge that decision is obviously take it to SCOTUS, [03:34:21.600 --> 03:34:24.600] which is almost a prohibitive thing. [03:34:24.600 --> 03:34:29.600] But I was hoping that there was a way that the three of us could knock our heads together [03:34:29.600 --> 03:34:31.600] and come up with a different approach and take it to the federal court, [03:34:31.600 --> 03:34:39.600] which is potentially a declaratory judgment saying that I have a deprivation of rights. [03:34:39.600 --> 03:34:43.600] Quarento is a special remedy. [03:34:43.600 --> 03:34:49.600] You still have breach of contract. [03:34:49.600 --> 03:34:58.600] They don't like calling the oath of office a contract, but it meets the definition of a contract. [03:34:58.600 --> 03:35:02.600] It is a verbal contract. [03:35:02.600 --> 03:35:11.600] We require that the officials swear on their oath that they will protect the Constitution and uphold the laws. [03:35:11.600 --> 03:35:17.600] Based on that oath, we give them a check. [03:35:17.600 --> 03:35:25.600] When they cash that check, something of value has changed hands under the UCC, [03:35:25.600 --> 03:35:29.600] which all these patriots use all the time inappropriately. [03:35:29.600 --> 03:35:33.600] In this case, it is not inappropriate. [03:35:33.600 --> 03:35:43.600] Under the UCC, a contract is created when there is a meeting of minds and something of value changes hands. [03:35:43.600 --> 03:35:49.600] So we don't have the special remedy of quarento. [03:35:49.600 --> 03:35:58.600] We do have the remedy of breach of contract and claim that by breaching the contract, they repudiated it. [03:35:58.600 --> 03:36:02.600] Well, I disagree. I have the right. [03:36:02.600 --> 03:36:11.600] Because what their statutes say and what their case law says is that a person in my state can't challenge a mayor, [03:36:11.600 --> 03:36:15.600] can't challenge some other statutory position. [03:36:15.600 --> 03:36:20.600] But my judges in my state, those are constitutional appointments. [03:36:20.600 --> 03:36:24.600] And so they're denying me access to my Constitution. [03:36:24.600 --> 03:36:33.600] And they can't create some statute and they can't create some case law that denies me access to my Constitution. [03:36:33.600 --> 03:36:43.600] Well, that is interfering with a contract. [03:36:43.600 --> 03:36:53.600] Okay, you are not a party to the contract that the official has with the state. [03:36:53.600 --> 03:37:02.600] But you are the intended third party beneficiary, and they're denying you and your right to adjudicate the contract. [03:37:02.600 --> 03:37:10.600] But, Randy, your argument, unfortunately, in my opinion, is weaker than mine. Mine is a constitutional. [03:37:10.600 --> 03:37:13.600] No, he's hurt my feelings. [03:37:13.600 --> 03:37:16.600] I know, I know. But look at the importance of... [03:37:16.600 --> 03:37:19.600] No, quarento is not constitutional. [03:37:19.600 --> 03:37:21.600] Yes, it is. [03:37:21.600 --> 03:37:33.600] Okay, but does Article 9 limit the application to the Attorney General or have the courts done that? [03:37:34.600 --> 03:37:38.600] The legislature and the courts have done that. [03:37:38.600 --> 03:37:43.600] The legislature has done it through some bad cases, some bad statutes. [03:37:43.600 --> 03:37:49.600] But again, they can only make these statutes relating to a statutory position like a mayor. [03:37:49.600 --> 03:37:55.600] They can't do it to a constitutional position like a judge. [03:37:55.600 --> 03:38:00.600] And then again, the case law, they have crappy case law. [03:38:00.600 --> 03:38:03.600] So they're denying me due process. [03:38:03.600 --> 03:38:08.600] But again, the issue is, this is important because it's constitutional. [03:38:08.600 --> 03:38:14.600] I can include what your argument is, which is breach of contract, but I think this is more important. [03:38:14.600 --> 03:38:22.600] I agree with you. If the quarento is in the Constitution, in Texas it's in statute. [03:38:22.600 --> 03:38:25.600] But if it's in the Constitution, that's a whole different animal. [03:38:25.600 --> 03:38:27.600] But it's federal Constitution. [03:38:27.600 --> 03:38:39.600] habeas corpus is in the federal Constitution, and the other extraordinary writs are implied in, I think, Article 9 or the Ninth Amendment or something. [03:38:39.600 --> 03:38:45.600] That prohibits the interfering with private contracts, isn't it? [03:38:46.600 --> 03:38:53.600] Yeah, and the Ninth Amendment is talking about the things that are not... [03:38:53.600 --> 03:38:58.600] Just because it wasn't enumerated doesn't mean you don't have that right. [03:38:58.600 --> 03:38:59.600] Right. [03:38:59.600 --> 03:39:02.600] That's kind of dubious. [03:39:02.600 --> 03:39:13.600] I think there's case law where it says the writs are covered under the Ninth, are implied under the Ninth. [03:39:13.600 --> 03:39:16.600] Implied, yeah, I suppose. [03:39:19.600 --> 03:39:26.600] So, you don't like my approach, huh? You'd rather do the breach of contract. [03:39:26.600 --> 03:39:33.600] No, no. I was just looking for a way to get past this quarento restriction. [03:39:33.600 --> 03:39:35.600] I think it's a good angle. [03:39:35.600 --> 03:39:50.600] I just don't know that I would use the Ninth to try to support it because it's only an implication by saying that there are other rights. [03:39:50.600 --> 03:40:00.600] It's not really a solid place to say, this is where I'm being denied. [03:40:00.600 --> 03:40:11.600] I would look at the positions that the Constitution defines, these elected and maybe even some appointed positions, and say, [03:40:11.600 --> 03:40:15.600] this is set up by the Constitution, not by statute. [03:40:15.600 --> 03:40:24.600] And so I have a right to expect that my public officials that are in those positions are eligible for those positions. [03:40:24.600 --> 03:40:34.600] And so it's a right that you have, regardless of whether there is such a thing as quote, warranto, implied or expressed, [03:40:34.600 --> 03:40:42.600] you have a right to have public officials do what the Constitution requires. [03:40:42.600 --> 03:40:53.600] So I like your angle about you have a right to access your Constitution, so to speak. [03:40:53.600 --> 03:40:57.600] Okay, hold on. We will be right back. [03:41:12.600 --> 03:41:24.600] The Champ Plan is a section 125 IRS approved preventative health plan that provides your employees with doctors, [03:41:24.600 --> 03:41:32.600] medications, emergency care, and Teladoc all at zero cost with zero copay. [03:41:32.600 --> 03:41:38.600] If you are an employee, you also will get a pay raise by paying less in FICA taxes. 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[03:42:29.600 --> 03:42:35.600] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [03:42:35.600 --> 03:42:40.600] Even if you're not in a lawsuit, you can learn what everyone should understand [03:42:40.600 --> 03:42:44.600] about the principles and practices that control our American courts. [03:42:44.600 --> 03:42:50.600] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [03:42:50.600 --> 03:42:53.600] pro se tactics, and much more. [03:42:53.600 --> 03:43:02.600] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ. [03:43:20.600 --> 03:43:49.600] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio. [03:43:49.600 --> 03:43:51.600] Welcome to Erick in Massachusetts. [03:43:51.600 --> 03:43:54.600] I looked up the Ninth Amendment. [03:43:54.600 --> 03:44:03.600] Enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people. [03:44:03.600 --> 03:44:15.600] Co-warranto is a special procedure for removing recalcitrant public officials. [03:44:15.600 --> 03:44:20.600] It is not a right that I can find anywhere. [03:44:20.600 --> 03:44:25.600] It's just a practice. [03:44:25.600 --> 03:44:26.600] Erick? [03:44:26.600 --> 03:44:31.600] It's the correct practice to challenge someone historically. [03:44:31.600 --> 03:44:37.600] It's the correct practice to challenge someone's position, going back hundreds of years. [03:44:37.600 --> 03:44:40.600] Okay, so we have case law on that. [03:44:40.600 --> 03:44:44.600] Yeah, going back to even before the Constitution. [03:44:44.600 --> 03:44:47.600] Yes, absolutely. [03:44:47.600 --> 03:44:54.600] Anything that's written about the Co-Warranto says this is the correct approach to it. [03:44:54.600 --> 03:44:56.600] Oh, okay. [03:44:56.600 --> 03:44:59.600] Correct approach to challenge someone's position. [03:44:59.600 --> 03:45:07.600] What I did was the right thing, but they want to step aside by saying you don't have standing. [03:45:07.600 --> 03:45:10.600] So I guess here's a foundational question. [03:45:10.600 --> 03:45:15.600] What do we have the right to in terms of the Constitution? [03:45:15.600 --> 03:45:16.600] Do we have access to it? [03:45:16.600 --> 03:45:18.600] Do we have the right to uphold it? [03:45:18.600 --> 03:45:21.600] What is the obligation that we have with the Constitution? [03:45:21.600 --> 03:45:24.600] The Constitution has to us. [03:45:24.600 --> 03:45:28.600] Yeah, well, the Constitution is not about us. [03:45:28.600 --> 03:45:37.600] The Constitution is a contract between the state and officers of the state. [03:45:37.600 --> 03:45:46.600] But we are the intended third party beneficiary, and that gives us standing to adjudicate the contract. [03:45:46.600 --> 03:45:51.600] That's my argument as how we stand to the Constitution. [03:45:51.600 --> 03:45:54.600] You know, the judge says don't bring the Constitution in my courtroom. [03:45:54.600 --> 03:45:55.600] He's right. [03:45:55.600 --> 03:45:58.600] The Constitution doesn't speak to us. [03:45:58.600 --> 03:46:04.600] It speaks to public officials and commands them to do certain things. [03:46:04.600 --> 03:46:07.600] But they do those things for our benefit. [03:46:07.600 --> 03:46:12.600] So when they fail to do one of those things, we have standing to raise the issue. [03:46:12.600 --> 03:46:17.600] So we have hired a public official. [03:46:17.600 --> 03:46:33.600] And we hired him based on a sworn oath that amounted to a contract and included the Constitution as covenants to that contract. [03:46:33.600 --> 03:46:35.600] That's my argument. [03:46:35.600 --> 03:46:45.600] And since I'm the intended third party beneficiary of the Constitutional contract, I have standing to enforce it. [03:46:47.600 --> 03:46:52.600] That's the only way I could fight for my rights. [03:46:52.600 --> 03:46:58.600] Well, as far as Quo Warento, that's one of those extraordinary writs. [03:46:58.600 --> 03:47:04.600] And I am not sure that we need standing in the same way as if we were bringing a lawsuit. [03:47:04.600 --> 03:47:09.600] We're not bringing an action before the court that is like a plaintiff defendant. [03:47:09.600 --> 03:47:11.600] We're going to bring a controversy. [03:47:11.600 --> 03:47:13.600] It's not exactly the same nature. [03:47:13.600 --> 03:47:16.600] You're petitioning the court to issue a writ. [03:47:16.600 --> 03:47:29.600] And there are statutes and there are rules that define what needs to be specified in that document when you petition for a writ [03:47:29.600 --> 03:47:41.600] and specifies whether or not they must issue it or whether they have the discretion to deny it in this case or that case or if the other party objects. [03:47:41.600 --> 03:47:49.600] That's all laid out without taking a look at standing. [03:47:49.600 --> 03:47:55.600] Eric, how are you going to make a claim against this public official that you want removed Quo Warento? [03:47:55.600 --> 03:47:57.600] What are you going to say about it? [03:47:57.600 --> 03:48:05.600] Well, at this point, I'm challenging their decision, but I don't want to do it through SCOTUS. [03:48:05.600 --> 03:48:07.600] I want to do it in a different way. [03:48:07.600 --> 03:48:11.600] I want to go to the federal court and say, hey, they're denying me due process here. [03:48:11.600 --> 03:48:14.600] They're denying me access to my constitutional rights. [03:48:14.600 --> 03:48:15.600] Okay, Eric. [03:48:15.600 --> 03:48:16.600] So I'm the judge. [03:48:16.600 --> 03:48:21.600] My question is, so what? [03:48:21.600 --> 03:48:22.600] So what? [03:48:22.600 --> 03:48:23.600] Well, that's due process. [03:48:23.600 --> 03:48:25.600] That's what, so what? [03:48:25.600 --> 03:48:27.600] Well, so what about due process? [03:48:27.600 --> 03:48:32.600] So they denied you due process. [03:48:32.600 --> 03:48:38.600] What standing do you have to raise a due process claim? [03:48:38.600 --> 03:48:43.600] That the issue is a constitutional issue and they can't deny me access to the Constitution. [03:48:43.600 --> 03:48:46.600] What the heck's the Constitution? [03:48:46.600 --> 03:48:48.600] It's a contract, I guess. [03:48:48.600 --> 03:48:51.600] It always comes back to a contract. [03:48:51.600 --> 03:48:56.600] It is a contract between the government and the people. [03:48:56.600 --> 03:48:58.600] Yeah. [03:48:58.600 --> 03:49:06.600] And you can say he breached a covenant of the contract, and therefore under longstanding [03:49:06.600 --> 03:49:11.600] contract law, he repudiated the contract. [03:49:11.600 --> 03:49:14.600] That's the same as Coahuanto. [03:49:14.600 --> 03:49:20.600] But they're not going to, I guess it depends on how I structure the filing. [03:49:20.600 --> 03:49:27.600] But what I'm saying is Coahuanto they treat as a special remedy. [03:49:27.600 --> 03:49:33.600] And they're saying this is a special remedy, so only prosecuting attorneys can enforce [03:49:33.600 --> 03:49:34.600] Coahuanto. [03:49:34.600 --> 03:49:37.600] That's where it is in Texas. [03:49:37.600 --> 03:49:40.600] Apparently, they're saying the US government is the same way. [03:49:40.600 --> 03:49:46.600] Only the attorney general can exercise this special remedy. [03:49:46.600 --> 03:49:53.600] Well, so I'm going in and saying this guy entered into a contract where he agreed to [03:49:53.600 --> 03:49:57.600] accord me certain privileges. [03:49:57.600 --> 03:50:04.600] And based on that, I allowed him to be paid through my taxes. [03:50:04.600 --> 03:50:09.600] So I'm the intended third-party beneficiary in any contract. [03:50:09.600 --> 03:50:13.600] I got standing to enforce that contract. [03:50:13.600 --> 03:50:19.600] And for the courts to try to say that only the attorney general can do it, that interferes [03:50:19.600 --> 03:50:24.600] with the obligations of contracts. [03:50:24.600 --> 03:50:27.600] That's forbidden. [03:50:27.600 --> 03:50:31.600] Sixth Amendment, Sixth Amendment. [03:50:31.600 --> 03:50:38.600] Yeah, it's really concerning that they can make statutes to basically block the people [03:50:38.600 --> 03:50:42.600] in this way. [03:50:42.600 --> 03:50:43.600] Yeah, it is. [03:50:43.600 --> 03:50:54.600] There's always a push and pull between the public and the legislature and the courts. [03:50:54.600 --> 03:50:56.600] And there should be. [03:50:56.600 --> 03:51:00.600] We should always be testing these laws. [03:51:00.600 --> 03:51:01.600] Right. [03:51:01.600 --> 03:51:04.600] Push them to the limits. [03:51:04.600 --> 03:51:12.600] The government is going to try to make things as easy for them and as protective to them [03:51:12.600 --> 03:51:14.600] as they can. [03:51:14.600 --> 03:51:18.600] We want it as protective to us as we can possibly get it. [03:51:18.600 --> 03:51:25.600] And the best way historically is a balance between the two. [03:51:25.600 --> 03:51:33.600] So you have Massachusetts trying to restrict the removal of public officials to other public [03:51:33.600 --> 03:51:36.600] officials. [03:51:36.600 --> 03:51:42.600] And you want to get that power back yourself. [03:51:42.600 --> 03:51:44.600] This is normal. [03:51:44.600 --> 03:51:47.600] So a good constitutional argument. [03:51:47.600 --> 03:51:52.600] I'm in the process of building some suits to do just exactly that. [03:51:52.600 --> 03:51:55.600] I've looked at Barker Wingo. [03:51:55.600 --> 03:52:02.600] Barker Wingo, in my opinion, turned the United States and all the states from a republic [03:52:02.600 --> 03:52:04.600] to a democracy. [03:52:04.600 --> 03:52:10.600] Barker Wingo said, before you can have an expectation of an enjoyment of your right [03:52:10.600 --> 03:52:17.600] to a speedy trial, you must demand one and you must show harm. [03:52:17.600 --> 03:52:20.600] What the heck is that crap? [03:52:20.600 --> 03:52:24.600] That's not in the Constitution. [03:52:24.600 --> 03:52:26.600] That wasn't in the oath they swore to. [03:52:26.600 --> 03:52:33.600] They didn't swear that they would accord me these rights and privileges if I demanded [03:52:33.600 --> 03:52:35.600] that they do. [03:52:35.600 --> 03:52:37.600] As long as you demand. [03:52:37.600 --> 03:52:40.600] I didn't have anything to do with that contract. [03:52:40.600 --> 03:52:46.600] They swore to the states that they would do this thing certain. [03:52:46.600 --> 03:52:51.600] They did not do this thing certain. [03:52:51.600 --> 03:52:53.600] And I was the intended third party beneficiary. [03:52:53.600 --> 03:52:56.600] I was harmed thereby. [03:52:56.600 --> 03:53:02.600] So whether I demanded it or not, I'm saying that public officials under the concept of [03:53:02.600 --> 03:53:07.600] procedural due process are commanded to do these things. [03:53:07.600 --> 03:53:13.600] They are commanded to accord me a speedy trial, whether I want one or not. [03:53:13.600 --> 03:53:21.600] There's nothing in the Constitutional contract that says you gotta uphold my rights if I [03:53:21.600 --> 03:53:24.600] want you to. [03:53:24.600 --> 03:53:28.600] They arrest me and they don't ask me if I want to be arrested. [03:53:28.600 --> 03:53:34.600] And they don't say I could only be arrested if I demand to be arrested and can show harm [03:53:34.600 --> 03:53:37.600] if I'm not arrested. [03:53:37.600 --> 03:53:39.600] It's in the law. [03:53:39.600 --> 03:53:44.600] They swore they'd follow the law, follow the law. [03:53:44.600 --> 03:53:48.600] If they don't, I breach my contract. [03:53:48.600 --> 03:53:53.600] It's an interesting question here that as I'm sitting here thinking about this. [03:53:53.600 --> 03:54:00.600] So they have two laws that they've written and I feel that they've overinterpreted, [03:54:00.600 --> 03:54:08.600] which, again, denies me the access to the Quarento and my Constitution, as I like to [03:54:08.600 --> 03:54:11.600] maybe say it, put it, whatever. [03:54:11.600 --> 03:54:18.600] If I just have the courts overturn those two laws and say, well, look, these two laws don't [03:54:18.600 --> 03:54:19.600] make sense. [03:54:19.600 --> 03:54:26.600] They're denying me access to present a Quarento to the state. [03:54:26.600 --> 03:54:32.600] If I just overturn those two laws and then everything else kind of falls like dominoes. [03:54:32.600 --> 03:54:35.600] Do you agree with that thought? [03:54:35.600 --> 03:54:42.600] Yeah, how do you claim that the two laws are unconstitutional? [03:54:42.600 --> 03:54:48.600] That's how you get them overturned, unless you have the legislature just overturn them. [03:54:48.600 --> 03:54:51.600] Well, the laws are vague. [03:54:51.600 --> 03:54:54.600] So the way that they've written them, they're pretty vague. [03:54:54.600 --> 03:54:59.600] And, you know, basically one says, you know, only the attorney general can bring... [03:54:59.600 --> 03:55:03.600] Void for vagueness is a big deal. [03:55:03.600 --> 03:55:09.600] That is certainly a viable course. [03:55:09.600 --> 03:55:14.600] If two people can look at them and come to different, fundamentally different conclusions, [03:55:14.600 --> 03:55:17.600] it's void for vagueness. [03:55:17.600 --> 03:55:21.600] Politically, that might be an easy way to get rid of them. [03:55:21.600 --> 03:55:22.600] Yeah. [03:55:22.600 --> 03:55:31.600] If you can show it how it's politically expedient to someone with enough power to sway the courts. [03:55:31.600 --> 03:55:37.600] The laws don't separate statutory positions like a mayor versus constitutional positions [03:55:37.600 --> 03:55:38.600] versus a judge. [03:55:38.600 --> 03:55:40.600] And that's where they're void for vagueness. [03:55:40.600 --> 03:55:42.600] Okay, we are out of time. [03:55:42.600 --> 03:55:45.600] Randy Kelton, Fountain Wheel Law Radio. [03:55:45.600 --> 03:55:46.600] Thank you all for listening. [03:55:46.600 --> 03:55:49.600] We'll be back next week. [03:55:49.600 --> 03:55:56.600] Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version. [03:55:56.600 --> 03:56:03.600] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, [03:56:03.600 --> 03:56:07.600] helping you to know God and to know the meaning of life. [03:56:07.600 --> 03:56:10.600] Order your free copy today from Bibles for America. [03:56:10.600 --> 03:56:19.600] Call us toll free at 888-551-0102 or visit us online at bfa.org. [03:56:19.600 --> 03:56:24.600] This translation is highly accurate and it comes with over 13,000 cross references, [03:56:24.600 --> 03:56:28.600] plus charts and maps and an outline for every book of the Bible. [03:56:28.600 --> 03:56:31.600] This is truly a Bible you can understand. [03:56:31.600 --> 03:56:39.600] To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102. [03:56:39.600 --> 03:56:48.600] That's 888-551-0102 or visit us online at bfa.org. [03:56:49.600 --> 03:56:52.600] Looking for some truth? You found it. [03:56:52.600 --> 03:56:55.600] Logosradio.com [03:57:03.600 --> 03:57:07.600] The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity. [03:57:07.600 --> 03:57:11.600] If you're an educated person, you should probably know them, regardless of your religion. [03:57:11.600 --> 03:57:16.600] I'm Dr. Catherine Albrecht and I'll be right back with a tip to help you remember one of the Ten Commandments. [03:57:16.600 --> 03:57:22.600] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [03:57:22.600 --> 03:57:27.600] And once your privacy is gone, you'll find your freedoms will start to vanish too. [03:57:27.600 --> 03:57:32.600] So protect your rights. Say no to surveillance and keep your information to yourself. [03:57:32.600 --> 03:57:35.600] Privacy. It's worth hanging on to. [03:57:35.600 --> 03:57:42.600] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [03:57:42.600 --> 03:57:45.600] Start over with Startpage. [03:57:46.600 --> 03:57:51.600] Commandment number one says, one God only. Thou shalt have no other gods before me. [03:57:51.600 --> 03:57:56.600] The idea of only one God was revolutionary back when Moses delivered that commandment. [03:57:56.600 --> 03:58:02.600] Monotheism or the worship of a single supreme God was certainly not the norm among the peoples of the Middle East. [03:58:02.600 --> 03:58:07.600] Many religions at that time worshipped multiple gods and the idea of one God set the Jews apart. [03:58:07.600 --> 03:58:10.600] It's a cornerstone of Islam and Christianity as well. [03:58:10.600 --> 03:58:17.600] Of all the world's moral codes, the Ten Commandments have probably inspired more commitment and controversy than any other. [03:58:17.600 --> 03:58:24.600] The next time they come up in conversation, you'll be prepared by knowing that commandment number one says only one God. [03:58:24.600 --> 03:58:29.600] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [03:58:33.600 --> 03:58:38.600] The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity. [03:58:38.600 --> 03:58:42.600] If you're an educated person, you should probably know them, regardless of your religion. [03:58:42.600 --> 03:58:47.600] I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of the Ten Commandments. [03:58:47.600 --> 03:58:53.600] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [03:58:53.600 --> 03:58:58.600] And once your privacy is gone, you'll find your freedoms will start to vanish too. [03:58:58.600 --> 03:59:03.600] So protect your rights. Say no to surveillance and keep your information to yourself. [03:59:03.600 --> 03:59:06.600] Privacy. It's worth hanging on to. [03:59:06.600 --> 03:59:13.600] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [03:59:13.600 --> 03:59:16.600] Start over with StartPage. [03:59:16.600 --> 03:59:22.600] Commandment number two says don't make images of things God has made and don't worship them. [03:59:22.600 --> 03:59:27.600] Thou shalt not make any graven image or likeness of anything in heaven, on earth, or in the water. [03:59:27.600 --> 03:59:30.600] Thou shalt not bow down to them nor serve them. [03:59:30.600 --> 03:59:34.600] In other words, don't make a duplicate or two of anything made by God. [03:59:34.600 --> 03:59:38.600] Back when Moses delivered that commandment, idol worship was rampant. [03:59:38.600 --> 03:59:42.600] Many cultures built statues of gods and even sacrificed their children to them. [03:59:42.600 --> 03:59:48.600] Moses' own followers built a golden calf to worship, but the second commandment forbids that. [03:59:48.600 --> 03:59:53.600] Commandment number two, don't make two of anything God has already made and worship God alone. [03:59:53.600 --> 03:59:58.600] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [04:00:24.600 --> 04:00:29.600] Oh, what I would do to have [04:00:29.600 --> 04:00:34.600] The kind of faith it takes to climb out of this boat of men [04:00:34.600 --> 04:00:38.600] On to the crashing waves [04:00:38.600 --> 04:00:41.600] To step out of my comfort zone [04:00:41.600 --> 04:00:46.600] To the realm of the unknown where Jesus is [04:00:46.600 --> 04:00:49.600] And is holding out his hand [04:00:49.600 --> 04:00:55.600] But the waves are calling out my name and they're laughing at me [04:00:55.600 --> 04:01:01.600] Reminding me of all the times I tried before and failed [04:01:01.600 --> 04:01:06.600] The waves they keep on telling me time and time again [04:01:06.600 --> 04:01:10.600] Boy, you never win [04:01:10.600 --> 04:01:14.600] You never win [04:01:14.600 --> 04:01:17.600] But the voice of truth [04:01:17.600 --> 04:01:20.600] Tells me a different story [04:01:20.600 --> 04:01:23.600] The voice of truth [04:01:23.600 --> 04:01:26.600] Says do not be afraid [04:01:26.600 --> 04:01:29.600] And the voice of truth [04:01:29.600 --> 04:01:32.600] Says this is for my glory [04:01:32.600 --> 04:01:38.600] Out of all the voices calling out to me [04:01:38.600 --> 04:01:41.600] I will choose to listen and believe [04:01:41.600 --> 04:01:48.600] Good evening, everyone, and welcome to Scripture Talk on this October 30th, 2024. [04:01:48.600 --> 04:01:54.600] I'm Nana, and for the next two hours, we'll be hosting an online interactive study of God's Word. [04:01:54.600 --> 04:01:58.600] Our goals for this study are in accord with Matthew 516. [04:01:58.600 --> 04:02:00.600] Let your light so shine before you.