Episode Transcript
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0:12
He served at the Pentagon as an army jag. He graduated from Notre Dame
0:17
and has two law degrees from Boston University and Georgetown University. He's been practicing
0:23
law for over thirty years. He's your family's personal attorney. It's time for
0:30
the David Carrier Show. Hello, and welcome to the David Carrier Show.
0:36
I'm David Carrier, your family's personal attorney, and you have found the place
0:40
where we talk about estate planning, elder law, real estate and business law.
0:45
So give us a call. Why don't you. It's easy to do. Six one six seven seven four twenty four twenty four. That's sixty one
0:53
six seven seven for twenty four twenty four. So much to cover today.
0:57
It is, of course the Memorial Day weekend show. I apologize for no
1:00
live show last week. We couldn't out camping with the with the boy Scouts
1:07
there and couldn't make the connection. We thought we had it, but then
1:11
whoops, didn't. So anyway, sorry about that. We don't do that
1:15
too often. Usually we get a good Usually I drive to a McDonald's and
1:19
sit in the parking lot. That's what I do. Anyway, we had
1:23
hiked in so it wasn't possible last week. Again, I know, you
1:29
spend all week and you want the live show and then it doesn't happen.
1:33
Oh, how disappointing or maybe gratifying. Right, thank god, I know
1:40
to listen to that guy this week anyway, six one, six seven,
1:44
twenty four, twenty four. If you have a question, comment, or
1:47
concern about a state planning, elder law, real estate or business law,
1:53
or any other legal type matter, that that'd be fine. That'd be fine
1:57
too. Just give us a shout and we'll knock it around. Hey,
2:01
what do you say now? Very interesting developments in the law. You know
2:07
you think, oh, well, you know, it's nothing new under the sun. Right, we had the Bag of the Karta, we had the
2:12
Bill rights, the Constitution and stuff. What could be new in the law.
2:15
It's amazing. I got to tell you. It's brand new developments,
2:19
things that haven't happened in centuries. You know, existing precedence overturned. That's
2:25
right. Like in America you used to think, hey, you know,
2:30
if I have a if I'm going to be held criminally liable for something,
2:36
you have to tell me what I did right that was bad? And you
2:40
have to explain why it was a crime, and I get to have witnesses
2:46
to say no, it wasn't a crime. Right. You see, like
2:50
if or whatever it was, whatever may happen to be like larceny, like
2:55
stealing, right, that's the taking. This is what we call in law.
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I know this because I did go to law school, not once but
3:02
twice. Anyway, Like the theft, what is theft? Well, larceny
3:09
right, stealing something you have to have taking. You have to have taking,
3:15
You have to take something, and then you have to have carrying away.
3:19
You have to take it away, taking and carrying away of the personal
3:23
property. Right, So you got to prove that whatever it was you stole
3:28
was the bad guy stole was personal property of another. You have to show
3:32
that somebody else owned it, right, and you also have to show that
3:37
you intended to permanently deprive that poor sap of his stuff. Right, so
3:43
I mean the victim. So you have to have to taking and carrying away
3:46
personal property belong to another, right with intent to permanently deprive. So back
3:51
in the day, if you were prosecuting, as I did for a while, shoplifting cases for a small municipality, you know that was one of my
4:00
uh one of my incarnations. Uh. Doing that, you had to show
4:03
that these were the guys who took the stuff, and not only did they
4:09
take the stuff, they carried it away, right, And you have to
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show what the stuff was. You have to show his personal property. Uh.
4:15
And you have to show that it belonged to somebody else, that it
4:18
wasn't they didn't walk into the store with it. And you also had to
4:24
show that you were intending uh to to keep it, not to not to
4:30
give it back. Okay. So you had to show all those and guess
4:33
what if you couldn't show all those things, or if there was reasonable doubt
4:38
about any of it, then it was not guilty, okay. And people
4:44
took that very seriously, very seriously. People people are like, because I
4:48
would talk to juries later on, like they stuffed it down their pay Well,
4:51
you know, they might have been. It might have been a gag
4:55
because the other guys in the you know, the other gang guys in the
4:58
gang, we're like, uh, yeah, yeah, I was just a
5:00
joke. We're just we're just playing. Uh he was going to give it
5:04
back. Oh you know, it's like what you believe that huh? Okay,
5:11
Fine, So anyway, people took it serious. Juris. Juris take
5:14
this stuff seriously. So how would you like to be on trial yourself?
5:18
Now? So so, and this is like the the you know, right
5:23
to your to a jury by your peers and fair trial and all the rest
5:26
of the due process of law in America is what we call due process of
5:30
law, simple justice, you might call it. But anyway, now,
5:35
now apparently you don't need that. You don't need that. All you need
5:42
is uh uh, this guy's a bad guy, and and uh he did
5:47
some stuff and he did some other stuff. We're going to prove he did
5:50
this stuff, okay, but we're not going to tell you what's criminal about
5:55
it. And the guy says, the guy who you're accused, and says,
5:59
hey, I got the great expert because this is very confusing. This is not simple lar saying this is a very confusing area of the law,
6:05
very confusing area, and it is confusing. Everybody admits it that it's a
6:10
confusing area of the law. Like it could be tax law. It could
6:14
be uh, securities regulation that would be difficult, right, or it could
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be what's another confusing Oh, I know, election campaign finance law. Yeah,
6:25
that'd be. That's a tough area of the law. Huh. And
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you know, if you're in a if you're in a tax case, for example, you get to have an expert in tax law come in and try
6:34
to explain what the tax law is. And if you're in a securities law
6:39
situation, you get to have a securities guy come in and explain what the
6:44
situation is and all the rest of it. You get to have expert witnesses.
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Is what I'm saying. But not anymore. This is why I'm saying.
6:53
It's like it's like new development. This is great. It's like we're
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in a we're in a new era now where we can convict because we don't
7:00
like them. You understand, you understand. If we like them, well
7:03
then the regular rules would apply. But if we don't like this person,
7:08
then see how well this works, you know how Sometimes they say, oh,
7:13
that bad guy got off on a technicality. Ooh, I wish I
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could you know, you wish you could convict that guy, but you can't
7:18
because technicality. Right nowadays, the bad guys we like, we just let
7:24
them go anyway, right if we like them, or if we feel sorry
7:27
for him or something like that. We don't even try to find technicality and
7:30
where we just say ask screw it, let them go. Yeah you beat
7:32
up a cop, Yeah, four of them beat up a cop. But
7:35
you know, give him a bus ticket. Get him out of here,
7:39
because we kind of like those people. Those are somehow or other we like
7:44
them for some reason. But anyway, get him out of here, Scrambola,
7:47
mazola, get him out of here. But if we don't like you,
7:51
if we don't like you, then we will go back years and years
7:57
and years. In fact, in fact, in fact, get this.
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We'll even take gazillions of money away from you. Oh how about this?
8:05
This is another great development, recent development. I'm just telling you about all
8:09
that because you know this is about law and stuff like that, and you need to know, don't You need to know. You need to know what
8:15
the law is and the interesting developments in the law. That's that's good to
8:20
know, isn't it, The interesting developments in the law. And so one
8:24
of the end, you got to know why these guys died on the battlefield
8:28
protecting this right. You got to know why they died, right, well,
8:31
why they die well preserve our republican You will remember Ben Franklin said,
8:37
you know, when somebody said, what have we done here? And Ben
8:41
Franklin's famous answer, A republic? Or what do we have or something I
8:46
don't know? He say, a republic? If you can keep it?
8:50
Ah, if you can keep it? Have we managed to keep it?
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You be the judge. But anyway, the idea here is how the developments
9:03
in the law all right, fascinating developments, new and interesting stuff. Now
9:07
it turns out that if you just don't like somebody, oh ooh ooh,
9:11
and this is even better. This is this gig gets so good. If
9:13
we don't like them, then we don't have to tell them what they did
9:18
that was supposed or how it was a crime, or what it is we're
9:20
convicting them of. Okay, and guess what if you daisy change something that's
9:26
too old to go to court, Well, we can daisy change that with
9:30
something else that we're not going to tell them about and make it so that
9:33
we can still prosecute them. Aha, how about that? That's justice right
9:37
there? You know, because let's face it, if you got somebody you
9:41
don't like, right, why would you let that person go? You know
9:45
what I mean? I mean, it's fine for you and me, that
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you'd have to prove things. You'd have to have evidence, you'd have to
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allow witnesses, you'd have to you know, follow what's written down there and
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stuff like that. Yeah, that makes a lot of sense, right if
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it's if it's you or if it's me, or please God, it's me.
10:05
You know, I hope this would extend to me. But you know
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you have to you have to show that this guy did bad things, whereas
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whereas if you don't like them, then you don't have to show any of
10:16
that stuff. How wonderfully cool is that? What a great development? Huh
10:22
So? Now the rule used to be whether we like you or not,
10:26
you had constitutional rights, you had things that we had to show. Apparently
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Now yeah, oh and by the way, I don't. By the way,
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you have to shut up about it. How do you like that?
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That's another new development. You can't you know, you can't complain anymore,
10:48
you know, complaining, no complaining. If we don't like you, you
10:52
must be a bad guy, right, take your medicine and shut up about
10:56
it. And if you don't shut up about it, going to take your
11:00
money away. There you go. Welcome to the David Carrier Show. I'm
11:05
David Carrier, your family's personal attorney, making the law come alive for you.
11:28
This hour of the David Carrier Show is pro bonome. So call in
11:31
now at seven four. This is the David Carrier Show. Welcome back to
11:39
the David Carrier Show. I'm David Carrier, your family's personal attorney. This
11:43
is of course our Memorial Day version of the of the David Carrier Show.
11:50
And of course, you know we've got veterans in the family, going back
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to my Danish grandfather who came over on the boat and they sent him right
11:58
back to fight World War One. Uh then of course during World War Two,
12:03
my dad, uncles, they were all involved, including one uncle who
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stuck around for Korea and Vietnam as well. You know, I did my
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military service when nobody was shooting at each other in the in the eighties.
12:16
And then my son, you know you need to take boots on the ground,
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Well I have one of my kids was the boot on the ground.
12:22
One of the boots on the ground over there in Afghanistan. Spent some time
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in Korea as well, but nobody was well, they were shooting for a
12:31
little bit, but but they cleared that up pretty quick anyway. Yeah,
12:37
but here's the here's the beauty part of it. No one died, you
12:41
know what I mean, we don't have anyone on Memorial Day who any family
12:46
member. They all came they all came back. So there's uh so there's
12:52
that. But but as we do every Memorial Day, we'll be out there
12:56
at the Grant and Fire Department for the pancake breakfast and then the Boy Scout
13:01
troop will troop on down to the cemetery. We'll do some patriotic type things,
13:07
some memorial type things, and then then break So anyway, that's that's
13:11
happening. Got a gotta love Memorial Day, those who gave the last full
13:16
measure of devotion, as Abraham Lincoln so well put it so well. But
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you know, you don't want to. I mean, it got us here,
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right, I mean, people willing to die for the country and all
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the rest. And you know, not like we hid behind civilians. No,
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not like we went and raped and murdered people and then when the come
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up and came here, oh, you know, not our fault or something.
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I don't know, I don't know. It's it's a strange world we're
13:46
living in. But let's focus on the legal developments. That's what I'm That's
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what I'm focusing on, because it used to be that you have to know what the crime was before you could be convicted of it, and apparently that's
13:56
not the case anymore. Also, get this, Get this, you can
14:01
also not only be convicted of a crime when nobody knows what the crime was,
14:05
nobody can exactly say what it was, and you can be you can
14:09
be told to shut up about complaining. And in fact, now now see
14:13
this is this is really great, really just another benefit of the of the
14:20
what would you call it? You know, what do people call it when
14:22
when they ignore rules and stuff like that? Oh? Yeah, development?
14:26
Development? Right? Uh? Development? And there's another development. The development
14:31
is that if you're a judge. See, they used to think that judges
14:35
were supposed to be like impartial and very fair. And you know what,
14:39
there was a time when they said that even the appearance, even the appearance,
14:43
you didn't have to show that anybody made any money or anything like that,
14:46
just the appearance of impropriety. You know, can you imagine this,
14:50
The appearance of impropriety was enough to you know, get a judge to say,
14:56
oh maybe I shouldn't do this one. Let's give it to some other judge who doesn't have the appearance of impropriety. And you know, what a
15:03
waste of time. Huh, what a waste of time when we got a
15:05
bad guy and we want him convicted. Right, let's just go with whatever
15:09
judge we get, and suspiciously the same judge who will not only who will
15:16
not only prosecute, who will not only preside over the trials of the individual
15:22
bad guy, but all of his pals too. See, because because you
15:24
don't want the other guys getting away with it, you know what I mean.
15:28
So you want to have the same reliable presider there to to get all
15:33
the bad guys. So okay, that's good. Yeah. So you know,
15:41
some people might think some people might think suspicious people, right, bad
15:46
natured people, people who people who do not have the court by the do
15:54
not have the milk of human kindness by the court in every vein, you
15:58
know, people who are nasty and suspicious. They might think that a judge
16:02
who's child child. See, it's not even the same judge. It's not
16:07
even the judge doing this, it's the judge's kid. I mean, how
16:11
dare you when you've got an adult child, right who's doing something, How
16:15
could you possibly attribute that to the parent. You can't do that. That
16:19
isn't fair, That isn't right. Okay. So the fact that the child
16:25
is making millions of dollars from advertising for the guys who don't like the bad
16:30
guy, you know, the bad guy who's on trial, and they're making
16:33
millions of dollars, you know, or lots of dollars. I don't know,
16:37
fifty cents it would be enough for me, but making some money off
16:41
of publicizing how we're going after this this bad guy, right, and getting
16:45
political contributions because of it, for other people, not for the judge,
16:48
not for the judge. Oh no, no, no, no no,
16:51
the judge isn't getting any money directly. It's the judge's kid who's getting paid
16:55
for doing this, you see. And there are some people, some low
16:59
minded, suspicious people who want to say that's bad. Can you imagine can
17:04
you imagine some people say that that would be an appearance of impropriety. Some
17:08
people would actually say it's actual impropriety. Yeah, yeah, that's right,
17:14
that's right. But you know, of course, the funny thing. Now
17:18
here's the funny thing. The funny thing about it, the same people who
17:22
say that there's no problem with a judge's child, and they always say child
17:26
like they're a twelve year old. Now we're talking about a forty year old,
17:30
thirty forty year old I don't know, grown up kid anyway, But
17:34
there's no problem with that. I don't know, there's no there that could
17:37
How could there possibly be a problem with someone who's related to the judge's child,
17:44
Right, that's a relationship that they're in their thirties or forties or something,
17:48
I don't know, anyway, making a ton of money off the judges
17:52
presiding over the over the bad guy, right, I remember there was a
17:59
guy. I mean, these are the same people though, who are a
18:02
few years ago, as I recall, we're very upset that. See,
18:06
there was this guy who's who ran hotels and stuff and he wanted to be
18:11
I don't know, some sort of politician or something. And he said, okay, look, I'm not going to run anybody. You know, all
18:15
my hotels and stuff like that. Well, I'm not going to run him
18:18
any I'm gonna give him my kids to run, all right, and I
18:21
will be completely out of it. And these kids ran hotels, right,
18:25
they didn't. They weren't like advertising about the bad guy. They were running
18:30
hotels and people paid to live in the hotels, you know, stop at
18:33
the hotel, spend the night, what have you. And the kids were
18:37
running the hotels. And they said that that was bad. There was no
18:41
criminal trial and this guy wasn't a judge or anything. But they said,
18:45
oh, that's the worst thing in the world that that you built up before
18:48
you went into politics. You built up some hotels or something, and now
18:52
your kids are running them, and so that is just treason, impeachment,
18:59
you know, that's that's the worst thing ever that anyone could do. Such
19:03
a thing. But but again, development development, right, and so now
19:07
judges whose kids are making millions off the trials that the judge is presiding over.
19:11
That's okay. Isn't this wonderful to be in this wonderful world where where
19:18
things develop and then you have to you know, you have to stay on
19:21
your toes to keep up with it. Yeah. Oh, and by the way, you can also be suited for gazillions of dollars for stuff that the
19:27
victim can't remember what year it happened in They get you know, like thirty
19:32
years ago. Hey, something bad happened thirty years ago. I don't remember
19:36
what year it was, and it just so happened to be after this TV
19:38
show that that had the same exact plot line of what I'm accusing you of.
19:45
But you know, if it's bad people, right, can we all
19:47
agree that if it's bad people, we don't have to worry about the We
19:51
don't have to worry about this stuff. Why would we worry? You know,
19:53
if it's bad people, let's go get the bad people. Do process.
19:57
That's nothing, that's nothing. So anyway, it's an interesting world we
20:02
live in. So now we're all good people. You're good people, I'm
20:04
good people. We're all good people. And so because we're all good people,
20:08
we don't have to worry that these things will happen to us. Right,
20:14
So just don't be bad people, or don't be well, don't be
20:18
bad people is not good enough? I don't know. Maybe don't be perceived
20:23
as a bad person by the people who can put you in jail and not
20:26
tell you why they're doing it. How about that? There you go,
20:32
that's what we fought for, that's what we died for, and that's what
20:36
this Weekend's all about is making sure that you don't piss off the wrong people.
20:40
Yay, America. You've been listening to the David Carrier Show. I'm
20:44
David Carrier, your family's personal term David's got the how too you're looking for
21:03
Just call seven seven twenty four. This is the David Carrier Show. Well,
21:11
welcome back to the David Carrier Show. I'm David Carrier, your family's
21:15
personal attorney. You have found a place where we talk about a state planning,
21:18
older law, real estate and business law. Now that we've handled the
21:23
updates to the law, the innovations and the the execration some would say,
21:30
but the the new developments. You know, it's a very challenging and exciting
21:36
time to be alive when the law is turning into whatever some people feel like
21:41
the law to turn into. You know, have you ever heard about the
21:45
here's an idea for you, you know, and it and applies to many
21:48
many things, So not just changes in the law, but many things.
21:52
And it's the I forget who came up with this. Some guys a lot
21:55
smarter than me. And it has to do with fences and gates and stuff.
22:00
Okay, gate, there's a gate. There's a wall and there's a
22:03
gate, and the idea is that before you tear down the gate, right,
22:10
like the ability to confront your witnesses, the ability to introduce evidence,
22:14
the you know, a statement of the crime that lays out the elements of
22:18
the offense, things like this, like why would we have those? Why
22:23
would those be part of American law? And for so long? Why would
22:26
they be? Oh, I don't know, there's a bad guy over there.
22:32
I wanna wanna I want to whack them in uh and so uh uh
22:37
stop stop talking to me about this stuff, right, I mean you get
22:41
that. And you know when you see the evil bad guy in the movie,
22:45
Like there's a TV show that seems to be all evil bad guys who
22:48
are going to get off on slimy technicalities, right, and but you say,
22:52
well, why why is the law like that? Why are there those
22:56
slimy technicalities? And you and you don't care really because it's a bad guy
23:02
and you want to get the bad guy. And okay, fine, So this is why they come up with the I forget what they call it exactly.
23:08
It's like the Fable of the Gate or the analogy of the Gate or
23:11
the something of the gate. But anyway, the point is, the point
23:15
is before you tear down a gate. So you got a wall and there's
23:19
a gate in it, right, and you say, oh, I want
23:22
to go back and forth between here and there, and I don't want there
23:26
to be any gates because this gate is getting in my way. You know,
23:30
there's doors getting in my way. There's barrier, and I tear down
23:34
that barrier. Well, maybe it would be a good idea. Here's the
23:40
thought. Maybe it would be a good idea to find out why there was
23:44
a gate in the in the first place. What do you think about that
23:48
one? You know, maybe it would be a good idea to find Well,
23:51
jeepers, if we said that people have the right to confront their accuser,
24:00
right to find out who it was that said the bad thing about them,
24:04
okay, and to know what they're being charged with so that they can
24:10
have a defense. We're going over this with the boy Scouts last week.
24:15
The lawyer and I the scout master and I are both lawyers, and so
24:18
you know, we're going through the Bill of rights. And the kids knew
24:21
the Bill of Rights. It was pretty it was great, It was kind of impressive. But and he made the point that, you know, in
24:30
the Bill of Rights, there's the thing about quartering soldiers and houses, and
24:33
it's like and his challenge to the kids was, why would they just throw
24:37
that in there? You know, why would you think that the government could
24:41
come into your house and throw soldiers in there? Why would they do this?
24:45
And the answer was because that's what Britain had been doing, right,
24:48
was quartering soldiers in people's private homes. He says, you can't do that.
24:55
Oh and by the way, we also can't take your stuff without paying
24:57
you for it. The government can't take your stuff without paying you paying you
25:03
for it. Okay, that's part of the Fourth Amendment there. But the
25:07
point is, why would you make a rule unless there had been a reason
25:14
for the rule? Okay? Why would we set up a system? What
25:18
makes it difficult to put bad guys in jail? You know, it's not
25:22
as easy as it might be. You might just say, hey, you're
25:25
a bad guy, go to jail. You could do that, you know,
25:29
apparently El Salvador has done that. You know, if you have certain
25:32
tattoos or whatever, or somebody says you're a bad guy, go to directly
25:36
to jail. In El Salvador. I mean, look this up. If you doubt me, look it up. They've incarcerated tens of thousands of people.
25:44
I'm you know, very little or no evidence. Now here's the deal.
25:49
It works in El Salvador. People are very happy with it being run
25:53
by the gang's murder capital of the world and all that. Okay, so
25:59
they're happy with it. Well, okay, why did they do things the
26:03
way they do because of the situation that they were in? Do you really
26:06
think we're in that situation? Is that the situation where really really? H
26:11
I think so? Right? Maybe there's a reason for certain things. Maybe
26:15
there's a reason, you know, that the government has to produce evidence.
26:18
Maybe there's a reason that judges aren't supposed to be so freaking biased because they
26:22
have a personal family interest in the outcome of a trial. Hmmm, what
26:27
do you think? Maybe maybe maybe we should allow witnesses to testify who have
26:33
relevant evidence, who are relevant relevant information, right, Maybe we should allow
26:38
that. Maybe we shouldn't allow judges to shut up one side, you know,
26:44
to gag orders and stuff like that, while the other side is,
26:48
you know, is prejudicing the the witnesses, prejudicing the jury. You know,
26:53
by a NonStop, constant drumbeat of information one way rather than the other.
26:59
Maybe maybe there are reasons for those things. Do you think, huh,
27:03
Maybe there's a reason for the gate. Maybe there are wolves out there,
27:07
and maybe you want the gate to prevent the wolves from coming into the
27:10
coming into your side. Maybe there's a reason for these things. And so
27:15
rather than rather than just say, oh, this guy's a bad guy and
27:21
we want to get the bad guy. Yeah, I understand wanting to get
27:23
the bad guy, but I also understand that there's a reason for a process,
27:27
there's a reason for procedure. There's a reason that we should fight that
27:32
we should fight corruption wherever you find it. It seems like it seems like
27:37
that's kind of the sort of thing that might not be a bad thing to
27:41
do, especially especially on this Memorial Day weekend when we remember the people who
27:47
followed the rules. You know, I don't know what the number is,
27:49
and I guess, I guess I'm going to see if I can find it.
27:52
How many how many of the people who died in combat? And that's
27:56
what Memorial Days about, right, It's the people who die in battle,
28:00
the gold Star families, right, that's what it's about. Well, how
28:03
many of those people were drafted? Okay, now, I'm sure there's some
28:10
of them were volunteers, maybe a lot, maybe most, I don't know.
28:15
But how many of those people right because they believed in the law,
28:18
because they believed that they were fighting for something greater than them. But it
28:25
was duly passed laws that got them to be soldiers. They were out on
28:30
the battlefield because they were told to be out in the battlefield, because that
28:34
as a citizen of the United States, they were required to do military service.
28:40
It wasn't their choice. How many I imagine I could google that and
28:45
find out, and if I can't, I'll let you know after the next
28:48
break. But that's how important it is that we all know that, we
28:55
all know that the Constitution applies equally to each of us. And it may
29:00
be uncomfortable sometimes and sometimes you may wish, oh I could get the I
29:03
wish we could get the bad people right. But who are the bad people?
29:08
Do you know? Do you know who the bad people are? You
29:12
think? So? You might be right most of the time, But if
29:15
you're not right, what if somebody else comes in and says, oh,
29:22
by the way, all these rules that apply for so long, so that
29:25
we don't unfairly convict people, we don't unfairly use the state power against the
29:30
individuals. You know, we're going to throw these rules away. Okay.
29:37
And you might say, well, you know, for the bad guy. But still, we made Perry Mason go through the motions, didn't we.
29:42
We made him come up with the fireplace poker that murdered the person. Whatever.
29:48
You know, if Perry Mason has to do it, why shouldn't we. Right, there might be a reason for the gate. There might be
29:55
a reason for the wall. There might be a reason. And if you
30:00
don't know what the reason is, then opening the gate, tearing down the
30:04
wall, all right? Is it a good thing? Is it a bad
30:10
thing? Well? I think it depends on why you have the wall.
30:14
It depends on why you have the gate. You know so many, so
30:19
many things you know you wish you could do what you want to do,
30:22
and you get these people out there preaching about it. But it's sad.
30:26
If you don't know why, then you shouldn't say take it down. You
30:30
should know why before you do that. Your a little thoughtfulness. You've been
30:36
listening to the David Carrier show. I'm David Carrier, your family's personal attorney.
30:53
David's perking and working and taking your calls. Now, this is the
30:59
David carry Your Show. We got to love the Interurant sisters. Sorry,
31:07
oh, we just did the musical version. That's fine. Welcome back to
31:10
the David Carrier Show. I'm David Carrier, your family's personal attorney. Now's
31:15
the time to give us a call. Sixty one six seven seven four twenty
31:18
four twenty four. That's sixty one six seven seven four twenty four twenty four.
31:23
My research question that we left at the last, the last segment was
31:30
what percentage of folks who died in battle? Right? Were there because they
31:36
were drafted? Were there because the law, the law told them to be
31:41
there as opposed to volunteers. You might say, wow, if you're a
31:44
volunteer, you know that's on you. But apparently two thirds of the combat
31:52
vets in Vietnam were volunteers. Did you know that? I thought everyone was
31:57
drafted? Apparently not, and the numbers reflected that according to what I and
32:04
it was on the internet, so you can be sure it's true. Right,
32:07
who knows? But what they're saying is that that about a third of
32:10
the casualties, a third of the deaths, third of the families who were
32:15
celebrating Memorial Day for a loved one who died in Vietnam, A third of
32:20
them were drafted. So that means two thirds were volunteers. And they said
32:23
that that was about that was about the strength at that time. It gives
32:29
you a I didn't I didn't know that. I thought there were a lot more, a lot more draftees, was my was my understanding. Again,
32:37
it's the internet, so who the heck knows? But again, you know,
32:40
the the point is, before you change the law, you should know
32:44
why you're changing it. You should know why the law was there in the first place. And so if we're going to have criminal trials of people,
32:52
if we're going to have civil trials of people, if we're going to have the government go after people, right, you should know why the safeguards were
33:00
put there in the first place. Before you remove the safeguards just because you
33:06
want a conviction, it just because you think somebody's somebody's bad. That's you
33:13
know, isn't that basic? Isn't that you know, Let's say you didn't
33:16
understand because everyone Let's say everyone wore seat belts, right, like, well,
33:22
geez, I don't need a seatbelt. I don't like seatbelts. Nobody
33:25
dies in car accidents anymore anyway, so why should I wear a seatbelt?
33:30
And then you stop wearing a seatbelt, Now you die in a crash. Whoops. Well, I guess there was a reason for it, right.
33:36
The fact that you don't understand what the reason was, or that it's inconvenient
33:39
for you because now you've got a bad person you want to get maybe maybe
33:45
you should take a little bit longer view on things. I'm just saying,
33:49
because you know I don't like the draft, Let's say, well, what
33:54
would be the consequence? Will be the consequence of that? You know,
33:58
why do we have a draft? Why did we have it? And we
34:00
don't anymore? It's all volunteer now, okay, that which makes total sense,
34:06
right, But back in the day he needed a draft to fill out the throw out the rank. So yeah, you had one, that's why.
34:13
Because you know that I was listening to somebody this morning it's like,
34:15
oh, you know from a military family, and it's like, oh,
34:21
I don't know if I should like the fact that you know that my parents,
34:25
my grandparents, my brothers and sisters were all you know, did military
34:30
service. I'm not so sure about that. It's like, really, really,
34:37
you're not so sure about that? Okay, fine, you know,
34:40
what are you gonna What do you do with people like that? You know?
34:45
Oh, I know, you make them preachers? That that's what you
34:49
do. That's what you do. You're making preachers because maybe they do less
34:53
harm there, who knows, I don't. I couldn't tell. I couldn't
34:58
tell. It seems like they do more harm in and that kind of that
35:00
kind of spot. But anyway, changes in the law, changes in the
35:06
rules. We're looking for some major changes in how the how the whole long
35:12
term care thing works. You get back to our get back to our topic
35:15
break because generally speaking, what we're more concerned about with my practice, you
35:20
know, if you want to get from the sublime to the ridiculous or to
35:23
the nitty gritty, I mean, what we're concerned about is making sure that
35:28
people don't go broke, right and the long term care the way long term
35:32
care works right now, you will go broke. That's the design of the
35:36
system, that's the intention. How can you tell what a you know,
35:40
how can you tell, here's a question for you. How can you tell
35:45
what the intent of a government program is? How can you tell what the
35:51
intent of the government program is? And the answer is you look to the
35:55
results. Especially if something has been going on year after year after year after
36:01
year, there is a reason for it. I maybe you made a mistake
36:08
the first time or I've ever done this. You make a mistake and then
36:12
you say, well, I didn't want to do that. So the next
36:15
time you're confronted with the situation, you do it differently, right, because
36:20
you didn't want that result. But if you have a system that year in
36:27
year out, time after time after time, it has the same result,
36:32
right, then you have to believe that that is the intention of it.
36:42
That's the point of it. So if you have a if you have a
36:47
system whereby middle class people right who worked and saved and did all the good
36:53
things are going broke every day. You know, it's eight thousand bucks a
37:00
month now in long term care and I'm not telling you know it's a very
37:04
nice place. You know. The one I'm thinking of five hundred and fifty
37:07
dollars a day is what is what they charge plus some extras you know,
37:10
get up to six hundred real easy, So eighteen eighteen thousand a month,
37:15
well, you know, let's call it seventeen thousand a month. I'm fine
37:17
with that. So the idea, you know, seventeen four So the idea,
37:24
you know, why are people going broke in long term care? Because
37:30
the system, what the system does, is what it's intended to do,
37:34
what it's supposed to do, right, don't believe if it doesn't act that
37:38
way. You know that's the intention of it. Okay, So if you
37:45
look at let's say, at a society, a given society, just just
37:49
pull one out of the area. They just make one up. Let's say
37:51
you had a governmental entity, a society, a population, right that hated
38:00
another ethnic group and they were close by to each other and all the rest
38:02
of it, right, And the government of this entity, political entity,
38:12
you know, kept preaching, you know, kept trying to kill the other
38:15
people and kill the other people and kill the other people, and got an
38:20
opportunity to do it, to kill the other people, and did it in
38:23
you know, through torture and rape and outright murder and unarmed people. Right.
38:30
And these guys had weapons and stuff, and they blew them up and
38:35
burned them to death and cut them to death, and you know, killed
38:37
parents in front of their children and stuff like that. Now would you say
38:43
that the system Is there a system that would produce that result by accident or
38:50
would that be the whole point of the of the system? Right? Not
38:53
that easy to get people to murder other people. Not that easy to get
38:57
them to chop up other people. I mean, you know, they did
39:00
that experiment where they encourage people to shock other people, and they would do
39:05
it. But that's because you know, they weren't in the same room, they weren't taking a knife to them. It was sort of you know,
39:12
scientific esoteric. But what if you had a system that wound up with mass
39:17
murder of other people? Wouldn't you say that that's kind of the point of
39:22
the system to get people to do that. Then what what do you do?
39:27
Do you say, Oh, well, that's just a system like every
39:30
other system. I guess it's okay. Does that become okay? I don't
39:36
know. Ask some IVY League college students. You might get a surprising you
39:40
might get a surprising answer. M Again, ignorance, consequences and identity and
39:47
all that. I've been listening to the David Carrier Show. I'm David Carrier,
39:52
your family's personal attorney.
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