[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution. [00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect. [00:09.500 --> 00:11.000] Our liberty depends on it. [00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights. [00:16.500 --> 00:18.500] Privacy is under attack. [00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again. [00:22.000 --> 00:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:26.500 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [00:32.000 --> 00:34.500] Privacy, it's worth hanging on to. [00:34.500 --> 00:38.000] This public service announcement is brought to you by Startpage.com, [00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing. [00:42.000 --> 00:45.500] Start over with Startpage. [00:45.500 --> 00:47.500] Spar, it's what fighters do. [00:47.500 --> 00:51.000] It's also how I remember the five guarantees of the First Amendment. [00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you. [00:54.000 --> 00:56.500] Spar with an extra P. [00:56.500 --> 01:03.000] S for speech, P for press, another P for petition, A for assembly, and R for religion. [01:03.000 --> 01:08.500] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion. [01:08.500 --> 01:10.500] But petition for redress is another matter. [01:10.500 --> 01:14.500] We have the right to petition the government for a redress of grievances. [01:14.500 --> 01:17.500] It means that if we're unhappy with what's going on in our government, [01:17.500 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail. [01:21.000 --> 01:30.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:30.500 --> 01:34.500] The Bill of Rights contains the first ten amendments of our Constitution. [01:34.500 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect. [01:38.000 --> 01:39.500] Our liberty depends on it. [01:39.500 --> 01:46.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights. [01:46.000 --> 01:48.000] Privacy is under attack. [01:48.000 --> 01:51.500] When you give up data about yourself, you'll never get it back again. [01:51.500 --> 01:56.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:56.500 --> 02:01.500] So protect your rights, say no to surveillance, and keep your information to yourself. [02:01.500 --> 02:04.000] Privacy, it's worth hanging on to. [02:04.000 --> 02:07.500] This public service announcement is brought to you by StartPage.com, [02:07.500 --> 02:11.500] the private search engine alternative to Google, Yahoo, and Bing. [02:11.500 --> 02:15.500] Start over with StartPage. [02:15.500 --> 02:22.000] 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. [02:22.000 --> 02:26.000] It's how I remember that the Second Amendment guarantees us the right to bear arms, [02:26.000 --> 02:30.000] arms that embrace our freedoms and won't let anyone take them away without a fight. [02:30.000 --> 02:33.500] Get it? Two arms, bear hug, bear arms? [02:33.500 --> 02:38.500] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said, [02:38.500 --> 02:43.500] the right of the citizens to bear arms is just one guarantee against arbitrary government, [02:43.500 --> 02:47.500] one more safeguard against the tyranny which now appears remote in America, [02:47.500 --> 02:50.500] but which historically has proved to always be possible. [02:50.500 --> 03:14.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [03:20.500 --> 03:26.500] Whatcha gonna do? Whatcha gonna do? [03:26.500 --> 03:32.500] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? [03:32.500 --> 03:38.500] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? [03:38.500 --> 03:43.500] When you work and you have bad traits, you go to school and learn the golden rule. [03:43.500 --> 03:49.500] So why are you acting like a bloody fool? If you get hot and you might get cool. [03:49.500 --> 04:01.500] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? [04:01.500 --> 04:03.500] You chuck it on that one, you chuck it on this one. [04:03.500 --> 04:06.500] You chuck it on your mother and you chuck it on your father. [04:06.500 --> 04:09.500] You chuck it on your brother and you chuck it on your sister. [04:09.500 --> 04:12.500] You chuck it on that one and you chuck it on me! [04:12.500 --> 04:20.180] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio, on this Friday, the 21st [04:20.180 --> 04:26.260] day of January 2022. [04:26.260 --> 04:35.460] And I apologize, my killer attack dog shifted into secure mode. [04:35.460 --> 04:41.500] Okay, I'm going to turn the phone lines on immediately. [04:41.500 --> 04:44.780] We have a few people who wanted to call in today. [04:44.780 --> 04:51.220] So if you have a question or a comment, give us a call, 940-399-99. [04:51.220 --> 04:55.340] Wait, wait, you mean 512? [04:55.340 --> 05:00.820] Did I not say 1512? [05:00.820 --> 05:03.180] You're starting off to say a different phone number. [05:03.180 --> 05:04.180] No. [05:04.180 --> 05:05.180] 512-61984. [05:05.180 --> 05:10.180] Do I sound confused? [05:10.180 --> 05:15.900] I know, things just rattle off after a while, you just start saying things because that's [05:15.900 --> 05:18.900] what you always say. [05:18.900 --> 05:25.700] Yeah, 512-646-1984. [05:25.700 --> 05:34.780] And I'm hearing, I was talking to Dr. Joe today, and he said something about France [05:34.780 --> 05:41.180] and someone else other than England who had, who were in the process of dumping all of [05:41.180 --> 05:42.180] the COVID requirements. [05:42.180 --> 05:50.380] Yeah, that was really encouraging, that comment, because I was, last I heard, France was in [05:50.380 --> 05:53.980] persecute the unvaccinated mode. [05:53.980 --> 05:56.420] So this is encouraging. [05:56.420 --> 06:02.900] England sure took a giant step, I listened to the PM's presentation on that and I was [06:02.900 --> 06:12.820] really pleased when he said that henceforth they would trust the judgment of the British [06:12.820 --> 06:16.140] people. [06:16.140 --> 06:20.500] That told me this guy's in political trouble. [06:20.500 --> 06:25.900] But also says he's not from Texas, because if you say henceforth around here, you lose [06:25.900 --> 06:26.900] your street cred. [06:26.900 --> 06:33.180] It turns out he's the Prime Minister of England, but he's from New York City. [06:33.180 --> 06:36.780] Well yeah, in England they can say words like that. [06:36.780 --> 06:42.980] He's an American citizen, and he's the Prime Minister of England. [06:42.980 --> 06:43.980] That was interesting. [06:43.980 --> 06:53.340] Okay, we do have a caller, Chris from Colorado, Chris, what do you have for us today? [06:53.340 --> 07:03.980] Hey Randy, boy that was quick, I was not expecting that, I've got a mouth full of food. [07:03.980 --> 07:04.980] How are you? [07:04.980 --> 07:12.220] I thought I heard some chewing in the background, just give me a free shot at you. [07:12.220 --> 07:17.180] Okay, yeah, how are you feeling Randy, how are you guys doing, I know you've been under [07:17.180 --> 07:18.180] the weather a little bit. [07:18.180 --> 07:22.860] Yeah, I'm doing a lot better, I just got a call from the doctor's office and they confirmed [07:22.860 --> 07:26.900] that I absolutely do have COVID. [07:26.900 --> 07:36.500] I'm pretty well over it, that means I'm immune to it now, and I'm 72, it should kill me. [07:36.500 --> 07:41.300] And although I, if you would have listened to me, you would have thought I was going [07:41.300 --> 07:47.660] to die, but the problem was, is my wife was sick too, so she wasn't impressed with all [07:47.660 --> 07:48.660] my whining. [07:48.660 --> 07:54.140] Yeah, you need to work on your timing. [07:54.140 --> 08:04.020] Yeah I do, she wouldn't wait on me hand and foot, made me wait on her hand and foot. [08:04.020 --> 08:10.260] This is just wrong, that's not manly. [08:10.260 --> 08:18.580] You know, I guess you're right, but I am much better, I have a meeting with someone Monday, [08:18.580 --> 08:25.780] and we're going to talk about filing criminal charges against a doctor who put this woman's [08:25.780 --> 08:32.860] mother on a ventilator and blocked them from giving her an alternative drug that might [08:32.860 --> 08:35.820] have saved her life. [08:35.820 --> 08:42.140] He knew she was going to die on this ventilator, and there was a possibility this other product [08:42.140 --> 08:46.140] would have saved her life, and he blocked them. [08:46.140 --> 08:51.900] So I'm calling that the pre-tart murder. [08:51.900 --> 08:58.660] Now he's saying, well the medical community and the hospital and blah, blah, blah, I don't [08:58.660 --> 09:02.460] care about all those people. [09:02.460 --> 09:11.380] This needs to be, to go before an appeal, and the appeal needs to be before a grand [09:11.380 --> 09:20.700] jury of our peers, let them refute your behavior and see what they think of it. [09:20.700 --> 09:29.060] Killing someone so you can collect $39,000 because you can claim COVID is not acceptable [09:29.060 --> 09:36.340] behavior, and it's my purpose to build a set of complaints so that anyone has this happen [09:36.340 --> 09:42.260] they can go in and fill in the blanks and start filing criminal charges. [09:42.260 --> 09:46.100] I'm also working on Travis County right now. [09:46.100 --> 09:52.620] Travis County, for those of you not in Texas, is the seat of government in Texas. [09:52.620 --> 09:58.340] I have filed criminal charges against the district attorney, accusing the district attorney [09:58.340 --> 10:03.220] of exercising prosecutorial discretion. [10:03.220 --> 10:10.860] I claim it is illegal in Texas, that the legislature never intended a prosecutor have the power [10:10.860 --> 10:17.380] to determine whether or not to prosecute a criminal accusation. [10:17.380 --> 10:23.940] I filed criminal charges with every district judge in Travis County. [10:23.940 --> 10:30.500] I filed against every one of them because they're all Democrats, so is the prosecutor. [10:30.500 --> 10:37.980] And 15.09 Texas Penal Code, I'm sorry, 15.09 Texas Code of Criminal Procedure says that [10:37.980 --> 10:53.140] when a magistrate receives a criminal affidavit, he shall prepare a warrant, does not say [10:53.140 --> 11:00.420] may, might, or can if he wants to, says he shall, that's obligatory, it means must. [11:00.420 --> 11:05.180] They did not issue warrants for the prosecuting attorney. [11:05.180 --> 11:14.860] So now I'm going to the Texas Court of Appeals and filing with one of the judges on the appellate [11:14.860 --> 11:24.340] court bench in his capacity as a magistrate, get him to refuse to issue warrants, and then [11:24.340 --> 11:30.620] sue him personally in his individual capacity. [11:30.620 --> 11:38.020] I'm going to try to get the system so it starts working like it's supposed to. [11:38.020 --> 11:39.860] That's my story and I'm sticking to it. [11:39.860 --> 11:48.100] So the next time a citizen files murder charges against a doctor, nobody interferes with that. [11:48.100 --> 11:54.860] It gets a warrant and the doctor gets pulled before a examining trial and he can explain [11:54.860 --> 11:55.860] himself. [11:55.860 --> 12:05.700] Even if he gets no billed, that's going to get his attention. [12:05.700 --> 12:07.580] That's my story and I'm sticking to it. [12:07.580 --> 12:09.540] What do you have for us today, Chris? [12:09.540 --> 12:15.540] Well, that was a great segue into what I have my question about because I'm hitting the [12:15.540 --> 12:19.380] rails or the road, I guess you want to say, with my lawsuit. [12:19.380 --> 12:27.580] I got it in and the defense has filed a respond. [12:27.580 --> 12:32.580] Now what you're talking about a little bit in the medical world, it almost sounds like [12:32.580 --> 12:37.340] this public policy BS thing that's out there where there's no real law, there's no real [12:37.340 --> 12:40.100] opinion, but everybody follows this public policy. [12:40.100 --> 12:44.180] I don't fully understand it, but anyway, I spoke to the attorney. [12:44.180 --> 12:51.900] He's a nice guy, but he is my opponent and he actually said that this case is obviously [12:51.900 --> 12:58.740] going to go forward, but because of what happened was in my complaint, however, he's trying [12:58.740 --> 13:01.540] to dismiss every single one of my claims. [13:01.540 --> 13:05.140] It's always that he has to, that's his job. [13:05.140 --> 13:06.140] Okay. [13:06.140 --> 13:10.460] He can't miss one of them, he's got to get them all. [13:10.460 --> 13:11.460] Okay. [13:11.460 --> 13:16.580] But he knows that some of them are going through and it's not all of them and the two points [13:16.580 --> 13:20.340] that I need some help with, because I need to set this up for appeal, it's very important [13:20.340 --> 13:23.620] that two things happen for me in this suit. [13:23.620 --> 13:25.420] One is that I keep the insurance company. [13:25.420 --> 13:29.820] Now I know people will throw me back and forth, but I've got them actually almost admitting [13:29.820 --> 13:35.580] that they colluded with their client and that they aided them to spoil evidence. [13:35.580 --> 13:40.780] So they're trying to say that through public policy, not through any statute, through public [13:40.780 --> 13:47.020] policy, insurance companies cannot be included as well, because this time it stops. [13:47.020 --> 13:48.380] No, wait, wait, wait. [13:48.380 --> 13:50.380] How did they say that? [13:50.380 --> 13:51.380] Okay. [13:51.380 --> 13:57.380] Remember, we have a rule, never make proactive statement of law out of your own mouth. [13:57.380 --> 13:59.380] Yeah, that goes for them too. [13:59.380 --> 14:02.380] I actually looked up the law. [14:02.380 --> 14:09.700] So in their email, we talked to our client at length and based on that conversation, [14:09.700 --> 14:12.140] we're going to take the position that we've taken. [14:12.140 --> 14:19.180] However, the Illinois law requires them to take all available information in consideration [14:19.180 --> 14:20.180] of their action. [14:20.180 --> 14:23.940] They never take it all in, they never tell me once. [14:23.940 --> 14:28.980] Then when I made a demand letter before suing, make me whole or be sued, they did it again. [14:28.980 --> 14:33.900] They put it in writing that this, this and this, yet they never contacted me to give [14:33.900 --> 14:34.900] my side of the story. [14:34.900 --> 14:40.780] So they already violated the law and then they made reference to video that their client [14:40.780 --> 14:41.780] is supposed to keep. [14:41.780 --> 14:46.100] And instead of addressing why they didn't have the video, the video wasn't produced, [14:46.100 --> 14:47.100] they just kept quiet. [14:47.100 --> 14:55.340] So I'm alleging that they advised their client to ignore that, which got them in court and [14:55.340 --> 14:57.420] got them a liable fleet. [14:57.420 --> 15:01.500] Okay, did you raise that as a claim? [15:01.500 --> 15:02.500] Yes. [15:02.500 --> 15:03.500] Okay. [15:03.500 --> 15:05.740] And did they not answer that claim? [15:05.740 --> 15:10.380] They answered every one, all nine of my claims are trying to get dismissed. [15:10.380 --> 15:14.620] No, they don't get to just say, we deny all the complaint claims. [15:14.620 --> 15:24.780] They have to deny the factual allegations in the claim or the conclusions that you drew [15:24.780 --> 15:27.340] from the factual accusations. [15:27.340 --> 15:31.980] Did they do that or did they just do a general, we deny that claim? [15:31.980 --> 15:40.740] They did a blanket 12B6 motion to dismiss and eight of my nine, eight of my nine claims, [15:40.740 --> 15:46.740] their motion say I didn't state a claim and instances and something, I think it was the [15:46.740 --> 15:47.740] other one. [15:47.740 --> 15:48.740] But basically- [15:48.740 --> 15:49.740] So maybe they're illiterate. [15:49.740 --> 15:54.500] You've got to consider the possibility. [15:54.500 --> 16:05.020] If your claim is well structured, then you should file for sanctions for filing a frivolous [16:05.020 --> 16:07.700] pleading. [16:07.700 --> 16:17.180] There only needs to be one viable claim to bypass 12B6. [16:17.180 --> 16:26.300] And the claim of spoilation, if they just did a general denial of that one, that would [16:26.300 --> 16:38.260] be enough to bypass 12B6 and ask for sanctions, wasting the court's time for the frivolous [16:38.260 --> 16:39.260] pleading. [16:39.260 --> 16:40.260] Okay. 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[17:39.060 --> 17:40.980] Full consultation is available as well. [17:40.980 --> 17:46.740] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [17:46.740 --> 17:49.700] or email michaelmears at yahoo.com. [17:49.700 --> 17:58.700] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [17:58.700 --> 18:01.700] collectors now. [18:01.700 --> 18:04.780] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [18:04.780 --> 18:08.340] In today's America, we live in an us against them society and if we the people are ever [18:08.340 --> 18:12.260] going to have a free society then we're going to have to stand and defend our own rights. [18:12.260 --> 18:15.740] Among those rights are the right to travel freely from place to place, the right to act [18:15.740 --> 18:19.460] in our own private capacity and most importantly, the right to due process of law. [18:19.460 --> 18:23.620] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [18:23.620 --> 18:25.100] our rights through due process. [18:25.100 --> 18:28.980] Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the [18:28.980 --> 18:32.740] most comprehensive teaching tool available that will help you understand what due process [18:32.740 --> 18:34.900] is and how to hold courts to the rule of law. [18:34.900 --> 18:39.140] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [18:39.140 --> 18:40.500] ordering your copy today. [18:40.500 --> 18:43.980] By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law [18:43.980 --> 18:48.700] Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents [18:48.700 --> 18:50.580] and other useful resource material. [18:50.580 --> 18:54.540] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [18:54.540 --> 18:58.780] Order your copy today and together we can have the free society we all want and deserve. [18:58.780 --> 19:08.460] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [19:28.780 --> 19:53.500] I'm always on the lookout for something to soothe my soul, so I sit back and watch the [19:53.500 --> 20:00.500] evidence unfold, and I see justice in the eyes of God, and I see justice in the eyes [20:00.500 --> 20:01.500] of God. [20:01.500 --> 20:02.500] Okay. [20:02.500 --> 20:03.500] We are back. [20:03.500 --> 20:05.500] Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado. [20:05.500 --> 20:13.740] Chris, can you kind of step through the claims that you have to give everybody an idea of [20:13.740 --> 20:16.500] how you structure a set of claims? [20:16.500 --> 20:17.500] Okay. [20:17.500 --> 20:20.780] So I was given a gift of consumer fraud. [20:20.780 --> 20:25.220] The city of Chicago brought that company in, and they pled liable to consumer fraud. [20:25.220 --> 20:26.820] So that's a res judicata issue. [20:26.820 --> 20:27.820] Done deal. [20:27.820 --> 20:28.820] They can't dismiss it. [20:28.820 --> 20:31.620] That's the one that upset me the most. [20:31.620 --> 20:36.260] However, they also committed fraud because not only did they intend that people rely [20:36.260 --> 20:38.040] on it, I relied upon it. [20:38.040 --> 20:44.340] So I started my lawsuit off with fraud, and then I went through Trespass to Shadows because [20:44.340 --> 20:48.140] they damaged the car. [20:48.140 --> 20:53.340] They converted the car for their own means, so I have a conversion claim, and then I brought [20:53.340 --> 20:58.700] in a very, very complicated one that I did a bunch of research on, and it's a constitutional [20:58.700 --> 21:00.620] rights one. [21:00.620 --> 21:02.820] I weave these guys in as state actors. [21:02.820 --> 21:05.060] This is a hard one, but I think I did a good job. [21:05.060 --> 21:11.900] I don't know if it'll stick, but two companies of all the industries that are out there should [21:11.900 --> 21:17.900] be a state actor because they cannot budge without interacting with the state. [21:17.900 --> 21:20.900] They can't even hook up a car. [21:20.900 --> 21:24.020] So I made a lot of arguments, and I'm not the only one that's done it in the country, [21:24.020 --> 21:26.980] but I plagiarized some of that stuff. [21:26.980 --> 21:32.180] And then I did conspiring with the insurance company, or the insurance company conspired [21:32.180 --> 21:39.620] to deny a lot of certain things and the usual unjust enrichment for both of them. [21:39.620 --> 21:44.980] And then I ended it off with an aided embedding with the insurance company, aided embedded [21:44.980 --> 21:48.940] with their client through the spoilation of evidence and several other things. [21:48.940 --> 21:56.340] And then I ended it off just with the icing on the cake with the public nuisance. [21:56.340 --> 22:01.420] So I told a story with it, and it's pretty to point. [22:01.420 --> 22:10.340] I didn't have to exaggerate much, but I did make a very, very detailed story. [22:10.340 --> 22:12.620] And I knew they would push back on some stuff. [22:12.620 --> 22:15.220] So I'm still surprised they're pushing back on everything. [22:15.220 --> 22:19.380] And I'm trying to get around this public policy thing because public policy, there's no law [22:19.380 --> 22:24.340] anywhere I found anywhere in the country that says that an insurance company can or cannot [22:24.340 --> 22:25.340] insure illegal behavior. [22:25.340 --> 22:27.340] It hasn't been addressed. [22:27.340 --> 22:34.820] I had one lawyer after I pushed him in a corner finally say, it's against public policy, which [22:34.820 --> 22:35.820] means what? [22:35.820 --> 22:40.420] Does it really mean anything? [22:40.420 --> 22:44.380] I think it means we made it up. [22:44.380 --> 22:49.820] I agree. [22:49.820 --> 22:57.580] It sounds like your daughter, I mean, I think it's Monel is the case that addresses public [22:57.580 --> 23:00.580] policy. [23:00.580 --> 23:01.580] Do you remember what that one is? [23:01.580 --> 23:10.340] It's a seminal case, the Brett, Monel v. State, I don't have to look that one up. [23:10.340 --> 23:18.180] It is, I think, the primary seminal case on public policy. [23:18.180 --> 23:23.700] And it's basically public image is what that means. [23:23.700 --> 23:29.460] That's the Monel v. Department of Social Services. [23:29.460 --> 23:31.460] That sounds right. [23:31.460 --> 23:32.460] Yes. [23:32.460 --> 23:40.980] Social Services is following policy and essentially the court said you can use public policy for [23:40.980 --> 23:44.500] toilet paper. [23:44.500 --> 23:46.820] And I tell police that all the time. [23:46.820 --> 23:53.140] As far as I'm concerned, where the policy does not comport with law, you can use it [23:53.140 --> 23:55.540] for toilet paper. [23:55.540 --> 24:05.700] I had a judge in Denton County when I cited Attorney General opinion H500 on the duties [24:05.700 --> 24:07.540] of magistrates. [24:07.540 --> 24:11.780] He said, Mr. Kelton, as far as this court is concerned, you can use an attorney general's [24:11.780 --> 24:13.260] opinion for toilet paper. [24:13.260 --> 24:18.100] Well, an attorney general's opinion is a brief. [24:18.100 --> 24:24.100] I said, well, Your Honor, and it was Judge Shipman, I hope you don't find the underlying [24:24.100 --> 24:32.660] story decisive quite so versatile. [24:32.660 --> 24:34.820] And I did enjoy that. [24:34.820 --> 24:35.820] Okay. [24:35.820 --> 24:43.260] So policy is a non-argument. [24:43.260 --> 24:48.540] So they have to address, you know, they found Rule 12. [24:48.540 --> 24:54.180] In filing a Rule 12, they have to address every single claim. [24:54.180 --> 25:00.940] Otherwise the Rule 12 would not be warranted. [25:00.940 --> 25:05.980] They have to say there are no claims, no valid claims at all. [25:05.980 --> 25:10.020] So they have to address every single one of them. [25:10.020 --> 25:20.600] In order to overcome the Rule 12, you only need to establish one claim, better to establish [25:20.600 --> 25:22.300] each one of them. [25:22.300 --> 25:27.460] This is the sparring that goes on at the beginning of the case. [25:27.460 --> 25:31.500] They're going to come to you and make you an offer. [25:31.500 --> 25:34.660] That's essentially a given. [25:34.660 --> 25:39.380] But what they're doing now is you're both playing poker. [25:39.380 --> 25:44.080] They're trying to figure out who has the best hand. [25:44.080 --> 25:47.980] They're trying to figure out how much is this going to cost us? [25:47.980 --> 25:51.180] So how much can we offer this guy? [25:51.180 --> 25:57.700] So now is when you want to really step on them. [25:57.700 --> 26:03.060] Take every one of their arguments and rip it to shreds. [26:03.060 --> 26:05.980] Okay. [26:05.980 --> 26:17.180] Then when the judge tosses the Rule 12 motion, if he doesn't, then you appeal it. [26:17.180 --> 26:19.460] That's what I need to appeal. [26:19.460 --> 26:20.460] Go ahead. [26:20.460 --> 26:25.620] I want to set this up for appeal because I don't understand how a 12B, can you do partial [26:25.620 --> 26:29.820] dismissals of some of the claims or does it have to be an all for all? [26:29.820 --> 26:32.820] It has to be all. [26:32.820 --> 26:39.460] The 12B6 claims there are no claims for which recovery can be had. [26:39.460 --> 26:41.940] So they're claiming there's nothing. [26:41.940 --> 26:45.940] If there's anything, then they're wrong. [26:45.940 --> 26:49.060] They just shoved their foot right in their mouth, didn't they? [26:49.060 --> 26:51.060] Yeah, they did. [26:51.060 --> 26:57.300] You need to give it a kick and drive it in there a little deeper. [26:57.300 --> 26:59.740] You might consider bar grieving the lawyer. [26:59.740 --> 27:03.020] Oh, I will start with incompetence. [27:03.020 --> 27:09.180] Yeah, he's a nice guy, but life is tough. [27:09.180 --> 27:13.620] Big firm too, there's like 12 of them. [27:13.620 --> 27:14.620] Oh, good. [27:14.620 --> 27:16.620] You know what that means, right? [27:16.620 --> 27:18.620] I do, Brett. [27:18.620 --> 27:19.620] Wonderful. [27:19.620 --> 27:26.020] Yeah, I'm going to have fun playing that out, but it was the first rodeo, so to speak, and [27:26.020 --> 27:32.980] I was really surprised that they took that position because 12B6, they're doing everything [27:32.980 --> 27:36.620] to say they have no claims, but there is one on the Constitutional that I have to figure [27:36.620 --> 27:37.620] out. [27:37.620 --> 27:42.780] I think I can do it, but the original 1983 had no statute of limitations, and then the [27:42.780 --> 27:48.940] Supreme Court ruled, I forget the GARN, I'm going to start with a G, and they made it [27:48.940 --> 27:52.900] a personal injury kind of like guidance more or less. [27:52.900 --> 27:56.380] So every state that has a personal injury statute of limitations, that's the one that's [27:56.380 --> 27:57.380] supposed to apply. [27:57.380 --> 28:02.060] However, there have been exceptions, so I've got to present this exception to make sure [28:02.060 --> 28:06.980] that mine stays with the three-year statute of limitations or even longer, but that's [28:06.980 --> 28:09.980] the one they're using for the 1983 claim. [28:09.980 --> 28:17.260] So everything else, I have no claim, and this one is statute of limitation issue. [28:17.260 --> 28:22.100] And then the owner of the tow company, I sued her individually and as the owner, and the [28:22.100 --> 28:28.140] company itself, and they're trying to get her out as, you can't sue somebody who has [28:28.140 --> 28:29.140] a corporation. [28:29.140 --> 28:30.140] Why? [28:30.140 --> 28:31.140] Say what? [28:31.140 --> 28:46.020] Of course you can, if the owner of the tow company has this corporation and she is the [28:46.020 --> 28:55.100] owner of the corporation or the primary stockholder of the corporation, then you look under the [28:55.100 --> 28:59.780] doctrine of alter ego. [28:59.780 --> 29:06.060] She is the alter ego or the corporation is an alter ego of her. [29:06.060 --> 29:12.380] So you can penetrate the corporate veils when they don't have a real corporation, when the [29:12.380 --> 29:19.420] corporation has just been set up for this specific purpose and hasn't been set up as [29:19.420 --> 29:23.660] a true business entity. [29:23.660 --> 29:28.620] So look up alter ego. [29:28.620 --> 29:29.620] Okay. [29:29.620 --> 29:35.540] I think I have those words in there. [29:35.540 --> 29:38.980] And have you heard, I'll let you guys go because I know there's a lot of people who want to [29:38.980 --> 29:39.980] call in. [29:39.980 --> 29:41.980] Are we already on second floor? [29:41.980 --> 29:42.980] Wow. [29:42.980 --> 29:50.100] Have you heard of the statute of limitations on 1983 claims outside of personal injury? [29:50.100 --> 29:52.540] No, but hang on. [29:52.540 --> 29:57.700] We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be [29:57.700 --> 30:02.700] right back. [30:02.700 --> 30:06.300] It's clear cell phones have changed the way we live and work, but have they negatively [30:06.300 --> 30:07.300] affected our health? [30:07.300 --> 30:11.460] Hi, Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how [30:11.460 --> 30:15.780] cell phones may actually alter our brain chemistry. [30:15.780 --> 30:17.380] Privacy is under attack. [30:17.380 --> 30:20.980] When you give up data about yourself, you'll never get it back again. [30:20.980 --> 30:25.740] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.740 --> 30:30.860] So protect your rights, say no to surveillance, and keep your information to yourself. [30:30.860 --> 30:33.500] Privacy, it's worth hanging on to. [30:33.500 --> 30:37.820] This public service announcement is brought to you by startpage.com, the private search [30:37.820 --> 30:41.340] engine alternative to Google, Yahoo, and Bing. [30:41.340 --> 30:45.180] Start over with startpage. [30:45.180 --> 30:46.860] Cell phones emit radio frequency energy. [30:46.860 --> 30:47.860] It's a fact. [30:47.860 --> 30:51.780] But whether it's dangerous to have a phone beaming this kind of radiation near your head [30:51.780 --> 30:52.780] has been disputed. [30:52.780 --> 30:57.260] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns. [30:57.260 --> 31:01.660] Well, now the Journal of the American Medical Association is confirming that cell phones [31:01.660 --> 31:02.900] affect brain chemistry. [31:02.900 --> 31:08.300] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest [31:08.300 --> 31:11.980] to the cell phone antenna increases when the cell phone is on. [31:11.980 --> 31:15.900] While researchers aren't sure whether this exposure causes damage, I'm not taking any [31:15.900 --> 31:16.900] chances. [31:16.900 --> 31:20.340] I always keep the phone far from my body, and I use a corded headset. [31:20.340 --> 31:22.340] I'm Dr. Catherine Albrecht. [31:22.340 --> 31:30.620] More news and information at CatherineAlbrecht.com. [31:30.620 --> 31:35.340] I lost my son on September 11, 2001. [31:35.340 --> 31:38.900] Most people don't know that a third tower fell on September 11. [31:38.900 --> 31:43.020] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [31:43.020 --> 31:48.860] Although the official explanation is that fire brought down Building 7, over 1,200 architects [31:48.860 --> 31:52.580] and engineers have looked into the evidence and believe there is more to the story. [31:52.580 --> 31:55.740] Bring justice to my son, my uncle, my nephew, my son. [31:55.740 --> 31:57.980] Go to buildingwatch.org. [31:57.980 --> 32:01.820] Why it fell, why it matters, and what you can do. [32:01.820 --> 32:06.220] Are you looking to have a closer relationship with God and a better understanding of His [32:06.220 --> 32:07.220] Word? [32:07.220 --> 32:11.900] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for [32:11.900 --> 32:16.940] Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy [32:16.940 --> 32:17.940] 2.15. [32:17.940 --> 32:23.260] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [32:23.260 --> 32:25.660] dividing the word of truth. [32:25.660 --> 32:29.620] Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse [32:29.620 --> 32:32.940] by verse and discuss the true Gospel message. [32:32.940 --> 32:37.580] Our second-hour topical studies will vary each week with discussions on sound doctrine [32:37.580 --> 32:39.980] and Christian character development. [32:39.980 --> 32:44.500] We wish to reflect God's light and be a blessing to all those with a hearing ear. [32:44.500 --> 32:48.860] Our goal is to strengthen our faith and to transform ourselves more into the likeness [32:48.860 --> 32:50.340] of our Lord and Savior Jesus. [32:50.340 --> 32:57.740] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and [32:57.740 --> 33:04.740] motivate your studies of the Scriptures. [33:57.740 --> 34:13.740] Okay. [34:13.740 --> 34:14.740] We are back. [34:14.740 --> 34:19.020] Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado. [34:19.020 --> 34:21.740] And Chris, there's no hurry for you to drop off. [34:21.740 --> 34:25.500] This is the kind of stuff we don't talk about a whole lot. [34:25.500 --> 34:31.580] We talk about filing lawsuits, but we don't really get into the meat. [34:31.580 --> 34:34.900] And this is the meat part. [34:34.900 --> 34:38.140] They file a Rule 12 motion to dismiss. [34:38.140 --> 34:43.980] You come back and kick them in the teeth. [34:43.980 --> 34:49.660] So each one where you can address the argument and show that the argument is frivolous, you [34:49.660 --> 34:55.300] ask for sanctions for that. [34:55.300 --> 35:02.420] If there's just one where there's not a good argument on their part, this is a Rule 12B6. [35:02.420 --> 35:12.540] That makes their argument frivolous and produced to create delay for delay's sake. [35:12.540 --> 35:17.980] This lets them know you're going to do everything you can to kick them in their teeth. [35:17.980 --> 35:21.740] So you barbary the lawyer for filing a frivolous pleading and ask for sanctions. [35:21.740 --> 35:26.980] I'm going to say, wait, that's what I always file. [35:26.980 --> 35:31.940] What's wrong with it this time? [35:31.940 --> 35:35.380] Public policy, that's what's wrong with it. [35:35.380 --> 35:36.380] Public policy. [35:36.380 --> 35:39.020] Now, back to public policy. [35:39.020 --> 35:43.020] Did they state a public policy? [35:43.020 --> 35:49.420] Did they cite the policy or did they just say the words public policy? [35:49.420 --> 35:56.380] No, in all the states except one, I think that's Louisiana, Texas may be another exception. [35:56.380 --> 36:02.300] It's common law essentially that you cannot sue an insurance company directly along with [36:02.300 --> 36:03.300] their client. [36:03.300 --> 36:07.140] You have to sue their client first and then in most states you can sue the insurance company [36:07.140 --> 36:08.140] in another suit. [36:08.140 --> 36:10.140] In Texas, I heard you can't even do that. [36:10.140 --> 36:11.500] Now, wait a minute. [36:11.500 --> 36:17.540] In this case, you have the insurance company as a primary actor. [36:17.540 --> 36:18.540] Yes. [36:18.540 --> 36:26.940] Where an insurance company simply indemnifies a client, that's one thing, but where an insurance [36:26.940 --> 36:33.020] company conspires with the client to obstruct justice, that's a whole other animal. [36:33.020 --> 36:35.420] That's my argument. [36:35.420 --> 36:39.980] So good. [36:39.980 --> 36:44.660] I think you're in really good shape and I kind of wanted to go into this so people filing [36:44.660 --> 36:52.740] criminal complaints, I'm sorry, filing civil suits will better understand you have to have [36:52.740 --> 36:57.460] individual claims and they each have to be well-argued themselves because the other side [36:57.460 --> 37:05.220] is going to come back with Rule 12B6, Motion to Dismiss for Failure to State a Claim. [37:05.220 --> 37:12.460] And when you have well-crafted claims, now they got a problem. [37:12.460 --> 37:17.980] In this case, it looks like they have filed a frivolous pleading and that really makes [37:17.980 --> 37:20.980] the lawyer look bad. [37:20.980 --> 37:25.420] And it tells them these guys are going to be difficult. [37:25.420 --> 37:31.140] So we might want to make them a big offer to get this to go away before they cause us [37:31.140 --> 37:32.140] a fortune. [37:32.140 --> 37:37.660] And when you bar-grieve that lawyer and the first time, second time he responds, you bar-grieve [37:37.660 --> 37:40.580] the whole law firm. [37:40.580 --> 37:44.980] And the law firm is going to go to their client and tell them, this is going to cost you a [37:44.980 --> 37:47.740] lot of money. [37:47.740 --> 37:55.420] And most likely the law firm is not going to want to continue in the face of bar grievances. [37:55.420 --> 37:58.900] So they're likely going to have to find them another lawyer and they're probably going [37:58.900 --> 38:03.940] to tell them, you need to settle with this guy. [38:03.940 --> 38:05.740] Wow. [38:05.740 --> 38:08.420] Yeah, we have the initial talks. [38:08.420 --> 38:11.580] I told them my number, he said, there, they're going to make you win that in court. [38:11.580 --> 38:12.580] It isn't excessive. [38:12.580 --> 38:13.580] It is a big chunk. [38:13.580 --> 38:18.420] But they were thinking more like 10 to 50,000 and they didn't offer it. [38:18.420 --> 38:19.420] They just hinted. [38:19.420 --> 38:21.060] I said, no, I'm not. [38:21.060 --> 38:23.020] We're not doing a settlement discussion. [38:23.020 --> 38:25.660] I mean, a settlement conference or anything like that. [38:25.660 --> 38:29.660] This is what I'm asking for and I'm fully willing to go to trial. [38:29.660 --> 38:33.340] And to go to trial, actually, we'll find more in discovery and if the price is only going [38:33.340 --> 38:34.340] to go up. [38:34.340 --> 38:35.340] And so- [38:35.340 --> 38:36.340] That's how you- [38:36.340 --> 38:37.340] You should play poker. [38:37.340 --> 38:38.340] Yeah. [38:38.340 --> 38:39.340] Yeah. [38:39.340 --> 38:40.340] Well put. [38:40.340 --> 38:45.580] I just beat the crap out of State Farm for some friends of mine. [38:45.580 --> 38:49.620] I didn't realize I was beating them up, but they settled for the full amount for my accident [38:49.620 --> 38:51.620] for the property damage. [38:51.620 --> 38:54.860] We weren't missing that, but we were breaking a bunch of laws. [38:54.860 --> 38:58.740] And so I was super cocky that week when that lawyer called. [38:58.740 --> 38:59.740] Good. [38:59.740 --> 39:10.900] You know, he's going to play everything down as much as possible. [39:10.900 --> 39:14.220] You're going to play everything up as much as possible. [39:14.220 --> 39:18.060] This is how it always works. [39:18.060 --> 39:20.420] You go through a couple of rounds. [39:20.420 --> 39:22.940] They test your metal. [39:22.940 --> 39:29.620] If they see you're going to stand up to them and take them on every potential issue, then [39:29.620 --> 39:32.300] they up the amount. [39:32.300 --> 39:38.020] And heck, they may go for the full amount if they think they'll lose. [39:38.020 --> 39:42.180] They'd be better off giving you the full amount and fighting you because then they're going [39:42.180 --> 39:46.820] to lose all their attorney costs as well. [39:46.820 --> 39:53.660] If you win on one issue, they can't get attorney fees. [39:53.660 --> 39:57.580] I've already got them on me, but I have to keep the insurance company in in order for [39:57.580 --> 39:58.580] it to really stick. [39:58.580 --> 40:01.180] I've got to keep those guys in there. [40:01.180 --> 40:04.620] I'm hoping the judge, did you know the judge, Larry Andy? [40:04.620 --> 40:07.040] Why do you need the insurance company in there? [40:07.040 --> 40:12.900] Because they will indemnify their client in either case. [40:12.900 --> 40:16.500] Because it makes a point that insurance companies can no longer be doing what they're doing [40:16.500 --> 40:19.700] behind the scenes because they're protected by public policy. [40:19.700 --> 40:21.860] Oh, okay. [40:21.860 --> 40:28.620] So you're saying public policy is condoning criminal behavior? [40:28.620 --> 40:30.340] Yes. [40:30.340 --> 40:32.540] Good. [40:32.540 --> 40:42.260] That's the kind of thing they're not going to want to get to an appellate court for the [40:42.260 --> 40:47.580] insurance company because that could undermine them under every other case that they do. [40:47.580 --> 40:51.540] Sounds like you're in good shape. [40:51.540 --> 40:52.540] Okay. [40:52.540 --> 40:57.500] So that last one on the civil rights one is a big one though because a lot of states are [40:57.500 --> 40:59.380] doing this thing called the Towing Bill of Rights. [40:59.380 --> 41:04.420] Now, I know it doesn't mean the Bill of Rights as in the Bill of Rights, but it is a reference [41:04.420 --> 41:05.420] to the rights of the people. [41:05.420 --> 41:08.700] So I mean, that's how I weaved it in also with that. [41:08.700 --> 41:12.220] The Towing Bill of Rights is an amazing document in Chicago. [41:12.220 --> 41:13.220] It's 10 points. [41:13.220 --> 41:18.500] It's five pages long, and it really spells out what the people's rights are with regards [41:18.500 --> 41:19.500] to towing. [41:19.500 --> 41:25.060] So I may have missed my statute of limitations for the general, but I have seen a few exceptions [41:25.060 --> 41:27.020] where they've moved it to five years. [41:27.020 --> 41:30.020] It's in some of the law books that they're teaching. [41:30.020 --> 41:32.780] That's why I asked if you've heard it in any other things that I might be able to look [41:32.780 --> 41:33.780] for. [41:33.780 --> 41:39.540] But really, if that civil rights thing sticks, that changes towing in all of Chicago. [41:39.540 --> 41:40.540] Completely changes. [41:40.540 --> 41:43.220] They are not going to want that to happen. [41:43.220 --> 41:44.220] Yeah, I know. [41:44.220 --> 41:45.220] That's why I'm trying. [41:45.220 --> 41:47.100] They got to do my research more of that. [41:47.100 --> 41:49.820] I really need that to stick and I need those guys to stay in. [41:49.820 --> 41:54.900] I'll let I'll let the nuisance public nuisance thing go and maybe some unjust enrichment. [41:54.900 --> 41:59.380] But that's that's like the only ones I want to disappear, if any. [41:59.380 --> 42:00.380] I want these other ones. [42:00.380 --> 42:03.540] These are all big heavy hitters because that's a corrupt city. [42:03.540 --> 42:05.740] You know, Randy, you grew up there and it's still corrupt. [42:05.740 --> 42:07.700] Yes, I do. [42:07.700 --> 42:13.780] Yeah, it was it was the most corrupt place I had ever been. [42:13.780 --> 42:21.340] Yeah, I'd left Chicago to get away from how corrupt the police were. [42:21.340 --> 42:28.580] We were more afraid of the police than we were criminals. [42:28.580 --> 42:33.780] Arm pit of the nation, anus rectum of the world. [42:33.780 --> 42:41.540] As you might guess, Chicago is not one of my favorite places. [42:41.540 --> 42:46.460] OK, so sounds like you're in pretty good shape. [42:46.460 --> 42:54.460] OK, did you have any any tips on what I should do for the statute of limitations on the 1983 [42:54.460 --> 42:55.460] claim? [42:55.460 --> 43:02.500] You do have a reasonable cause for the delay. [43:02.500 --> 43:09.620] Delay in filing is there has there been anything that the opposing party has done that caused [43:09.620 --> 43:13.940] a delay in filing? [43:13.940 --> 43:18.700] The only the only reason I did it in three years is because that statute for consumer [43:18.700 --> 43:19.700] fraud. [43:19.700 --> 43:21.260] Everything else is five years. [43:21.260 --> 43:25.460] But under Illinois law, they their state has a two year personal injury. [43:25.460 --> 43:28.940] Most states have three and Wyoming has like four. [43:28.940 --> 43:33.940] However, I didn't know, I don't know if I can claim this one, but I didn't know my [43:33.940 --> 43:41.180] rights were violated until the administrative courts show that they had violated the Toe [43:41.180 --> 43:42.180] and Goa rights. [43:42.180 --> 43:44.460] And that was about a year and a half later. [43:44.460 --> 43:47.340] And that is a good argument. [43:47.340 --> 43:51.260] OK, that's a that's a that's a valid argument. [43:51.260 --> 43:58.300] OK, and a good even if the court agrees with with them and rules in their favor, that doesn't [43:58.300 --> 44:02.460] help us this through advances in technology. [44:02.460 --> 44:06.780] Our lives have greatly improved, except in the area of nutrition. [44:06.780 --> 44:09.020] People feed their pets better than they feed themselves. [44:09.020 --> 44:11.500] And it's time we changed all that. [44:11.500 --> 44:17.180] Our primary defense against aging and disease in this toxic environment is good nutrition. [44:17.180 --> 44:23.980] In a world where natural foods have been irradiated, adulterated, immutated, young Jevity can provide [44:23.980 --> 44:25.980] the nutrients you need. [44:25.980 --> 44:30.860] Logos Radio Network gets many requests to endorse all sorts of products, most of which [44:30.860 --> 44:31.860] we reject. [44:31.860 --> 44:37.020] We have come to trust young Jevity so much, we became a marketing distributor along with [44:37.020 --> 44:39.820] Alex Jones, Ben Fuchs and many others. [44:39.820 --> 44:46.220] When you order from LogosRadioNetwork.com, your health will improve as you help support [44:46.220 --> 44:47.220] quality radio. [44:47.220 --> 44:51.820] As you realize the benefits of young Jevity, you may want to join us. [44:51.820 --> 44:57.740] As a distributor, you can experience improved health, help your friends and family and increase [44:57.740 --> 44:58.740] your income. [44:58.740 --> 44:59.740] Order now. [44:59.740 --> 45:04.420] Are you the plaintiff or defendant in a lawsuit? [45:04.420 --> 45:11.180] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [45:11.180 --> 45:15.020] that will show you how in 24 hours, step by step. [45:15.020 --> 45:18.860] If you have a lawyer, know what your lawyer should be doing. [45:18.860 --> 45:23.140] If you don't have a lawyer, know what you should do for yourself. [45:23.140 --> 45:28.100] Thousands have won with our step by step course and now you can too. [45:28.100 --> 45:34.860] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [45:34.860 --> 45:39.380] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.380 --> 45:43.700] principles and practices that control our American courts. [45:43.700 --> 45:49.860] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.860 --> 45:52.140] pro se tactics and much more. [45:52.140 --> 46:20.700] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ. [46:20.700 --> 46:45.100] Okay, we are back, Randy Kelton, Fountain Rule Law Radio and it doesn't matter what [46:45.100 --> 46:50.100] happens in the trial court and this goes back to Jurisdictionary. [46:50.100 --> 46:51.820] You're just setting the record for appeal. [46:51.820 --> 46:55.580] You don't care what that judge rules. [46:55.580 --> 46:59.140] You're just putting the facts of law on the record. [46:59.140 --> 47:05.860] The other side will realize that you're doing that and now they have to look past the trial [47:05.860 --> 47:15.220] court to the appellate courts and how much risk are they willing to take? [47:15.220 --> 47:26.500] Are they willing to risk a ruling against them on this public policy crapola or even [47:26.500 --> 47:31.260] the statute of limitations issue? [47:31.260 --> 47:37.060] Since you had really no effective way of knowing, let me back that up. [47:37.060 --> 47:45.980] How would you have been able to know that there was a towing bill of rights? [47:45.980 --> 47:54.380] Well, I found it and that's the one I got them to apply it through the city agency that [47:54.380 --> 48:00.020] does enforce that but it took them over a year to get the towing company in the court [48:00.020 --> 48:06.100] and find them for that fraction and that day, that's my argument I guess, that's when I [48:06.100 --> 48:10.220] knew for sure there was a violation in place. [48:10.220 --> 48:18.380] Your argument should be that that time period in which this was being adjudicated should [48:18.380 --> 48:25.100] toll the statute of limitations on your claim. [48:25.100 --> 48:31.100] Because if they ruled completely in the towing company's favor, then you would have had no [48:31.100 --> 48:33.500] claim. [48:33.500 --> 48:41.140] So you had to wait to bring your claim until the city or whoever it was rendered their [48:41.140 --> 48:47.740] ruling. [48:47.740 --> 48:58.620] Not knowing is not a good argument but here you knew but it was not ripe for a claim until [48:58.620 --> 49:03.180] it was adjudicated that they acted wrongfully. [49:03.180 --> 49:10.500] And that should start the statute of limitations clock towing and not when the actual infraction [49:10.500 --> 49:11.500] occurred. [49:11.500 --> 49:12.500] Okay. [49:12.500 --> 49:13.500] Okay. [49:13.500 --> 49:14.500] I'll look into that. [49:14.500 --> 49:18.220] I'm sure there's a bunch of case law on that one as well. [49:18.220 --> 49:20.220] I'll look into that. [49:20.220 --> 49:21.220] Good. [49:21.220 --> 49:22.220] Okay. [49:22.220 --> 49:23.220] Thank you. [49:23.220 --> 49:24.220] Do you have anything else Chris? [49:24.220 --> 49:25.220] No. [49:25.220 --> 49:26.220] It's great to talk to you guys. [49:26.220 --> 49:27.220] Thank you so much. [49:27.220 --> 49:28.220] This is fun Randy. [49:28.220 --> 49:30.220] It's a lot of work but this is fun. [49:30.220 --> 49:34.460] That's what people need to get. [49:34.460 --> 49:39.900] Once you get over the doorstep and get past that funny part where they appear to be beating [49:39.900 --> 49:44.700] you up, then everything changes. [49:44.700 --> 49:47.580] I can almost hear them doing the chicken neck across the phone. [49:47.580 --> 49:56.620] I don't know if they're doing it but I can almost hear them doing it. [49:56.620 --> 49:57.620] Thank you guys so much. [49:57.620 --> 49:58.620] Thank you. [49:58.620 --> 49:59.620] Okay. [49:59.620 --> 50:05.540] Now we're going to go to what looks like a new first time caller. [50:05.540 --> 50:14.300] If you are from the 731 area code, 731, that's Tennessee. [50:14.300 --> 50:16.100] Do we have someone from Tennessee? [50:16.100 --> 50:23.580] Well, I don't know, let's... Sorry? [50:23.580 --> 50:26.580] I am from Tennessee. [50:26.580 --> 50:33.340] The real question is, are you a hillbilly from West Tennessee? [50:33.340 --> 50:36.660] I am from West Tennessee. [50:36.660 --> 50:43.940] I'm from a little place called Palmer'sville, just north of Dresden. [50:43.940 --> 50:45.620] Okay. [50:45.620 --> 50:48.380] You've got to be in that neighborhood somewhere. [50:48.380 --> 50:52.580] I'm originally from Parsons, Tennessee. [50:52.580 --> 50:55.620] She's heard of that. [50:55.620 --> 51:05.380] If you're originally from the 731 area code, we're Ken. [51:05.380 --> 51:10.980] In that area code, before you can get married, you have to get a DNA test. [51:10.980 --> 51:15.460] Yes, I can confirm. [51:15.460 --> 51:16.980] Okay. [51:16.980 --> 51:19.020] What do you have for us today? [51:19.020 --> 51:21.180] All right. [51:21.180 --> 51:24.580] I actually have quite a few things I'm about to do. [51:24.580 --> 51:28.340] I'm about to send a bunch of different affidavits in, different cases. [51:28.340 --> 51:29.340] Wait, wait, wait. [51:29.340 --> 51:30.340] Hold on. [51:30.340 --> 51:31.340] I forgot to do something. [51:31.340 --> 51:38.340] Give us a first name, and now we know the state, so we can get you in our database. [51:38.340 --> 51:40.380] Austin. [51:40.380 --> 51:42.620] Just whatever you want us to call you. [51:42.620 --> 51:47.700] Austin, and are you... Is this about... You're in Tennessee, or you're just... That's where [51:47.700 --> 51:50.340] your phone was from? [51:50.340 --> 51:53.300] I'm actually in Florida. [51:53.300 --> 51:57.220] Is this a Florida situation we're dealing with here? [51:57.220 --> 51:58.220] It is. [51:58.220 --> 51:59.220] Okay. [51:59.220 --> 52:00.220] Okay. [52:00.220 --> 52:03.220] We're going to ask it in Florida. [52:03.220 --> 52:04.220] Good. [52:04.220 --> 52:05.220] Yes. [52:05.220 --> 52:06.220] Okay. [52:06.220 --> 52:07.220] Travis. [52:07.220 --> 52:10.220] You have a bunch of claims, a bunch of affidavits. [52:10.220 --> 52:11.220] Yeah. [52:11.220 --> 52:12.220] Yeah. [52:12.220 --> 52:13.820] I have quite a few things going on. [52:13.820 --> 52:21.540] We have other state, federal issues, but right now, I just wanted to call about the Florida, [52:21.540 --> 52:23.180] state of Florida case. [52:23.180 --> 52:32.180] Where, you know, the cause of action is honestly pretty endless, but there is an ongoing case [52:32.180 --> 52:35.860] that my friend that was with me is for taking in, right? [52:35.860 --> 52:39.940] We're both going to be sitting in these affidavits, and some of the... I just have really basic [52:39.940 --> 52:40.940] questions. [52:40.940 --> 52:44.940] They may be very newbie questions, but when I'm trying to send them to the respondent, [52:44.940 --> 52:51.900] I'm getting every officer involved, and I have the judge, I have the actual court, and [52:51.900 --> 52:56.940] so what starts to kind of give me hiccups is, do I list these municipal corporations [52:56.940 --> 53:03.380] as respondent in addition to the individual? [53:03.380 --> 53:06.380] Randy. [53:06.380 --> 53:12.260] Did that make sense? [53:12.260 --> 53:13.660] You got some input about that? [53:13.660 --> 53:14.660] Yeah. [53:14.660 --> 53:20.100] I understood your question to be whether or not you should list municipal corporations [53:20.100 --> 53:24.060] as respondents, but I'm really not clear myself yet, and I don't know, Randy, maybe you already [53:24.060 --> 53:26.060] got this, but I'm not clear on... [53:26.060 --> 53:30.380] Did you mute my mic when I wasn't looking? [53:30.380 --> 53:32.900] I wish I could. [53:32.900 --> 53:36.460] If I had that button, that would be pretty fun. [53:36.460 --> 53:37.460] Hey, hey, hey. [53:37.460 --> 53:42.100] Right in the middle of your word or something, that would be kind of cool. [53:42.100 --> 53:43.100] Yeah, okay. [53:43.100 --> 53:50.020] When I go after public officials, I always want to be able to claim that they were actually [53:50.020 --> 53:55.380] acting outside of scope. [53:55.380 --> 54:03.620] Acting outside of scope puts them outside of their immunity, qualified or otherwise. [54:03.620 --> 54:11.660] You want to accuse them of something like official misconduct or official oppression. [54:11.660 --> 54:20.180] Accused them of doing something that amounts to a crime because crimes are not within scope. [54:20.180 --> 54:27.260] What keeps you in court is not what you can prove up, but the nature of the claim that [54:27.260 --> 54:30.180] you make. [54:30.180 --> 54:37.500] If you claim this policeman while acting in the capacity of a peace officer did this thing [54:37.500 --> 54:42.020] and did that thing and did the other, the court's going to throw your case out because [54:42.020 --> 54:49.500] they're going to say that the officer is protected by official immunity. [54:49.500 --> 54:56.900] If you claim that this officer acted outside the scope of his authority and in the process [54:56.900 --> 55:02.980] committed a criminal act, that is not within scope. [55:02.980 --> 55:10.860] You specifically argue that his action was not within the scope of his authority. [55:10.860 --> 55:16.940] What the court is going to do is look at it from the 12b6 perspective. [55:16.940 --> 55:23.420] Is the plaintiff stating a claim for which recovery can be had? [55:23.420 --> 55:30.660] Now, you can claim that the policeman knocked you down, beat you up, spit in your face, [55:30.660 --> 55:31.860] whatever you want to. [55:31.860 --> 55:37.420] If you claim he did that while acting, like if you say the officer pulled me over, he [55:37.420 --> 55:42.940] was a certified peace officer and he turned his lights on me and pulled me over and he [55:42.940 --> 55:45.100] did all these rotten things. [55:45.100 --> 55:50.380] You have claimed that he was acting within the scope of his authority and the judge will [55:50.380 --> 55:52.700] throw it out immediately. [55:52.700 --> 56:02.100] Which claim is, is that while he may have been covered by the official immunity in his [56:02.100 --> 56:10.940] original stop, at one point he committed an act that had the effect of denying you in [56:10.940 --> 56:17.100] the due course of the laws of Florida. [56:17.100 --> 56:26.900] At that point, he became a criminal trespasser ab initio from the beginning and all his acts [56:26.900 --> 56:27.900] were defeated. [56:27.900 --> 56:32.420] There's case law that I'm quoting, I just don't know exactly where the case law is at [56:32.420 --> 56:39.540] the moment, but you claim that he committed a criminal act and exceeded his, acted outside [56:39.540 --> 56:42.140] the scope of his authority. [56:42.140 --> 56:44.620] We have a primary case in Texas on that. [56:44.620 --> 56:52.900] A jailer is sent to the El Paso city jail to pick up this 19 year old girl and take [56:52.900 --> 56:59.540] her to the El Paso county jail and he decides to have a little recreation on the way and [56:59.540 --> 57:01.940] rapes her. [57:01.940 --> 57:11.580] And she sued and he claimed qualified immunity and the judge was not amused by that and made [57:11.580 --> 57:22.100] it clear that rape is not within scope, but committing crimes against you is not within [57:22.100 --> 57:24.460] scope. [57:24.460 --> 57:30.100] So you have to make that claim in your filing. [57:30.100 --> 57:37.380] Now whether you can prove up outside of scope or not, that's something for the trial court. [57:37.380 --> 57:43.580] Not something for 12b6, does that make sense? [57:43.580 --> 57:44.580] Yes. [57:44.580 --> 57:51.540] So them acting out of the scope where they're purview allows me to list them individually [57:51.540 --> 58:03.180] as respondent and so should I still list the municipal entities, like T. West for example? [58:03.180 --> 58:11.660] I generally don't want to because the municipal entity will use that as an excuse to indemnify [58:11.660 --> 58:16.100] the officer even if the officer is acting outside of scope. [58:16.100 --> 58:23.460] And then I wind up having to argue that the municipality by indemnifying this guy is misappropriating [58:23.460 --> 58:26.660] public funds and it gets into an extra argument. [58:26.660 --> 58:32.980] About to go to our sponsors, I'll pick this up on the other side there, if you go after [58:32.980 --> 58:38.500] the officer himself, the city's going to come in and try to indemnify him. [58:38.500 --> 58:41.740] And you're going to argue against it and they'll wind up making you a better deal. [58:41.740 --> 58:50.420] Hang on, Randy Kelton, Brent Fountain, we'll be right back. [58:50.420 --> 58:54.540] Would you like to make more definite progress in your walk with God? [58:54.540 --> 58:59.740] Bibles for America is offering a free study Bible and a set of free Christian books that [58:59.740 --> 59:01.060] can really help. [59:01.060 --> 59:05.540] The New Testament Recovery Version is one of the most comprehensive study Bibles available [59:05.540 --> 59:06.540] today. [59:06.540 --> 59:10.420] It's an accurate translation and it contains thousands of footnotes that will help you [59:10.420 --> 59:13.540] to know God and to know the meaning of life. [59:13.540 --> 59:18.800] The free books are a three volume set called Basic Elements of the Christian Life. [59:18.800 --> 59:23.060] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan [59:23.060 --> 59:28.000] of salvation, growing in Christ and how to build up the church. [59:28.000 --> 59:33.020] To order your free New Testament Recovery Version and Basic Elements of the Christian [59:33.020 --> 59:45.780] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit [59:45.780 --> 01:00:02.420] us online at bfa.org. [01:00:02.420 --> 01:00:06.100] The Bill of Rights contains the first ten amendments of our Constitution. [01:00:06.100 --> 01:00:09.540] They guarantee a specific freedoms Americans should know and protect. [01:00:09.540 --> 01:00:10.980] Our liberty depends on it. [01:00:10.980 --> 01:00:14.920] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember [01:00:14.920 --> 01:00:17.780] one of your constitutional rights. [01:00:17.780 --> 01:00:19.380] Privacy is under attack. [01:00:19.380 --> 01:00:22.980] When you give up data about yourself, you'll never get it back again. [01:00:22.980 --> 01:00:27.780] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:00:27.780 --> 01:00:32.900] So protect your rights, say no to surveillance and keep your information to yourself. [01:00:32.900 --> 01:00:35.540] Privacy, it's worth hanging onto. [01:00:35.540 --> 01:00:39.820] This public service announcement is brought to you by Startpage.com, the private search [01:00:39.820 --> 01:00:43.360] engine alternative to Google, Yahoo and Bing. [01:00:43.360 --> 01:00:45.460] Start over with Startpage. [01:00:45.460 --> 01:00:49.140] Imagine your mom and dad are getting ready for bed. [01:00:49.140 --> 01:00:52.240] They pull back the covers and find a third party there. [01:00:52.240 --> 01:00:55.420] He announces, I'm with the military and I'm sleeping here tonight. [01:00:55.420 --> 01:00:59.580] That shocking image of a third party in my parents' bed reminds me what the third amendment [01:00:59.580 --> 01:01:01.180] was designed to prevent. [01:01:01.180 --> 01:01:05.380] It protects us from being forced to share our homes with soldiers, a common demand in [01:01:05.380 --> 01:01:07.500] the days of our founding fathers. [01:01:07.500 --> 01:01:09.500] Third party, third amendment, get it? [01:01:09.500 --> 01:01:13.660] So if you answer a knock at your door and guys in fatigues demand lodging, tell them [01:01:13.660 --> 01:01:17.260] to dust off their copy of the Bill of Rights and reread the third amendment. [01:01:17.260 --> 01:01:32.220] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [01:01:32.220 --> 01:01:35.860] The Bill of Rights contains the first 10 amendments of our constitution. [01:01:35.860 --> 01:01:40.260] They guarantee you the specific freedoms Americans should know and protect, our liberty depends [01:01:40.260 --> 01:01:41.260] on it. [01:01:41.260 --> 01:01:44.680] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember [01:01:44.680 --> 01:01:47.660] one of your constitutional rights. [01:01:47.660 --> 01:01:49.260] Privacy is under attack. [01:01:49.260 --> 01:01:52.860] When you give up data about yourself, you'll never get it back again. [01:01:52.860 --> 01:01:57.620] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:01:57.620 --> 01:02:02.660] So protect your rights, say no to surveillance and keep your information to yourself. [01:02:02.660 --> 01:02:05.400] Privacy, it's worth hanging on to. [01:02:05.400 --> 01:02:09.700] This public service announcement is brought to you by Startpage.com, the private search [01:02:09.700 --> 01:02:13.220] engine alternative to Google, Yahoo and Bing. [01:02:13.220 --> 01:02:16.940] Start over with Startpage. [01:02:16.940 --> 01:02:21.900] Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles. [01:02:21.900 --> 01:02:26.780] That imagery reminds me that the fourth amendment guarantees Americans freedom from unreasonable [01:02:26.780 --> 01:02:28.260] search and seizure. [01:02:28.260 --> 01:02:31.340] Fourth amendment, four eyes staring at you, get it? [01:02:31.340 --> 01:02:34.580] Unfortunately, the government is trampling our fourth amendment rights in the name of [01:02:34.580 --> 01:02:35.580] security. [01:02:35.580 --> 01:02:40.260] Case in point, TSA airport scanners that peer under your clothing. [01:02:40.260 --> 01:02:44.260] When government employees demand a peep of your privates without probable cause, I say [01:02:44.260 --> 01:02:47.100] it's time to sound the constitutional alarm bells. [01:02:47.100 --> 01:02:51.380] Join me in asking our representatives to dust off the Bill of Rights and use their googly [01:02:51.380 --> 01:02:53.620] eyes to take a gander at the fourth. [01:02:53.620 --> 01:02:55.460] I'm Dr. Catherine Albrecht. [01:02:55.460 --> 01:03:04.940] More news and information at CatherineAlbrecht.com. [01:03:04.940 --> 01:03:28.440] Well, thank you [01:03:34.940 --> 01:03:38.240] I won't pay for the fun with my body. [01:03:38.240 --> 01:03:41.740] Cause a plant's wicked and their logic shoddy. [01:03:41.740 --> 01:03:45.140] Ain't gonna pay for the oil with my body. [01:03:45.140 --> 01:03:48.440] I won't pay for the boys with my money. [01:03:48.440 --> 01:03:52.740] Ain't gonna pay for the kids with my body. [01:03:52.740 --> 01:03:56.040] The whole agenda smells funny. [01:03:56.040 --> 01:04:02.640] I wanna fight in a war of my own. [01:04:02.640 --> 01:04:09.740] And one would speak less, I said that's wrong. [01:04:09.740 --> 01:04:16.140] I wanna pay for a war of my own. [01:04:16.140 --> 01:04:18.340] They live in glass houses. [01:04:18.340 --> 01:04:19.940] Okay, we are back. [01:04:19.940 --> 01:04:23.240] Randy Kelton, Brett Fountain, Rule of Law Radio. [01:04:23.240 --> 01:04:29.140] On this Friday, the 21st day of January, 2022. [01:04:29.140 --> 01:04:32.340] And we have some open slots on the call board. [01:04:32.340 --> 01:04:38.240] Our call-in number is 512-646-1984. [01:04:38.240 --> 01:04:40.340] Did I get that right, Brett? [01:04:40.340 --> 01:04:41.440] Yeah, that was a good one. [01:04:41.440 --> 01:04:45.240] Okay, I'm getting old here, I have to check. [01:04:45.240 --> 01:04:48.240] We had Ted and Danny on, they dropped off. [01:04:48.240 --> 01:04:51.340] If you guys are out there, give us a call. [01:04:51.340 --> 01:04:54.340] We'll get to everybody. [01:04:54.340 --> 01:04:57.740] Now we're going back to Austin. [01:04:57.740 --> 01:05:00.140] We're not going to Austin, we're going to Florida. [01:05:00.140 --> 01:05:03.840] But we're going to Austin and Florida. [01:05:03.840 --> 01:05:07.040] Did you know there was an Austin in Florida? [01:05:07.040 --> 01:05:09.740] That's confusing. [01:05:09.740 --> 01:05:12.140] Okay, Austin. [01:05:12.140 --> 01:05:17.640] Okay, what is the nature of the claim you have [01:05:17.640 --> 01:05:21.740] against these multiple entities? [01:05:21.740 --> 01:05:25.840] Okay, so basically conspiracy against rights, [01:05:25.840 --> 01:05:28.340] deprivation of rights, under cover of law, [01:05:28.340 --> 01:05:31.440] federally protected activities, damage to religious property, [01:05:31.440 --> 01:05:35.540] obstruction of persons, and a free exercise of religious belief, [01:05:35.540 --> 01:05:37.540] false injuries and reports of minors or securities, [01:05:37.540 --> 01:05:38.940] male-threatening communications, [01:05:38.940 --> 01:05:41.040] securities of the states and private entities, [01:05:41.040 --> 01:05:44.840] fictitious obligations, firearm policy, unlawful detention, [01:05:44.840 --> 01:05:48.040] extortion by officers or employees of the United States, [01:05:48.040 --> 01:05:51.640] perjury generally, and statements or injuries generally [01:05:51.640 --> 01:05:56.240] are the U.S. codes that I have in the claim. [01:05:56.240 --> 01:05:58.640] Right, and then the affidavit of facts breaks down. [01:05:58.640 --> 01:06:04.340] I mean, they very blatantly are in violation of each of these, [01:06:04.340 --> 01:06:11.040] from violation of the Fourth Amendment right to restrictions, [01:06:11.040 --> 01:06:14.440] then forcing, a wild handcuff forcing us to wear masks [01:06:14.440 --> 01:06:18.840] when we told them that we medically did not to, you know, [01:06:18.840 --> 01:06:19.940] we didn't want to take them in. [01:06:19.940 --> 01:06:25.640] We got solitary confinement, exceeding durations of 35 hours, [01:06:25.640 --> 01:06:30.640] forced to take a COVID test to be able to leave isolation. [01:06:30.640 --> 01:06:34.440] So the list of things is pretty long. [01:06:34.440 --> 01:06:38.040] And, you know, I'm just trying to make sure I send them [01:06:38.040 --> 01:06:39.140] to the right people. [01:06:39.140 --> 01:06:44.040] I have the individuals here, and I, you know, [01:06:44.040 --> 01:06:48.440] I'm just pretty new to this, generally speaking. [01:06:48.440 --> 01:06:52.240] The nice part about being the plaintiff [01:06:52.240 --> 01:06:56.840] is you have plenty of time to build your case. [01:06:56.840 --> 01:07:01.640] So if you have a lot of actors, you have time to build a case [01:07:01.640 --> 01:07:06.940] against each one of them, then stitch all those cases together, [01:07:06.940 --> 01:07:16.040] and you file your suit, and if you serve your party on a Monday, [01:07:16.040 --> 01:07:21.040] they will have exactly 21 days in which to answer. [01:07:21.040 --> 01:07:23.940] They have, and this is assuming a federal suit, [01:07:23.940 --> 01:07:29.940] from the way you spoke, I'm assuming you're going to the tent. [01:07:29.940 --> 01:07:33.140] Is that correct? [01:07:33.140 --> 01:07:35.340] Well, I don't know, right? [01:07:35.340 --> 01:07:38.440] In this, this is a state of Florida case. [01:07:38.440 --> 01:07:43.140] I just know that they're acting outside of U.S. code. [01:07:43.140 --> 01:07:44.940] That was Trump, from my understanding. [01:07:44.940 --> 01:07:45.840] I also do have... [01:07:45.840 --> 01:07:47.040] Be careful. [01:07:47.040 --> 01:07:55.640] Okay, now you're treading kind of a difficult path here. [01:07:55.640 --> 01:08:02.340] What they're likely to do is if you make any federal claims, [01:08:02.340 --> 01:08:08.540] they will immediately remove it to the federal court. [01:08:08.540 --> 01:08:09.340] Okay. [01:08:09.340 --> 01:08:13.240] So if you want a separate suit in the state, [01:08:13.240 --> 01:08:16.240] and then another one in the Fed, [01:08:16.240 --> 01:08:19.540] then you have to be really careful in your pleading [01:08:19.540 --> 01:08:25.340] not to claim anything under a federal issue. [01:08:25.340 --> 01:08:29.040] Make all your claims under state. [01:08:29.040 --> 01:08:34.740] I sued Wise County, Texas, for 400 million, [01:08:34.740 --> 01:08:38.940] and they did lots of federal violations, [01:08:38.940 --> 01:08:42.140] but I didn't claim any of those federal violations. [01:08:42.140 --> 01:08:47.340] I only claimed state violations, and I was very careful. [01:08:47.340 --> 01:08:54.340] You have parallel state and federal constitutional issues. [01:08:54.340 --> 01:08:59.740] So always make your claim in the state law [01:08:59.740 --> 01:09:03.740] or under state constitution instead of Fed, [01:09:03.740 --> 01:09:05.940] because the first time you hit Fed, [01:09:05.940 --> 01:09:08.340] they're going to snatch you out to the federal court. [01:09:08.340 --> 01:09:10.440] It's not necessarily a bad thing, [01:09:10.440 --> 01:09:15.040] but in my case, I want to sue them in the state, [01:09:15.040 --> 01:09:20.240] get them to make as many screw-ups as they can, [01:09:20.240 --> 01:09:27.640] and then use those screw-ups to drag them out to the Fed. [01:09:27.640 --> 01:09:29.440] You figure out how you want to do this, [01:09:29.440 --> 01:09:32.040] but be careful about state and federal, [01:09:32.040 --> 01:09:34.840] mixing up state and federal. [01:09:34.840 --> 01:09:35.840] Okay, cool. [01:09:35.840 --> 01:09:36.640] Daniel, thank you for that. [01:09:36.640 --> 01:09:41.440] I do have a couple of other things that are in federal court, [01:09:41.440 --> 01:09:43.340] First Amendment issues, [01:09:43.340 --> 01:09:47.140] so I guess that that would be more hyperlogical [01:09:47.140 --> 01:09:49.740] to go the federal route, and then I should basically find the... [01:09:49.740 --> 01:09:50.640] Wait, wait, wait, wait. [01:09:50.640 --> 01:09:56.140] You're going to have one of those in the state as well. [01:09:56.140 --> 01:09:57.740] Okay. [01:09:57.740 --> 01:10:02.040] Yeah, every state's going to have essentially the same rights [01:10:02.040 --> 01:10:06.640] in their Constitution as you have in the federal Constitution. [01:10:06.640 --> 01:10:09.640] Right, to find the correlated state law. [01:10:09.640 --> 01:10:11.840] Exactly. [01:10:11.840 --> 01:10:12.640] Okay, perfect. [01:10:12.640 --> 01:10:15.840] That's if you want to stay in the state. [01:10:15.840 --> 01:10:22.240] If you don't mind them removing it to the Fed, that's okay. [01:10:22.240 --> 01:10:27.640] But in my case, I want to sue them in both places. [01:10:27.640 --> 01:10:31.340] I want to beat them up in the state and cost them a lot of money, [01:10:31.340 --> 01:10:33.740] and then win, lose, or draw, we're going to the Feds [01:10:33.740 --> 01:10:36.240] and doing this all over again. [01:10:36.240 --> 01:10:39.440] They'll love you. [01:10:39.440 --> 01:10:43.440] Perfect, I like it. [01:10:43.440 --> 01:10:46.840] Hey, Austin, one thing, just a little point of clarification. [01:10:46.840 --> 01:10:49.240] I just got... [01:10:49.240 --> 01:10:51.040] Rose just reached out to me, [01:10:51.040 --> 01:10:56.040] and I'm thinking it might be good to just clarify, [01:10:56.040 --> 01:11:02.840] make sure that you're clear on an affidavit is not exactly [01:11:02.840 --> 01:11:08.640] the same thing as the document that will initiate your court case. [01:11:08.640 --> 01:11:12.340] Are you clear on that already? [01:11:12.340 --> 01:11:15.940] Yeah, you have your notice of claim, [01:11:15.940 --> 01:11:19.640] and then you have your affidavit to support them. [01:11:19.640 --> 01:11:25.540] An affidavit in a civil action is merely a statement of facts. [01:11:25.540 --> 01:11:27.940] It can be in a separate document, [01:11:27.940 --> 01:11:36.240] or generally, it's the first thing after your introduction. [01:11:36.240 --> 01:11:37.240] This is... [01:11:37.240 --> 01:11:38.940] First, you start out with who the party... [01:11:38.940 --> 01:11:42.040] First thing you always start out with is, [01:11:42.040 --> 01:11:46.340] this is what we are going to prove. [01:11:46.340 --> 01:11:50.640] Then you do jurisdiction, you do parties, [01:11:50.640 --> 01:11:53.740] and then you do a statement of facts. [01:11:53.740 --> 01:11:55.740] That's your affidavit. [01:11:55.740 --> 01:11:58.740] That is an art form. [01:11:58.740 --> 01:12:05.040] I always produce my statement of facts last, [01:12:05.040 --> 01:12:14.140] or I'll do a statement of fact outline in the form of a timeline. [01:12:14.140 --> 01:12:16.140] This happened, this happened, this happened, this happened. [01:12:16.140 --> 01:12:19.740] This is just to get everything lined out in the right place. [01:12:19.740 --> 01:12:24.040] That's the first document I produce when I'm doing a suit. [01:12:24.040 --> 01:12:27.940] You get your timeline, get everything in place. [01:12:27.940 --> 01:12:31.940] Even things you don't think are important, put everything in there. [01:12:31.940 --> 01:12:37.640] That document, that timeline will be the basis for your building your entire suit. [01:12:37.640 --> 01:12:39.840] That won't ever go into the suit, [01:12:39.840 --> 01:12:44.840] but you'll build the suit using that as a basis. [01:12:44.840 --> 01:12:50.740] Once you've been through all the things that happened in the order that they happened, [01:12:50.740 --> 01:12:55.340] because when we have these experiences and we talk about them to other people, [01:12:55.340 --> 01:12:58.140] we tend to get things out of place, [01:12:58.140 --> 01:13:00.940] the timeline gets everything sorted out. [01:13:00.940 --> 01:13:08.640] Then you go down the timeline and figure out all of the claims that you can make [01:13:08.640 --> 01:13:12.140] based on all of these things that happened. [01:13:12.140 --> 01:13:14.840] And you build yourself a novel. [01:13:14.840 --> 01:13:18.740] You tell the whole story of what happened. [01:13:18.740 --> 01:13:21.340] You want that in writing. [01:13:21.340 --> 01:13:26.940] Once you have the whole story and all of the things they did wrong in it, [01:13:26.940 --> 01:13:29.240] now you go to your claims. [01:13:29.240 --> 01:13:35.240] Which one of these things they did wrong can amount to a claim? [01:13:35.240 --> 01:13:39.040] And you list out all of your claims. [01:13:39.040 --> 01:13:48.140] Now you look at it and say, okay, which one of these claims do I want to bring? [01:13:48.140 --> 01:13:59.740] How do I want my case to resonate before the jury? [01:13:59.740 --> 01:14:06.240] You got all kinds of claims you could put in there that don't necessarily lead to [01:14:06.240 --> 01:14:08.540] where you're trying to take them. [01:14:08.540 --> 01:14:11.240] You know, I tell about this bailiff that drug me downstairs, [01:14:11.240 --> 01:14:14.540] shoved me out the door and broke my elbow. [01:14:14.540 --> 01:14:21.640] I couldn't use that because it didn't help the case I was building. [01:14:21.640 --> 01:14:23.540] It was a distraction. [01:14:23.540 --> 01:14:27.340] So you look at all of those claims that will simply be a distraction [01:14:27.340 --> 01:14:32.540] and not add to your ultimate end result. [01:14:32.540 --> 01:14:39.740] And once you get those sorted out, now you go back to your statement of facts [01:14:39.740 --> 01:14:46.940] and you adjust your statement of facts so that a reasonable person [01:14:46.940 --> 01:14:51.240] of ordinary prudence in reading these facts, [01:14:51.240 --> 01:14:58.340] after you've told him this is what the plaintiff will prove, [01:14:58.340 --> 01:15:04.440] then you take them to the facts and you want them to read the facts [01:15:04.440 --> 01:15:10.240] and based on the facts you gave them, come to the conclusion [01:15:10.240 --> 01:15:13.740] that you're going to get them to try to come to [01:15:13.740 --> 01:15:18.940] when you get to your statement of claim or your argument in support [01:15:18.940 --> 01:15:22.340] and then your causes of action. [01:15:22.340 --> 01:15:26.340] You want them to have already came to the conclusion [01:15:26.340 --> 01:15:33.240] that you're going to address when you get in your points and authorities. [01:15:33.240 --> 01:15:36.940] They won't necessarily agree with you, [01:15:36.940 --> 01:15:40.840] but they will be able to see how you got there [01:15:40.840 --> 01:15:44.740] and it will make your arguments very coherent. [01:15:44.740 --> 01:15:49.440] They're always leading from one point to the next [01:15:49.440 --> 01:15:52.240] and you don't trip up your reader. [01:15:52.240 --> 01:15:56.740] So they read this argument and they say, what the heck's that got to do with anything? [01:15:56.740 --> 01:15:59.940] Yeah, it's an argument, but it doesn't stitch things together. [01:15:59.940 --> 01:16:03.540] You want everything to just flow one from the other. [01:16:03.540 --> 01:16:05.840] Am I making sense here? [01:16:05.840 --> 01:16:08.640] Yeah, it makes perfect sense. [01:16:08.640 --> 01:16:11.040] The quintile effectively. [01:16:11.040 --> 01:16:20.140] Okay, what this will do is your timeline becomes your backbone. [01:16:20.140 --> 01:16:24.440] Then your story, you fill everything in [01:16:24.440 --> 01:16:27.040] and then you take out all the stuff you don't need. [01:16:27.040 --> 01:16:30.640] And from that, you build your claims [01:16:30.640 --> 01:16:34.740] and from the claims document, you build your statement of facts. [01:16:34.740 --> 01:16:37.940] Every piece of work you do adds to the next one [01:16:37.940 --> 01:16:41.040] sequentially makes everything fit together. [01:16:41.040 --> 01:16:45.440] When you file your suit, they're going to file a motion to dismiss. [01:16:45.440 --> 01:16:48.340] You're going to file an opposition to the motion to dismiss [01:16:48.340 --> 01:16:53.340] and that starts the documentation you'll use all the way through the rest of the case. [01:16:53.340 --> 01:16:56.840] I'll explain a little bit more about that when we come back on the other side. [01:16:56.840 --> 01:17:00.240] We'll be right back. [01:17:00.240 --> 01:17:05.440] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:17:05.440 --> 01:17:09.140] Stop debt collectors now with the Michael Mears proven method. [01:17:09.140 --> 01:17:12.940] Michael Mears has won six cases in federal court against debt collectors [01:17:12.940 --> 01:17:14.740] and now you can win too. [01:17:14.740 --> 01:17:18.740] You'll get step-by-step instructions in plain English on how to win in court [01:17:18.740 --> 01:17:20.940] using federal civil rights statutes. [01:17:20.940 --> 01:17:24.640] What to do when contacted by phone, mail, or court summons. [01:17:24.640 --> 01:17:26.640] How to answer letters and phone calls. [01:17:26.640 --> 01:17:29.240] How to get debt collectors out of your credit report. [01:17:29.240 --> 01:17:33.940] How to turn the financial tables on them and make them pay you to go away. [01:17:33.940 --> 01:17:38.740] The Michael Mears proven method is the solution for how to stop debt collectors. [01:17:38.740 --> 01:17:41.140] Personal consultation is available as well. [01:17:41.140 --> 01:17:46.740] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [01:17:46.740 --> 01:17:49.540] or email michaelmears at yahoo.com. [01:17:49.540 --> 01:17:57.340] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:17:57.340 --> 01:18:00.340] to learn how to stop debt collectors now. [01:18:00.340 --> 01:18:01.340] I love logos. [01:18:01.340 --> 01:18:04.940] Without the shows on this network, I'd be almost as ignorant as my friends. [01:18:04.940 --> 01:18:07.540] I'm so addicted to the truth now that there's no going back. [01:18:07.540 --> 01:18:08.740] I need my truth pick. [01:18:08.740 --> 01:18:10.640] I'd be lost without logos. [01:18:10.640 --> 01:18:13.540] And I really want to help keep this network on the air. [01:18:13.540 --> 01:18:16.340] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, [01:18:16.340 --> 01:18:20.540] and I really don't have any money to give because I spent it all on supplements. [01:18:20.540 --> 01:18:22.240] How can I help logos? [01:18:22.240 --> 01:18:24.140] Well, I'm glad you asked. [01:18:24.140 --> 01:18:27.340] Whenever you order anything from Amazon, you can help logos. [01:18:27.340 --> 01:18:31.540] When ordering your supplies or holiday gifts, first thing you do is clear your cookies. [01:18:31.540 --> 01:18:34.940] Now, go to logosradio.network.com. [01:18:34.940 --> 01:18:37.940] Click on the Amazon logo and bookmark it. [01:18:37.940 --> 01:18:43.640] Now, when you order anything from Amazon, you use that link and logos gets a few pesos. [01:18:43.640 --> 01:18:44.540] Do I pay extra? [01:18:44.540 --> 01:18:45.140] No. [01:18:45.140 --> 01:18:47.340] Do you have to do anything different when I order? [01:18:47.340 --> 01:18:47.940] No. [01:18:47.940 --> 01:18:49.440] Can I use my Amazon Prime? [01:18:49.440 --> 01:18:50.240] No. [01:18:50.240 --> 01:18:51.040] I mean, yes. [01:18:51.040 --> 01:18:51.740] Wow. [01:18:51.740 --> 01:18:54.440] Giving without doing anything or spending any money. [01:18:54.440 --> 01:18:55.940] This is perfect. [01:18:55.940 --> 01:18:57.140] Thank you so much. [01:18:57.140 --> 01:18:58.540] We are welcome. [01:18:58.540 --> 01:19:08.540] Happy Holidays, Logos. [01:19:28.540 --> 01:19:58.240] Okay, we are back. [01:19:58.240 --> 01:20:04.440] Randy Kelton, Fountain Rue of La Radio, and we're talking to Austin in Florida. [01:20:04.440 --> 01:20:12.840] And when you started talking about what you were doing, I saw a problem coming. [01:20:12.840 --> 01:20:19.040] And that's because you got lots of stuff. [01:20:19.040 --> 01:20:21.740] And that becomes a problem. [01:20:21.740 --> 01:20:26.440] As I built a lot of these large documents, [01:20:26.440 --> 01:20:30.040] it becomes very confusing. [01:20:30.040 --> 01:20:34.740] You've got all of these things that happened and all these issues. [01:20:34.740 --> 01:20:39.940] And you sit there and how the heck do I put this all together? [01:20:39.940 --> 01:20:43.140] So it makes sense. [01:20:43.140 --> 01:20:46.340] That's why you start with a timeline. [01:20:46.340 --> 01:20:48.540] You build your arguments. [01:20:48.540 --> 01:20:53.240] Your arguments will become points and authorities. [01:20:53.240 --> 01:20:57.640] Points and authorities always come after your statement of facts. [01:20:57.640 --> 01:20:59.640] But you build that before the statement of facts [01:20:59.640 --> 01:21:02.740] because you don't know everything you're going to keep in there. [01:21:02.740 --> 01:21:05.840] So you've got all this stuff out here. [01:21:05.840 --> 01:21:09.540] The timeline will allow you to start stitching this stuff together [01:21:09.540 --> 01:21:13.340] in the order that it needs to go. [01:21:13.340 --> 01:21:17.340] Once you've got all of this stuff stitched together in the order it needs to go, [01:21:17.340 --> 01:21:20.440] now comes the hard part. [01:21:20.440 --> 01:21:24.540] You go in there and look at all these claims and say, [01:21:24.540 --> 01:21:30.040] what is the frame of mind I want my jury in [01:21:30.040 --> 01:21:34.540] once they've read this whole document? [01:21:34.540 --> 01:21:37.440] What do I want them to think? [01:21:37.440 --> 01:21:42.240] What outcome do I want from this, from them? [01:21:42.240 --> 01:21:47.040] And which of these arguments do I need in there [01:21:47.040 --> 01:21:53.940] to lead them to the conclusions I want them to come to? [01:21:53.940 --> 01:21:57.340] That helps you to logically sort things out. [01:21:57.340 --> 01:22:02.740] But you won't be able to do it on the first pass or two. [01:22:02.740 --> 01:22:08.940] So you build your whole story with details and facts and law. [01:22:08.940 --> 01:22:11.240] That's the biggest part you'll do. [01:22:11.240 --> 01:22:14.140] Then you start taking that apart [01:22:14.140 --> 01:22:17.940] and putting in your claims and causes of action. [01:22:17.940 --> 01:22:22.740] You want each claim to lead directly to the next, [01:22:22.740 --> 01:22:25.840] to the next, so that's a follow-in line. [01:22:25.840 --> 01:22:31.140] And as you do this, you'll see all kind of stuff you can charge them with. [01:22:31.140 --> 01:22:36.440] But it doesn't help you lead them toward your outcome. [01:22:36.440 --> 01:22:39.140] So they become distractions. [01:22:39.140 --> 01:22:41.840] The bailiff dragged me down the stairs, shoved me out the door, [01:22:41.840 --> 01:22:43.940] knocked me down, broke my elbow. [01:22:43.940 --> 01:22:50.240] That would have been nothing in my suit except a distraction. [01:22:50.240 --> 01:22:52.540] It would not have led me toward my outcome. [01:22:52.540 --> 01:22:54.840] This is a discipline. [01:22:54.840 --> 01:23:01.740] Once you've done this one time, you will become a force to be reckoned with. [01:23:01.740 --> 01:23:04.040] Lawyers don't do this. [01:23:04.040 --> 01:23:10.340] I very seldom find a lawsuit that a reasonable person [01:23:10.340 --> 01:23:15.540] of ordinary prudence can read and make sense of. [01:23:15.540 --> 01:23:18.740] I've got paragraphs that are half a page long. [01:23:18.740 --> 01:23:23.540] Human beings can't read a half a page paragraph. [01:23:23.540 --> 01:23:27.340] These have been broken into pieces. [01:23:27.340 --> 01:23:30.540] We'll get to some other strategies. [01:23:30.540 --> 01:23:37.940] And one of them is when you're writing all of these documents, [01:23:37.940 --> 01:23:43.940] put a heading every time you change subject matter. [01:23:43.940 --> 01:23:49.340] Every time you would put in a new paragraph, put a heading on it. [01:23:49.340 --> 01:23:54.140] Use the styles tool inside of Word. [01:23:54.140 --> 01:23:58.640] Put a heading on it and make sure when you write that paragraph, [01:23:58.640 --> 01:24:02.240] it stays true to that heading. [01:24:02.240 --> 01:24:09.440] That will do more to help you organize and create a well-structured document [01:24:09.440 --> 01:24:13.240] than anything else you can do. [01:24:13.240 --> 01:24:17.040] If you've got a heading on every paragraph, you will look at that thing [01:24:17.040 --> 01:24:22.740] and find that you've argued the exact same thing two or three times. [01:24:22.740 --> 01:24:26.440] And you've argued it in different ways. [01:24:26.440 --> 01:24:29.740] So one argument will tend to negate another argument. [01:24:29.740 --> 01:24:32.640] It gets really confusing. [01:24:32.640 --> 01:24:39.340] But if you've got a heading on it, then after I get my document built, [01:24:39.340 --> 01:24:41.340] then I pull up my table of contents. [01:24:41.340 --> 01:24:47.440] If you use the styles menu in Microsoft Word to set your headings, [01:24:47.440 --> 01:24:55.240] then you can call up your navigation pane under the view menu. [01:24:55.240 --> 01:24:58.340] It's got a click for navigation pane. [01:24:58.340 --> 01:25:05.640] And that will take all of your headings and load them up as a table of contents. [01:25:05.640 --> 01:25:10.040] So you can take a large document and move up and down it. [01:25:10.040 --> 01:25:16.240] And the first thing I do once I've done my first pass is I go back [01:25:16.240 --> 01:25:20.840] and go down the table of contents and look for similar headings. [01:25:20.840 --> 01:25:23.440] And I find they keep coming up all the time. [01:25:23.440 --> 01:25:25.640] Sometimes they're appropriate. [01:25:25.640 --> 01:25:31.740] But when that happens, I check the two different arguments that are similar [01:25:31.740 --> 01:25:37.840] and make sure they fit together because the lawyer will rip you to shreds. [01:25:37.840 --> 01:25:41.740] Okay. Basic run through. [01:25:41.740 --> 01:25:43.740] First thing, get your timeline down. [01:25:43.740 --> 01:25:46.940] Get down everything that happened. [01:25:46.940 --> 01:25:52.240] Once you got that, then call us back and we'll talk about how to build the arguments. [01:25:52.240 --> 01:25:58.440] You can build a really powerful suit, but you're talking about a lot of stuff. [01:25:58.440 --> 01:26:00.640] And if you've never done this before, it's going to really be hard. [01:26:00.640 --> 01:26:04.240] Okay. I'm going to shut up now. [01:26:04.240 --> 01:26:07.540] What do you think, Austin? [01:26:07.540 --> 01:26:10.540] Yeah. I think that's great advice. [01:26:10.540 --> 01:26:15.740] I did instinctively start to notice earlier that it should be sequential [01:26:15.740 --> 01:26:19.440] so that it's just coherent for whoever's reading it. [01:26:19.440 --> 01:26:23.140] But your details are helping out a lot because I'm brand new to it. [01:26:23.140 --> 01:26:27.940] And it is quite overwhelming maybe at first. [01:26:27.940 --> 01:26:29.440] So yeah, that's what I'll do. [01:26:29.440 --> 01:26:33.640] I'll put in a sequential timeline and heading, [01:26:33.640 --> 01:26:38.440] basically preemptively setting up the later cause of action is what you're saying. [01:26:38.440 --> 01:26:44.740] Yeah. When you're doing your timeline, don't be critical. [01:26:44.740 --> 01:26:46.940] Don't say, oh, well, this won't be important. [01:26:46.940 --> 01:26:49.840] You don't know what's going to be important. [01:26:49.840 --> 01:26:52.440] So you put everything in there. [01:26:52.440 --> 01:26:57.540] What is important and what's not will sort itself out later. [01:26:57.540 --> 01:27:04.840] Okay. When you start a case like this, you don't always understand the underlying law. [01:27:04.840 --> 01:27:11.740] As you start putting it together, you'll start drawing out the law [01:27:11.740 --> 01:27:13.740] and stitching the laws together. [01:27:13.740 --> 01:27:19.440] And what will happen is you'll see this law and say, wait a minute, wait a minute. [01:27:19.440 --> 01:27:22.040] That applies here, here, here, and here. [01:27:22.040 --> 01:27:27.840] You'll start integrating the law into the facts. [01:27:27.840 --> 01:27:33.240] And that will bring out facts that probably when you first came across them, [01:27:33.240 --> 01:27:36.540] you didn't think were important. [01:27:36.540 --> 01:27:41.740] And all of a sudden as you do your homework, as you do your research, [01:27:41.740 --> 01:27:44.840] you will become clear which matters and which doesn't. [01:27:44.840 --> 01:27:45.940] I hope that makes sense. [01:27:45.940 --> 01:27:48.840] I'm kind of rambling here. [01:27:48.840 --> 01:27:50.040] Now, it makes perfect sense. [01:27:50.040 --> 01:27:50.740] It makes perfect sense. [01:27:50.740 --> 01:27:57.940] Like don't close yourself out presuming what you won't need for that. [01:27:57.940 --> 01:28:00.040] Right. You can always throw stuff away. [01:28:00.040 --> 01:28:04.040] If you got too much in there, you can always toss it out. [01:28:04.040 --> 01:28:11.440] But if you didn't put it in there, and a lot of times I wind up with holes in my document. [01:28:11.440 --> 01:28:18.540] I reach a point where I'm making my arguments and I can see something's missing. [01:28:18.540 --> 01:28:23.940] These two pieces aren't logically tied together and I have to go back to my timeline [01:28:23.940 --> 01:28:29.340] and study my timeline and look for where I've missed things in the timeline [01:28:29.340 --> 01:28:33.140] to make these pieces stitched together. [01:28:33.140 --> 01:28:38.240] I know this sounds kind of complicated, but as you begin to do this, [01:28:38.240 --> 01:28:42.240] this will give you a methodology. [01:28:42.240 --> 01:28:46.640] Whether it's a good one or a bad one, it is one. [01:28:46.640 --> 01:28:51.240] And each person who does this will develop their own strategies. [01:28:51.240 --> 01:28:55.440] But this will give you a backbone to start from. [01:28:55.440 --> 01:28:58.240] Perfect. Thank you so much. [01:28:58.240 --> 01:28:59.340] You are welcome. [01:28:59.340 --> 01:29:02.640] And don't be a stranger. [01:29:02.640 --> 01:29:08.340] As this thing moves along, we'd like to see it develop. [01:29:08.340 --> 01:29:12.440] And frankly, I took advantage of you. [01:29:12.440 --> 01:29:18.840] I used you as an opportunity to go through this for everybody else. [01:29:18.840 --> 01:29:23.840] And I would like to continue to use you for that purpose. [01:29:23.840 --> 01:29:31.440] You can help us teach everybody how to craft a complex legal document [01:29:31.440 --> 01:29:36.040] if you did it right the first time. [01:29:36.040 --> 01:29:37.540] Sounds good. [01:29:37.540 --> 01:29:42.240] So you're going to be our crash dummy. [01:29:42.240 --> 01:29:45.340] Perfect. [01:29:45.340 --> 01:29:53.140] Okay, so have I kind of fed you with a fire hose? [01:29:53.140 --> 01:29:56.840] Yeah, a little bit. [01:29:56.840 --> 01:30:01.840] Okay, well. [01:30:01.840 --> 01:30:06.040] Sorry, soft drink lovers, even diet drinks can make you fat. [01:30:06.040 --> 01:30:09.440] A new study shows that diet soda drinkers gain much more weight [01:30:09.440 --> 01:30:11.340] than people who avoid the stuff. [01:30:11.340 --> 01:30:13.540] I'm Dr. Catherine Albrecht, and I'll be back in a moment [01:30:13.540 --> 01:30:16.940] with a scoop on supposedly skinny sodas. [01:30:16.940 --> 01:30:18.840] Privacy is under attack. [01:30:18.840 --> 01:30:22.440] When you give up data about yourself, you'll never get it back again. [01:30:22.440 --> 01:30:24.240] And once your privacy is gone, [01:30:24.240 --> 01:30:27.240] you'll find your freedoms will start to vanish too. [01:30:27.240 --> 01:30:30.140] So protect your rights, say no to surveillance, [01:30:30.140 --> 01:30:32.440] and keep your information to yourself. [01:30:32.440 --> 01:30:34.940] Privacy, it's worth hanging on to. [01:30:34.940 --> 01:30:38.540] This public service announcement is brought to you by StartPage.com, [01:30:38.540 --> 01:30:42.540] the private search engine alternative to Google, Yahoo, and Bing. [01:30:42.540 --> 01:30:45.940] Start over with StartPage. [01:30:45.940 --> 01:30:50.040] Artificial sweeteners cut the calories and help you lose weight, right? [01:30:50.040 --> 01:30:51.040] Wrong. [01:30:51.040 --> 01:30:54.840] Researchers at UT San Antonio followed hundreds of diet soda drinkers [01:30:54.840 --> 01:30:56.140] for nearly a decade. [01:30:56.140 --> 01:30:58.540] They found that regularly drinking diet soda [01:30:58.540 --> 01:31:02.840] expanded people's waistlines five times more than no soda at all. [01:31:02.840 --> 01:31:06.440] The study's authors say artificial sweeteners trigger the appetite, [01:31:06.440 --> 01:31:09.740] but unlike regular sugars, don't deliver anything to squelch it. [01:31:09.740 --> 01:31:13.040] Waking up hunger without satisfying it leads to cravings, [01:31:13.040 --> 01:31:16.040] which can result in a larger overall calorie intake. [01:31:16.040 --> 01:31:19.140] So use natural sweeteners to maintain a healthy weight, [01:31:19.140 --> 01:31:22.440] and if you need to shed some pounds, avoid the sweet stuff altogether [01:31:22.440 --> 01:31:24.540] and drink water instead. [01:31:24.540 --> 01:31:25.740] I'm Dr. Catherine Albrecht. [01:31:25.740 --> 01:31:30.540] More news and information at CatherineAlbrecht.com. [01:31:30.540 --> 01:31:35.940] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:35.940 --> 01:31:37.840] The government says that fire brought it down. [01:31:37.840 --> 01:31:42.940] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:42.940 --> 01:31:45.740] Over 6,000 of my fellow service members have given their lives, [01:31:45.740 --> 01:31:48.540] and thousands of my fellow first responders are dying. [01:31:48.540 --> 01:31:49.940] I'm not a conspiracy theorist. [01:31:49.940 --> 01:31:50.940] I'm a structural engineer. [01:31:50.940 --> 01:31:52.340] I'm a New York City correction officer. [01:31:52.340 --> 01:31:53.340] I'm an Air Force pilot. [01:31:53.340 --> 01:31:54.940] I'm a father who lost his son. [01:31:54.940 --> 01:31:57.540] We're Americans, and we deserve the truth. [01:31:57.540 --> 01:32:02.040] Go to RememberBuilding7.org today. [01:32:02.040 --> 01:32:05.140] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [01:32:05.140 --> 01:32:07.540] In today's America, we live in an us-against-them society, [01:32:07.540 --> 01:32:09.840] and if we, the people, are ever going to have a free society, [01:32:09.840 --> 01:32:12.740] then we're going to have to stand and defend our own rights. [01:32:12.740 --> 01:32:15.440] Among those rights are the right to travel freely from place to place, [01:32:15.440 --> 01:32:17.140] the right to act in our own private capacity, [01:32:17.140 --> 01:32:19.740] and most importantly, the right to due process of law. [01:32:19.740 --> 01:32:22.240] Traffic courts afford us the least expensive opportunity [01:32:22.240 --> 01:32:25.540] to learn how to enforce and preserve our rights through due process. [01:32:25.540 --> 01:32:28.540] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, [01:32:28.540 --> 01:32:31.040] has put together the most comprehensive teaching tool available [01:32:31.040 --> 01:32:33.340] that will help you understand what due process is [01:32:33.340 --> 01:32:35.240] and how to hold courts to the rule of law. [01:32:35.240 --> 01:32:37.340] You can get your own copy of this invaluable material [01:32:37.340 --> 01:32:40.640] by going to RuleOfLawRadio.com and ordering your copy today. [01:32:40.640 --> 01:32:42.640] By ordering now, you'll receive a copy of Eddie's book, [01:32:42.640 --> 01:32:45.140] The Texas Transportation Code, The Law Versus the Lie, [01:32:45.140 --> 01:32:47.640] video and audio of the original 2009 seminar, [01:32:47.640 --> 01:32:50.640] hundreds of research documents, and other useful resource material. [01:32:50.640 --> 01:32:54.440] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com. [01:32:54.440 --> 01:32:58.940] Order your copy today, and together we can have the free society we all want and deserve. [01:33:02.940 --> 01:33:05.440] Looking for some truth? You found it. [01:33:05.440 --> 01:33:15.440] LogosRadioNetwork.com [01:33:36.440 --> 01:33:42.440] The wicked come with temptation [01:33:42.440 --> 01:33:47.440] They're trying to buy the whole place [01:33:47.440 --> 01:33:53.440] They want to force the nation [01:33:53.440 --> 01:33:58.440] Because they've fallen from grace [01:33:58.440 --> 01:34:04.440] I will not drink from that cup [01:34:04.440 --> 01:34:09.440] Just can't act out of way [01:34:09.440 --> 01:34:14.440] They got this problem they're dreaming of [01:34:14.440 --> 01:34:19.440] You won't be the slave come what may [01:34:19.440 --> 01:34:21.940] Okay, we are back. [01:34:21.940 --> 01:34:25.440] Randy Kelton, we're at Fountain RuleOfLawRadio. [01:34:25.440 --> 01:34:29.440] And Nathan, have I give you a headache? [01:34:29.440 --> 01:34:34.440] Nathan. Austin. [01:34:34.440 --> 01:34:38.440] Next time you call in, that'll get fixed, because we got it in the database. [01:34:38.440 --> 01:34:41.940] Okay, go ahead. [01:34:41.940 --> 01:34:44.940] No, yeah, yeah. I think what you're saying makes sense to me right now. [01:34:44.940 --> 01:34:49.940] So what I need to do is change, basically I have all U.S. code listed. [01:34:49.940 --> 01:34:55.940] I need to find the correlative state law for what you're saying. [01:34:55.940 --> 01:35:04.940] In general, as far as that, I need to make a more detailed sequence of events that's back. [01:35:04.940 --> 01:35:08.940] That's about where I'm at right now. [01:35:08.940 --> 01:35:16.940] Okay, send me an email to randyatruleoflawradio.com [01:35:16.940 --> 01:35:24.940] and ask for an introduction to Martise Olivier. [01:35:24.940 --> 01:35:28.940] He lives in Florida, and he's taking on Florida. [01:35:28.940 --> 01:35:33.940] He will be an incredible resource for you. [01:35:33.940 --> 01:35:36.940] Okay, awesome. [01:35:36.940 --> 01:35:41.940] Oh, he is wiping the floor with these guys. [01:35:41.940 --> 01:35:46.940] But he does seem to be having way too much fun. [01:35:46.940 --> 01:35:50.940] Well, that's good, that's good. It's about time the tables turned. [01:35:50.940 --> 01:35:57.940] He has turned into a real monster, and he'll be real helpful. [01:35:57.940 --> 01:36:06.940] He has gotten really good at reading case law and understanding how the courts work. [01:36:06.940 --> 01:36:14.940] So send me an email, randyatruleoflawradio.com, and I will get you two together. [01:36:14.940 --> 01:36:16.940] Thank you. [01:36:16.940 --> 01:36:21.940] Okay, do you have anything else for us? [01:36:21.940 --> 01:36:23.940] No, that's about it. [01:36:23.940 --> 01:36:25.940] I'll ask one final question about the... [01:36:25.940 --> 01:36:28.940] So you were saying basically attack them at the state level, [01:36:28.940 --> 01:36:32.940] and then you could follow up with the federal statutes afterward? [01:36:32.940 --> 01:36:41.940] Well, I'm not saying to do one or the other is you decide how you want to do this. [01:36:41.940 --> 01:36:48.940] In the cases I was filing, I want to get to the federal court, [01:36:48.940 --> 01:36:53.940] but the state hasn't finished screwing up yet. [01:36:53.940 --> 01:37:00.940] So I'm doing the state court to give them opportunity to screw things up [01:37:00.940 --> 01:37:08.940] so that then when I come to the federal court, the state is more vulnerable. [01:37:08.940 --> 01:37:14.940] You get really arrogant officials, and they do really stupid stuff, [01:37:14.940 --> 01:37:19.940] and they don't expect you to be setting them up. [01:37:19.940 --> 01:37:22.940] They think you're just an ignorant pro se, [01:37:22.940 --> 01:37:26.940] and they can pretty well pull any crap over they want to [01:37:26.940 --> 01:37:32.940] because the state judge will rule against you out of hand at every turn, [01:37:32.940 --> 01:37:39.940] and you'll eventually get frustrated and give up in disgust. [01:37:39.940 --> 01:37:46.940] They don't understand a critter that's out here laying traps for them, [01:37:46.940 --> 01:37:49.940] the one that doesn't care what they do. [01:37:49.940 --> 01:37:54.940] You know, Dr. Graves in Jurisdictionary says, [01:37:54.940 --> 01:38:01.940] your only purpose in the trial court is to set the record for appeal. [01:38:01.940 --> 01:38:09.940] And we say that never ask a public official to do anything [01:38:09.940 --> 01:38:13.940] you actually want them to do, [01:38:13.940 --> 01:38:17.940] because you never ask a public official to do anything [01:38:17.940 --> 01:38:21.940] that the law does not compel them to do, [01:38:21.940 --> 01:38:26.940] then when they don't do it, you get to hammer them. [01:38:26.940 --> 01:38:32.940] When you combine those two, you're suing them in the state court, [01:38:32.940 --> 01:38:34.940] and you really don't care what they do. [01:38:34.940 --> 01:38:38.940] The more they screw up, the better, [01:38:38.940 --> 01:38:42.940] because you're only asking them to do what they're required to do, [01:38:42.940 --> 01:38:46.940] and when they don't do it, it just gives you another claim [01:38:46.940 --> 01:38:49.940] that you can bring to the appellate court. [01:38:49.940 --> 01:38:51.940] Very soon they'll figure it out. [01:38:51.940 --> 01:38:53.940] They're working with Martichy Olivier. [01:38:53.940 --> 01:38:59.940] He's going after them, and they have absolutely figured that out. [01:38:59.940 --> 01:39:05.940] This dirty rotten scoundrel, everything we do makes it worse for us. [01:39:05.940 --> 01:39:07.940] He's setting us up. [01:39:07.940 --> 01:39:09.940] As a matter of fact, he is, [01:39:09.940 --> 01:39:12.940] because he never asks them to do anything [01:39:12.940 --> 01:39:14.940] that the law doesn't compel them to do, [01:39:14.940 --> 01:39:16.940] and that gives him another claim, [01:39:16.940 --> 01:39:24.940] and the appellate side, they will figure that out very quickly. [01:39:24.940 --> 01:39:25.940] That's it. [01:39:25.940 --> 01:39:27.940] They want us ready to hang themselves. [01:39:27.940 --> 01:39:30.940] Exactly. [01:39:30.940 --> 01:39:32.940] Once they figure out you're doing it, [01:39:32.940 --> 01:39:34.940] now they will get real careful, [01:39:34.940 --> 01:39:41.940] and now they want to make you a deal to get you to go away and leave them alone. [01:39:41.940 --> 01:39:44.940] Then you can get the outcome that you want. [01:39:44.940 --> 01:39:47.940] You can get them to write you a lot of money, but that's really not the purpose. [01:39:47.940 --> 01:39:52.940] You can force them to change their policy. [01:39:52.940 --> 01:39:56.940] You can force them to have to look at what they're doing and say, [01:39:56.940 --> 01:40:00.940] we do not want to get in this spot again. [01:40:00.940 --> 01:40:03.940] Then they change what they're doing. [01:40:03.940 --> 01:40:09.940] And always, with what I'm doing, it's about changing what they're doing. [01:40:09.940 --> 01:40:11.940] If I can get them to give me a whole bunch of money in the meantime, [01:40:11.940 --> 01:40:14.940] that will work. [01:40:14.940 --> 01:40:17.940] Exactly. [01:40:17.940 --> 01:40:20.940] And if the taxpayers say, oh, that comes out of our pocket, [01:40:20.940 --> 01:40:22.940] well, it should come out of your pocket. [01:40:22.940 --> 01:40:24.940] You should have already done this. [01:40:24.940 --> 01:40:27.940] You shouldn't have let this get into this bigger mess. [01:40:27.940 --> 01:40:31.940] So if it costs the taxpayers, well, deal with it. [01:40:31.940 --> 01:40:35.940] If you won't get up off your behind and do your job, we will, [01:40:35.940 --> 01:40:38.940] and we have a right to get paid for it. [01:40:38.940 --> 01:40:41.940] That's my story, and I'm sticking to it. [01:40:41.940 --> 01:40:42.940] Okay. [01:40:42.940 --> 01:40:48.940] Thank you, Austin, and make sure you keep us up to date. [01:40:48.940 --> 01:40:49.940] Well, dear. [01:40:49.940 --> 01:40:50.940] And I'll reach out to you. [01:40:50.940 --> 01:40:51.940] Thank you very much. [01:40:51.940 --> 01:40:52.940] Okay. [01:40:52.940 --> 01:41:01.940] Now we're going to go to 781 Area Code. [01:41:01.940 --> 01:41:15.940] If you are in the 781 Area Code, our computer says Iona, I-O-N-A. [01:41:15.940 --> 01:41:18.940] Are you there? [01:41:18.940 --> 01:41:22.940] 781. [01:41:22.940 --> 01:41:27.940] Ted Scarlett, you need to call us back. [01:41:27.940 --> 01:41:30.940] I need an update from you. [01:41:30.940 --> 01:41:33.940] Looks like this caller is not on. [01:41:33.940 --> 01:41:35.940] We are actually out of callers. [01:41:35.940 --> 01:41:39.940] So if you have a question or a comment, give us a call. [01:41:39.940 --> 01:41:46.940] I call at number 512-646-1984. [01:41:46.940 --> 01:41:49.940] Looks like we'll try. [01:41:49.940 --> 01:41:51.940] There we go. [01:41:51.940 --> 01:41:53.940] Hi. [01:41:53.940 --> 01:41:54.940] Hey. [01:41:54.940 --> 01:41:57.940] Give us a first name and a state. [01:41:57.940 --> 01:42:00.940] Iona in Rhode Island. [01:42:00.940 --> 01:42:01.940] All right. [01:42:01.940 --> 01:42:05.940] Iona in Rhode Island. [01:42:05.940 --> 01:42:06.940] Okay. [01:42:06.940 --> 01:42:08.940] What's on your mind? [01:42:08.940 --> 01:42:14.940] So the other day I started to think I'm far behind everybody else, I think, so far that's called in, [01:42:14.940 --> 01:42:20.940] but I only caught the second half of the man talking about voting against the insurance company. [01:42:20.940 --> 01:42:24.940] So I didn't know if that was a car accident or what, [01:42:24.940 --> 01:42:28.940] but I was trying to catch what you guys were telling him a little bit, [01:42:28.940 --> 01:42:34.940] but I started to think that maybe I'm going to bar-grieve either my lawyer, [01:42:34.940 --> 01:42:37.940] well, I'm definitely possibly going to bar-grieve my lawyer, [01:42:37.940 --> 01:42:45.940] or I'm going to bar-grieve the insurance company's lawyer, but it's a little complicated. [01:42:45.940 --> 01:42:52.940] I think my lawyer from a 10-year-old car accident case signed the settlement without me, [01:42:52.940 --> 01:42:58.940] so I didn't sign the settlement, and I've been trying to get him to admit it, [01:42:58.940 --> 01:43:04.940] and I think in an email, and I think the last email he just sent me, [01:43:04.940 --> 01:43:08.940] he's trying to say that we had an agreement, right? [01:43:08.940 --> 01:43:13.940] So now I'm like, you know, I still haven't figured out how to get the information from him [01:43:13.940 --> 01:43:18.940] because he was ignoring me for some time, so I'm trying to figure out how to go about this. [01:43:18.940 --> 01:43:19.940] Does that make sense? [01:43:19.940 --> 01:43:29.940] I'm like, I hope I'm making sense. I'm probably not. [01:43:29.940 --> 01:43:32.940] Randy, did you go mute again? [01:43:32.940 --> 01:43:34.940] If you're talking, we can't hear you. [01:43:34.940 --> 01:43:37.940] Did you mute my mic? [01:43:37.940 --> 01:43:39.940] I know he can sneak in. [01:43:39.940 --> 01:43:41.940] He's a computer guy. He can sneak in. [01:43:41.940 --> 01:43:43.940] Okay. [01:43:43.940 --> 01:43:45.940] Yeah, I'm confused. [01:43:45.940 --> 01:43:51.940] Is this a case that has already been settled? [01:43:51.940 --> 01:43:53.940] Well, that's what I was trying to figure out, [01:43:53.940 --> 01:43:59.940] and I think I got him to admit that it has been, but he wasn't admitting it. [01:43:59.940 --> 01:44:03.940] Through advances in technology, our lives have greatly improved, [01:44:03.940 --> 01:44:05.940] except in the area of nutrition. [01:44:05.940 --> 01:44:08.940] People feed their pets better than they feed themselves, [01:44:08.940 --> 01:44:10.940] and it's time we changed all that. [01:44:10.940 --> 01:44:16.940] Our primary defense against aging and disease in this toxic environment is good nutrition. [01:44:16.940 --> 01:44:21.940] In a world where natural foods have been irradiated, adulterated, and mutilated, [01:44:21.940 --> 01:44:24.940] Young Jeopardy! can provide the nutrients you need. [01:44:24.940 --> 01:44:30.940] Logos Trillium Network gets many requests to endorse all sorts of products, most of which we reject. 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[01:46:32.940 --> 01:46:34.940] Okay, we are back. [01:46:34.940 --> 01:46:41.940] Randy Kelton, Red Fountain Rule of Law Radio, and we're talking to Iona in Rhode Island. [01:46:41.940 --> 01:46:47.940] Okay, I get the impression there were, okay, there was a 10-year-old accident. [01:46:47.940 --> 01:46:53.940] There was apparently a lawsuit and there was a settlement. [01:46:53.940 --> 01:46:58.940] Has the suit been, the settlement been paid? [01:46:58.940 --> 01:47:10.940] Not to me, and if it was paid, it probably was paid to the, I haven't gotten any money at all, [01:47:10.940 --> 01:47:15.940] but I think he's trying to say when I asked him, what is the status of the fee? [01:47:15.940 --> 01:47:17.940] Has it been settled? [01:47:17.940 --> 01:47:22.940] He responded saying we have reached an agreement, you know, to settle the case for this. [01:47:22.940 --> 01:47:29.940] As I indicated because I, on the phone, I will reduce the fee from $15,000 to $10,000, [01:47:29.940 --> 01:47:35.940] you know, which translates to the equivalent of $52,000 settlement with a regular fee. [01:47:35.940 --> 01:47:38.940] I never signed any paper that I was okay with that. [01:47:38.940 --> 01:47:46.940] He's saying that I was in agreement with it, but I was not in agreement with the amount because... [01:47:46.940 --> 01:47:51.940] Did you ask him to produce the agreement? [01:47:51.940 --> 01:47:53.940] Not yet. [01:47:53.940 --> 01:48:00.940] Okay, see, this is a lawyer, and when he says agreement, that's a deletion. [01:48:00.940 --> 01:48:04.940] He's deleted part of the sentence. [01:48:04.940 --> 01:48:07.940] This is a written agreement. [01:48:07.940 --> 01:48:12.940] If it's not a written agreement, it's not an agreement. [01:48:12.940 --> 01:48:16.940] So lawyers are scam artists. [01:48:16.940 --> 01:48:19.940] They're going to try to steal every dime they can. [01:48:19.940 --> 01:48:24.940] If you have problems with your lawyer being straight with you, just bar-grieve him. [01:48:24.940 --> 01:48:25.940] That will get his attention. [01:48:25.940 --> 01:48:29.940] And when you bar-grieve him, they generally want to run from the case, [01:48:29.940 --> 01:48:39.940] but yours sounds more like after 10 years, something else is going on here. [01:48:39.940 --> 01:48:40.940] Yeah. [01:48:40.940 --> 01:48:44.940] Does this have to do with an insurance company? [01:48:44.940 --> 01:48:46.940] Yeah, yeah. [01:48:46.940 --> 01:48:51.940] You need to contact the insurance company to see if they've paid anything. [01:48:51.940 --> 01:48:52.940] Yeah, I tried to. [01:48:52.940 --> 01:48:57.940] I was trying to basically get the name of the lawyer for them, [01:48:57.940 --> 01:49:00.940] and bar-grieve their lawyer first, and then tell my lawyer, [01:49:00.940 --> 01:49:04.940] oh, by the way, I'm going after the lawyer for the insurance company. [01:49:04.940 --> 01:49:09.940] I'm going to hit him with all this, right? [01:49:09.940 --> 01:49:15.940] But now that he's written this email telling me that we came to an agreement, [01:49:15.940 --> 01:49:18.940] now that kind of puts a wrench in that plan because he's trying to say to me, [01:49:18.940 --> 01:49:21.940] resettle, I think that's what he's saying. [01:49:21.940 --> 01:49:27.940] Ask him for a copy of the settlement. [01:49:27.940 --> 01:49:28.940] Okay. [01:49:28.940 --> 01:49:34.940] Actually, you need to request all of the records in the case. [01:49:34.940 --> 01:49:35.940] Okay. [01:49:35.940 --> 01:49:39.940] And when you don't get them timely, you bar-grieve him. [01:49:39.940 --> 01:49:41.940] Don't tell him you're going to bar-grieve him, just bar-grieve him. [01:49:41.940 --> 01:49:42.940] Okay. [01:49:42.940 --> 01:49:46.940] He doesn't need any warnings about that. [01:49:46.940 --> 01:49:47.940] Right, right. [01:49:47.940 --> 01:49:48.940] So he's trying to get... [01:49:48.940 --> 01:49:49.940] Okay, wait, wait, one more thing. [01:49:49.940 --> 01:49:53.940] When he tries to talk to you about the bar grievance, [01:49:53.940 --> 01:49:57.940] instruct him you cannot talk to me about that bar grievance. [01:49:57.940 --> 01:50:00.940] You can only talk to the state bar association. [01:50:00.940 --> 01:50:07.940] So you get to sting him, and he don't get to complain about it. [01:50:07.940 --> 01:50:10.940] But first, ask him for all of the records in the case. [01:50:10.940 --> 01:50:13.940] If you don't get them, tell him you want them within a week. [01:50:13.940 --> 01:50:16.940] If you don't get them within a week, just bar-grieve him. [01:50:16.940 --> 01:50:18.940] Well, I don't think so. [01:50:18.940 --> 01:50:22.940] No, he's going to get apoplexy. [01:50:22.940 --> 01:50:24.940] And now you'll be able to talk to him. [01:50:24.940 --> 01:50:26.940] Now you'll find out what's really going on. [01:50:26.940 --> 01:50:29.940] Okay, because the thing is, right, if I... [01:50:29.940 --> 01:50:32.940] When he said, we came to a certain amount like last spring, [01:50:32.940 --> 01:50:36.940] and we have to make a trust for you, I said, [01:50:36.940 --> 01:50:40.940] you can go ahead and work on the trust, but that isn't enough money. [01:50:40.940 --> 01:50:42.940] That's not me agreeing, right? [01:50:42.940 --> 01:50:45.940] That can't be used against me. [01:50:45.940 --> 01:50:48.940] Yeah, move ahead with the trust, but that's not enough money. [01:50:48.940 --> 01:50:51.940] Is that something that I screwed myself? [01:50:51.940 --> 01:50:54.940] Does that sound like an agreement in your email? [01:50:54.940 --> 01:50:59.940] No, you don't have a settlement until you've signed one. [01:50:59.940 --> 01:51:02.940] Okay. [01:51:02.940 --> 01:51:05.940] If there has been a settlement and you didn't sign it, [01:51:05.940 --> 01:51:11.940] he can't claim you agreed to it, then you get whatever... [01:51:11.940 --> 01:51:13.940] If he's tried to screw you out of everything, [01:51:13.940 --> 01:51:16.940] then you get to sue him and get it back from him. [01:51:16.940 --> 01:51:21.940] Lawyers are low-hanging fruit. [01:51:21.940 --> 01:51:27.940] So if he's tried to do some mechanization [01:51:27.940 --> 01:51:30.940] to try to screw you out of your settlement, [01:51:30.940 --> 01:51:32.940] you can hurt him big time. [01:51:32.940 --> 01:51:37.940] And when you bar-grieve him, he'll know that you know how. [01:51:37.940 --> 01:51:39.940] Right, so don't bar-grieve the lawyer [01:51:39.940 --> 01:51:42.940] for the insurance company for untimely... [01:51:42.940 --> 01:51:45.940] Yeah, go ahead and bar-grieve him just for the heck of it. [01:51:45.940 --> 01:51:46.940] Why not? [01:51:46.940 --> 01:51:49.940] Oh, I was going to do that to intimidate my lawyer first. [01:51:49.940 --> 01:51:50.940] You get what I'm saying? [01:51:50.940 --> 01:51:53.940] Like, be like, oh, I'm going to go after... [01:51:53.940 --> 01:51:59.940] Well, what this will do is get both of these lawyers on the dime here, [01:51:59.940 --> 01:52:02.940] and both of them now need a way to get loose from you, [01:52:02.940 --> 01:52:06.940] and the only way to get loose from you is to get you paid. [01:52:06.940 --> 01:52:07.940] But what if I was already paid? [01:52:07.940 --> 01:52:10.940] Will it be a waste of time to bar-grieve the other lawyer? [01:52:10.940 --> 01:52:12.940] What if he did cut a check, [01:52:12.940 --> 01:52:14.940] the other place the insurance company cut a check? [01:52:14.940 --> 01:52:16.940] Is it a waste of time to bar-grieve that lawyer [01:52:16.940 --> 01:52:20.940] if they already cut the check and I don't know about it? [01:52:20.940 --> 01:52:26.940] Oh, if they've cut the check and you don't know about it, this is criminal. [01:52:26.940 --> 01:52:29.940] Yeah, I got something from the Treasury Department saying [01:52:29.940 --> 01:52:30.940] they're going to garnish my wages, [01:52:30.940 --> 01:52:33.940] and on the phone the lawyer said the only reason that would have happened [01:52:33.940 --> 01:52:38.940] is if the insurance company cut a check for, like, bills. [01:52:38.940 --> 01:52:40.940] Wait a minute. [01:52:40.940 --> 01:52:42.940] That was cryptic. [01:52:42.940 --> 01:52:44.940] Yeah, yeah. [01:52:44.940 --> 01:52:47.940] Someone's going to garnish your wages? [01:52:47.940 --> 01:52:52.940] Yeah, yeah, for the $1,500 bill from the car accident [01:52:52.940 --> 01:52:56.940] because Medicare and Medicaid want their money back or something like that. [01:52:56.940 --> 01:52:58.940] Yes? [01:52:58.940 --> 01:53:01.940] Oh, okay. [01:53:01.940 --> 01:53:06.940] So you need to consider suing your lawyer. [01:53:06.940 --> 01:53:07.940] Yeah. [01:53:07.940 --> 01:53:11.940] You actually first need to consider putting the lawyer in prison. [01:53:11.940 --> 01:53:18.940] It sounds like he's got a settlement and cashed the check [01:53:18.940 --> 01:53:20.940] and hasn't told you about it. [01:53:20.940 --> 01:53:30.940] He says he's waiting for another lawyer to build a trust since last spring. [01:53:30.940 --> 01:53:33.940] All right, we keep getting more pieces here. [01:53:33.940 --> 01:53:37.940] A lawyer's going to build a trust? [01:53:37.940 --> 01:53:45.940] Yeah, so that I don't lose my benefits in the state because I'm disabled. [01:53:45.940 --> 01:53:48.940] And he was saying that I wouldn't win the jury when I said, [01:53:48.940 --> 01:53:50.940] I told you that's not enough. [01:53:50.940 --> 01:53:52.940] $250 grand is a brain injury case. [01:53:52.940 --> 01:53:55.940] He said, I told you, you know, if we went to trial, [01:53:55.940 --> 01:53:57.940] they would be sympathetic with you, [01:53:57.940 --> 01:54:01.940] but there's not enough information to prove that you are, you know, [01:54:01.940 --> 01:54:04.940] it's too complicated, not enough to prove you are sicker than you were before. [01:54:04.940 --> 01:54:12.940] You know, you don't have enough documentation or medical, you know, you were sick before. [01:54:12.940 --> 01:54:16.940] Okay, this is getting more and more complicated. [01:54:16.940 --> 01:54:19.940] Yeah, yeah, so I'm not sure what angle to go at it. [01:54:19.940 --> 01:54:27.940] And I am struggling, so I'm trying to figure out, you know, what's the best line of defense. [01:54:27.940 --> 01:54:33.940] First thing to do is get all the documentation from the lawyer. [01:54:33.940 --> 01:54:41.940] If he is forthcoming with documentation, then he probably hasn't screwed anything up for you. [01:54:41.940 --> 01:54:46.940] If he's not forthcoming, then he's probably stealing from you. [01:54:46.940 --> 01:54:49.940] Mm-hmm, okay. [01:54:49.940 --> 01:54:55.940] And I'm trying to think of how to go here, Brett. [01:54:55.940 --> 01:54:58.940] We don't know enough about the case. [01:54:58.940 --> 01:55:05.940] Right, we're just kind of filling in and starting to see some of the puzzle pieces come together. [01:55:05.940 --> 01:55:07.940] Get all the documentation from the lawyer. [01:55:07.940 --> 01:55:12.940] If he sends you anything, email it to me and let me look at it. [01:55:12.940 --> 01:55:15.940] Okay, all right. [01:55:15.940 --> 01:55:18.940] Yeah, scan it in and send it to me. [01:55:18.940 --> 01:55:19.940] Let me have a look at it. [01:55:19.940 --> 01:55:21.940] Then I can tell you more. [01:55:21.940 --> 01:55:25.940] This is way too complex to do here on the radio. [01:55:25.940 --> 01:55:27.940] Yeah, sorry about that. [01:55:27.940 --> 01:55:31.940] Sorry, I'm just stressed a little bit because I'm not sure exactly the line of defense, [01:55:31.940 --> 01:55:32.940] so I appreciate that. [01:55:32.940 --> 01:55:36.940] I wrote 10 different bar grievances, and they're all saying the same thing. [01:55:36.940 --> 01:55:38.940] Untimely. [01:55:38.940 --> 01:55:40.940] Yeah, who cares what they say? [01:55:40.940 --> 01:55:46.940] The insurance company's going to sting them anyway. [01:55:46.940 --> 01:55:50.940] It doesn't matter what you grieve them. [01:55:50.940 --> 01:55:53.940] Yeah, but it might not even trigger what I want right now. [01:55:53.940 --> 01:55:54.940] You know what I mean? [01:55:54.940 --> 01:55:57.940] Like, with an insurance company's lawyer, I can't even get that. [01:55:57.940 --> 01:56:03.940] When I get the documents from my lawyer, I'll be able to find the lawyer's name, you know? [01:56:03.940 --> 01:56:12.940] Yeah, and in the bar standards, lawyers are required to give you your documentation. [01:56:12.940 --> 01:56:16.940] If they don't, that's another reason to bargain with them, [01:56:16.940 --> 01:56:24.940] and that will hammer them really hard, and you should get the lawyer off the dime. [01:56:24.940 --> 01:56:30.940] It sounds like from what you're saying so far is the lawyer feels like you're easy to manipulate, [01:56:30.940 --> 01:56:34.940] and he's good chance he's embezzling your funds. [01:56:34.940 --> 01:56:36.940] Yeah, because I was sick and dying. [01:56:36.940 --> 01:56:39.940] He wanted me to die first so he could take all the money. [01:56:39.940 --> 01:56:40.940] You get what I'm saying? [01:56:40.940 --> 01:56:43.940] He goes, oh, you sound really good, because I followed him. [01:56:43.940 --> 01:56:46.940] He goes, oh, you're sounding really good, and I was angry, [01:56:46.940 --> 01:56:51.940] but then he got me to calm down somehow, so I'm not sure how that happened. [01:56:51.940 --> 01:56:56.940] Ted, you know about that. [01:56:56.940 --> 01:56:58.940] Yeah. [01:56:58.940 --> 01:57:00.940] This is Ted from California. [01:57:00.940 --> 01:57:08.940] He's been in a similar situation, except he's a bit more proactive than you've been. [01:57:08.940 --> 01:57:09.940] He's beat them all up. [01:57:09.940 --> 01:57:17.940] How many bar grievances have you filed so far, Ted? [01:57:17.940 --> 01:57:20.940] That many? [01:57:20.940 --> 01:57:27.940] Well, I'm laughing because I got another letter in the bail today from the California bar. [01:57:27.940 --> 01:57:32.940] Just letting me know that my case is sitting there, [01:57:32.940 --> 01:57:43.940] and as soon as these lawyers are not involved, that they'll take up their investigation. [01:57:43.940 --> 01:57:50.940] They're pointing that they can't look into a case that's ongoing because a criminal case, [01:57:50.940 --> 01:57:54.940] I think if it was a civil case, it would be a different matter. [01:57:54.940 --> 01:58:04.940] So, Ted, what would be your recommendation to Iona? [01:58:04.940 --> 01:58:11.940] If they so much as blink, bargrieve them. [01:58:11.940 --> 01:58:17.940] I mean, like, bargrieve them before I get the, you know, request the records, [01:58:17.940 --> 01:58:22.940] because I mean, I feel like I could bargrieve them for signing without me signing. [01:58:22.940 --> 01:58:25.940] You don't know if they've signed yet. [01:58:25.940 --> 01:58:36.940] But you can imagine that they have signed a bargrieve anyway and let them explain that they didn't. [01:58:36.940 --> 01:58:39.940] So, yeah, you could bargrieve them anyway. [01:58:39.940 --> 01:58:46.940] Bargrieve them for delay, because you're waiting all of this time and nobody's talking to you. [01:58:46.940 --> 01:58:49.940] Hang on. We're going to our sponsors. We'll be right back. [01:58:49.940 --> 01:58:53.940] The Bible remains the most popular book in the world, [01:58:53.940 --> 01:58:57.940] yet countless readers are frustrated because they struggle to understand it. [01:58:57.940 --> 01:59:01.940] Some new translations try to help by simplifying the text, [01:59:01.940 --> 01:59:06.940] but in the process can compromise the profound meaning of the scripture. [01:59:06.940 --> 01:59:08.940] Enter the recovery version. [01:59:08.940 --> 01:59:12.940] First, this new translation is extremely faithful and accurate, [01:59:12.940 --> 01:59:17.940] but the real story is the more than 9,000 explanatory footnotes. 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