[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 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  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 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  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 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000]  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 --> 02:37.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500]  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 --> 02:51.000]  but which historically has proved to always be possible.
[02:51.000 --> 03:14.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.000 --> 03:27.500]  Whatcha gonna do? Whatcha gonna do?
[03:27.500 --> 03:30.500]  Bad boys, bad boys, whatcha gonna do?
[03:30.500 --> 03:33.000]  Whatcha gonna do when they come for you?
[03:33.000 --> 03:36.000]  Bad boys, bad boys, whatcha gonna do?
[03:36.000 --> 03:38.500]  Whatcha gonna do when they come for you?
[03:38.500 --> 03:41.500]  When you were eight and you had bad traits,
[03:41.500 --> 03:44.000]  you'd go to school and learn the golden rules.
[03:44.000 --> 03:47.000]  So why are you acting like a bloody fool?
[03:47.000 --> 03:49.500]  If you get high and your mouth gets cool,
[03:49.500 --> 03:51.500]  you're a bad boy, a bad boy.
[03:51.500 --> 03:55.000]  Whatcha gonna do? Whatcha gonna do when they come for you?
[03:55.000 --> 03:57.500]  Bad boys, bad boys, whatcha gonna do?
[03:57.500 --> 04:00.500]  Whatcha gonna do when they come for you?
[04:00.500 --> 04:03.500]  You tuck it on that one, you tuck it on this one.
[04:03.500 --> 04:06.000]  You tuck it on your mother and you tuck it on your father.
[04:06.000 --> 04:09.000]  You tuck it on your brother and you tuck it on your sister.
[04:09.000 --> 04:11.500]  You tuck it on that one and you tuck it on me.
[04:11.500 --> 04:14.000]  Bad boys, bad boys, whatcha gonna do?
[04:14.000 --> 04:17.000]  Whatcha gonna do when they come for you?
[04:17.000 --> 04:22.120]  What u gonna do, what u gonna do when they come for you?
[04:22.120 --> 04:27.940]  Bad boys, bad boys, what you gonna do, what you gonna do, when they come for you?
[04:27.940 --> 04:34.060]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:34.060 --> 04:41.460]  Major body nah is give you no break, police nah give u no break
[04:41.460 --> 04:44.300]  And burn your eyes you'll not give you no frak
[04:44.460 --> 04:47.460]  Bad boys, bad boys, whatcha gon' do
[04:47.460 --> 04:50.120]  Oh, whatcha gon' do when they come for you
[04:50.120 --> 04:51.360]  Bad boys, bad boys,
[04:51.360 --> 04:52.920]  Oh, whatcha gon' do
[04:52.920 --> 04:55.460]  Oh, whatcha gon' do when they come for you
[04:55.260 --> 04:56.820]  Bad boys, bad boys,
[04:56.820 --> 04:58.060]  Oh, whatcha gonna do
[04:58.060 --> 05:00.720]  Oh, whatcha gonna do when they come for you
[05:00.720 --> 05:01.900]  Bad boys, bad boys,
[05:01.900 --> 05:03.780]  Oh, whatcha gonna do
[05:03.780 --> 05:06.780]  What you gonna do when they come for you?
[05:34.780 --> 05:37.780]  And I am turning on the phone lines.
[05:37.780 --> 05:43.780]  Our call in number 512-646-1984.
[05:43.780 --> 05:46.780]  If you have a question or comment, give us a call.
[05:46.780 --> 05:49.780]  Give me two seconds to shut off some noise.
[05:56.780 --> 06:00.780]  Okay. I had an air conditioner going in the background.
[06:00.780 --> 06:06.780]  So if you hear a strange noise, it's probably the sweat coming out of my pores.
[06:06.780 --> 06:10.780]  But we're troopers. We'll deal with it.
[06:14.780 --> 06:24.780]  Okay. Last night I talked about a lawsuit that I filed against Victoria County.
[06:24.780 --> 06:32.780]  And after all of this time, studying what the problem is and how to fix the problem,
[06:32.780 --> 06:36.780]  and dealing with the legal reform community,
[06:36.780 --> 06:47.780]  and trying to find a way for us as pro se litigants to get some kind of purchase with the court system,
[06:47.780 --> 06:55.780]  it's been a difficult ride so far because they are extremely entrenched.
[06:55.780 --> 07:02.780]  But I think now we may be on the way to fixing it.
[07:02.780 --> 07:05.780]  We gotta start suing them.
[07:05.780 --> 07:13.780]  And not just suing, not just suing them, but set them up.
[07:13.780 --> 07:19.780]  And that's what I've been working on. That's what this lawsuit is in Victoria County.
[07:19.780 --> 07:24.780]  I'm suing a judge, and judges think they can't be sued.
[07:24.780 --> 07:34.780]  But in digging closely in the codes, there are certain times when a public official does not have any immunity.
[07:34.780 --> 07:37.780]  And I'm digging out case law for that.
[07:37.780 --> 07:47.780]  And what case law goes to is if the public official does something that's outside the scope of his authority,
[07:47.780 --> 07:57.780]  or commits a crime in the process of exercising his authority, he doesn't have any jurisdiction.
[07:57.780 --> 08:00.780]  But that's not good enough.
[08:00.780 --> 08:07.780]  What I'm looking for is something where there is no wiggle room.
[08:07.780 --> 08:18.780]  When a policeman makes an improper arrest, that's kind of a judgment call on the part of the courts or the judge.
[08:18.780 --> 08:23.780]  Was it improper? Was it reasonable?
[08:23.780 --> 08:28.780]  And they're always in favor of the police officer or the public official.
[08:28.780 --> 08:37.780]  So, how do we set them up to do something or not do something where there is no wiggle room?
[08:37.780 --> 08:53.780]  And the one place I have found that is clearly outside scope is failing to perform an administrative duty.
[08:53.780 --> 09:01.780]  Administrative duty being a duty over which the official has no discretion.
[09:01.780 --> 09:06.780]  One of which takes directly to the nearest magistrate.
[09:06.780 --> 09:16.780]  Another one was like a gym that I located was after I'd read it probably a hundred times and didn't realize what I read.
[09:16.780 --> 09:25.780]  So if any of you out there have read a statute and it wasn't clear to you what it meant, join the club.
[09:25.780 --> 09:28.780]  After all this time, I still missed it.
[09:28.780 --> 09:34.780]  And finally it clicked in my brain. It says that when a complaint...
[09:34.780 --> 09:38.780]  I'm paraphrasing here. I don't have exactly...
[09:38.780 --> 09:42.780]  1509, when a complaint is forwarded.
[09:42.780 --> 09:45.780]  Yeah, read that.
[09:45.780 --> 09:47.780]  Oh, I don't have it up either, but hang on a sec.
[09:47.780 --> 09:49.780]  Oh, okay.
[09:49.780 --> 09:55.780]  It says when a complaint is forwarded to a magistrate that it is...
[09:55.780 --> 09:57.780]  In the state.
[09:57.780 --> 10:07.780]  It says a complaint in accordance with Article 1505 may be forwarded as provided by Article 1508 to any magistrate in the state.
[10:07.780 --> 10:15.780]  And the magistrate who receives the same shall forthwith issue a warrant for the arrest of the accused.
[10:15.780 --> 10:24.780]  Now, what does it say that he can issue one if he wants to?
[10:24.780 --> 10:26.780]  I didn't see that part in there.
[10:26.780 --> 10:27.780]  Yeah, I didn't either.
[10:27.780 --> 10:31.780]  There's no discretion. He just shall.
[10:31.780 --> 10:35.780]  So shall does not mean may, might, or can if he wants to.
[10:35.780 --> 10:36.780]  Exactly.
[10:36.780 --> 10:40.780]  It is obligatory. It means must.
[10:40.780 --> 10:50.780]  So I go to Whitaker and I took a set of complaints with somebody else's name on it as the complaint.
[10:50.780 --> 10:56.780]  And it was Dr. Joe DiRusso, and Whitaker knew exactly who that was.
[10:56.780 --> 10:58.780]  They'd screwed him over big time, and he knew it.
[10:58.780 --> 11:02.780]  He is the one that issued the original warrant.
[11:02.780 --> 11:06.780]  The Court of Criminal Appeals threw it all out and threw everybody under the bus.
[11:06.780 --> 11:08.780]  And he said, well, are you Dr. DiRusso?
[11:08.780 --> 11:10.780]  Oh, no. Oh, I'm sorry. I'm sorry. My bad.
[11:10.780 --> 11:17.780]  And I took out a pen and scratched through Joe's name and wrote in my own name.
[11:17.780 --> 11:23.780]  I said, here you go. Now I need you to verify this.
[11:23.780 --> 11:25.780]  He said, are you an attorney?
[11:25.780 --> 11:30.780]  Oh, no, no, no. I sleep well at night and keep my hands in my own pockets.
[11:30.780 --> 11:32.780]  Thank you very much.
[11:32.780 --> 11:33.780]  Well, have you talked to an attorney?
[11:33.780 --> 11:36.780]  Oh, no, no. I don't waste my time with those shysters.
[11:36.780 --> 11:40.780]  Well, if you're not an attorney, I'm not going to accept these and throw them down.
[11:40.780 --> 11:47.780]  He didn't just put them down. He threw them down on the counter and turned and stormed out.
[11:47.780 --> 11:50.780]  Was he trying to send you some kind of message?
[11:50.780 --> 11:52.780]  Yeah, I was impressed.
[11:52.780 --> 11:56.780]  Did he want you to feel small and insignificant or something like that?
[11:56.780 --> 12:05.780]  I think he did, but what he did was almost make me laugh out loud, but I didn't.
[12:05.780 --> 12:09.780]  I did grin slightly, and the clerks are all staring at me.
[12:09.780 --> 12:12.780]  You know, they don't see this often.
[12:12.780 --> 12:22.780]  So I'm staring at the door he went out of, and I said, well, Bubba, we'll see how that works out for you.
[12:22.780 --> 12:27.780]  And I took out my cell phone and dialed 911.
[12:27.780 --> 12:33.780]  The clerks heard me arguing with the dispatcher about sending out an officer to arrest the judge,
[12:33.780 --> 12:37.780]  and they called the judge and tattled on me.
[12:37.780 --> 12:40.780]  So while I'm sitting down waiting for the officers to show up
[12:40.780 --> 12:44.780]  and writing out a criminal complaint against the judge, the judge comes back out.
[12:44.780 --> 12:48.780]  He was not quite so arrogant this time.
[12:48.780 --> 12:55.780]  Actually, he was a bit meek and downright polite.
[12:55.780 --> 12:59.780]  Mr. Kelton, have you talked to an attorney?
[12:59.780 --> 13:01.780]  Oh, no, no, wait, wait, wait, stop.
[13:01.780 --> 13:04.780]  We can't be talking to one another.
[13:04.780 --> 13:09.780]  I have a policeman coming, and I'm going to give him a criminal complaint.
[13:09.780 --> 13:11.780]  I'm going to file a criminal complaint against you.
[13:11.780 --> 13:16.780]  So because of that, we can't have any further communication.
[13:16.780 --> 13:18.780]  Oh, okay.
[13:18.780 --> 13:23.780]  And this time he didn't stride out of the room.
[13:23.780 --> 13:26.780]  He kind of sneaked out.
[13:26.780 --> 13:32.780]  So he got the idea that he just got played.
[13:32.780 --> 13:34.780]  Yep, he did.
[13:34.780 --> 13:36.780]  That's the idea, guys.
[13:36.780 --> 13:38.780]  This is how we do it.
[13:38.780 --> 13:45.780]  Never ask a public official to do anything you actually want them to do.
[13:45.780 --> 13:52.780]  Because you never ask the public official to do anything that the law does not compel them to do.
[13:52.780 --> 13:59.780]  And when they don't do it, they have no immunity.
[13:59.780 --> 14:06.780]  So then I sent him a tort letter, and I filed criminal complaints against him with the chief of police.
[14:06.780 --> 14:09.780]  And you know they're all yakking back and forth.
[14:09.780 --> 14:18.780]  And I know they started out yakking about how this is just one of those sovereign citizen patriot wackos.
[14:18.780 --> 14:23.780]  And then I called down and talked to the, I tried to find out,
[14:23.780 --> 14:28.780]  find this officer who took my complaint and find out what he did with it.
[14:28.780 --> 14:30.780]  And he wasn't there, and they referred me to his sergeant.
[14:30.780 --> 14:42.780]  And we had a pretty good conversation about what that police officer was required to do with my complaint.
[14:42.780 --> 15:00.780]  I quoted him 2.13 B.C. I'm sorry, B.3. Code of Criminal Procedure 2.13, Section B, subparagraph C.
[15:00.780 --> 15:05.780]  The officer shall give notice to some magistrate.
[15:05.780 --> 15:10.780]  2.13 is when an officer has made known that a client has been committed to tell us all the things he must do.
[15:10.780 --> 15:14.780]  And giving notice to some magistrate is one of them.
[15:14.780 --> 15:16.780]  And that's what I told the sergeant.
[15:16.780 --> 15:25.780]  I want to know the magistrate to whom this officer gave notice in accordance with 2.13 paragraph B, Section C.
[15:25.780 --> 15:27.780]  And he knew what that was, so I quoted it to him.
[15:27.780 --> 15:31.780]  And that got us in a conversation about law. It went pretty well.
[15:31.780 --> 15:35.780]  The guy handled himself very well.
[15:35.780 --> 15:44.780]  And then a week later, I get a call from the assistant chief of police.
[15:44.780 --> 15:47.780]  And he and I had a good conversation.
[15:47.780 --> 15:53.780]  I went through the codes with him as he looked them up.
[15:53.780 --> 15:58.780]  I paraphrased some of them, and he corrected my paraphrases on a couple.
[15:58.780 --> 16:05.780]  And at one point, he said, Mr. Kelton, you should be teaching this.
[16:05.780 --> 16:08.780]  And I told him, I am.
[16:08.780 --> 16:14.780]  So I'm sure this guy has talked to the chief and probably the rest of them instead.
[16:14.780 --> 16:17.780]  And I talked to this guy. He knows what he's doing.
[16:17.780 --> 16:23.780]  So I'm hoping they feel like they got themselves a ringer.
[16:23.780 --> 16:33.780]  There is nothing worse than feeling like someone's hired a sharpshooter to come after you.
[16:33.780 --> 16:39.780]  They hadn't hired me. I'm actually doing it on my own.
[16:39.780 --> 16:41.780]  But that's exactly what he's done.
[16:41.780 --> 16:46.780]  And everybody listening, I want to turn all of you into sharpshooters.
[16:46.780 --> 16:51.780]  If we're going to get this system back, this is how we're going to do it.
[16:51.780 --> 16:53.780]  We've got to get their attention.
[16:53.780 --> 17:21.780]  Randy Kelton, Brett Felton, Rule of Law Radio, we'll be right back.
[17:23.780 --> 17:25.780]  How to answer letters and phone calls.
[17:25.780 --> 17:28.780]  How to get debt collectors out of your credit report.
[17:28.780 --> 17:32.780]  How to turn the financial tables on them and make them pay you to go away.
[17:32.780 --> 17:37.780]  The Michael Mears proven method is the solution for how to stop debt collectors.
[17:37.780 --> 17:40.780]  Personal consultation is available as well.
[17:40.780 --> 17:45.780]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner.
[17:45.780 --> 17:48.780]  Or email michaelmears at yahoo.com.
[17:48.780 --> 17:56.780]  That's ruleoflawradio.com. Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[17:56.780 --> 18:00.780]  To learn how to stop debt collectors now.
[18:00.780 --> 18:04.780]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.780 --> 18:06.780]  In today's America, we live in an us-against-them society.
[18:06.780 --> 18:08.780]  And if we, the people, are ever going to have a free society,
[18:08.780 --> 18:11.780]  then we're going to have to stand and defend our own rights.
[18:11.780 --> 18:14.780]  Among those rights are the right to travel freely from place to place,
[18:14.780 --> 18:16.780]  the right to act in our own private capacity,
[18:16.780 --> 18:18.780]  and most importantly, the right to due process of law.
[18:18.780 --> 18:21.780]  Traffic courts afford us the least expensive opportunity
[18:21.780 --> 18:24.780]  to learn how to enforce and preserve our rights through due process.
[18:24.780 --> 18:27.780]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[18:27.780 --> 18:30.780]  has put together the most comprehensive teaching tool available
[18:30.780 --> 18:32.780]  that will help you understand what due process is
[18:32.780 --> 18:34.780]  and how to hold courts to the rule of law.
[18:34.780 --> 18:36.780]  You can get your own copy of this invaluable material
[18:36.780 --> 18:39.780]  by going to ruleoflawradio.com and ordering your copy today.
[18:39.780 --> 18:41.780]  By ordering now, you'll receive a copy of Eddie's book,
[18:41.780 --> 18:46.780]  The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar,
[18:46.780 --> 18:49.780]  hundreds of research documents, and other useful resource material.
[18:49.780 --> 18:53.780]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:53.780 --> 19:11.780]  Order your copy today and together we can have the free society we all want and deserve.
[19:23.780 --> 19:39.780]  The world is spinning like it's out of control
[19:39.780 --> 19:43.780]  On the edge of a hole inside a deep dark dome
[19:43.780 --> 19:49.780]  I'm always on the lookout for something to soothe my soul
[19:49.780 --> 19:55.780]  So I sit back and I watch the evidence unfold
[19:55.780 --> 20:02.780]  And I see justice is the goal
[20:02.780 --> 20:04.780]  Okay, we are back.
[20:04.780 --> 20:07.780]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[20:07.780 --> 20:10.780]  And we're going to go to our callers.
[20:10.780 --> 20:15.780]  We were talking about how to set up the courts that really gets your attention.
[20:15.780 --> 20:20.780]  When you start suing public officials in their personal capacity.
[20:20.780 --> 20:23.780]  And this is what I'm trying to work up.
[20:23.780 --> 20:32.780]  I'm working up a pleading where I claim personal capacity.
[20:32.780 --> 20:39.780]  And they're going to want to get underneath their immunity.
[20:39.780 --> 20:51.780]  What I suspect is going to happen is that the court will have the prosecuting attorney respond to my lawsuit.
[20:51.780 --> 20:58.780]  Or the city attorney respond to my lawsuit.
[20:58.780 --> 21:00.780]  Right, exactly.
[21:00.780 --> 21:05.780]  Now we're dealing with small municipalities here.
[21:05.780 --> 21:13.780]  So the lawyers they get tend not to be the sharpest knives in the drawer.
[21:13.780 --> 21:18.780]  But they wouldn't be down here working for some podunk municipality, grubbing for dollars.
[21:18.780 --> 21:20.780]  They'd be out making the big bucks.
[21:20.780 --> 21:23.780]  So that gives us an advantage.
[21:23.780 --> 21:28.780]  And if the lawyer for the city responds,
[21:28.780 --> 21:36.780]  now that the prosecutor would, she didn't seem to have enough sense to pour urine out of a boot.
[21:36.780 --> 21:44.780]  Would it be pouring it out of my boot or urine?
[21:44.780 --> 21:48.780]  Oh my.
[21:48.780 --> 21:50.780]  Heart and soul.
[21:50.780 --> 21:54.780]  I don't expect much from the attorney.
[21:54.780 --> 22:00.780]  I'm hoping that they do use the city attorney to respond.
[22:00.780 --> 22:04.780]  Because why am I going to charge them with?
[22:04.780 --> 22:08.780]  Well, they took the paycheck for doing public work.
[22:08.780 --> 22:12.780]  And here they are working on the side for this judge in his personal capacity.
[22:12.780 --> 22:15.780]  That's the misappropriation of public funds.
[22:15.780 --> 22:18.780]  Exactly.
[22:18.780 --> 22:24.780]  So then we bargain the smod out of him and charge him criminally.
[22:24.780 --> 22:30.780]  And then refile the suit and name him in the suit.
[22:30.780 --> 22:36.780]  Refile an amended pleading and name him.
[22:36.780 --> 22:39.780]  Turn the heat up.
[22:39.780 --> 22:42.780]  And then they'll have to, I don't know what they'll do.
[22:42.780 --> 22:45.780]  They'll want to appeal, I'm sure.
[22:45.780 --> 22:48.780]  They'll do something, they may just ignore me and then if they do,
[22:48.780 --> 22:54.780]  then I'll file a petition for writ of mandamus.
[22:54.780 --> 23:02.780]  And in the process of doing this, I'll be building the documentation to do it with.
[23:02.780 --> 23:08.780]  I'm trying to make these arguments as generic as possible.
[23:08.780 --> 23:14.780]  I'm trying to make sure I don't get to the merits of the case.
[23:14.780 --> 23:22.780]  So that these will fit any case where the judge gets a subject matter
[23:22.780 --> 23:27.780]  jurisdiction challenge and offers no evidence to prove up jurisdiction,
[23:27.780 --> 23:29.780]  just denies it out of hand.
[23:29.780 --> 23:31.780]  And I've had that done several times.
[23:31.780 --> 23:33.780]  That's what they always do.
[23:33.780 --> 23:37.780]  They either ignore it or they deny it or they just come out
[23:37.780 --> 23:41.780]  and declare that they have it because they said so.
[23:41.780 --> 23:50.780]  And any one of those will get a petition for declaratory judgment,
[23:50.780 --> 23:53.780]  writ of mandamus.
[23:53.780 --> 23:59.780]  We'll ask the appellate court to order this court to do what we want to do.
[23:59.780 --> 24:05.780]  Now, in this kind of case, when I did this last time, let me think,
[24:05.780 --> 24:09.780]  oh, we were in the district court so I went to the Court of Appeals.
[24:09.780 --> 24:11.780]  In this case, I'll go to the county court.
[24:11.780 --> 24:17.780]  I hope it goes to Judge Lowry.
[24:17.780 --> 24:21.780]  He used to be the DA and I've known him a long time.
[24:21.780 --> 24:24.780]  And he knows I do my homework.
[24:24.780 --> 24:32.780]  So I may actually get a good reading from him because he's not going to want to be on my dime.
[24:32.780 --> 24:34.780]  He's not going to want me after him.
[24:34.780 --> 24:36.780]  I'm after everybody else in the county.
[24:36.780 --> 24:39.780]  I left him alone.
[24:39.780 --> 24:42.780]  And I'm sure he notices.
[24:42.780 --> 24:44.780]  Yeah, he does.
[24:44.780 --> 24:51.780]  And I've been to him several times with issues that I wanted to keep him out of the middle of it.
[24:51.780 --> 24:53.780]  There was a couple that I put him on the dime for,
[24:53.780 --> 24:57.780]  but they were really straight-up technical readings.
[24:57.780 --> 25:08.780]  And he had an assistant DA who was a law professor at TCJC at junior college.
[25:08.780 --> 25:14.780]  And he brought her in on juries, grand juries.
[25:14.780 --> 25:19.780]  And we had about a 45-minute on grand jury.
[25:19.780 --> 25:27.780]  I was saying the argument I was bringing is that when a complaint was made against a public official,
[25:27.780 --> 25:29.780]  the prosecuting attorney had no discretion.
[25:29.780 --> 25:31.780]  They had to present it to the grand jury.
[25:31.780 --> 25:38.780]  And when I was done, Lindy said, well, Greg, he's right.
[25:38.780 --> 25:43.780]  So the one time they really put me on the legal dime, I won.
[25:43.780 --> 25:47.780]  So he does respect my opinion.
[25:47.780 --> 25:53.780]  So it'll be nice if I can get him to rule carefully.
[25:53.780 --> 25:55.780]  So anyway, that's my plan.
[25:55.780 --> 25:58.780]  And anybody else who wants to participate,
[25:58.780 --> 26:03.780]  I will be designing these documents so that they are generic and anybody can file them.
[26:03.780 --> 26:04.780]  Okay.
[26:04.780 --> 26:05.780]  We're going to go to our callers.
[26:05.780 --> 26:08.780]  We have Gail in California.
[26:08.780 --> 26:12.780]  Gail, what do you have for us today?
[26:12.780 --> 26:21.780]  Well, I did call a while ago and it looks like I might be sort of knocked out of the ring
[26:21.780 --> 26:33.780]  in this hearing coming up for a fraud against a lawyer and for a state administration where they didn't.
[26:33.780 --> 26:38.780]  It's hard to argue fraud, I understand.
[26:38.780 --> 26:44.780]  It's easier to argue false and misleading statements.
[26:44.780 --> 26:47.780]  Oh, okay.
[26:47.780 --> 26:53.780]  Well, anyway, they're claiming I'm just doing this for the first time.
[26:53.780 --> 26:55.780]  They're claiming that I don't have a case.
[26:55.780 --> 26:58.780]  It's all professional negligence.
[26:58.780 --> 27:08.780]  And they want, of course, to demur that the hearing is for.
[27:08.780 --> 27:09.780]  Of course.
[27:09.780 --> 27:14.780]  No matter how well pleaded your case is, you're going to get a demurrer.
[27:14.780 --> 27:16.780]  Right.
[27:16.780 --> 27:17.780]  Or in any other state.
[27:17.780 --> 27:19.780]  Most states are not called demurrers anymore.
[27:19.780 --> 27:21.780]  That's an old term.
[27:21.780 --> 27:25.780]  It's a motion to dismiss for failure of a state claim.
[27:25.780 --> 27:29.780]  Yeah, so anyway, I'm aware of that.
[27:29.780 --> 27:34.780]  The upshot of it is that I was late in administering my mom's estate,
[27:34.780 --> 27:42.780]  and I went to this law firm for remedy so that they could step it up and get it going.
[27:42.780 --> 27:45.780]  And they never did.
[27:45.780 --> 27:53.780]  After six weeks, I had never sent out the form to notify the other beneficiaries.
[27:53.780 --> 27:59.780]  And in the meantime, I got sued by the other beneficiaries to be removed.
[27:59.780 --> 28:03.780]  So it's pretty close in the time that I could have, you know,
[28:03.780 --> 28:07.780]  if they had jumped right on it within maybe five days,
[28:07.780 --> 28:14.780]  it would have headed off, at least time-wise, the petition to remove me.
[28:14.780 --> 28:21.780]  But even if they did file that petition, I wouldn't have been in a better position.
[28:21.780 --> 28:28.780]  That sounds like a straight-up malpractice suit.
[28:28.780 --> 28:31.780]  Yeah, time's gone for that, though.
[28:31.780 --> 28:33.780]  It's too late.
[28:33.780 --> 28:41.780]  Yeah, so the difference is, malpractices, I understand its intent, right,
[28:41.780 --> 28:44.780]  between fraud and malpractice?
[28:44.780 --> 28:49.780]  No, malpractices can be just misfeasance.
[28:49.780 --> 28:51.780]  And that's a one-year...
[28:51.780 --> 28:53.780]  They just didn't do their job.
[28:53.780 --> 28:57.780]  Isn't that one-year statute of limitations?
[28:57.780 --> 29:01.780]  Depends on the state.
[29:01.780 --> 29:03.780]  I believe it is here.
[29:03.780 --> 29:10.780]  So anyway, he's saying, this is his thing, I mix two causes of action together,
[29:10.780 --> 29:14.780]  and I often discuss fraud and intentional misrepresentation
[29:14.780 --> 29:19.780]  at the same time as breach of fiduciary duty,
[29:19.780 --> 29:25.780]  and it makes my arguments confusing and mixes a legal standard for each cause of action.
[29:25.780 --> 29:29.780]  Okay, that's good, that's good, that's okay.
[29:29.780 --> 29:39.780]  What you do is you take his criticism, and for valid, reasonable criticism,
[29:39.780 --> 29:43.780]  he's telling you how to write the complaint.
[29:43.780 --> 29:45.780]  This is free advice.
[29:45.780 --> 29:48.780]  This is free advice you get from the other side.
[29:48.780 --> 29:52.780]  You have an amended pleading you can file without permission,
[29:52.780 --> 29:54.780]  and we'll talk about that when we come back on the other side.
[29:54.780 --> 30:02.780]  Randy Kaltenbrecht-Felton, Real Low Radio, we'll be right back.
[30:02.780 --> 30:05.780]  It's clear cell phones have changed the way we live and work,
[30:05.780 --> 30:07.780]  but have they negatively affected our health?
[30:07.780 --> 30:10.780]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment
[30:10.780 --> 30:15.780]  to tell you a few things about how cell phones may actually alter our brain chemistry.
[30:15.780 --> 30:17.780]  Privacy is under attack.
[30:17.780 --> 30:20.780]  When you give up data about yourself, you'll never get it back again,
[30:20.780 --> 30:25.780]  and once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.780 --> 30:30.780]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.780 --> 30:33.780]  Privacy, it's worth hanging on to.
[30:33.780 --> 30:36.780]  This public service announcement is brought to you by StartPage.com,
[30:36.780 --> 30:40.780]  the private search engine alternative to Google, Yahoo, and Bing.
[30:40.780 --> 30:43.780]  Start over with StartPage.
[30:43.780 --> 30:46.780]  Cell phones emit radio frequency energy.
[30:46.780 --> 30:47.780]  It's a fact.
[30:47.780 --> 30:52.780]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:52.780 --> 30:56.780]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:56.780 --> 31:02.780]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:02.780 --> 31:09.780]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna
[31:09.780 --> 31:11.780]  increases when the cell phone is on.
[31:11.780 --> 31:16.780]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:16.780 --> 31:20.780]  I always keep the phone far from my body, and I use a corded headset.
[31:20.780 --> 31:25.780]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:25.780 --> 31:34.780]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[31:34.780 --> 31:38.780]  Most people don't know that a third tower fell on September 11.
[31:38.780 --> 31:42.780]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.780 --> 31:46.780]  Although the official explanation is that fire brought down Building 7,
[31:46.780 --> 31:52.780]  over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[31:52.780 --> 31:57.780]  To give justice to my son, my uncle, my nephew, my son, go to buildingwatch.org.
[31:57.780 --> 32:01.780]  Why it fell, why it matters, and what you can do.
[32:01.780 --> 32:06.780]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:06.780 --> 32:12.780]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[32:12.780 --> 32:18.780]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.780 --> 32:25.780]  Are you ready to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth?
[32:25.780 --> 32:28.780]  Starting in January, our first-hour studies are in the Book of Mark,
[32:28.780 --> 32:32.780]  where we'll go verse by verse and discuss the true Gospel message.
[32:32.780 --> 32:39.780]  Our second-hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[32:39.780 --> 32:44.780]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.780 --> 32:50.780]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[32:50.780 --> 32:56.780]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m.
[32:56.780 --> 33:00.780]  to inspire and motivate your studies of the Scriptures.
[33:00.780 --> 33:11.780]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:30.780 --> 33:58.780]  OK.
[33:58.780 --> 34:02.780]  OK. We are back. Randy Kelter and Brett Fountain, Lula Well Radio.
[34:02.780 --> 34:05.780]  And we're talking to Gayle in California.
[34:05.780 --> 34:08.780]  OK. Gayle, you've missed some points.
[34:08.780 --> 34:10.780]  That's OK.
[34:10.780 --> 34:15.780]  Always your original pleading is going to get objections.
[34:15.780 --> 34:19.780]  I just filed a pleading and I've been doing this a bit.
[34:19.780 --> 34:23.780]  I've really researched out my issues.
[34:23.780 --> 34:29.780]  The one thing about filing a lawsuit is you generally have quite a bit of time.
[34:29.780 --> 34:35.780]  And if you start when the tort occurs or when the cause of action accrues,
[34:35.780 --> 34:40.780]  then you've got quite a bit of time to do your homework and get a really good pleading together.
[34:40.780 --> 34:43.780]  But if you don't, that's OK.
[34:43.780 --> 34:46.780]  And even if you do, even if you spend a lot of time,
[34:46.780 --> 34:52.780]  you can expect that the other side is going to come back and rip you to pieces.
[34:52.780 --> 34:53.780]  Yep.
[34:53.780 --> 34:55.780]  And that's good. That's a good thing.
[34:55.780 --> 34:59.780]  They're telling you how to fix your suit.
[34:59.780 --> 35:00.780]  Right.
[35:00.780 --> 35:08.780]  And then the judge is going to look at it and he's likely to give you some more advice on how to fix your suit.
[35:08.780 --> 35:13.780]  And wonderful. Don't get upset if they tear you to pieces.
[35:13.780 --> 35:21.780]  What I really like to do, and Marty Shea in Florida did the same thing with great results,
[35:21.780 --> 35:30.780]  is I start out with counselors or the court's criticisms are well taken.
[35:30.780 --> 35:40.780]  And you indicate that you're filing this amended pleading in order to correct the errors pointed out by learned counsel.
[35:40.780 --> 35:42.780]  And then take his advice.
[35:42.780 --> 35:44.780]  Rewrite your complaints.
[35:44.780 --> 35:52.780]  I do have a methodology that should help you tremendously.
[35:52.780 --> 35:58.780]  Put a heading on every single paragraph you write.
[35:58.780 --> 36:06.780]  It can be a main heading, a subheading, a sub subheading, but put a heading on every single one.
[36:06.780 --> 36:15.780]  What that will do to you as the writer is it will give you a frame of reference for this paragraph
[36:15.780 --> 36:23.780]  and help keep you within the bounds of this particular limited subject matter.
[36:23.780 --> 36:32.780]  When we're doing large legal documents, we all do just what you did.
[36:32.780 --> 36:39.780]  We argue one thing and we're arguing it and it brings up something about another thing
[36:39.780 --> 36:43.780]  and we wind up drifting off into it and drifting back again.
[36:43.780 --> 36:49.780]  That criticism he gave you was absolutely familiar to me.
[36:49.780 --> 36:59.780]  It's so familiar to me that I went to a lot of trouble to develop a methodology to fix that problem.
[36:59.780 --> 37:09.780]  If you're using Microsoft Word, use the headings in Microsoft Word style sheets.
[37:09.780 --> 37:16.780]  On the main toolbar right in the middle, you've got a deal to change fonts and stuff.
[37:16.780 --> 37:20.780]  Right in the middle it's got one that says styles.
[37:20.780 --> 37:26.780]  Those styles, you open that up and then move it over to the side of your page
[37:26.780 --> 37:29.780]  and it will give you a list of all the styles you've got.
[37:29.780 --> 37:36.780]  If you want, send me a request and I will send you one of my templates.
[37:36.780 --> 37:43.780]  I went to a lot of trouble to build a set of styles and eliminate all the trash.
[37:43.780 --> 37:51.780]  I've got paragraph styling for paragraph A, B, C, D, and E.
[37:51.780 --> 37:54.780]  That's so when you have something that's outlined.
[37:54.780 --> 38:01.780]  If you put paragraph styling A on it and then you've got the subsection and then a sub-subsection,
[38:01.780 --> 38:04.780]  those are generally tabbed over.
[38:04.780 --> 38:09.780]  If you tab them over, any time you reformat the document, it's going to take out all your tabs.
[38:09.780 --> 38:17.780]  What, I'm paying the reader with the 100 page document 10 times fixing that stuff.
[38:17.780 --> 38:20.780]  So I got this idea.
[38:20.780 --> 38:26.780]  Paragraph A and a paragraph or section A and a section B and a section C.
[38:26.780 --> 38:35.780]  So every time I had an indent in something that was quoted, I clicked the indent.
[38:35.780 --> 38:40.780]  I clicked the style B or style C, which however deep the indent was.
[38:40.780 --> 38:44.780]  And then Word doesn't screw that up.
[38:44.780 --> 38:47.780]  It keeps your document well-formatted.
[38:47.780 --> 38:50.780]  I put a heading on every paragraph.
[38:50.780 --> 38:56.780]  And when you have a quotation, use the same quotation styles.
[38:56.780 --> 39:04.780]  On quotations, what I do is I shrink the font two points, I shrink both margins,
[39:04.780 --> 39:10.780]  left and right margins half an inch, and set it to italics.
[39:10.780 --> 39:19.780]  So visually on the page, the quotation is visually set apart from the rest of the page.
[39:19.780 --> 39:27.780]  If the judge or the reader knows what that is, then they'll rather read it.
[39:27.780 --> 39:30.780]  But if they don't, it's their form.
[39:30.780 --> 39:36.780]  Instead of just putting a reference to a citation in a case,
[39:36.780 --> 39:42.780]  I go in and find what the reference actually is in the case.
[39:42.780 --> 39:49.780]  And the way you do that is you'll have a case law that speaks to something like jurisdiction.
[39:49.780 --> 39:55.780]  And then you'll have a case, may have two or three cases behind it.
[39:55.780 --> 39:57.780]  There is a problem.
[39:57.780 --> 39:59.780]  Sometimes those case references are wrong.
[39:59.780 --> 40:01.780]  Sometimes we misunderstand them.
[40:01.780 --> 40:07.780]  So what I do is for the case references, behind each one I put a carriage return.
[40:07.780 --> 40:10.780]  I actually put two carriage returns.
[40:10.780 --> 40:12.780]  Two carriage returns, what?
[40:12.780 --> 40:16.780]  And then I look up that case.
[40:16.780 --> 40:18.780]  And if you're using Google, it's really quick.
[40:18.780 --> 40:26.780]  You just select the citation, drop it into Chrome or Firefox,
[40:26.780 --> 40:28.780]  and it'll generally find you the case.
[40:28.780 --> 40:34.780]  And then you go up to the top bar, the address bar, select that, copy it,
[40:34.780 --> 40:43.780]  go down and select the citation, hit control, hold control, hit K, V, enter.
[40:43.780 --> 40:49.780]  K will open up a hyperlink box, V will drop the address into the box,
[40:49.780 --> 40:54.780]  and then enter will save it and it'll set a hyperlink on that.
[40:54.780 --> 40:58.780]  And then in the case itself, if it's about jurisdiction,
[40:58.780 --> 41:00.780]  put the term jurisdiction in there.
[41:00.780 --> 41:07.780]  Just hit control F and on any browser will give you a search screen.
[41:07.780 --> 41:12.780]  And if it's jurisdiction, put in jurisdiction.
[41:12.780 --> 41:15.780]  And it'll give you every place where jurisdiction occurs in the document.
[41:15.780 --> 41:17.780]  You can just drop right down the document very quickly,
[41:17.780 --> 41:20.780]  find the quotation you're looking for.
[41:20.780 --> 41:24.780]  Grab that quotation, drop it in the document.
[41:24.780 --> 41:34.780]  It takes up a little more space, but it creates a different look to the document.
[41:34.780 --> 41:42.780]  As the eye scans the document, your prose is broken up with quotations.
[41:42.780 --> 41:44.780]  They're visually different.
[41:44.780 --> 41:51.780]  So the document itself has a visual look to it.
[41:51.780 --> 41:56.780]  The reader always knows where they're at in the document.
[41:56.780 --> 42:03.780]  If you've got a document that's, a page has got two or three paragraphs in it,
[42:03.780 --> 42:11.780]  way, way too many words for a reader to hold in their mind at one time.
[42:11.780 --> 42:18.780]  And these lawyers, they write prose and then they add quotations from cases.
[42:18.780 --> 42:20.780]  And then they go back to prose.
[42:20.780 --> 42:24.780]  And it's really hard to tell when they're quoting a case
[42:24.780 --> 42:28.780]  and when they're putting in their own argument.
[42:28.780 --> 42:34.780]  That's why when I quote a case, I break it out as a quotation, shrink it and all that.
[42:34.780 --> 42:40.780]  So as the judge reads down the page, when I get to a quotation, it's real easy for him.
[42:40.780 --> 42:48.780]  If I quote Embrapachman, almost every judge is going to know what Embrapachman is.
[42:48.780 --> 42:49.780]  They're not even going to bother.
[42:49.780 --> 42:51.780]  They'll read two words of the quotation, just jump over.
[42:51.780 --> 42:53.780]  Yeah, they know what that is.
[42:53.780 --> 42:58.780]  It never causes an interrupting mental flow.
[42:58.780 --> 43:05.780]  And if they have to back up the document, the document has all this texture to it.
[43:05.780 --> 43:09.780]  So visually they can go exactly back to where they were very quickly.
[43:09.780 --> 43:14.780]  Your reader can read the document and always be oriented.
[43:14.780 --> 43:18.780]  So the first thing is put a paragraph heading on every paragraph.
[43:18.780 --> 43:22.780]  Put quotes, set the amount separate, shrink the font,
[43:22.780 --> 43:28.780]  shrink the right and left margins and set them in italics.
[43:28.780 --> 43:34.780]  And make sure, even if you don't put it in the document,
[43:34.780 --> 43:39.780]  that every case you reference, you look up, go to that case
[43:39.780 --> 43:42.780]  and do a keyword search for the appropriate word
[43:42.780 --> 43:47.780]  and make sure what you're referring to is actually in the document.
[43:47.780 --> 43:51.780]  I'll speak to that when we come back because I just came across something
[43:51.780 --> 43:55.780]  that everybody's been using for years and it is wrong.
[43:55.780 --> 43:58.780]  Now, found it that way. Hang on, we'll be right back.
[43:58.780 --> 44:05.780]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:05.780 --> 44:08.780]  People feed their pets better than they feed themselves.
[44:08.780 --> 44:10.780]  And it's time we changed all that.
[44:10.780 --> 44:16.780]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:16.780 --> 44:21.780]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[44:21.780 --> 44:24.780]  young Jevity can provide the nutrients you need.
[44:24.780 --> 44:30.780]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[44:30.780 --> 44:33.780]  We have come to trust young Jevity so much,
[44:33.780 --> 44:39.780]  we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[44:39.780 --> 44:42.780]  When you order from logosradionetwork.com,
[44:42.780 --> 44:46.780]  your health will improve as you help support quality radio.
[44:46.780 --> 44:51.780]  As you realize the benefits of young Jevity, you may want to join us.
[44:51.780 --> 44:58.780]  As a distributor, you can experience improved health, help your friends and family, and increase your income.
[44:58.780 --> 45:00.780]  Order now.
[45:00.780 --> 45:03.780]  Are you the plaintiff or defendant in a lawsuit?
[45:03.780 --> 45:06.780]  Win your case without an attorney with Jurisdictionary,
[45:06.780 --> 45:14.780]  the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step.
[45:14.780 --> 45:18.780]  If you have a lawyer, know what your lawyer should be doing.
[45:18.780 --> 45:22.780]  If you don't have a lawyer, know what you should do for yourself.
[45:22.780 --> 45:27.780]  Thousands have won with our step-by-step course, and now you can too.
[45:27.780 --> 45:33.780]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.780 --> 45:38.780]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.780 --> 45:42.780]  about the principles and practices that control our American courts.
[45:42.780 --> 45:48.780]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:48.780 --> 45:51.780]  pro se tactics, and much more.
[45:51.780 --> 46:13.780]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:13.780 --> 46:40.780]  Okay, we are back.
[46:40.780 --> 46:46.780]  Randy Kelton, Brett Fountain, Rule of Law Radio, and I'm shrinking the wrong page.
[46:46.780 --> 46:52.780]  I was trying to shrink a page and I lost track of what I was doing.
[46:52.780 --> 46:54.780]  Okay, we're talking to Gayle in California.
[46:54.780 --> 46:57.780]  We're talking about writing documents.
[46:57.780 --> 47:01.780]  And I started out with the heading on every paragraph.
[47:01.780 --> 47:05.780]  Now, you can take all those headings out if you want to.
[47:05.780 --> 47:11.780]  If it makes the document read easier and easier to understand, you don't have to leave them in there.
[47:11.780 --> 47:15.780]  But when you're writing the document, make sure you put them in.
[47:15.780 --> 47:18.780]  And if you're going to take them out, make that the last thing you do,
[47:18.780 --> 47:23.780]  because what's going to happen when you use the styles in Word?
[47:23.780 --> 47:30.780]  You can either hit Control-F, that's to do a Word search.
[47:30.780 --> 47:33.780]  It will open a view panel.
[47:33.780 --> 47:38.780]  And in that view panel, there are three buttons under the view panel.
[47:38.780 --> 47:41.780]  The very first one is Table of Contents.
[47:41.780 --> 47:47.780]  You click that and it will show you all of those headings in the Table of Contents.
[47:47.780 --> 47:54.780]  When I write these long documents, I'm finishing up a 114-page lawsuit.
[47:54.780 --> 47:57.780]  That's a lot of stuff.
[47:57.780 --> 48:06.780]  And I have taken out about 50 pages because I wound up arguing the same things a couple of times.
[48:06.780 --> 48:19.780]  And then I took out several more pages because I had quoted like a statute or a section of law like Gerstein Pugh.
[48:19.780 --> 48:24.780]  Gerstein Pugh in this particular document was referenced constantly.
[48:24.780 --> 48:31.780]  And what you do in legal documents is if you put the quote in, you do that once.
[48:31.780 --> 48:35.780]  Or the first time you reference a document, you put in the standard reference.
[48:35.780 --> 48:42.780]  Every time you reference it after that, you put a space and then supra behind it.
[48:42.780 --> 48:48.780]  Supra tells the judge it's already in the document.
[48:48.780 --> 48:55.780]  So I do a full quote like 39.03 Texas Penal Code.
[48:55.780 --> 49:04.780]  I always put in, if I'm speaking to it, I say he committed the act of official oppression in violation of Texas Penal Code,
[49:04.780 --> 49:09.780]  Section 39.03, which reads as follows, colon.
[49:09.780 --> 49:18.780]  And then I drop the statute in there and set it to my quote formatting.
[49:18.780 --> 49:25.780]  If I don't use all of it, then I say which reads in pertinent part as follows.
[49:25.780 --> 49:34.780]  Because sometimes it's really huge and the bottom half of it that says what the punishment stuff are aren't important to making the case.
[49:34.780 --> 49:36.780]  So I do that the first time.
[49:36.780 --> 49:39.780]  But if I reference that again, I just put supra.
[49:39.780 --> 49:44.780]  So I went back through my document using my table of contents
[49:44.780 --> 49:53.780]  and found all those places where I put a half a page of Gerstein Pugh in ten times.
[49:53.780 --> 49:55.780]  The way down took all that out.
[49:55.780 --> 49:59.780]  It really helps you dress up your document very quickly.
[49:59.780 --> 50:09.780]  And you can go down those headings and you'll find, if you've re-argued something, you'll find the same headings repeating themselves.
[50:09.780 --> 50:19.780]  And it gets more complicated, more sophisticated than that because when you argue the same issue from two different perspectives,
[50:19.780 --> 50:32.780]  then that tells you how to go take out the bottom one and go back to the top one and re-argue it so that it fits in both of your perspectives.
[50:32.780 --> 50:38.780]  It really increases the sophistication of your documents.
[50:38.780 --> 50:42.780]  Okay. Have I been feeding you with a fire hose?
[50:42.780 --> 50:45.780]  Yeah.
[50:45.780 --> 50:47.780]  But it's okay.
[50:47.780 --> 50:53.780]  I do have a friend who transcribes for lawyers and she's helping me to, you know, format it.
[50:53.780 --> 51:05.780]  But I do have a question about how do you prove, I mean, negligence versus intents and fraud?
[51:05.780 --> 51:06.780]  Wait a minute. Hold on.
[51:06.780 --> 51:10.780]  Negligence and fraud, intents and fraud.
[51:10.780 --> 51:12.780]  Professional negligence versus fraud.
[51:12.780 --> 51:23.780]  If somebody knows, they're so experienced that they couldn't have possibly forgotten to notify the other beneficiaries, that would...
[51:23.780 --> 51:27.780]  Okay. It goes to conscious intent.
[51:27.780 --> 51:37.780]  Fraud. For fraud, someone has to misrepresent the truth to you.
[51:37.780 --> 51:43.780]  They have to have reason to believe that you do not have...
[51:43.780 --> 51:50.780]  Okay. In order to do fraud, you have to voluntarily provide information.
[51:50.780 --> 51:53.780]  And you provide information that's not true.
[51:53.780 --> 52:05.780]  And you must have reason to believe that the other party does not have access to information that would demonstrate that the information you gave them was not true.
[52:05.780 --> 52:08.780]  And they believe what you tell them.
[52:08.780 --> 52:13.780]  They act based on what you tell them and they are harmed thereby.
[52:13.780 --> 52:18.780]  Look up causes of action, fraud.
[52:18.780 --> 52:24.780]  In order to prove fraud, you have to have each one of those elements.
[52:24.780 --> 52:28.780]  You have to claim and prove each element.
[52:28.780 --> 52:31.780]  This one of them, you don't have a claim.
[52:31.780 --> 52:35.780]  I thought I did.
[52:35.780 --> 52:36.780]  You may have.
[52:36.780 --> 52:38.780]  They may have lied.
[52:38.780 --> 52:52.780]  What does it sound like to you if an estate law firm who's claiming 40 years of experience in estate planning, wills, trusts, and they don't send out the notice to the beneficiaries?
[52:52.780 --> 52:53.780]  That's the first thing you do.
[52:53.780 --> 52:56.780]  Even after six weeks, they admit it's on their checklist.
[52:56.780 --> 52:59.780]  That's not fraud.
[52:59.780 --> 53:01.780]  That's negligence.
[53:01.780 --> 53:04.780]  Actually, that's malpractice.
[53:04.780 --> 53:12.780]  Why would it not be outside the time limit, statute of limitations?
[53:12.780 --> 53:15.780]  That is a problem.
[53:15.780 --> 53:19.780]  You can't turn it into something else.
[53:19.780 --> 53:24.780]  Now, if they, you know, they said they had that on their list.
[53:24.780 --> 53:29.780]  They meant to do it, but after six weeks, does that really sound, that doesn't sound.
[53:29.780 --> 53:30.780]  Right.
[53:30.780 --> 53:37.780]  They were negligent in not making sure that it had to be done more quickly.
[53:37.780 --> 53:38.780]  That's not fraud.
[53:38.780 --> 53:43.780]  That's negligence.
[53:43.780 --> 53:48.780]  That can't be possibly unintentional, though, to me.
[53:48.780 --> 53:59.780]  They intended to send it, you know, you've got a judge up there who's, for the most part, on the lawyer's side.
[53:59.780 --> 54:05.780]  So you have to argue it that what they did or failed to do was outrageous.
[54:05.780 --> 54:06.780]  Yeah.
[54:06.780 --> 54:19.780]  They negligently set a time too far in the future, and that negligent was the proximate cause of harm to you.
[54:19.780 --> 54:22.780]  And they can say, well, we didn't know that would be a problem.
[54:22.780 --> 54:25.780]  Well, you're the lawyer, not me.
[54:25.780 --> 54:27.780]  That's why I paid you.
[54:27.780 --> 54:31.780]  I didn't pay you not to know.
[54:31.780 --> 54:34.780]  They have a duty to know.
[54:34.780 --> 54:36.780]  But that's negligence.
[54:36.780 --> 54:37.780]  That's not fraud.
[54:37.780 --> 54:50.780]  Unless you can show that they did that on purpose in order to get you removed and potentially acted in concert and collusion with someone else,
[54:50.780 --> 54:52.780]  then you might be able to go to fraud.
[54:52.780 --> 54:55.780]  But otherwise, all you have is negligence.
[54:55.780 --> 55:00.780]  But it's enough, and it's easier to prove than fraud, way easier.
[55:00.780 --> 55:04.780]  That's a statute of limitations of the year.
[55:04.780 --> 55:08.780]  Did they argue statute of limitations?
[55:08.780 --> 55:10.780]  Yes.
[55:10.780 --> 55:16.780]  They said that the claim for breach of fiduciary duty is time-barred.
[55:16.780 --> 55:18.780]  The facts cannot sustain.
[55:18.780 --> 55:25.780]  The First Amendment complaint cannot sustain the cause of action for fraud and intentional misrepresentation.
[55:25.780 --> 55:28.780]  And I think they're right.
[55:28.780 --> 55:34.780]  From what you said, I think they're right.
[55:34.780 --> 55:36.780]  Big problem.
[55:36.780 --> 55:39.780]  Time is your enemy.
[55:39.780 --> 55:40.780]  Yeah.
[55:40.780 --> 55:41.780]  Okay.
[55:41.780 --> 55:42.780]  Well, thanks.
[55:42.780 --> 55:43.780]  I appreciate the feedback.
[55:43.780 --> 55:44.780]  Yeah.
[55:44.780 --> 55:49.780]  I'm sorry I couldn't give you the answer you wanted to have, but I don't think you're going to.
[55:49.780 --> 55:55.780]  Time, statute of limitations is not a bar to prosecution.
[55:55.780 --> 56:01.780]  Statute of limitations must be pled.
[56:01.780 --> 56:03.780]  So if they don't plead it, they can waive it.
[56:03.780 --> 56:07.780]  That's why I ask you if they pled it.
[56:07.780 --> 56:13.780]  So for everybody else, just because statute of limitations run out doesn't mean that you're done.
[56:13.780 --> 56:16.780]  That doesn't mean you can't sue them.
[56:16.780 --> 56:19.780]  They just have to bring up the statute of limitations.
[56:19.780 --> 56:23.780]  If they screw that up, then they've blown it.
[56:23.780 --> 56:25.780]  Okay. Thank you very much, Gail.
[56:25.780 --> 56:26.780]  Thank you.
[56:26.780 --> 56:29.780]  And I'm sorry I couldn't give you really good news.
[56:29.780 --> 56:30.780]  It's all good.
[56:30.780 --> 56:31.780]  Thank you.
[56:31.780 --> 56:32.780]  Okay.
[56:32.780 --> 56:35.780]  Now we're going to go to Chris in Colorado.
[56:35.780 --> 56:40.780]  Okay, Chris, what do you have for us today?
[56:40.780 --> 56:45.780]  I have another quick question, but can you skip me again, Randy, and go to the next caller?
[56:45.780 --> 56:46.780]  And I'll just sit on hold.
[56:46.780 --> 56:49.780]  I got another call that's coming in in about a minute.
[56:49.780 --> 56:50.780]  Okay.
[56:50.780 --> 56:51.780]  I will do that.
[56:51.780 --> 56:54.780]  Okay. Now we're going to E.J. in California.
[56:54.780 --> 56:57.780]  Hello, E.J.
[56:57.780 --> 56:58.780]  Oh, wait, wait.
[56:58.780 --> 57:01.780]  Before you start, E.J., we do have an empty slot.
[57:01.780 --> 57:06.780]  And as soon as Gail drops off, we'll have two empty slots on the call board.
[57:06.780 --> 57:14.780]  So if you have a question or comment, give us a call, a call in number 512-646-1984.
[57:14.780 --> 57:16.780]  We'll have our call lines open all night.
[57:16.780 --> 57:17.780]  Okay.
[57:17.780 --> 57:20.780]  Go ahead, E.J.
[57:20.780 --> 57:22.780]  First thing is good news.
[57:22.780 --> 57:31.780]  My failure to show ID was dismissed by the DA.
[57:31.780 --> 57:33.780]  Whoo.
[57:33.780 --> 57:36.780]  Can you believe that?
[57:36.780 --> 57:39.780]  See, this is what they do.
[57:39.780 --> 57:45.780]  You know, they'll come after you and they'll hop up and down and wave their arms and rail in righteous indignation.
[57:45.780 --> 57:53.780]  But when you don't budge and they're looking at having to go to court with you, they throw that out.
[57:53.780 --> 57:58.780]  The prosecutor does not want to go to court and try to prove up a case.
[57:58.780 --> 58:00.780]  He don't have time.
[58:00.780 --> 58:03.780]  He wants to bully the individual and try to force him to take a deal.
[58:03.780 --> 58:09.780]  When they don't take a deal, Mike Handel was one, fought them for two years.
[58:09.780 --> 58:14.780]  They got to the courthouse steps and offered him another deal.
[58:14.780 --> 58:16.780]  They told him to go scratch.
[58:16.780 --> 58:27.780]  They walked in the courtroom and the lawyers were scrambling around trying to figure out how to get a motion to dismiss before the court,
[58:27.780 --> 58:35.780]  before they had to get in and actually try the case because they knew Mike would hammer them.
[58:35.780 --> 58:38.780]  So they'll fight you right up to the courthouse door.
[58:38.780 --> 58:41.780]  But they do not want to have to hold a trial.
[58:41.780 --> 58:45.780]  The lawyers were not anywhere near ready to hold a trial.
[58:45.780 --> 58:47.780]  They just don't do that.
[58:47.780 --> 58:49.780]  They force everybody to take a deal.
[58:49.780 --> 58:53.780]  Would you like to make more definite progress in your walk with God?
[58:53.780 --> 59:00.780]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.780 --> 59:05.780]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:05.780 --> 59:12.780]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.780 --> 59:17.780]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.780 --> 59:23.780]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.780 --> 59:27.780]  growing in Christ and how to build up the Church.
[59:27.780 --> 59:33.780]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.780 --> 59:40.780]  call Bibles for America toll free at 888-551-0102.
[59:40.780 --> 59:44.780]  That's 888-551-0102.
[59:44.780 --> 59:49.780]  Or visit us online at bfa.org.
[59:49.780 --> 59:54.780]  Live free speech radio, logosradionetwork.com.
[01:00:01.780 --> 01:00:05.780]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.780 --> 01:00:08.780]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.780 --> 01:00:10.780]  Our liberty depends on it.
[01:00:10.780 --> 01:00:16.780]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.780 --> 01:00:18.780]  Privacy is under attack.
[01:00:18.780 --> 01:00:21.780]  When you give up data about yourself, you'll never get it back again.
[01:00:21.780 --> 01:00:26.780]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.780 --> 01:00:28.780]  So protect your rights.
[01:00:28.780 --> 01:00:32.780]  Say no to surveillance and keep your information to yourself.
[01:00:32.780 --> 01:00:34.780]  Privacy, it's worth hanging on to.
[01:00:34.780 --> 01:00:38.780]  This public service announcement is brought to you by StartPage.com,
[01:00:38.780 --> 01:00:42.780]  the private search engine alternative to Google, Yahoo and Bing.
[01:00:42.780 --> 01:00:45.780]  Start over with StartPage.
[01:00:45.780 --> 01:00:48.780]  Imagine your mom and dad are getting ready for bed.
[01:00:48.780 --> 01:00:51.780]  They pull back the covers and find a third party there.
[01:00:51.780 --> 01:00:54.780]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.780 --> 01:01:00.780]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.780 --> 01:01:06.780]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.780 --> 01:01:09.780]  Third party, Third Amendment, get it?
[01:01:09.780 --> 01:01:12.780]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.780 --> 01:01:16.780]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.780 --> 01:01:21.780]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.780 --> 01:01:35.780]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.780 --> 01:01:38.780]  They guarantee the specific freedoms Americans should know and protect.
[01:01:38.780 --> 01:01:40.780]  Our liberty depends on it.
[01:01:40.780 --> 01:01:46.780]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.780 --> 01:01:48.780]  Privacy is under attack.
[01:01:48.780 --> 01:01:52.780]  When you give up data about yourself, you'll never get it back again.
[01:01:52.780 --> 01:01:56.780]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.780 --> 01:01:58.780]  So protect your rights.
[01:01:58.780 --> 01:02:02.780]  Say no to surveillance and keep your information to yourself.
[01:02:02.780 --> 01:02:04.780]  Privacy, it's worth hanging on to.
[01:02:04.780 --> 01:02:08.780]  This public service announcement is brought to you by StartPage.com,
[01:02:08.780 --> 01:02:12.780]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.780 --> 01:02:15.780]  Start over with StartPage.
[01:02:15.780 --> 01:02:21.780]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.780 --> 01:02:27.780]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.780 --> 01:02:30.780]  Fourth Amendment, four eyes staring at you, get it?
[01:02:30.780 --> 01:02:34.780]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.780 --> 01:02:39.780]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.780 --> 01:02:43.780]  When government employees demand a peep at your privates without probable cause,
[01:02:43.780 --> 01:02:46.780]  I say it's time to sound the constitutional alarm bells.
[01:02:46.780 --> 01:02:49.780]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.780 --> 01:02:53.780]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.780 --> 01:03:05.780]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.780 --> 01:03:33.780]  I will pay for the war with my body, ain't gonna pay for the car with my money,
[01:03:33.780 --> 01:03:40.780]  I will pay for the fun with my body, their plans wicked and their logic shoddy,
[01:03:40.780 --> 01:03:47.780]  ain't gonna pay for the war with my body, I will pay for the boys with my money,
[01:03:47.780 --> 01:04:13.380]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 22nd day of
[01:04:13.380 --> 01:04:27.620]  July 2022, and we're talking to E.J. in California, okay, E.J., where were we, I ran off the cliff.
[01:04:27.620 --> 01:04:34.420]  So, they're not really equipped to go through trial, they just want a plea deal?
[01:04:34.420 --> 01:04:39.980]  Yeah, they are, everything is about the deal, the average conviction rate for the state
[01:04:39.980 --> 01:04:53.180]  of Texas, that's the only one I have actual statistics for, is 99.6, the worst police
[01:04:53.180 --> 01:04:58.260]  state the world has ever seen.
[01:04:58.260 --> 01:05:09.460]  China incarcerates approximately 121 of its citizens per 100,000, Russia 327, the United
[01:05:09.460 --> 01:05:26.460]  States as a whole 638, Texas 750, Louisiana over a thousand, the worst police state by
[01:05:26.460 --> 01:05:35.020]  far, and for the most part nobody knows, except for a few of us, those who have ever dealt
[01:05:35.020 --> 01:05:40.380]  with the criminal justice system, realize how screwed up it is, with the legal system
[01:05:40.380 --> 01:05:43.780]  at all.
[01:05:43.780 --> 01:05:52.740]  We got to fix it, and the way they get that almost 100% conviction rate, is to force everybody
[01:05:52.740 --> 01:06:01.380]  to take a deal, this keeps them from having to try cases, I just finished up a 114 page
[01:06:01.380 --> 01:06:15.900]  lawsuit on that issue, taking on that particular issue, there is a tiny little fix, generally
[01:06:15.900 --> 01:06:24.720]  when a system is breaking down system wide, you can't blame the operators, there's something
[01:06:24.720 --> 01:06:32.540]  wrong in the system, something basically wrong, and the more pervasive and widespread a problem
[01:06:32.540 --> 01:06:41.700]  is, generally the simpler it is, it generally goes to some minor problem at the base of
[01:06:41.700 --> 01:06:48.080]  the system that propagates out through the whole thing, and this incarceration rate goes
[01:06:48.080 --> 01:06:54.700]  to the fact that people are not taken directly to the nearest magistrate when they are arrested,
[01:06:54.700 --> 01:07:02.580]  that's not, it's not apparent how important that is on the surface, and what I accuse
[01:07:02.580 --> 01:07:10.860]  is that prosecutors were given the duty to give legal advice to the police and lower
[01:07:10.860 --> 01:07:11.860]  courts.
[01:07:11.860 --> 01:07:18.860]  Heck, we already had them learn to counsel on public employ, the legislature in their
[01:07:18.860 --> 01:07:24.660]  wisdom decided it would be a good idea to have these guys give legal advice to the inferior
[01:07:24.660 --> 01:07:37.220]  courts, the courts that are loitered over by non-lawyers, or they could be non-lawyers,
[01:07:37.220 --> 01:07:39.740]  give them legal advice, and the police.
[01:07:39.740 --> 01:07:45.580]  That seemed like a good idea, but it was a horrible idea.
[01:07:45.580 --> 01:07:53.380]  It could be expected to lead to exactly the disaster we now experience.
[01:07:53.380 --> 01:08:03.780]  Do you really expect prosecuting attorneys to direct and guide police and lower courts
[01:08:03.780 --> 01:08:07.460]  in practices and procedures that will make their life a living hell?
[01:08:07.460 --> 01:08:16.900]  I'm not saying they did this on purpose, they just threw a series of seemingly minor adjustments
[01:08:16.900 --> 01:08:24.620]  toward adjudicative expediency and administrative convenience, we gradually moved from rule
[01:08:24.620 --> 01:08:29.700]  of law to this horrible mess that we have now.
[01:08:29.700 --> 01:08:36.340]  The key issue is the magistrate.
[01:08:36.340 --> 01:08:40.900]  Magistrates served us well for 800 years.
[01:08:40.900 --> 01:08:48.500]  When a sheriff arrested a freeman in England, he was required by the Magna Carta to take
[01:08:48.500 --> 01:08:53.180]  that person directly to the nearest magistrate and explain himself.
[01:08:53.180 --> 01:08:57.400]  It wasn't because they didn't trust the police.
[01:08:57.400 --> 01:09:04.560]  They didn't want the public to feel as though the police could arrest and imprison.
[01:09:04.560 --> 01:09:09.900]  They put a neutral magistrate in between, and they understood that even if somebody
[01:09:09.900 --> 01:09:22.620]  has done something wrong, the one thing they need and want the most is to be heard.
[01:09:22.620 --> 01:09:29.380]  If they just feel like someone listened to them, they will be a lot more trusting of
[01:09:29.380 --> 01:09:31.420]  the legal system.
[01:09:31.420 --> 01:09:41.780]  Back in the 70s, the early 70s, a really unfortunate ruling, Troy v. State, or State v. Troy,
[01:09:41.780 --> 01:09:47.220]  the court said that in the matter of a misdemeanor, an accused does not have a right to an examining
[01:09:47.220 --> 01:09:48.220]  trial.
[01:09:48.220 --> 01:09:52.020]  Well, so what?
[01:09:52.020 --> 01:09:54.180]  Examining trials are not about rights.
[01:09:54.180 --> 01:10:00.220]  Examining trials are not, well, they're kind of in the Constitution, but they're in the
[01:10:00.220 --> 01:10:03.400]  federal law, but they're not exactly in the Constitution.
[01:10:03.400 --> 01:10:06.380]  They are in statute.
[01:10:06.380 --> 01:10:10.460]  So the courts stopped doing examining trials because they didn't have a right to them.
[01:10:10.460 --> 01:10:14.180]  I had a judge actually tell me, since you don't have a right to an examining trial,
[01:10:14.180 --> 01:10:15.660]  I can't hold one.
[01:10:15.660 --> 01:10:20.340]  Well, where'd you come up with that?
[01:10:20.340 --> 01:10:23.740]  The codes command you to hold one.
[01:10:23.740 --> 01:10:30.860]  I had a judge tell me that it doesn't exist, that the examining trial doesn't exist in
[01:10:30.860 --> 01:10:33.860]  a misdemeanor.
[01:10:33.860 --> 01:10:36.900]  Yeah, and that's what they claim.
[01:10:36.900 --> 01:10:37.900]  That's what they believe.
[01:10:37.900 --> 01:10:41.820]  But they've never read the code, obviously.
[01:10:41.820 --> 01:10:42.820]  Obviously not.
[01:10:42.820 --> 01:10:50.300]  And the reason for the examining trial is the policeman needs to know that if he arrests
[01:10:50.300 --> 01:10:55.500]  someone for any reason, he's going to have to explain himself to a third party, not to
[01:10:55.500 --> 01:11:02.260]  his boss, not to his chief of police or the sergeant or guys he works with every day,
[01:11:02.260 --> 01:11:06.980]  but to someone outside his area of the system.
[01:11:06.980 --> 01:11:13.540]  So when they come across someone like me, and I am my usual arrogant and demanding self,
[01:11:13.540 --> 01:11:20.660]  the policeman gets a notion that he needs to give this guy an attitude adjustment.
[01:11:20.660 --> 01:11:25.940]  If he's facing the prospect of immediately explaining his behavior to a justice of the
[01:11:25.940 --> 01:11:38.340]  peace, that is likely to dampen his passion somewhat and increase his professionalism,
[01:11:38.340 --> 01:11:42.860]  keep him from doing something stupid that would cost him his job.
[01:11:42.860 --> 01:11:44.340]  That worked well for 800 years.
[01:11:44.340 --> 01:11:45.340]  They took it out.
[01:11:45.340 --> 01:11:52.980]  And if you look at the incarceration rates relative to population, they tracked one another
[01:11:52.980 --> 01:11:55.860]  until the 70s.
[01:11:55.860 --> 01:11:59.740]  About 72 or 73, the incarceration rates started up.
[01:11:59.740 --> 01:12:05.020]  And right now, if you look at the charts, it's almost vertical.
[01:12:05.020 --> 01:12:10.020]  The increase is just almost logarithmic.
[01:12:10.020 --> 01:12:22.020]  The county courts in Texas in 2018 spent $990 million for pre-trial incarceration.
[01:12:22.020 --> 01:12:26.500]  The entire budget was 3.4 for pre-trial.
[01:12:26.500 --> 01:12:29.300]  These people haven't been convicted of anything.
[01:12:29.300 --> 01:12:34.780]  And another 254 million in court appointed counsel.
[01:12:34.780 --> 01:12:37.780]  That is outrageous.
[01:12:37.780 --> 01:12:40.900]  It's really outrageous.
[01:12:40.900 --> 01:12:48.060]  We are six times the amount of people in our prisons as communist China.
[01:12:48.060 --> 01:12:49.060]  China.
[01:12:49.060 --> 01:12:57.260]  I told someone that, and you know, his sister is a sheriff, and this is what he said, well,
[01:12:57.260 --> 01:12:59.540]  in China, they cut your fingers off.
[01:12:59.540 --> 01:13:02.540]  I'm like, what?
[01:13:02.540 --> 01:13:10.540]  That's like, they don't, not many Chinese are in jail because they know they'll cut
[01:13:10.540 --> 01:13:11.540]  your fingers off.
[01:13:11.540 --> 01:13:12.540]  I'm like, what?
[01:13:12.540 --> 01:13:13.540]  I don't think that's true.
[01:13:13.540 --> 01:13:14.540]  I never heard that.
[01:13:14.540 --> 01:13:29.100]  Do they cut your fingers off in Russia and in every other country in the world?
[01:13:29.100 --> 01:13:33.940]  There is no country in the world that comes close to the United States in incarceration
[01:13:33.940 --> 01:13:34.940]  rate.
[01:13:34.940 --> 01:13:35.940]  I do agree with you.
[01:13:35.940 --> 01:13:36.940]  And except that, I was like, oh, I'm not going to talk to this.
[01:13:36.940 --> 01:13:37.940]  Just look it up on the internet.
[01:13:37.940 --> 01:13:38.940]  It's insane.
[01:13:38.940 --> 01:13:39.940]  It's really bad.
[01:13:39.940 --> 01:13:40.940]  Yeah.
[01:13:40.940 --> 01:13:49.940]  And you know, all the money's funneled into the judge's pocket.
[01:13:49.940 --> 01:13:51.940]  I mean, we all know this, right?
[01:13:51.940 --> 01:13:54.940]  I don't think it's, no, no, no.
[01:13:54.940 --> 01:13:59.540]  I think that's a distraction.
[01:13:59.540 --> 01:14:03.940]  It would be easier if that were the case.
[01:14:03.940 --> 01:14:13.500]  In my research, I can find no evil wrongdoer that I can demonize beyond all redemption
[01:14:13.500 --> 01:14:17.460]  and then rail at and righteous indignation.
[01:14:17.460 --> 01:14:22.900]  This is not something somebody did.
[01:14:22.900 --> 01:14:27.500]  It's something that just occurred over time.
[01:14:27.500 --> 01:14:30.340]  There was a check and balance in place.
[01:14:30.340 --> 01:14:39.540]  That check and balance was removed and the system just moved to this place.
[01:14:39.540 --> 01:14:46.220]  Now in order to get it back, I do have to sting some folks, but life is tough.
[01:14:46.220 --> 01:14:47.220]  It's like my grandkids.
[01:14:47.220 --> 01:14:52.980]  You know, I love them dearly, but if one of them runs out in the road, I'm fixing to tan
[01:14:52.980 --> 01:14:55.380]  his hide.
[01:14:55.380 --> 01:14:59.080]  That's what we have not done.
[01:14:59.080 --> 01:15:03.380]  And we let this system get completely out of control.
[01:15:03.380 --> 01:15:08.900]  This time we picked up the reins, remembered who we are.
[01:15:08.900 --> 01:15:12.940]  We are citizens in a republic.
[01:15:12.940 --> 01:15:18.240]  Now whether we're sovereign or not, I don't know about that, but all of our public officials
[01:15:18.240 --> 01:15:19.540]  work for us.
[01:15:19.540 --> 01:15:23.580]  We are the masters of our servants.
[01:15:23.580 --> 01:15:26.340]  We need to act like it.
[01:15:26.340 --> 01:15:28.420]  Exactly.
[01:15:28.420 --> 01:15:31.260]  We need to start taking these guys on.
[01:15:31.260 --> 01:15:37.180]  The first time they step a half inch across the legal line, we need to hammer them.
[01:15:37.180 --> 01:15:42.460]  Don't wait until they do something incredibly horrible like throw a flashbang into an apartment
[01:15:42.460 --> 01:15:47.220]  and burn it down and burn up a 14 year old boy.
[01:15:47.220 --> 01:15:50.500]  We had nothing to do with any of that.
[01:15:50.500 --> 01:15:51.820]  We don't wait until then.
[01:15:51.820 --> 01:15:58.580]  We don't wait until they shoot someone 50 some odd times.
[01:15:58.580 --> 01:16:03.260]  We sting them when they pull me over and he doesn't have authority to do it.
[01:16:03.260 --> 01:16:07.900]  I charged him with first degree felony aggravated assault and sent a professional conduct complaint
[01:16:07.900 --> 01:16:15.260]  to the state commission or to the Texas Commission on Law Enforcement.
[01:16:15.260 --> 01:16:17.380]  That'll sting him good.
[01:16:17.380 --> 01:16:23.380]  And now I'm going after the judge and the prosecutor, I'm going after all of them, over.
[01:16:23.380 --> 01:16:30.940]  I didn't get my registration done in time, so I am beating the snot out all of them.
[01:16:30.940 --> 01:16:32.860]  This is what we've got to start doing.
[01:16:32.860 --> 01:16:39.940]  I'm going after them for a traffic ticket that was dismissed and they tried to revive
[01:16:39.940 --> 01:16:40.940]  it.
[01:16:40.940 --> 01:16:41.940]  Oh my God.
[01:16:41.940 --> 01:16:54.620]  Okay, hang on, Randy Kelton, Brett Fountain, Rue of Law Radio, a call in number 512-646-1984.
[01:16:54.620 --> 01:17:00.260]  We'll be right back.
[01:17:00.260 --> 01:17:05.020]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.020 --> 01:17:09.020]  Stop debt collectors now with the Michael Mears Proven Method.
[01:17:09.020 --> 01:17:13.380]  Michael Mears has won six cases in federal court against debt collectors and now you
[01:17:13.380 --> 01:17:14.380]  can win too.
[01:17:14.380 --> 01:17:19.180]  You'll get step-by-step instructions in plain English on how to win in court using federal
[01:17:19.180 --> 01:17:24.980]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[01:17:24.980 --> 01:17:29.620]  letters and phone calls, how to get debt collectors out of your credit report, how to turn your
[01:17:29.620 --> 01:17:33.820]  financial tables on them and make them pay you to go away.
[01:17:33.820 --> 01:17:38.940]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:17:38.940 --> 01:17:40.900]  Personal consultation is available as well.
[01:17:40.900 --> 01:17:46.620]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.620 --> 01:17:49.620]  or email michaelmears at yahoo.com.
[01:17:49.620 --> 01:17:59.060]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[01:17:59.060 --> 01:18:00.300]  collectors now.
[01:18:00.300 --> 01:18:01.300]  I love Logos.
[01:18:01.300 --> 01:18:04.620]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.620 --> 01:18:07.500]  I'm so addicted to the truth now that there's no going back.
[01:18:07.500 --> 01:18:08.500]  I need my truth fix.
[01:18:08.500 --> 01:18:13.300]  I'd be lost without Logos and I really want to help keep this network on the air.
[01:18:13.300 --> 01:18:17.140]  I'd love to volunteer as a show producer but I'm a bit of a Luddite and I really don't
[01:18:17.140 --> 01:18:20.500]  have any money to give because I spent it all on supplements.
[01:18:20.500 --> 01:18:21.900]  How can I help Logos?
[01:18:21.900 --> 01:18:24.060]  Well, I'm glad you asked.
[01:18:24.060 --> 01:18:26.860]  Whenever you order anything from Amazon, you can help Logos.
[01:18:26.860 --> 01:18:31.540]  When ordering your supplies or holiday gifts, the first thing you do is clear your cookies.
[01:18:31.540 --> 01:18:37.940]  Now go to LogosRadioNetwork.com, click on the Amazon logo and bookmark it.
[01:18:37.940 --> 01:18:43.580]  Now when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.580 --> 01:18:44.580]  Do I pay extra?
[01:18:44.580 --> 01:18:45.580]  No.
[01:18:45.580 --> 01:18:47.180]  Do I have to do anything different when I order?
[01:18:47.180 --> 01:18:48.180]  No.
[01:18:48.180 --> 01:18:49.180]  Can I use my Amazon Prime?
[01:18:49.180 --> 01:18:50.180]  No.
[01:18:50.180 --> 01:18:51.180]  I mean, yes.
[01:18:51.180 --> 01:18:52.180]  Wow.
[01:18:52.180 --> 01:18:56.020]  Giving without doing anything or spending any money, this is perfect.
[01:18:56.020 --> 01:18:57.020]  Thank you so much.
[01:18:57.020 --> 01:18:58.020]  We are welcome.
[01:18:58.020 --> 01:18:59.020]  Happy holidays, Logos.
[01:18:59.020 --> 01:19:00.020]  This is the Logos Radio Net.
[01:19:00.020 --> 01:19:29.740]  It ain't gonna blind me, don't bore me, well, it ain't gonna blind me, don't bore me, don't
[01:19:29.740 --> 01:19:36.500]  bore me, don't bore me, don't bore me, ain't gonna fool me with that same old trick again.
[01:19:36.500 --> 01:19:45.300]  I was blindsided, but now I can see your plan, you put the fear in my pocket, took the money
[01:19:45.300 --> 01:19:55.300]  from my hand, ain't gonna fool me with that same old trick again.
[01:19:55.300 --> 01:20:23.300]  I was blindsided, but now I can see your plan, you put the fear in my pocket, took the money
[01:20:23.300 --> 01:20:24.300]  from my hand, ain't gonna fool me with that same old trick again.
[01:20:24.300 --> 01:20:25.300]  And where were we?
[01:20:25.300 --> 01:20:33.160]  We generally have lively conversations on the breaks so I sometimes lose my place.
[01:20:33.160 --> 01:20:40.660]  So Texas is one of the highest corporations, right?
[01:20:40.660 --> 01:20:44.240]  Oh, it's talking about...
[01:20:44.240 --> 01:20:45.240]  California.
[01:20:45.240 --> 01:20:49.540]  And primarily it went to examining trials.
[01:20:49.540 --> 01:20:52.460]  Oh yeah, that's right.
[01:20:52.460 --> 01:20:53.460]  That's right.
[01:20:53.460 --> 01:21:23.380]  It is the smallest thing we can do to have the greatest change and I prepared this lawsuit and I talked earlier about how to construct these lawsuits and this was 114 pages and without this technology that I'm using, you know, using headings on every paragraph, that's the main thing and there was no way I would have been able to get this thing all put together.
[01:21:23.460 --> 01:21:47.380]  So I'm real pleased with that, where it's time we took him on and what I started the show with was that I just sued a justice of the peace for not doing something that, he probably didn't even think anything about it when he did it, he thought he was able to.
[01:21:47.380 --> 01:22:01.300]  I asked him to issue a warrant and he refused and he's probably done that a hundred times and never had a problem with it and all of a sudden I sued him personally.
[01:22:01.300 --> 01:22:23.220]  Well yeah, pretty much when somebody tells their public officials they want something done and the public official gives them some pushback, people didn't really realize that's a duty and they don't know what's required or not and they just listen if the public official pushes back and says oh I can't do that or no no that's not how it works around here.
[01:22:23.220 --> 01:22:36.180]  Well people tend to just believe that the public official must know the law, they must be doing the right thing and I guess I just can't ask for that.
[01:22:36.180 --> 01:22:50.340]  We have kind of, you always need to know what you're doing, we have some rules and one of them is never make a proactive statement of law out of your own mouth.
[01:22:50.340 --> 01:23:10.420]  And what I mean by that is never say to a public official you're supposed to do this or you're supposed to do that or I want you to do this or I want you to do that, you tell them you're supposed to do this in accordance with whatever statute of whatever case law.
[01:23:10.420 --> 01:23:27.300]  If you don't have law behind you, you have nothing. When you do have law behind you, you have everything and what we're trying to get people to do is figure all this out before you go in.
[01:23:27.300 --> 01:23:34.100]  You walk in in front of this person and they've got just a second or two to respond to you.
[01:23:34.100 --> 01:23:46.820]  You can take all the time you want to to get prepared for them and that's what I find seems to be to have the most effect on these public officials.
[01:23:46.820 --> 01:24:01.220]  When I come in and ask them to do something and I've already done all my homework and they haven't and they're trying to respond to me off the cuff and they really don't know how to.
[01:24:01.220 --> 01:24:21.780]  And I can always get them to do something that I can sue them for. I haven't been doing that because filing suits difficult but I am trying to fix that by going to really generic and focused issues.
[01:24:21.780 --> 01:24:42.180]  Searching out of their behavior the things they tend to do all the time. Figure out how to challenge that particular issue and I'm preparing documents for that purpose and then go in and encourage them to do what they want to do anyway.
[01:24:42.180 --> 01:25:04.500]  Like when I asked this judge to issue warrants on this complaint and then I had to scratch out Joe DeRuzzo's name and put mine in it he got the impression that I was just some knucklehead pro se coming down there to give him a hard time.
[01:25:04.500 --> 01:25:23.140]  Played him like a cheap fiddle. Well you did it really well too because by saying hey that's not you and then you scratch it out in front of him it makes it look like you've got somebody else's document that you're just hoping is going to cause something but you have no idea you didn't write it yourself.
[01:25:23.140 --> 01:25:48.580]  You don't have any you downloaded it off the internet. What he found out later was that while my name wasn't there at the top and I had to scratch it out and put it in my name was on the bottom of it where the validation was where I notarized it and he missed that part.
[01:25:48.580 --> 01:26:05.860]  So I hope he feels like I played it. Consider it. You get somebody comes in and plays you like a cheap fiddle. How do you feel about that?
[01:26:05.860 --> 01:26:22.020]  Here I'm big bad. Know it all JP and this guy comes in here and played me. Now he's suing me personally. How's that feel Bubba? You want to throw out the next pro se that walks in your door?
[01:26:22.020 --> 01:26:44.980]  I am hoping that with this radio program and with the telegram channels that we have that go with it that we can get a number of people around the country doing this. You have no idea how much effect you can have.
[01:26:44.980 --> 01:26:59.540]  These judges they all have monthly meetings where they talk about all the things that's happened to them. All the documents that I file in my traffic ticket cases all the judges know about them.
[01:26:59.540 --> 01:27:18.020]  I've only filed them in a few cases here in East Texas but all the magistrates know what they are and they're calling them sovereign citizen documents because we've hammered judges with them and they went to these other judges to figure out how they can handle it.
[01:27:18.020 --> 01:27:37.060]  This judge I'm hammering in Rome Texas he's going to go to these meetings and tell them what's been happening to him to try to figure out how to handle me and that way everybody finds out what's going on.
[01:27:37.060 --> 01:27:59.700]  Bob Whitaker in Victoria Texas I can guarantee you he's going to talk to some of the district judges and certainly to the prosecutor to try to figure out how to cover himself for this suit I just filed against him.
[01:27:59.700 --> 01:28:27.700]  They'll all find out about it. If we can get one person in every county hammering these officials these problems will go away very quickly because I guarantee you Bob Whitaker he's going to go to his lawyers and ask them what can we do to fix this and they're not going to have anything.
[01:28:27.700 --> 01:28:54.260]  When their lawyer shows up the first thing I do is do a Brett Fountain on them. I've barguered them into the stone age and then the lawyer quits especially if you've got a small jurisdiction like this one if the prosecutors were the sharpest knife in the door they'd be in the bigger jurisdictions making the big bucks.
[01:28:54.260 --> 01:29:10.740]  We wouldn't be out here in Podunk South Texas so we're not getting in the sharpest knives in the door and if we can do our homework before going in we can get them to be afraid of us.
[01:29:10.740 --> 01:29:23.700]  Thomas Jefferson said when the people fear the government there is tyranny. When the government fears the people there is liberty.
[01:29:23.700 --> 01:29:26.740]  We can do this you and I.
[01:29:26.740 --> 01:29:34.580]  EJ you've been having fun with these guys. Have you been going after them criminally?
[01:29:34.580 --> 01:29:43.460]  No I'm trying to figure out how to do that because of the music playing.
[01:29:43.460 --> 01:30:00.420]  It's easy. It's fun. Everybody's going to try to protect them and you know that going in. So you set them up so you can hammer them. Hang on. Go into our sponsors. Randy Kelton, Brett Fountain, Wheel of Law Radio. We'll be right back.
[01:30:00.420 --> 01:30:16.420]  Sorry soft drink lovers. Even diet drinks can make you fat. A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff. I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:16.420 --> 01:30:44.980]  Privacy is under attack. When you give up data about yourself you'll never get it back again. And once your privacy is gone you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to. This public service announcement is brought to you by Startpage.com. The private search engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[01:30:44.980 --> 01:31:02.580]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.580 --> 01:31:23.860]  The study's authors say artificial sweeteners trigger the appetite but unlike regular sugars don't deliver anything to squelch it. Waking up hunger without satisfying it leads to cravings which can result in a larger overall calorie intake. So use natural sweeteners to maintain a healthy weight and if you need to shed some pounds avoid the sweet stuff altogether and drink water instead.
[01:31:23.860 --> 01:31:53.860]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11. The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition. Over 6,000 of my fellow service members have given their lives and thousands of my fellow first responders have died. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm a father.
[01:31:53.860 --> 01:32:00.860]  We lost his son. We're Americans and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:23.860 --> 01:32:48.860]  The former sheriff's deputy Eddie Craig in conjunction with Rule of Law Radio has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold reports to the rule of law. You can get your own copy of this invaluable material by going to RuleofLawRadio.com and ordering your copy today. By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus The Lie, video and audio of the original 2009 seminar, hundreds of research documents and other useful resource material. Learn how to fight for your rights with the help of this material from Rule of Law Radio, The Era of Justice.
[01:32:53.860 --> 01:33:00.860]  Order your copy today and together we can have the free society we all want and deserve.
[01:33:00.860 --> 01:33:22.860]  Looking for some truth? You found it. Logosradionetwork.com.
[01:33:30.860 --> 01:33:45.860]  The wicked come with temptations. They're trying to buy the whole place.
[01:33:45.860 --> 01:34:00.860]  They want to force a new nation. Because they've fallen from grace. I will not drink from that cup.
[01:34:00.860 --> 01:34:10.860]  Okay, we are back. Randy Kelton, Brett Fountain, we have our radio on this. What day is it, Brett?
[01:34:10.860 --> 01:34:13.860]  Would you believe August?
[01:34:13.860 --> 01:34:24.860]  No. 22nd day of July 2022. And we're talking to EJ. Okay, EJ, I was going through a lot of stuff there.
[01:34:24.860 --> 01:34:33.860]  Let me go back to you. You had an issue when you called in. Have we addressed your issues?
[01:34:33.860 --> 01:34:48.860]  This is going back to a federal case. So I asked for an extension and the DAs that I included have immunity.
[01:34:48.860 --> 01:35:02.860]  Just because I asked them to view the surveillance footage doesn't make it like they didn't do their duty.
[01:35:02.860 --> 01:35:05.860]  Wait a minute, I don't understand what you're talking about.
[01:35:05.860 --> 01:35:15.860]  I'm going back to my federal case. So this is not the failure to show ID. Sorry, I'm skipping over.
[01:35:15.860 --> 01:35:28.860]  Just give us a little introduction so we know what you're referring to in someone having immunity for I'm not sure what you're talking about.
[01:35:28.860 --> 01:35:37.860]  This is back to the hospital case, one in state and then one in state.
[01:35:37.860 --> 01:35:43.860]  I got that, but you were saying something about somebody having immunity.
[01:35:43.860 --> 01:36:09.860]  It's the prosecutors. I named about four DAs failure to one of the positive actions due process claims
[01:36:09.860 --> 01:36:19.860]  because I did call them and ask them and request to view the hospital surveillance footage.
[01:36:19.860 --> 01:36:28.860]  You just mentioned that you need to back it up with statute or case law. At that time, I didn't know how to do that.
[01:36:28.860 --> 01:36:35.860]  Where is the law that requires the prosecutor to produce this particular footage?
[01:36:35.860 --> 01:36:46.860]  You can start with Brady. Brady is your quintessential case on discovery.
[01:36:46.860 --> 01:36:58.860]  Look at Brady and look at references to Brady from California cases.
[01:36:58.860 --> 01:37:05.860]  Then you'll find one that stipulates what the prosecutor is supposed to produce.
[01:37:05.860 --> 01:37:11.860]  If the prosecutor fails to perform a duty he's required to perform, that's a crime in every state.
[01:37:11.860 --> 01:37:17.860]  If he commits a crime, for that he doesn't have immunity.
[01:37:17.860 --> 01:37:35.860]  Oh, okay. I was just thinking I put official and individual capacity. If they do have absolute immunity, they meaning the DAs.
[01:37:35.860 --> 01:37:42.860]  No, no, no. He has immunity when he's acting within the scope of his authority.
[01:37:42.860 --> 01:37:53.860]  He maintained that when he denied you records that you had a right to, he was not acting within scope.
[01:37:53.860 --> 01:38:05.860]  What keeps you in court is not what you can prove. What keeps you in court is the nature of your claim.
[01:38:05.860 --> 01:38:15.860]  When you make the claim that the prosecutor had a statutory duty to provide you with these documents or these videos,
[01:38:15.860 --> 01:38:20.860]  when he failed to do so he violated a law relating to his office.
[01:38:20.860 --> 01:38:28.860]  Criminal acts are not within the scope of the prosecutor's office.
[01:38:28.860 --> 01:38:39.860]  The prosecutor has to prove that in this case he is covered by his immunity. He has to do that in court.
[01:38:39.860 --> 01:38:45.860]  The court must take your accusations as if they are true.
[01:38:45.860 --> 01:38:56.860]  If it was true that the prosecutor had no authority to deny you these records and in doing so he committed a crime,
[01:38:56.860 --> 01:39:03.860]  then the prosecutor has to prove that the commission of that crime doesn't deny him immunity.
[01:39:03.860 --> 01:39:17.860]  Since he has to prove it up, it's a matter of fact and law that has to be addressed in court so they can't get summary judgment.
[01:39:17.860 --> 01:39:29.860]  Because I talked to the pro-facemannic and they said they have absolute immunity. Anything that you ask them after they...
[01:39:29.860 --> 01:39:33.860]  Who cares what they say? What's important is what you say.
[01:39:33.860 --> 01:39:43.860]  Wonderful. Okay, wonderful. I'm like, really? I'm going to ask Randy about this.
[01:39:43.860 --> 01:39:51.860]  You might not believe this, but the prosecutor will lie to you.
[01:39:51.860 --> 01:39:58.860]  He will stand flat-footed, look you right in the eye, and lie like a dog.
[01:39:58.860 --> 01:40:00.860]  Oh, Randy.
[01:40:00.860 --> 01:40:05.860]  No, that's Scarless. I know it is. I might get sued for slander.
[01:40:05.860 --> 01:40:16.860]  So don't pay any attention to anything he says. The only one you need to pay attention to is the judge.
[01:40:16.860 --> 01:40:22.860]  You don't care what this guy says. You listen to what he says so you can rebut him.
[01:40:22.860 --> 01:40:26.860]  But you don't rebut to him, you rebut to the judge.
[01:40:26.860 --> 01:40:32.860]  You tell the judge, this guy's full of Cripolla. He's making all this stuff up.
[01:40:32.860 --> 01:40:40.860]  He has immunity in some circumstances, but not all.
[01:40:40.860 --> 01:40:52.860]  If someone comes into his office and he decides you don't like him and pulls out a pistol and shoots him, does he have immunity?
[01:40:52.860 --> 01:41:05.860]  Yeah, if he commits a crime against someone while he's pretending to be a prosecuting attorney, does he have immunity?
[01:41:05.860 --> 01:41:06.860]  That's your allegation.
[01:41:06.860 --> 01:41:08.860]  He doesn't.
[01:41:08.860 --> 01:41:14.860]  He committed a crime. Because he committed that crime, he doesn't have any immunity.
[01:41:14.860 --> 01:41:22.860]  Got it. I'm looking to Brady in California. So I will still include them, rewrite my amended complaint.
[01:41:22.860 --> 01:41:30.860]  It's a second amended complaint. And I have to look.
[01:41:30.860 --> 01:41:37.860]  Okay, second amended complaint, you have to ask the court for permission.
[01:41:37.860 --> 01:41:38.860]  Motion for leave.
[01:41:38.860 --> 01:41:39.860]  The judge already.
[01:41:39.860 --> 01:41:44.860]  Yeah, motion to leave. I'm sorry. Yes, exactly. And then to leave. Yeah.
[01:41:44.860 --> 01:41:49.860]  And what you do is you prepare your amended pleading.
[01:41:49.860 --> 01:42:00.860]  And then in your motion, you explain why the amending pleading is necessary and why it's pertinent to you.
[01:42:00.860 --> 01:42:09.860]  While it's, what's the term, what am I looking for, Brett? It's valid that it makes.
[01:42:09.860 --> 01:42:11.860]  It's has merit, meritorious.
[01:42:11.860 --> 01:42:14.860]  It's meritorious. That's the word I was looking for.
[01:42:14.860 --> 01:42:15.860]  Okay.
[01:42:15.860 --> 01:42:28.860]  And then you give him a copy of the amended pleading you intend to file.
[01:42:28.860 --> 01:42:32.860]  I just asked for an extension and filed it last night.
[01:42:32.860 --> 01:42:33.860]  I haven't.
[01:42:33.860 --> 01:42:36.860]  Okay. After a ruling, you've generally got 30 days.
[01:42:36.860 --> 01:42:41.860]  So you get busy and produce your amended pleading and then ask.
[01:42:41.860 --> 01:42:46.860]  You can't ask the judge to allow an amended pleading if you don't show what you're going to file.
[01:42:46.860 --> 01:42:51.860]  And he look at it and determine that if it's sufficient.
[01:42:51.860 --> 01:42:56.860]  Oh, no, because my 30 days is a Monday.
[01:42:56.860 --> 01:43:01.860]  Well, then ask for an extension of time.
[01:43:01.860 --> 01:43:12.860]  I uploaded that last night, extension of time, but I haven't shown my amended complaint.
[01:43:12.860 --> 01:43:15.860]  Do you have any of it done?
[01:43:15.860 --> 01:43:17.860]  No.
[01:43:17.860 --> 01:43:18.860]  Then?
[01:43:18.860 --> 01:43:20.860]  Should I be doing it over the weekend then?
[01:43:20.860 --> 01:43:22.860]  Of course.
[01:43:22.860 --> 01:43:26.860]  You wait 30 days and do nothing and then ask him for an extension?
[01:43:26.860 --> 01:43:28.860]  The judge is not going to be happy.
[01:43:28.860 --> 01:43:30.860]  That's perfect.
[01:43:30.860 --> 01:43:31.860]  Okay.
[01:43:31.860 --> 01:43:32.860]  That's not good.
[01:43:32.860 --> 01:43:34.860]  Last night, what did you do?
[01:43:34.860 --> 01:43:37.860]  Yeah, give him something.
[01:43:37.860 --> 01:43:42.860]  Okay. All right. I got to get working.
[01:43:42.860 --> 01:43:45.860]  Okay. Good luck.
[01:43:45.860 --> 01:43:46.860]  Thank you.
[01:43:46.860 --> 01:43:49.860]  When we come back, we're going to go to Chris in Colorado.
[01:43:49.860 --> 01:43:53.860]  This is Randy Kelton, Brett Fountain, Rouge Law Radio.
[01:43:53.860 --> 01:43:57.860]  I call it number 512-646-1984.
[01:43:57.860 --> 01:44:00.860]  We'll be right back.
[01:44:00.860 --> 01:44:04.860]  Through advances in technology, our lives have greatly improved,
[01:44:04.860 --> 01:44:06.860]  except in the area of nutrition.
[01:44:06.860 --> 01:44:09.860]  People feed their pets better than they feed themselves.
[01:44:09.860 --> 01:44:11.860]  And it's time we changed all that.
[01:44:11.860 --> 01:44:17.860]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:17.860 --> 01:44:21.860]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[01:44:21.860 --> 01:44:25.860]  young Jevity can provide the nutrients you need.
[01:44:25.860 --> 01:44:29.860]  Logos Radio Network gets many requests to endorse all sorts of products,
[01:44:29.860 --> 01:44:31.860]  most of which we reject.
[01:44:31.860 --> 01:44:33.860]  We have come to trust young Jevity so much,
[01:44:33.860 --> 01:44:39.860]  we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[01:44:39.860 --> 01:44:42.860]  When you order from logosradionetwork.com,
[01:44:42.860 --> 01:44:46.860]  your health will improve as you help support quality radio.
[01:44:46.860 --> 01:44:51.860]  As you realize the benefits of young Jevity, you may want to join us.
[01:44:51.860 --> 01:44:54.860]  As a distributor, you can experience improved health,
[01:44:54.860 --> 01:44:58.860]  help your friends and family, and increase your income.
[01:44:58.860 --> 01:45:00.860]  Order now.
[01:45:00.860 --> 01:45:03.860]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.860 --> 01:45:06.860]  Win your case without an attorney with Juris Dictionary,
[01:45:06.860 --> 01:45:10.860]  the affordable, easy-to-understand, 4-CD course
[01:45:10.860 --> 01:45:14.860]  that will show you how in 24 hours, step-by-step.
[01:45:14.860 --> 01:45:18.860]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.860 --> 01:45:22.860]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.860 --> 01:45:27.860]  Thousands have won with our step-by-step course, and now you can too.
[01:45:27.860 --> 01:45:30.860]  Juris Dictionary was created by a licensed attorney
[01:45:30.860 --> 01:45:33.860]  with 22 years of case-winning experience.
[01:45:33.860 --> 01:45:38.860]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:38.860 --> 01:45:42.860]  about the principles and practices that control our American courts.
[01:45:42.860 --> 01:45:46.860]  You'll receive our audio classroom, video seminar, tutorials,
[01:45:46.860 --> 01:45:51.860]  forms for civil cases, pro se tactics, and much more.
[01:45:51.860 --> 01:45:55.860]  Please visit ruleoflawradio.com and click on the banner,
[01:45:55.860 --> 01:46:00.860]  or call toll-free, 866-LAW-EZ.
[01:46:00.860 --> 01:46:27.860]  Thank you.
[01:46:27.860 --> 01:46:55.860]  Okay, we are back.
[01:46:55.860 --> 01:46:57.860]  This is the Rule of Law Radio.
[01:46:57.860 --> 01:46:58.860]  Randy Pelton.
[01:46:58.860 --> 01:46:59.860]  I'm Brett Fountain.
[01:46:59.860 --> 01:47:04.860]  And we're going to go to our next caller, which is Chris in Colorado.
[01:47:04.860 --> 01:47:07.860]  We don't have anybody else on the board after Chris,
[01:47:07.860 --> 01:47:11.860]  so if you want to, oh my goodness, it just refreshed, and we've got two more.
[01:47:11.860 --> 01:47:12.860]  Okay, great.
[01:47:12.860 --> 01:47:17.860]  Well, Chris, what is on your mind?
[01:47:17.860 --> 01:47:20.860]  Lots of stuff.
[01:47:20.860 --> 01:47:22.860]  How are you guys doing?
[01:47:22.860 --> 01:47:24.860]  Doing well.
[01:47:24.860 --> 01:47:26.860]  Good.
[01:47:26.860 --> 01:47:27.860]  Well, I'll make a joke.
[01:47:27.860 --> 01:47:32.860]  I think I've discovered that lawyers lack creativity.
[01:47:32.860 --> 01:47:34.860]  How's that?
[01:47:34.860 --> 01:47:39.860]  Well, everyone I talk to can't get outside of their normal way of thinking.
[01:47:39.860 --> 01:47:42.860]  It's always just one single way.
[01:47:42.860 --> 01:47:49.860]  There's no other way to approach stuff, and I'm finding that over and over again.
[01:47:49.860 --> 01:47:53.860]  Well, yeah, I mean, they went to all those years of law school.
[01:47:53.860 --> 01:47:55.860]  They gave themselves a law degree.
[01:47:55.860 --> 01:47:57.860]  Now they're running around practicing law,
[01:47:57.860 --> 01:48:02.860]  and we can't really expect them to tell the truth.
[01:48:02.860 --> 01:48:03.860]  There you go.
[01:48:03.860 --> 01:48:05.860]  Very true.
[01:48:05.860 --> 01:48:08.860]  So I'm trying to understand this one.
[01:48:08.860 --> 01:48:16.860]  So the accident last August, it just kind of created a cascade of altered life.
[01:48:16.860 --> 01:48:21.860]  And we had the police doing dumb stuff and accusing me of stuff
[01:48:21.860 --> 01:48:24.860]  that I couldn't even remember my name after getting my head knocked.
[01:48:24.860 --> 01:48:31.860]  And then the hospital denies me service.
[01:48:31.860 --> 01:48:36.860]  Anyway, I move out from a place I'm living, and I go to put my stuff in storage,
[01:48:36.860 --> 01:48:38.860]  and all that stuff gets robbed.
[01:48:38.860 --> 01:48:43.860]  And it's just like one story after another that's related to the accident.
[01:48:43.860 --> 01:48:46.860]  And I'm trying to start separate claims for all this,
[01:48:46.860 --> 01:48:49.860]  and I talk to a couple lawyers, and they all say,
[01:48:49.860 --> 01:48:53.860]  especially the hospital thing, I figured a lawyer would jump on that like crazy.
[01:48:53.860 --> 01:48:56.860]  And they all say, no, you need to go after the original guy who hurt you.
[01:48:56.860 --> 01:48:58.860]  That's the claim.
[01:48:58.860 --> 01:49:02.860]  I'm like, how is he responsible for what happened this week,
[01:49:02.860 --> 01:49:04.860]  being almost a year later?
[01:49:04.860 --> 01:49:08.860]  How is any of that connected, even though it's somewhat related,
[01:49:08.860 --> 01:49:10.860]  but he didn't cause this.
[01:49:10.860 --> 01:49:12.860]  He hasn't caused howling discrimination.
[01:49:12.860 --> 01:49:14.860]  I'm running into that right now.
[01:49:14.860 --> 01:49:16.860]  My credit isn't high enough.
[01:49:16.860 --> 01:49:19.860]  It's all related to the accident, but I have to go do things.
[01:49:19.860 --> 01:49:22.860]  And so it doesn't make sense in my head logically
[01:49:22.860 --> 01:49:26.860]  that I'm going to go after the guy who hit me for the rest of my life.
[01:49:26.860 --> 01:49:28.860]  No.
[01:49:28.860 --> 01:49:32.860]  And then I really think what their deep down motive is
[01:49:32.860 --> 01:49:34.860]  is that they want the money from the settlement.
[01:49:34.860 --> 01:49:37.860]  They know it's an easy settlement, and they don't have to go to court.
[01:49:37.860 --> 01:49:38.860]  And that's really what they want.
[01:49:38.860 --> 01:49:43.860]  That's why they try to persuade me that they need to come in and rescue me.
[01:49:43.860 --> 01:49:47.860]  Is there any truth to that, that because the police treated me bad
[01:49:47.860 --> 01:49:48.860]  and the hospital treated me bad,
[01:49:48.860 --> 01:49:54.860]  that somehow the person who hit me in the accident, did that make any sense?
[01:49:54.860 --> 01:49:55.860]  I don't know.
[01:49:55.860 --> 01:50:01.860]  I would tend to connect it to there's something called mens rea.
[01:50:01.860 --> 01:50:03.860]  It's the criminal intent.
[01:50:03.860 --> 01:50:09.860]  And I would try to connect, if you were any of those people,
[01:50:09.860 --> 01:50:11.860]  think about the golden rule,
[01:50:11.860 --> 01:50:14.860]  if you were any of those people that did the wrong thing,
[01:50:14.860 --> 01:50:19.860]  you wouldn't want to be accused of some other wrong thing that somebody else did
[01:50:19.860 --> 01:50:21.860]  that put you into that position.
[01:50:21.860 --> 01:50:23.860]  You'd only want to be accused,
[01:50:23.860 --> 01:50:28.860]  would be only right to be accused of the piece that you had,
[01:50:28.860 --> 01:50:30.860]  the part that you played.
[01:50:30.860 --> 01:50:35.860]  Now, you can go and name them all as defendants and call it racketeering,
[01:50:35.860 --> 01:50:37.860]  because they all sat there and worked together.
[01:50:37.860 --> 01:50:39.860]  They all did their piece.
[01:50:39.860 --> 01:50:43.860]  So you could say this person filed a false report,
[01:50:43.860 --> 01:50:51.860]  knowing that it was going to trigger the activity of another public official.
[01:50:51.860 --> 01:50:53.860]  That was his piece.
[01:50:53.860 --> 01:50:59.860]  And then what this person did was, and as you kind of paint the whole story,
[01:50:59.860 --> 01:51:06.860]  each person had their part to play in it, but it wasn't all the first guy's fault.
[01:51:06.860 --> 01:51:11.860]  Right.
[01:51:11.860 --> 01:51:13.860]  Yeah, I mean, you're right.
[01:51:13.860 --> 01:51:16.860]  I don't think there is connected.
[01:51:16.860 --> 01:51:19.860]  You need to go to proximate cause.
[01:51:19.860 --> 01:51:24.860]  If you went to the hospital and the hospital screwed something up,
[01:51:24.860 --> 01:51:30.860]  you can't get back to the guy that hit you unless he came to the hospital
[01:51:30.860 --> 01:51:34.860]  and stopped the hospital from treating you.
[01:51:34.860 --> 01:51:37.860]  Now, I think you're right in your assessment that these officers
[01:51:37.860 --> 01:51:41.860]  want the property damage and personal injury suit,
[01:51:41.860 --> 01:51:44.860]  and they don't want to have to go after a hospital.
[01:51:44.860 --> 01:51:47.860]  They want the easy money.
[01:51:47.860 --> 01:51:52.860]  So they're trying to dissuade you from the stuff that's a little harder.
[01:51:52.860 --> 01:51:54.860]  Yeah.
[01:51:54.860 --> 01:51:57.860]  Well, I figured, you know, I even had an attorney say,
[01:51:57.860 --> 01:52:00.860]  don't file a grievance with the hospital because that will hurt your case.
[01:52:00.860 --> 01:52:05.860]  And that may be true, but I'll find out what the case eventually gets.
[01:52:05.860 --> 01:52:07.860]  But that may be another year down the road.
[01:52:07.860 --> 01:52:10.860]  I don't want to leave all this sitting in limbo, so to speak.
[01:52:10.860 --> 01:52:19.860]  It'll only hurt your case if you only sue the guy who actually hit you.
[01:52:19.860 --> 01:52:23.860]  If you sue the guy who actually hit you and you name the hospital,
[01:52:23.860 --> 01:52:32.860]  it won't hurt your case because you'll name the hospital for its level of liability.
[01:52:32.860 --> 01:52:36.860]  And who you want, you want the one with deep pockets.
[01:52:36.860 --> 01:52:40.860]  The hospital's the one that's got the deep pockets.
[01:52:40.860 --> 01:52:46.860]  So it was the insurance company that represents the kid who hit me.
[01:52:46.860 --> 01:52:49.860]  So, I mean, I think they're all separate suits, to be honest with you.
[01:52:49.860 --> 01:52:51.860]  I think, as I've said over the months...
[01:52:51.860 --> 01:52:56.860]  There's no causal connection between the accident and what the hospital did.
[01:52:56.860 --> 01:52:58.860]  Right.
[01:52:58.860 --> 01:53:02.860]  That's why I lose a lot of faith in the law and lawyers day by day every time.
[01:53:02.860 --> 01:53:05.860]  It's just like, it's ridiculous.
[01:53:05.860 --> 01:53:06.860]  I want to start bar grieving,
[01:53:06.860 --> 01:53:14.860]  and I'm going to start doing just random contacts with lawyers for being twist.
[01:53:14.860 --> 01:53:18.860]  And I was thinking, how about I bar grieve the guy who filed the wrong...
[01:53:18.860 --> 01:53:23.860]  Last night I called in, you guys told me about judicial...
[01:53:23.860 --> 01:53:25.860]  I wrote it down.
[01:53:25.860 --> 01:53:26.860]  Judicial notice.
[01:53:26.860 --> 01:53:30.860]  How about I bar grieve the lawyer for not taking the time to actually do due
[01:53:30.860 --> 01:53:36.860]  diligence for the case and file the wrong paper?
[01:53:36.860 --> 01:53:39.860]  That'd be great.
[01:53:39.860 --> 01:53:46.860]  I think that'd be a fun one because how is he going to say, I didn't do that?
[01:53:46.860 --> 01:53:48.860]  You can't.
[01:53:48.860 --> 01:53:51.860]  And then, should I file that motion if I can get to the guys like the night
[01:53:51.860 --> 01:53:53.860]  before my status hearing?
[01:53:53.860 --> 01:53:54.860]  Or should I give it more time?
[01:53:54.860 --> 01:53:59.860]  I only got like three, four days left here before the status hearing.
[01:53:59.860 --> 01:54:04.860]  I don't think the motion would have anything to do with the status hearing.
[01:54:04.860 --> 01:54:05.860]  Oh, okay.
[01:54:05.860 --> 01:54:10.860]  Well, they normally, at status hearings, the judge normally does,
[01:54:10.860 --> 01:54:13.860]  he looks at any outstanding motions.
[01:54:13.860 --> 01:54:16.860]  And then he'll look at them and grant them or et cetera.
[01:54:16.860 --> 01:54:22.860]  But it doesn't prevent you from filing another motion later.
[01:54:22.860 --> 01:54:24.860]  Okay.
[01:54:24.860 --> 01:54:26.860]  Okay, because he's going to...
[01:54:26.860 --> 01:54:31.860]  I certainly wouldn't rush my motion just to get it in before the status hearing.
[01:54:31.860 --> 01:54:32.860]  Okay.
[01:54:32.860 --> 01:54:33.860]  All right.
[01:54:33.860 --> 01:54:34.860]  I'll take my time on that.
[01:54:34.860 --> 01:54:37.860]  But we're going to definitely be talking about where we're at.
[01:54:37.860 --> 01:54:43.860]  And he's going to ask, you know, where were we at, counsel and plaintiff?
[01:54:43.860 --> 01:54:51.860]  And somebody is going to have to bring up the point that they answered the wrong complaint.
[01:54:51.860 --> 01:54:54.860]  I don't know how that's going to take place or how it's even brought up.
[01:54:54.860 --> 01:54:55.860]  I don't know.
[01:54:55.860 --> 01:54:56.860]  The judge, that's what he's going to ask.
[01:54:56.860 --> 01:55:01.860]  And then he's going to ask for, I forget what they call it.
[01:55:01.860 --> 01:55:02.860]  We did it early on.
[01:55:02.860 --> 01:55:05.860]  It was a status report.
[01:55:05.860 --> 01:55:09.860]  So I'm assuming I want that next.
[01:55:09.860 --> 01:55:16.860]  Well, I was just looking today at summary judgment.
[01:55:16.860 --> 01:55:19.860]  And that's what you'd want to ask for is summary judgment.
[01:55:19.860 --> 01:55:27.860]  If they responded or pleaded and failed to respond to certain aspects of it,
[01:55:27.860 --> 01:55:29.860]  I thought they would be barred.
[01:55:29.860 --> 01:55:32.860]  But from my research today, they're not exactly barred.
[01:55:32.860 --> 01:55:36.860]  The judge can give them an opportunity to fix it.
[01:55:36.860 --> 01:55:38.860]  But it's certainly going to black their eye.
[01:55:38.860 --> 01:55:43.860]  And you can ask for sanctions because it increases your burden.
[01:55:43.860 --> 01:55:49.860]  But then again, the judge may, since it's a pro se against the law firm,
[01:55:49.860 --> 01:55:52.860]  he may hold it against the law firm for not doing their job.
[01:55:52.860 --> 01:55:59.860]  So you certainly need to go for summary judgment.
[01:55:59.860 --> 01:56:00.860]  That was the motion.
[01:56:00.860 --> 01:56:06.860]  That was the motion for judicial to do a summary judgment on those points
[01:56:06.860 --> 01:56:08.860]  that they basically missed.
[01:56:08.860 --> 01:56:12.860]  And that's why I'm going to try to scramble to get that in,
[01:56:12.860 --> 01:56:14.860]  judicial notice for that point.
[01:56:14.860 --> 01:56:16.860]  They probably don't need to.
[01:56:16.860 --> 01:56:19.860]  They probably don't realize they screwed that up yet.
[01:56:19.860 --> 01:56:26.860]  The longer, the more time that gets between the time they file that inopportune
[01:56:26.860 --> 01:56:34.860]  response and the time you bring it up, the harder it will be for them to go back.
[01:56:34.860 --> 01:56:39.860]  The judges would say, you guys should have figured this out.
[01:56:39.860 --> 01:56:45.860]  You can't file a faulty motion and then 90 days later come back and say,
[01:56:45.860 --> 01:56:51.860]  oh, we made a mistake because now you've misled the court.
[01:56:51.860 --> 01:56:53.860]  Oh, good point.
[01:56:53.860 --> 01:56:56.860]  And so here's what's probably going to happen.
[01:56:56.860 --> 01:56:59.860]  The judge is going to notice that there is no motion to dismiss
[01:56:59.860 --> 01:57:00.860]  on my third amendment complaint.
[01:57:00.860 --> 01:57:04.860]  He's going to think defense filed an answer to the third amendment complaint
[01:57:04.860 --> 01:57:07.860]  and we're just going to move forward now for discovery.
[01:57:07.860 --> 01:57:10.860]  And then I say nothing.
[01:57:10.860 --> 01:57:15.860]  And later on I bring up that, oh, wait a minute,
[01:57:15.860 --> 01:57:18.860]  they didn't ever even address some of these issues
[01:57:18.860 --> 01:57:21.860]  because they filed the answer to the wrong complaint
[01:57:21.860 --> 01:57:22.860]  and let them scramble down the road.
[01:57:22.860 --> 01:57:23.860]  Hopefully he ignores it.
[01:57:23.860 --> 01:57:26.860]  Hopefully he misses it.
[01:57:26.860 --> 01:57:29.860]  Hopefully they don't realize they screwed up
[01:57:29.860 --> 01:57:37.860]  and get them to continue to adjudicate their issues.
[01:57:37.860 --> 01:57:42.860]  And the more time you put between them, the more damning it will be for them.
[01:57:42.860 --> 01:57:46.860]  They should have caught this.
[01:57:46.860 --> 01:57:48.860]  Oh, that's good.
[01:57:48.860 --> 01:57:55.860]  And you have no duty to help them adjudicate their case.
[01:57:55.860 --> 01:57:58.860]  That's true.
[01:57:58.860 --> 01:58:06.860]  Oh, you could wait until right at the end of the case.
[01:58:06.860 --> 01:58:07.860]  I don't know.
[01:58:07.860 --> 01:58:09.860]  It depends on what's actually missing.
[01:58:09.860 --> 01:58:15.860]  What they missed, do you have to use that?
[01:58:15.860 --> 01:58:21.860]  Or is it something you could wait till the end and then bushwack them with?
[01:58:21.860 --> 01:58:22.860]  I don't know yet.
[01:58:22.860 --> 01:58:25.860]  I mean, there's some similar elements,
[01:58:25.860 --> 01:58:28.860]  but because some of the people were dismissed
[01:58:28.860 --> 01:58:30.860]  and I added them in a different part of the complaint,
[01:58:30.860 --> 01:58:34.860]  there's two that they could, they did answer because I didn't change that,
[01:58:34.860 --> 01:58:37.860]  but the rest of them, they are all...
[01:58:37.860 --> 01:58:39.860]  Okay, hang on.
[01:58:39.860 --> 01:58:42.860]  I'm about to go to our sponsors, Randy Carroll and Brett Fountain.
[01:58:42.860 --> 01:58:45.860]  We have our radio, our caller board is filling up,
[01:58:45.860 --> 01:58:47.860]  so I'm not going to give out the numbers.
[01:58:47.860 --> 01:58:49.860]  We'll be back.
[01:58:49.860 --> 01:58:53.860]  The Bible remains the most popular book in the world,
[01:58:53.860 --> 01:58:57.860]  yet countless readers are frustrated because they struggle to understand it.
[01:58:57.860 --> 01:59:01.860]  Some new translations try to help by simplifying the text,
[01:59:01.860 --> 01:59:06.860]  but in the process can compromise the profound meaning of the Scripture.
[01:59:06.860 --> 01:59:08.860]  Enter the recovery version.
[01:59:08.860 --> 01:59:12.860]  First, this new translation is extremely faithful and accurate,
[01:59:12.860 --> 01:59:17.860]  but the real story is the more than 9,000 explanatory footnotes.
[01:59:17.860 --> 01:59:21.860]  Difficult and profound passages are opened up in a marvelous way,
[01:59:21.860 --> 01:59:24.860]  providing an entrance into the riches of the Word
[01:59:24.860 --> 01:59:27.860]  beyond which you've ever experienced before.
[01:59:27.860 --> 01:59:32.860]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:32.860 --> 01:59:43.860]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:43.860 --> 01:59:47.860]  or by ordering online at freestudybible.com.
[01:59:47.860 --> 01:59:50.860]  That's freestudybible.com.
[01:59:50.860 --> 01:59:53.860]  You are listening to the Logos Radio Network,
[01:59:53.860 --> 02:00:03.860]  logosradionetwork.com.