ROL_2022-01-21_16k_Hr1-2.timecode

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