ROL_2022-02-11_16k_Hr3-4.timecode

[00:00.000 --> 00:05.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.800 --> 00:09.480]  They guarantee the specific freedoms Americans should know and protect.
[00:09.480 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.880]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.880 --> 00:16.980]  your First Amendment rights.
[00:16.980 --> 00:18.580]  Privacy is under attack.
[00:18.580 --> 00:22.180]  When you give up data about yourself, you'll never get it back again.
[00:22.180 --> 00:26.940]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.940 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.720]  Privacy, it's worth hanging on to.
[00:34.720 --> 00:39.000]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.000 --> 00:42.540]  engine alternative to Google, Yahoo, and Bing.
[00:42.540 --> 00:44.640]  Start over with Startpage.
[00:44.640 --> 00:47.840]  Spar, it's what fighters do.
[00:47.840 --> 00:50.880]  It's also how I remember the five guarantees of the First Amendment.
[00:50.880 --> 00:54.560]  If you plan to take away my rights, I'm going to spar with you.
[00:54.560 --> 01:01.560]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:03.080]  and R for religion.
[01:03.080 --> 01:07.080]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.080 --> 01:10.480]  assembly, and religion, but petition for redress is another matter.
[01:10.480 --> 01:14.600]  We have the right to petition the government for a redress of grievances.
[01:14.600 --> 01:18.120]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.120 --> 01:20.800]  the reasons without fear of being thrown into jail.
[01:20.800 --> 01:31.120]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.760 --> 01:38.200]  They guarantee the specific freedoms Americans should know and protect.
[01:38.200 --> 01:39.680]  Our liberty depends on it.
[01:39.680 --> 01:43.600]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.600 --> 01:46.740]  one of your constitutional rights.
[01:46.740 --> 01:48.320]  Privacy is under attack.
[01:48.320 --> 01:51.920]  When you give up data about yourself, you'll never get it back again.
[01:51.920 --> 01:56.680]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.680 --> 02:01.720]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.460]  Privacy, it's worth hanging on to.
[02:04.460 --> 02:08.760]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.760 --> 02:12.280]  engine alternative to Google, Yahoo, and Bing.
[02:12.280 --> 02:15.880]  Start over with StartPage.
[02:15.880 --> 02:20.200]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.280]  of Rights in a big old bear hug.
[02:22.280 --> 02:26.840]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.840 --> 02:30.640]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.640 --> 02:31.640]  Get it?
[02:31.640 --> 02:33.920]  Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:43.280]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.280 --> 02:47.840]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.840 --> 02:50.480]  historically has proved to always be possible.
[02:50.480 --> 02:52.440]  I'm Dr. Catherine Albrecht.
[02:52.440 --> 03:13.960]  More news and information at CatherineAlbrecht.com.
[03:13.960 --> 03:38.440]  Dr. Catherine Albrecht, Dr. Hubert Humphrey.
[03:38.440 --> 03:58.240]  I'm Dr. Catherine Albrecht.
[03:58.240 --> 04:23.360]  Okay, we are back, Randy Kelton, Brett Fountain, Rue La La Radio, and this is, what day is
[04:23.360 --> 04:24.360]  it, Brett?
[04:24.360 --> 04:25.360]  It's Friday.
[04:25.360 --> 04:32.880]  The 11th day of February, 2022, and we have a couple slots open on the caller board.
[04:32.880 --> 04:41.120]  So if you have a question or comment, give us a call, 512-646-1984.
[04:41.120 --> 04:45.240]  And I was talking about how to write documents.
[04:45.240 --> 04:53.960]  And in Microsoft Word, we have a heading in the top menu called references.
[04:53.960 --> 05:00.520]  You click references, and then you go over, and all the way at the end, you've got a section
[05:00.520 --> 05:02.920]  for table of authorities.
[05:02.920 --> 05:10.120]  You click mark citation, go down, highlight the citation, and click on it, and it will
[05:10.120 --> 05:17.560]  pop a box up that you can tell it if it's a statute or if it's a case or a treatise,
[05:17.560 --> 05:19.720]  a bunch of different options.
[05:19.720 --> 05:22.360]  You go down through your document, you do all of that.
[05:22.360 --> 05:29.880]  Then you go up to the top, and you can click and tell it to create a table of citations,
[05:29.880 --> 05:33.120]  and it creates the whole thing for you.
[05:33.120 --> 05:37.480]  With everything hyperlinked, it does a great job.
[05:37.480 --> 05:42.760]  Building a table of authorities is a beast without it.
[05:42.760 --> 05:49.760]  And I've had no other tool that would do that.
[05:49.760 --> 05:54.520]  So that's all I'm going to talk about on how to write legal documents.
[05:54.520 --> 05:59.080]  If you want to know more, you can get my legal 101.
[05:59.080 --> 06:01.840]  It has a whole section on that.
[06:01.840 --> 06:02.840]  Okay.
[06:02.840 --> 06:03.840]  Ralph?
[06:03.840 --> 06:12.720]  Yeah, I have more, but I'll stick to one that's on our topic, okay?
[06:12.720 --> 06:13.720]  Yeah, okay.
[06:13.720 --> 06:17.400]  Right now, we only have two callers, so go ahead.
[06:17.400 --> 06:18.400]  Okay.
[06:18.400 --> 06:20.920]  This is jurisdiction.
[06:20.920 --> 06:24.840]  I think I've got it, but I want a little bit of help if you don't mind.
[06:24.840 --> 06:30.960]  So this is suing, like I said, not a public official, this is suing a private entity under
[06:30.960 --> 06:38.040]  contract, which is what we did this earlier, causes, right?
[06:38.040 --> 06:39.040]  So...
[06:39.040 --> 06:47.080]  Yeah, I have a special way of doing jurisdiction.
[06:47.080 --> 06:55.440]  I pull somebody else's suit and take it off of theirs.
[06:55.440 --> 06:56.880]  I don't dig out all that stuff.
[06:56.880 --> 07:03.600]  It's pretty straightforward, but they all want cases cited in there, so I just go find
[07:03.600 --> 07:07.600]  a really big lawsuit that's in...
[07:07.600 --> 07:15.600]  It doesn't matter, as long as it's in Texas, and just drop theirs in, and if the venue
[07:15.600 --> 07:18.680]  is somewhat different, I just change the venue.
[07:18.680 --> 07:23.560]  I don't spend much time with that, and in Texas, you do not have to plead jurisdiction.
[07:23.560 --> 07:25.560]  It's not necessary.
[07:25.560 --> 07:31.720]  Okay, and if you get it wrong, you have an opportunity because you've told the time,
[07:31.720 --> 07:32.720]  right?
[07:32.720 --> 07:33.720]  It don't mean...
[07:33.720 --> 07:35.440]  If it's in the wrong...
[07:35.440 --> 07:36.440]  Jurisdiction don't mean anything.
[07:36.440 --> 07:41.400]  As long as you have filed in the right jurisdiction, what you put on the document doesn't mean
[07:41.400 --> 07:45.120]  anything.
[07:45.120 --> 07:50.840]  If they claim that you didn't file in the right jurisdiction, you're still filed.
[07:50.840 --> 07:54.640]  You just move to change venue.
[07:54.640 --> 07:58.440]  Well, that's my hangup.
[07:58.440 --> 08:05.040]  This is not in Texas, and I'm already experienced at least a little bit in the federal courts,
[08:05.040 --> 08:10.400]  so I'm trying to keep this or trying to put this in the federal court, and I'm thinking...
[08:10.400 --> 08:20.400]  Oh, yeah, if you have diversity of citizenship or federal issue, just pull down any federal
[08:20.400 --> 08:25.520]  case and pull the jurisdiction section out of it.
[08:25.520 --> 08:32.720]  Every jurisdiction section I've seen in a federal case addressed both diversity and
[08:32.720 --> 08:35.720]  federal question.
[08:35.720 --> 08:40.680]  Okay.
[08:40.680 --> 08:41.680]  You somebody else's...
[08:41.680 --> 08:42.680]  Why...
[08:42.680 --> 08:43.680]  Right, right.
[08:43.680 --> 08:47.960]  All of them use about the same thing.
[08:47.960 --> 08:53.480]  You want the judge to look at it and recognize it and not even bother to have to read it.
[08:53.480 --> 08:58.360]  You're filing against a company that's out of state?
[08:58.360 --> 08:59.360]  Correct.
[08:59.360 --> 09:03.440]  Okay, here's the deal.
[09:03.440 --> 09:12.920]  Where you file at is a company like Wells Fargo has offices in Texas, but Wells Fargo
[09:12.920 --> 09:15.080]  is not in this state.
[09:15.080 --> 09:21.240]  Wells Fargo is in Minnesota, where their main corporate office is.
[09:21.240 --> 09:27.800]  All of these companies will designate a location where their company is.
[09:27.800 --> 09:36.840]  Then, like if you were in Minnesota and you were doing business with a Wells Fargo location
[09:36.840 --> 09:46.480]  in Texas and you wanted to sue, you'd sue in Minnesota.
[09:46.480 --> 09:54.520]  You wouldn't have diversity jurisdiction because the company is the same place you are.
[09:54.520 --> 09:58.360]  They go to a lot of trouble to always want to force you into the federal courts.
[09:58.360 --> 10:01.920]  I've had a lot of trouble with the banks over that.
[10:01.920 --> 10:03.960]  Anyway, okay.
[10:03.960 --> 10:09.960]  I'm not the federal court, but I'm kind of stuck because I'm going to be learning too
[10:09.960 --> 10:11.920]  many different state laws.
[10:11.920 --> 10:12.920]  I can't handle it.
[10:12.920 --> 10:16.160]  That's why you just go get somebody else's suit.
[10:16.160 --> 10:22.600]  You find a suit similar to yours, there's probably 10,000 of them out there.
[10:22.600 --> 10:28.840]  Put up that suit and just take out the stuff that don't apply to you, put in what applies
[10:28.840 --> 10:34.400]  to you, and you get 90% of it done.
[10:34.400 --> 10:35.880]  I don't write all these suits.
[10:35.880 --> 10:36.880]  Heck with that stuff.
[10:36.880 --> 10:39.320]  Some of the lawyers have already done it.
[10:39.320 --> 10:40.320]  Why should I bother?
[10:40.320 --> 10:44.880]  Especially if you can find suits that are winning suits that are pretty much on your
[10:44.880 --> 10:45.880]  issue.
[10:45.880 --> 10:46.880]  Right.
[10:46.880 --> 10:48.360]  That's on my list.
[10:48.360 --> 10:55.960]  I haven't done it yet, but it's on my list, I'm aware of that one.
[10:55.960 --> 10:58.720]  Do you have O'Connor's civil trials?
[10:58.720 --> 11:01.960]  Yes, I do.
[11:01.960 --> 11:10.280]  All the questions you have are right in there.
[11:10.280 --> 11:14.480]  If you want to look for jurisdiction, just go to jurisdiction in O'Connor's.
[11:14.480 --> 11:21.280]  They got a form, and you just put in, pick the paragraph that fits you.
[11:21.280 --> 11:28.800]  Do not write motions and pleadings if you can find a form in O'Connor's.
[11:28.800 --> 11:34.800]  Use O'Connor's forms, and O'Connor's has a federal civil trials.
[11:34.800 --> 11:35.800]  I have it.
[11:35.800 --> 11:36.800]  I have it.
[11:36.800 --> 11:37.800]  It's an older version.
[11:37.800 --> 11:44.000]  It's 2016, but it's O'Connor's federal civil forms, 2016 federal civil trials, 2017
[11:44.000 --> 11:45.000]  civil trials.
[11:45.000 --> 11:50.760]  I pick them up here, there, and everywhere, and sometimes I'm forced to buy new ones.
[11:50.760 --> 11:51.760]  Okay.
[11:51.760 --> 11:57.680]  I can't say this on the air, so everybody else pretend like you don't hear this, but
[11:57.680 --> 12:06.400]  I happen to have a copy of O'Connor's forms on CD that I have taken them and named each
[12:06.400 --> 12:09.000]  one of the forms.
[12:09.000 --> 12:14.040]  If you send me an email, I won't send you that because O'Connor's might get unhappy
[12:14.040 --> 12:20.680]  about it, but it's 2008, so who really cares, but I can get you the forms in electronic
[12:20.680 --> 12:21.680]  format.
[12:21.680 --> 12:22.680]  Wow, that sounds interesting.
[12:22.680 --> 12:23.680]  It's a very good tease, isn't it?
[12:23.680 --> 12:24.680]  Yes, okay.
[12:24.680 --> 12:25.680]  I might take that as a tease.
[12:25.680 --> 12:26.680]  Yes, it is.
[12:26.680 --> 12:38.640]  It is O'Connor's forms in looking at the forms that gave me an idea for the part of the electronic
[12:38.640 --> 12:41.080]  lawyer.
[12:41.080 --> 12:45.680]  If you look in O'Connor's forms, they will have jurisdiction.
[12:45.680 --> 12:54.200]  They will have half a dozen different paragraphs that addresses jurisdiction in different ways
[12:54.200 --> 12:58.800]  and all the different circumstances they've come across, and you pick the one that fits
[12:58.800 --> 12:59.800]  you.
[12:59.800 --> 13:07.280]  What I'm doing is I build a set of questionnaires, and I ask some questions that say the top
[13:07.280 --> 13:12.800]  paragraph, I'll ask questions that a lawyer would ask to determine if you would use that
[13:12.800 --> 13:19.200]  top paragraph, and then the system will get that paragraph and drop it in your document.
[13:19.200 --> 13:25.200]  It will construct the document based on your answers to questions.
[13:25.200 --> 13:29.400]  Just the way O'Connor's forms, you get all of them printed in there, and you have to
[13:29.400 --> 13:34.960]  delete all of them but the one you want, pain in the neck.
[13:34.960 --> 13:42.280]  I'm building a tool to do that, but if you're writing your own documents and you're not
[13:42.280 --> 13:47.960]  just doing intros and outros to stuff you've plagiarized from somebody else, you're not
[13:47.960 --> 13:51.800]  doing enough research.
[13:51.800 --> 13:58.160]  Whatever jurisdiction you're in, you want the local litigation guide.
[13:58.160 --> 14:06.160]  You want that judge to get a motion or pleading that looks just like every motion and pleading
[14:06.160 --> 14:10.360]  of that type that he gets.
[14:10.360 --> 14:15.760]  Friend of mine was being foreclosed on, he was my civil go-to guy, but he didn't know
[14:15.760 --> 14:16.760]  foreclosure.
[14:16.760 --> 14:25.160]  He wrote a motion for a restraining order, sent it to me, and he said, what do you think?
[14:25.160 --> 14:28.400]  I called him back and said, it's a piece of crap, Ken.
[14:28.400 --> 14:29.560]  He said, you think you can do better?
[14:29.560 --> 14:30.920]  Darn right I can.
[14:30.920 --> 14:35.840]  So I sent him one, he filed it, they went in, the lawyer showed up, they didn't expect
[14:35.840 --> 14:41.800]  the other lawyer to show up because generally they don't do that with process, but he did.
[14:41.800 --> 14:44.720]  They always give the young lawyers the process.
[14:44.720 --> 14:51.080]  They went into court, the judge gave him his restraining order, the lawyer came out and
[14:51.080 --> 14:52.080]  said, did you write this?
[14:52.080 --> 14:56.280]  He said, you're a lawyer, and he said, no, his brother is, did you write this?
[14:56.280 --> 14:58.000]  Well, I had some help.
[14:58.000 --> 15:08.000]  He said, that is very good, and Ken told me that, and I didn't tell him right away that
[15:08.000 --> 15:15.440]  I took that right out of O'Connor's forms and filled in the blanks, and I thought about
[15:15.440 --> 15:18.160]  it and thought, what the heck is going on?
[15:18.160 --> 15:20.920]  Why would that lawyer say that?
[15:20.920 --> 15:27.280]  Young lawyer, he gets this motion and he thought, heck, that looks exactly like the ones we
[15:27.280 --> 15:28.280]  file.
[15:28.280 --> 15:35.040]  The judge got it, and he's seen that a hundred times, so he just goes down the bottom, checks
[15:35.040 --> 15:39.400]  the one paragraph that matters, and grants it.
[15:39.400 --> 15:44.760]  You want that judge to not have to read your document.
[15:44.760 --> 15:49.800]  90% of every document is the same.
[15:49.800 --> 15:54.440]  If it's a restraining order, all the requisite stuff, restraining orders, is all the same.
[15:54.440 --> 15:59.920]  You only want to put in what has your particular facts, so the judge doesn't have to waste
[15:59.920 --> 16:05.560]  any time reading it, then he's not even going to notice that you're not a lawyer.
[16:05.560 --> 16:08.560]  He'll just go down and sign it.
[16:08.560 --> 16:10.680]  That's my story, and I'm thick into it.
[16:10.680 --> 16:17.960]  I'm going to have to check on this litigation guide you're talking about that sounds... I'm
[16:17.960 --> 16:23.960]  looking at the book to have a legal guide, but I don't have a litigation.
[16:23.960 --> 16:30.240]  O'Connor's civil trials, that's what you want.
[16:30.240 --> 16:35.880]  O'Connor's of all the litigation guides I've ever seen is by far the best.
[16:35.880 --> 16:40.440]  They've got one for California, Texas, and Fed.
[16:40.440 --> 16:46.200]  They may have put some others in, in the interim, but they definitely have those.
[16:46.200 --> 16:52.960]  Hang on, going to our sponsors, Randy Kelton, Brett Fountain, Rue La Radio.
[16:52.960 --> 17:00.200]  We'll be right back.
[17:00.200 --> 17:04.880]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[17:40.800 --> 17:46.640]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner,
[17:46.640 --> 17:49.480]  or email michaelmears at yahoo.com.
[17:49.480 --> 17:58.520]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:58.520 --> 18:01.840]  collectors next.
[18:01.840 --> 18:04.640]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.640 --> 18:08.440]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[18:08.440 --> 18:12.320]  to have a free society, then we're going to have to stand and defend our own rights.
[18:12.320 --> 18:15.600]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.600 --> 18:19.280]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.280 --> 18:23.480]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.480 --> 18:24.960]  our rights through due process.
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[18:28.840 --> 18:32.600]  most comprehensive teaching tool available that will help you understand what due process
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[18:58.600 --> 19:06.000]  You are listening to the Logos Radio Network, www.logosradionetwork.com.
[19:06.000 --> 19:18.320]  Well don't let nothing get to you, only the father can't deliver you, don't let bad
[19:18.320 --> 19:36.640]  people hurt you, and tell states and get behind you, know what I mean, my friend, Nala Jachos.
[19:36.640 --> 19:42.280]  Okay we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ralph
[19:42.280 --> 19:43.280]  in Texas.
[19:43.280 --> 19:47.840]  Okay Ralph, any more questions for us?
[19:47.840 --> 19:52.560]  I am good, and I did not want to take off without saying thank you.
[19:52.560 --> 19:53.840]  You are welcome.
[19:53.840 --> 19:58.400]  Okay, we're going to drop Ralph like a hot rock.
[19:58.400 --> 20:00.400]  Oops, he's on.
[20:00.400 --> 20:02.400]  See you Ralph.
[20:02.400 --> 20:06.080]  Okay, now we're going to Joel in Ohio.
[20:06.080 --> 20:07.080]  Hello Joel.
[20:07.080 --> 20:08.080]  Hello.
[20:08.080 --> 20:16.200]  Okay, did you find that last stuff in any way interesting or helpful?
[20:16.200 --> 20:24.320]  Everything I listen to helps me with something.
[20:24.320 --> 20:34.360]  You should listen to my wife, she will help you with a lot, she's in bed so I know she
[20:34.360 --> 20:35.360]  didn't hear me say that.
[20:35.360 --> 20:42.320]  I better watch out, she's going to find another bug to swat.
[20:42.320 --> 20:52.280]  Well she got a camera and put it up on a shelf where she could turn it on with her phone,
[20:52.280 --> 20:58.640]  and I told her that's creepy, and she was at work and turned the camera on, a little
[20:58.640 --> 21:05.280]  blue light comes on it when she turns it on, I saw she had turned it on and I mooned her.
[21:05.280 --> 21:16.000]  Well, she was there with somebody else and I mooned them both, that'll teach her to watch
[21:16.000 --> 21:20.120]  me when I don't know she's there.
[21:20.120 --> 21:32.240]  Okay and Joel, do you know what is the primary litigation guide in Ohio?
[21:32.240 --> 21:35.240]  I do not.
[21:35.240 --> 21:42.720]  Call a law firm and tell them that you're homeschooling your kids and you want to do
[21:42.720 --> 21:56.000]  a course in law and ask them what's the primary litigation guide used in Ohio, and they'll
[21:56.000 --> 22:02.680]  tell you what's there, and then ask them if they have any old copies, this is what lawyers
[22:02.680 --> 22:03.680]  do.
[22:03.680 --> 22:08.000]  They just want to cite the latest law.
[22:08.000 --> 22:12.960]  So every time the litigation guide renews, they buy new ones.
[22:12.960 --> 22:24.440]  Now California has one huge volume, it's a bunch of three ring binders, and they constantly
[22:24.440 --> 22:33.000]  upgrade, that one you can't really buy a used litigation guide from because you've only
[22:33.000 --> 22:37.200]  got one set and they change these pages out.
[22:37.200 --> 22:45.440]  But if they have published guides like Texas does, then every time a new volume comes out,
[22:45.440 --> 22:49.120]  which is every two years, they buy the newest ones.
[22:49.120 --> 22:53.400]  But they never get rid of the old ones, they just push them back in the closet somewhere.
[22:53.400 --> 23:01.480]  Eddie Craig called a couple law firms and one of them said he was getting rid of all
[23:01.480 --> 23:04.320]  of his old law books.
[23:04.320 --> 23:11.120]  He rented a 16-foot truck and filled it with law books.
[23:11.120 --> 23:18.040]  He used to go in these law offices and they had these shelves and shelves and shelves
[23:18.040 --> 23:27.240]  of Wes and all the different publishers of cases, and they don't have that anymore, they
[23:27.240 --> 23:28.920]  got rid of all of that.
[23:28.920 --> 23:36.080]  And now they do everything online and the litigation guides, they just pushed them back
[23:36.080 --> 23:38.120]  because they want to use the latest ones.
[23:38.120 --> 23:45.160]  Well, Ralph had one from 2016, 2016, we don't care, we don't care if it's two or three years
[23:45.160 --> 23:51.600]  old and we're not citing the most current case on a given subject, heck, it's all the
[23:51.600 --> 23:54.600]  same, very little of the law ever changes.
[23:54.600 --> 24:01.400]  So I told a woman in Amarillo, she did that and the second law firm she called said, do
[24:01.400 --> 24:04.400]  you have a station wagon or a pickup truck?
[24:04.400 --> 24:09.280]  And she went down and got more stuff than she could use.
[24:09.280 --> 24:15.520]  So try that, see if you can get some old litigation guides or look on eBay.
[24:15.520 --> 24:22.640]  I buy most of my O'Connor's books off eBay, 10, 15 bucks a book.
[24:22.640 --> 24:29.880]  I got one for $8, I don't know how they shipped it for $8.
[24:29.880 --> 24:37.080]  But anyway, that's how you get your litigation guides, do not write your own pleadings, find
[24:37.080 --> 24:46.040]  cases that match what your case is and you'll get 90% of your work already done for you
[24:46.040 --> 24:50.880]  and then just go in and adjust it to your case.
[24:50.880 --> 24:54.680]  What else, Brett?
[24:54.680 --> 24:55.680]  Besides O'Connor's?
[24:55.680 --> 25:00.920]  Yeah, I guess that's enough, that kind of covers it.
[25:00.920 --> 25:06.560]  Okay, what do you have for us today, Joel?
[25:06.560 --> 25:13.000]  Well I had contacted Brett about it to give him a little heads up.
[25:13.000 --> 25:20.800]  I know I can go after him with the typical stuff you guys talk about, but I came across
[25:20.800 --> 25:30.440]  something that I haven't heard anybody discuss and it sounds useful as a tactic to get them
[25:30.440 --> 25:34.160]  to really want to settle with me.
[25:34.160 --> 25:40.560]  And I'm not sure how to use it though because I've never heard anybody explain how you would
[25:40.560 --> 25:45.760]  even apply it because it's IRS related.
[25:45.760 --> 25:53.520]  It's not a fee that they would have to pay me, but if I can prove they did it, they would
[25:53.520 --> 26:01.160]  have to pay the IRS and a single violation is $50,000.
[26:01.160 --> 26:15.040]  Oh, I've heard of, technically that doesn't go to your lawsuit, but I've heard of this
[26:15.040 --> 26:17.520]  before and what I generally do.
[26:17.520 --> 26:30.000]  How can you address this issue in a way that would have relevance to your case?
[26:30.000 --> 26:38.440]  Like they did something where they hid some income and in the process harmed me and they
[26:38.440 --> 26:45.840]  harmed me doing this so that they wouldn't have to pay all of these IRS taxes.
[26:45.840 --> 26:55.040]  I just prepared a motion to try to recover an aircraft and so we're going to file this
[26:55.040 --> 26:58.080]  with the justice of the peace in Corpus Christi.
[26:58.080 --> 27:05.000]  And we're saying this guy stole this aircraft from us and he changed the tail numbers on
[27:05.000 --> 27:11.840]  it which is a federal violation and he changed those tail numbers so we're giving it relevance
[27:11.840 --> 27:16.640]  because we're saying he changed his tail numbers so he could fly the airplane and nobody would
[27:16.640 --> 27:19.120]  know he stole it.
[27:19.120 --> 27:29.400]  The tail numbers were November 8876 Victor and he changed them to November 8867 Victor
[27:29.400 --> 27:32.680]  and we thought he just juxtaposed numbers and that wasn't what it was.
[27:32.680 --> 27:39.560]  He found another Blanca aircraft in North Carolina that had been wrecked and completely
[27:39.560 --> 27:44.920]  destroyed and it had this 67 tail number on it.
[27:44.920 --> 27:51.320]  So we're saying that he changed his tail number to an aircraft that had been destroyed that
[27:51.320 --> 27:56.760]  he knew would never be flying so when he entered a flight plan it wouldn't conflict with one
[27:56.760 --> 27:58.760]  from this airplane.
[27:58.760 --> 28:02.680]  Now that had nothing to do with getting our airplane back.
[28:02.680 --> 28:09.680]  That was warning to the other guy, you tried to object to this and we'll throw you under
[28:09.680 --> 28:14.040]  the federal bus.
[28:14.040 --> 28:21.800]  So the way I would use that if you've got them cheating the tax guy you want to find
[28:21.800 --> 28:31.440]  a way to say they're cheating the tax guy was somehow relevant to them to the tort or
[28:31.440 --> 28:34.760]  cause of action you have against them where you had been harmed.
[28:34.760 --> 28:37.560]  Does that make sense Joel?
[28:37.560 --> 28:51.200]  Yeah and so to try to summarize it, this is a tax exempt hospital okay and not that long
[28:51.200 --> 29:02.280]  ago I believe 2012-2014 the IRS put out new rules for billing and collecting practices
[29:02.280 --> 29:14.920]  for hospitals that are tax exempt status and it says in there how they have to do it and
[29:14.920 --> 29:23.920]  I followed the rules unwittingly at the time and doing my research I came across this and
[29:23.920 --> 29:32.160]  it says in there that there's a 120 day window for me to request financial assistance.
[29:32.160 --> 29:39.480]  Well I had already requested it 30 days from getting their bill and I did it through email
[29:39.480 --> 29:41.480]  so I had it on record.
[29:41.480 --> 29:48.000]  They never replied, they required to reply in the IRS code.
[29:48.000 --> 29:53.680]  Okay hold on, hold on, about to go to our sponsors Randy Kelton, Brett Fountain, Rule
[29:53.680 --> 30:01.320]  of Law Radio, we'll be right back.
[30:01.320 --> 30:05.720]  Everyone knows that walking is a great exercise but you might not know that the way you walk
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[33:24.560 --> 33:38.000]  Okay, we are back. Randy Kelton, Brett Fountain, Wheel of Law Radio, and we're talking to Joel
[33:38.000 --> 33:45.840]  in Ohio. And Joel, have you looked at any of the documents that I have posted on the Telegram site?
[33:45.840 --> 33:56.720]  I looked at some. There's a lot on there. Yeah, just I'm going to speak to form and style.
[33:58.160 --> 34:06.160]  One of the things I like to do, and this goes to mental flow, is when I cite a statute or case,
[34:06.160 --> 34:16.000]  I will put down, he did this in violation of this statute, which reads as follows. And then I copy
[34:16.000 --> 34:25.440]  the statute and I set it in quotes. I shrink it two points in font size. I italics it and shrink
[34:25.440 --> 34:32.000]  the borders in. So it stands out on the document, on the page. Whenever I have a quote, the quote
[34:32.000 --> 34:37.760]  stands out on the page. So if you know what it is, you don't bother to read it. And you know where
[34:37.760 --> 34:44.720]  my prose stops and the quote starts, and then my prose starts again. Well, if I'm referencing a
[34:44.720 --> 34:50.960]  statute, I'll drop that statute in there. And Brett and I were talking about this on the break.
[34:52.960 --> 34:57.920]  You have a statute that they're violating, but you really don't have standing in it. This is
[34:57.920 --> 35:05.040]  standing in it. This is between them and the IRS. But if you claim that this, because they did this
[35:05.040 --> 35:11.040]  wrong, it negatively affected you, then you'll want to cite that statute and stick the statute
[35:11.040 --> 35:18.640]  in there. And when I'm citing a statute, I generally say reads in pertinent part as follows.
[35:18.640 --> 35:24.480]  And I'll only copy the part that's pertinent to what I'm addressing. But if I want to give them
[35:24.480 --> 35:30.160]  fair warning, and there's other stuff in there that looks real ugly, I'll copy that in there,
[35:30.160 --> 35:38.960]  too. So if you take that IRS code and claim that they violated this code and harmed you in the
[35:38.960 --> 35:45.520]  process and dropped the whole code in there, you're not charging them with, you're not filing
[35:45.520 --> 35:56.720]  complaints to the IRS. You're just rattling your saber. They'll know you know and have to consider
[35:56.720 --> 36:01.520]  what if he files it. Is that what you were asking about earlier, about how to use this?
[36:03.520 --> 36:07.680]  Right. I wasn't sure if I should do that or not, or if I could.
[36:08.480 --> 36:14.160]  Oh, absolutely you can. You know, they may say, well, this doesn't affect you at all.
[36:14.160 --> 36:18.240]  Something in your business, you don't have any standing. You say, okay, okay.
[36:21.440 --> 36:24.640]  But they know you know. So now say,
[36:29.040 --> 36:35.200]  there's something actually a lot scarier in there for them. So they violated it once
[36:35.200 --> 36:45.360]  by not recognizing my request, and they send to collections. Once they say, I never reached out
[36:45.360 --> 36:50.800]  to them, and it goes to collections, it also says in there that they have two options. They can sell
[36:50.800 --> 36:56.800]  it to them, or they can have them try to collect on their behalf. If they're collecting it on their
[36:56.800 --> 37:03.680]  behalf, they have to have a contract with that collections company that they're using that
[37:03.680 --> 37:13.840]  if there's an error, that it got sent to them on accident, because of the error, that in that contract
[37:13.840 --> 37:17.920]  with them, they have to be, the hospital has to be able to pull it back to the hospital.
[37:20.080 --> 37:28.080]  I called them and told them about all this, and the collection agency told me that there
[37:28.640 --> 37:32.240]  had not been told to them that they're collecting it on the hospital's behalf.
[37:32.240 --> 37:36.880]  I called the hospital, explained it all to them, and they said, there's nothing we can do. You have
[37:36.880 --> 37:47.840]  to deal with the debt collector. So they violated it with intent at that point by saying.
[37:47.840 --> 38:04.240]  By saying. Ah, okay. You can make this claim for punitive damages, and that will give you foundation
[38:04.240 --> 38:11.280]  for bringing all of this in. They're going to say, that's not even your business. You don't have
[38:11.280 --> 38:17.920]  standing to raise this issue, and you're going to say, yeah, I do have standing to raise this issue,
[38:17.920 --> 38:23.840]  because you use it to defraud me, and I'm petitioning for travel damages.
[38:25.600 --> 38:32.720]  You can also check and see how many other people have you done this to. I need to see some records.
[38:33.520 --> 38:39.520]  Can you please produce some records? They're going to know that you're going to
[38:39.520 --> 38:45.680]  do a class action for myself and all others similarly situated,
[38:47.280 --> 38:50.960]  and you've just quoted that thing like Randy was saying. You've put that in there about
[38:51.600 --> 38:54.560]  you do this multiple times, and you lose your tax exemption.
[38:55.920 --> 39:01.840]  They're going to connect those dots pretty quick. Yeah, you can say, I have reason to believe
[39:01.840 --> 39:11.840]  that I have been subjected to an ongoing criminal enterprise, wherein the defendant has
[39:12.400 --> 39:18.560]  perpetrated multiple predicate acts toward an ongoing criminal conspiracy.
[39:19.680 --> 39:24.400]  You hear that? All of those bells and alarm bells going off.
[39:24.400 --> 39:31.200]  Do you know where I'm going, Joel? I'm pretty sure that, if I word that all correctly,
[39:31.200 --> 39:38.320]  that their boots will be filling with urine. Yes. For those who didn't catch it, that is the
[39:38.320 --> 39:47.280]  description of Rico's claim. Rico's claim doesn't just go to civil, it also goes to criminal.
[39:47.280 --> 39:56.560]  I like to lay plants like that. I never say Rico, but I pull the verbiage from the Rico statutes
[39:58.480 --> 40:04.000]  and drop that in there. If we're going to have a smart lawyer looking... Well, we're going to
[40:04.000 --> 40:10.000]  have someone smart, a non-necessary lawyer. I think smart and lawyer in the same sentence
[40:10.000 --> 40:19.760]  is a contradiction of terms. Anyway, you lay those plants in there. If I tell you I'm going to do
[40:19.760 --> 40:28.480]  something, you might not believe me, but if you think you figure out what I'm going to do,
[40:29.040 --> 40:35.920]  that's going to be compelling. I don't like direct threats. I play chess. I don't like to play.
[40:35.920 --> 40:45.360]  I don't play checkers. Chess is all about indirect threats. Do you play chess, Joel?
[40:46.960 --> 40:57.040]  I do. Somehow, I knew that. Okay. Does that answer your question?
[40:57.040 --> 41:08.480]  I think so. I can almost guarantee that this is a normal practice of theirs, that they're not even
[41:08.480 --> 41:18.880]  realizing violates their faculty exempt status, because they have errors in their policies on their
[41:18.880 --> 41:24.080]  website on how they handle this stuff. It doesn't matter how they handle this stuff. It doesn't
[41:24.080 --> 41:28.560]  on their website on how they handle this stuff. It doesn't match what the IRS code says,
[41:29.600 --> 41:37.040]  and they're clearly not even following it. The lady in the billing department in the hospital
[41:38.000 --> 41:47.200]  didn't even know what their own policy said. Wow. Good. This sounds like you have a good claim
[41:47.200 --> 41:54.480]  against them. Good chance they'll write you a big check just to get you to go away.
[41:54.480 --> 42:01.920]  That's my other conundrum is I don't know how big of a check I need the request from them.
[42:03.040 --> 42:13.280]  Very, very big. Here's the deal. No matter what you ask for, the other side is going to come in
[42:13.280 --> 42:20.640]  and say that is absolutely outrageous. No matter. If you ask for $10, that's outrageous.
[42:21.440 --> 42:26.880]  That's what they're going to do. They're going to argue that's too much. You're going to argue
[42:26.880 --> 42:32.160]  it's not too much, and the jury is going to sit there with their eyes glazing over.
[42:33.680 --> 42:40.960]  At the end of the day, they know it, and you know it. The only number the jury is going to
[42:40.960 --> 42:48.320]  remember is the one you walked in the door with. In their deliberations, they will make their
[42:48.320 --> 42:54.880]  determinations based on the number you walked in the door with. If you have reason to believe that
[42:54.880 --> 43:04.160]  they have done this to other people, you need to ask for enough that will give the hospital cause
[43:04.160 --> 43:12.960]  and send a signal to other hospitals to not be like this clown, don't get in his spot.
[43:14.240 --> 43:25.360]  How much money are they illegally collecting? How much can you project based on a sample
[43:25.360 --> 43:35.360]  statistical mean? Didn't triple that amount. It needs to be a big number. I just sued my county
[43:35.360 --> 43:42.640]  for arresting me and holding me in 26 hours. I sued them for $400 million, and I justified it
[43:42.640 --> 43:47.760]  because they're doing it to everybody else. 25 million people in Texas. How much does that add
[43:47.760 --> 43:56.160]  up to? Hang on, Randy Kelton, Brett Fountain, Rudolph Law Radio, we'll be right back.
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[46:22.160 --> 46:37.200]  Okay, we are back. Randy Kelton. We're at Fountain Rule of Law Radio, and we're talking
[46:37.200 --> 46:41.200]  to Joel in Ohio. Joel, do we have any other questions?
[46:43.440 --> 46:48.320]  One more. And I'm pretty sure what you're going to say is,
[46:48.320 --> 46:54.880]  is if I can prove they violated it, then I need to put it in there. But
[46:56.800 --> 47:02.880]  I can hit them on a bunch of other stuff too with contract law, the Federal Debt
[47:02.880 --> 47:10.000]  Collection Practices Act. I got them documented violating all that stuff on both parties.
[47:12.160 --> 47:16.240]  So I need to put it all in there, right? And not just do the one IRS thing.
[47:16.240 --> 47:22.240]  I had a lawyer tell me once when he read my lawsuit against the sheriff,
[47:23.440 --> 47:29.840]  he said, you threw everything at them, but this pre-kitchen sink. And I said,
[47:29.840 --> 47:36.960]  yeah, I was following the horse dumpling rule. Horse dumplings tend to be a little dry and
[47:36.960 --> 47:46.320]  strawy. But if you throw enough of them up against the wall, odds are one of them is going to stick.
[47:46.320 --> 47:53.760]  So yeah, you have time to build this suit as complex as you want to.
[47:55.280 --> 47:58.800]  They got until the Monday after the 20th day to answer it.
[47:58.800 --> 48:06.800]  Good luck, guys. Throw all you can in there. Everything but the kitchen sink.
[48:08.800 --> 48:16.800]  And it's all about bringing them to the table. They've got to consider all I have to do
[48:16.800 --> 48:24.400]  is lose one of these arguments. And then wind up going to the Court of Appeals and they will
[48:24.400 --> 48:28.800]  wind up going to the Court of Appeals and they will never, ever want to go to the Court of Appeals.
[48:29.840 --> 48:36.880]  They're not ever going to, just this argument, the IRS issue, they are not going to want it to
[48:37.920 --> 48:48.960]  get to the courts. So give them something else they can cop to. Oh, yes, we made a mistake
[48:48.960 --> 48:54.720]  and we billed you incorrectly. We shouldn't have done that. We're sorry. Let's make this deal.
[48:54.720 --> 49:00.240]  Let's make this go away. So they don't have to admit that they violated the IRS issue.
[49:01.120 --> 49:10.320]  Never back a bulldog in a corner unless he's got a way out. So give them a way out. Add as much as
[49:10.320 --> 49:19.520]  you want to in there. Give them a reason. They can cop to the Fair Debt Collections Practices Act or
[49:20.560 --> 49:26.160]  any of the consumer protection laws. Make you a deal and hide this other one.
[49:29.440 --> 49:29.940]  Okay.
[49:32.800 --> 49:34.640]  Okay. Keep us up to speed.
[49:34.640 --> 49:42.720]  They, just like anybody else, I don't think they want the IRS knocking on their door asking
[49:42.720 --> 49:49.120]  a bunch of questions. They're worse than anybody else. They really don't want the IRS after them.
[49:49.120 --> 49:56.400]  The IRS don't care about you. You're chump. You got chump change. These guys got big money.
[49:56.400 --> 50:02.320]  They're low hanging fruit. So yeah, they're not going to want the IRS after them.
[50:07.840 --> 50:09.760]  Okay. Is that it, Joel?
[50:11.600 --> 50:18.800]  Yeah. I mean, I might call back next week if I have any more stuff, but I appreciate it again,
[50:18.800 --> 50:23.280]  you guys. You guys are awesome. And thanks for everything you guys are doing.
[50:23.280 --> 50:30.400]  Okay. Thank you, Joel. Now we're going to go to, looks like a new caller, David.
[50:34.320 --> 50:34.880]  Yes.
[50:34.880 --> 50:35.680]  Hello, David.
[50:37.440 --> 50:38.160]  You can hear me.
[50:38.160 --> 50:40.240]  I'm not sure. Yes, I can hear you.
[50:41.360 --> 50:44.240]  Okay. Hey, Randy. I am on-
[50:44.240 --> 50:46.480]  Are you a first time caller?
[50:47.440 --> 50:48.960]  I am a first time caller. Yes.
[50:48.960 --> 50:53.520]  Good. Okay. And Brett will get you in the computer.
[50:54.800 --> 50:55.440]  Okay. Great.
[50:55.440 --> 50:56.960]  Okay. What state?
[50:58.160 --> 50:59.440]  Okay. I'm in California.
[51:00.640 --> 51:02.960]  Okay. Okay. We're not going to hold that against you.
[51:07.440 --> 51:12.160]  Okay. What do you have for us?
[51:12.160 --> 51:21.440]  Okay. So I'm calling about, I am ready to file multiple lawsuits for the mask violations,
[51:22.480 --> 51:27.040]  not being allowed in public accommodations due to not wearing a mask.
[51:28.240 --> 51:35.920]  Okay. I've sent these parties six rounds of affidavit. So not just the normal first three
[51:36.800 --> 51:41.280]  that Alphonse preaches, which is the, you know, notice of claim and then notice of fault,
[51:41.280 --> 51:47.360]  then notice of default. I've actually gone three steps further with the true bill,
[51:47.360 --> 51:52.080]  true bill one and two and three, kind of a private administrative process kind of thing.
[51:54.560 --> 51:58.160]  They have not, no one has rebutted any of my claims.
[51:59.360 --> 52:02.720]  I have everything on evidence, evidence, video, witnesses.
[52:02.720 --> 52:08.320]  Now, you know, my friend, Ryan Manning from Boston, who filed against Whole Foods.
[52:09.520 --> 52:11.520]  You helped him with his memorandum.
[52:11.520 --> 52:11.920]  Rico?
[52:11.920 --> 52:12.720]  They did a-
[52:12.720 --> 52:13.520]  Yes.
[52:13.520 --> 52:18.080]  They did, yeah, they did a motion to dismiss and you put in this amazing memorandum.
[52:19.040 --> 52:20.080]  Do you remember that?
[52:20.880 --> 52:21.680]  Yes, I do.
[52:22.560 --> 52:28.080]  Okay. Well, Ryan and I are very close. We chat a lot and
[52:28.080 --> 52:34.640]  I was going to copy his loss, his complaint. Now I'm feeling a little like maybe I should
[52:34.640 --> 52:40.400]  do something different because the judge just threw this out. So my question is-
[52:41.360 --> 52:44.560]  Wait, wait, wait, wait. They threw out his suit?
[52:46.000 --> 52:52.480]  The judge, obviously a corrupt judge, threw out every count. And I thought he-
[52:52.480 --> 52:53.040]  Who cares?
[52:53.040 --> 53:02.400]  Okay. Look, who cares? Right? Yeah.
[53:02.400 --> 53:05.200]  Has he filed an appeal?
[53:06.880 --> 53:09.920]  I think he's working on it. He's just, he's overworked.
[53:09.920 --> 53:14.400]  Okay. Did he get the notice of appeal filed?
[53:16.400 --> 53:17.760]  Notice of intent to appeal?
[53:17.760 --> 53:22.080]  I'll remind him to do it if he hasn't done it already. He probably has.
[53:23.440 --> 53:30.800]  Yeah. You have to do that very quickly. And then you've got time. Your only purpose in
[53:30.800 --> 53:35.600]  the trial court is to set the record for appeal. You don't care what the trial court judge does.
[53:37.360 --> 53:37.760]  Okay.
[53:38.400 --> 53:44.480]  And he's got it set up very well. And most of these guys, when they got proceeds,
[53:44.480 --> 53:52.080]  they do not expect the pro se to appeal. Or if they do, they don't expect them to know
[53:52.080 --> 53:57.840]  how to appeal. So you need him to talk to me and I'll give him some
[53:58.560 --> 54:01.120]  pointers on how to prepare his appellate documents.
[54:02.880 --> 54:09.920]  Definitely. Definitely. And my questions, Randy, are just, you know, I'm feeling a little-
[54:09.920 --> 54:17.600]  I'm studying jurisdictionary, but it is a little intimidating filing that first complaint and
[54:17.600 --> 54:20.800]  knowing that it needs to be the strongest worded document.
[54:22.400 --> 54:24.800]  Okay. Have you filed anything yet?
[54:26.560 --> 54:33.040]  Besides the six unrebutted affidavits that, you know, no.
[54:33.040 --> 54:36.240]  Have you filed any criminal complaints against these guys?
[54:36.240 --> 54:44.320]  No, not yet. No, I've been wanting to do that, but I've gone through this process thinking that
[54:45.200 --> 54:46.880]  that essentially is a complaint.
[54:46.880 --> 54:54.800]  Okay. You are not ready to sue on two counts. One, you don't know squat,
[54:56.080 --> 55:04.080]  and the other, they haven't finished screwing up yet. So going after them criminally will
[55:04.080 --> 55:11.520]  settle both of these. Going after them criminally is simple. You don't need a lot of experience.
[55:12.400 --> 55:16.960]  You just make up the complaint and file it, and the jurisdiction is going to screw it up.
[55:19.120 --> 55:26.400]  The best fight to have is the one you picked. We're all used to the government coming and
[55:26.400 --> 55:34.640]  picking a fight with us, and now we have our liberty and our finances at risk. We got skin
[55:34.640 --> 55:40.720]  in the game. Let's go down there and pick a fight with them. Now I went down to the JP in Victoria.
[55:41.840 --> 55:45.680]  Here, I want to file these complaints. He threw them down and walked out.
[55:45.680 --> 55:55.680]  Oh, yeah. This is going to be fun. I get to dial 911. I get to work over the 911 operator. The
[55:56.960 --> 56:02.720]  policeman shows up, and Dr. Joe was there with me. He got to watch me work over the policeman.
[56:02.720 --> 56:16.560]  It was great fun, and you have no risk here. You get to walk them through the system. The JP
[56:16.560 --> 56:23.280]  wouldn't take the complaints, so I filed criminally against him. The chief of police wouldn't give it
[56:24.480 --> 56:29.760]  to some magistrate, so I filed criminal charges against him, and I'm just going to walk them up
[56:29.760 --> 56:37.280]  the ladder, just beat up all of them. There is not anything they can do. They'll do stuff,
[56:37.280 --> 56:42.880]  and they'll screw it up at every step. If you go in and pick one of these stores and pick one of
[56:42.880 --> 56:48.640]  these people and file against them criminally, you're not going to get them indicted. You're
[56:48.640 --> 56:53.840]  not going to get them prosecuted, or you're going to get a lot of really cool experience
[56:53.840 --> 57:01.360]  where you're not the target. You're going to get to see what we call this little chicken dance,
[57:01.360 --> 57:06.400]  where they shift one foot to another, trying to figure out how to handle you,
[57:07.760 --> 57:14.800]  and it will give you the confidence to take these guys on. They do not want you to know
[57:14.800 --> 57:20.640]  how vulnerable they are. When you come in- I feel like I have them up against the road.
[57:20.640 --> 57:24.160]  Go ahead. I'm sorry. I feel like I have them up against the road.
[57:26.960 --> 57:30.880]  It's just a matter of putting together- Alphonse keeps telling me,
[57:31.760 --> 57:39.200]  drop the hammer. File that complaint and summon. I just feel like I'm not fully versed yet. I
[57:39.200 --> 57:43.680]  haven't studied the rules of civil procedure and the rules of evidence in California yet fully,
[57:43.680 --> 57:52.400]  but I'm ready. I put $20 million claims on the men and women who were acting as agents for these
[57:52.400 --> 58:00.480]  corporations. I want to go get my money. Getting the money will be difficult.
[58:02.480 --> 58:09.440]  It's going to be time consuming. The hardest part is getting started, taking that first step.
[58:09.440 --> 58:17.440]  That's why I always suggest that people go down and pick a fight with them. I have Bob in California
[58:18.480 --> 58:23.920]  and he didn't have anything to fight about. I went down to Cedar River side and picked a fight with
[58:23.920 --> 58:29.200]  him. For a while there, he was calling in. He couldn't hardly tell us what he was doing for
[58:29.200 --> 58:37.440]  chuckling and laughing at him. They're screwing up everything. It will give you that sense of
[58:37.440 --> 58:44.160]  empowerment that you need. When you go into the civil court, you need not to be concerned about
[58:44.160 --> 58:51.440]  the judge. The judge gets himself an attitude, just not yourself. Would you like to make more
[58:51.440 --> 58:57.920]  definite progress in your walk with God? Bibles for America is offering a free study Bible and
[58:57.920 --> 59:03.040]  a set of free Christian books that can really help. The New Testament recovery version is one of the
[59:03.040 --> 59:08.560]  most comprehensive study Bibles available today. It's an accurate translation and it contains
[59:08.560 --> 59:13.280]  thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.280 --> 59:18.960]  The free books are a three volume set called Basic Elements of the Christian Life. Chapter by
[59:18.960 --> 59:24.240]  chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.240 --> 59:30.720]  growing in Christ and how to build up the church. To order your free New Testament recovery version
[59:30.720 --> 59:40.400]  and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.400 --> 59:49.040]  That's 888-551-0102 or visit us online at bfa.org.
[59:49.040 --> 01:00:06.400]  The bill of rights contains the first 10 amendments of our constitution. They guarantee
[01:00:06.400 --> 01:00:11.360]  a specific freedoms Americans should know and protect. Our liberty depends on it. I'm Dr.
[01:00:11.360 --> 01:00:15.360]  Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your
[01:00:15.360 --> 01:00:21.520]  constitutional rights. Privacy is under attack. When you give up data about yourself, you'll never
[01:00:21.520 --> 01:00:27.440]  get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.440 --> 01:00:33.600]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:00:33.600 --> 01:00:38.800]  it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[01:00:38.800 --> 01:00:46.160]  the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[01:00:46.160 --> 01:00:51.040]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third
[01:00:51.040 --> 01:00:56.000]  party there. He announces, I'm with the military and I'm sleeping here tonight. That shocking image
[01:00:56.000 --> 01:01:00.800]  of a third party in my parents' bed reminds me what the third amendment was designed to prevent.
[01:01:00.800 --> 01:01:05.520]  It protects us from being forced to share our homes with soldiers, a common demand in the days
[01:01:05.520 --> 01:01:10.480]  of our founding fathers. Third party, third amendment, get it? So if you answer a knock
[01:01:10.480 --> 01:01:15.040]  at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of
[01:01:15.040 --> 01:01:19.920]  Rights and reread the third amendment. I'm Dr. Catherine Albrecht, more news and information
[01:01:19.920 --> 01:01:34.560]  at CatherineAlbrecht.com. The Bill of Rights contains the first 10 amendments of our
[01:01:34.560 --> 01:01:38.960]  constitution. They guarantee the specific freedoms Americans should know and protect.
[01:01:38.960 --> 01:01:43.040]  Our liberty depends on it. I'm Dr. Catherine Albrecht and I'll be right back with an
[01:01:43.040 --> 01:01:46.320]  unforgettable way to remember one of your constitutional rights.
[01:01:46.960 --> 01:01:52.480]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:52.480 --> 01:01:57.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.280 --> 01:02:03.440]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:02:03.440 --> 01:02:08.640]  it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[01:02:08.640 --> 01:02:14.640]  the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[01:02:16.240 --> 01:02:20.720]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of
[01:02:20.720 --> 01:02:25.360]  X-ray goggles. That imagery reminds me that the fourth amendment guarantees Americans
[01:02:25.360 --> 01:02:30.240]  freedom from unreasonable search and seizure. Fourth amendment, four eyes staring at you,
[01:02:30.240 --> 01:02:34.080]  get it? Unfortunately, the government is trampling our fourth amendment rights in
[01:02:34.080 --> 01:02:39.840]  the name of security. Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.840 --> 01:02:43.760]  When government employees demand a peep at your privates without probable cause,
[01:02:43.760 --> 01:02:48.640]  I say it's time to sound the constitutional alarm bells. Join me in asking our representatives
[01:02:48.640 --> 01:02:53.120]  to dust off the bill of rights and use their googly eyes to take a gander at the fourth.
[01:02:53.120 --> 01:03:00.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:03:23.120 --> 01:03:49.840]  Okay, we are back. Randy Kelton, Brett Fountain, Brutal Law Radio, and we're talking to David in,
[01:03:49.840 --> 01:03:56.560]  in where were you David? Northern California. Oh, California. That's right. Okay.
[01:03:57.440 --> 01:03:59.680]  We weren't going to hold that against you. Okay. Now I remember.
[01:04:04.480 --> 01:04:11.200]  Okay. Where were we? Well, you were saying I'm not ready to file a lawsuit, even though I've
[01:04:11.200 --> 01:04:17.440]  sent them six rounds of unrebutted affidavit and put a claim on them for violating multiple laws.
[01:04:17.440 --> 01:04:24.800]  And I've been studying a jurisdiction area and I've been on your telegram chat. You've definitely
[01:04:24.800 --> 01:04:31.840]  replied to me a few times. And the question I have, it sounds like you're telling me to file
[01:04:31.840 --> 01:04:39.040]  criminal complaints first. So I want to clarify that that is what you're saying. And before-
[01:04:39.040 --> 01:04:42.720]  Yeah. Yeah. I'm saying go down to the gym and work out a little bit.
[01:04:42.720 --> 01:04:46.560]  Work out a little bit. They're your gym.
[01:04:49.760 --> 01:04:57.760]  The criminal complaints are a great exercise up front. It's, it's easy. It is one and done.
[01:04:58.800 --> 01:05:02.640]  You're not getting any money out of the deal, but you're going to be able to use this same,
[01:05:02.640 --> 01:05:06.080]  what you do with this criminal complaint, you're going to be able to build your civil
[01:05:06.080 --> 01:05:13.840]  complaint later. Your lawsuit can have like these modules of facts that build up to these
[01:05:13.840 --> 01:05:20.960]  different counts that they're violating. And those facts that are an exercise for you,
[01:05:21.840 --> 01:05:27.920]  like right now you need to distinguish what's civil and what's criminal. And you need to-
[01:05:27.920 --> 01:05:39.360]  Yeah. More than that, you need to build yourself a set of behavioral tools.
[01:05:40.720 --> 01:05:47.280]  You're dealing with some people that are very, very good at manipulating you using their power
[01:05:47.280 --> 01:05:56.240]  and authority. And for the most part, we don't have much experience dealing with that. When a
[01:05:56.240 --> 01:06:00.160]  policeman, well, how many tickets have you had, traffic tickets?
[01:06:02.320 --> 01:06:06.960]  Maybe a couple. And I do remember one scenario going to that administrative court where the
[01:06:06.960 --> 01:06:11.440]  judge told everyone you're all guilty. And I was like, that doesn't seem right, but we all
[01:06:11.440 --> 01:06:16.320]  sucked it up and paid anyways, right? What you need is some experience.
[01:06:17.120 --> 01:06:21.600]  I go to a court and the judge say something like that. I'm going to ask the judge to drag
[01:06:21.600 --> 01:06:28.800]  him off the bench. And I'm going to do it with impunity in the bailiff. I'm sorry. Yeah, the
[01:06:28.800 --> 01:06:37.760]  bailiff. Because I've done this before. These people have a set of methodologies. They know
[01:06:37.760 --> 01:06:42.080]  how to manipulate you. They know how to push your buttons and get you to dance for them.
[01:06:43.280 --> 01:06:50.080]  You need to get immune to that. And the best way to do that isn't coming after them.
[01:06:50.080 --> 01:06:58.240]  You will develop a set of behaviors in a context that's not risky.
[01:06:59.680 --> 01:07:04.000]  You don't want to file that big suit and have them con you into screwing it up.
[01:07:06.400 --> 01:07:16.000]  Go start a couple of fights with them. Last time I was in court was in San Marcos. I asked
[01:07:16.000 --> 01:07:23.120]  to see some records. And they showed me some records. And then I found one missing. And
[01:07:24.160 --> 01:07:29.920]  the clerk gave me a hard time trying to get those records. So I just called 9-1-1.
[01:07:31.920 --> 01:07:40.960]  Asked for a policeman to arrest her. Oh, that was so much fun. And I wound up going upstairs
[01:07:40.960 --> 01:07:46.080]  to the district court and telling the bailiff that my name is Randall Kelton. Instruct the judge
[01:07:46.080 --> 01:07:50.320]  that I have business with the court. He said, may I tell them the nature of the business? No,
[01:07:50.320 --> 01:07:54.880]  you may not. I have business with the court and it's none of your business. Instruct the judge.
[01:07:55.840 --> 01:08:03.360]  And I started to go in the courtroom. He said, you can't go in there. Say what? Is this some
[01:08:03.360 --> 01:08:09.280]  kind of private meeting in there? He said, no, they're having a hearing. You are telling me
[01:08:09.280 --> 01:08:16.480]  I cannot go into a public court? He said, will you give me just a moment? And I said,
[01:08:16.480 --> 01:08:22.400]  sure. He goes inside. He come out. Mr. Kelton, you can go in there and sit and the judge will
[01:08:22.400 --> 01:08:29.520]  see. I'm sorry. This wasn't the one. I actually gave him the complaint. Generally, I tell him,
[01:08:30.720 --> 01:08:36.160]  what I want to jerk around the bailiff, I tell him that I have business. It's not his. But I
[01:08:36.160 --> 01:08:41.360]  have business. It's not his. But I said, give the judge this. I had written up a criminal complaint.
[01:08:41.920 --> 01:08:48.640]  So when the judge finally finished his hearings, halfway through his hearings, he called a recess
[01:08:48.640 --> 01:08:55.040]  and went out for about 15 minutes and then come back. I have no doubt he run a check on who I was.
[01:08:56.320 --> 01:09:02.720]  He come back and I got to watch the judge dance around on his tippy toes, a district judge.
[01:09:02.720 --> 01:09:08.880]  You got to do that. You got to go in there. And, you know, I told him I wanted him to arrest the
[01:09:08.880 --> 01:09:16.320]  clerk because she wouldn't show me some records. I wanted him to issue a warrant under 15.09. Oh,
[01:09:16.320 --> 01:09:23.760]  he was dancing around, tippy toeing. You get to do that once or twice. Then when you come into
[01:09:23.760 --> 01:09:30.720]  the civil court, these guys are not going to push you around. But you have internal responses
[01:09:30.720 --> 01:09:38.240]  programmed into you. And these policemen know just exactly how to come up and push your button and
[01:09:38.240 --> 01:09:46.720]  get you to dance for them. You need to do this in a court that doesn't matter. And you will find out
[01:09:46.720 --> 01:09:55.680]  where your soft spots are. You get those fixed. You need a little, you need more experience for
[01:09:55.680 --> 01:10:03.920]  when you go in. Besides, it's great entertainment. Oh, okay. So where can I find the process for
[01:10:03.920 --> 01:10:12.320]  filing? Do I only want to file state or federal? State. Yeah, you just, you definitely want to do
[01:10:12.320 --> 01:10:23.360]  state here for this. Okay. And the process for criminal is really easy. Look at, go to the
[01:10:23.360 --> 01:10:30.720]  county clerk and to the criminal clerk and ask to see the last 10 cases that were filed in this
[01:10:30.720 --> 01:10:38.400]  court. And they'll get, I generally don't have trouble from clerks, but sometimes I do. And if
[01:10:38.400 --> 01:10:42.880]  I do, I tell them, I'm just doing some research. Tell them you're with the rule of law radio
[01:10:43.680 --> 01:10:51.360]  and you're doing some research on court filings in the county. And they just, they just have to
[01:10:51.360 --> 01:10:56.400]  have a reason. You don't have to give them one, but they don't have to be easy to get along with
[01:10:56.400 --> 01:11:04.160]  either. But if you give them some BS reason, the clerks are generally very helpful. Get to some
[01:11:04.160 --> 01:11:13.280]  filings and look at the complaint documents and craft one that looks just like theirs. You give
[01:11:13.280 --> 01:11:21.760]  that document to a magistrate, you're in California. Yeah. Give them to a magistrate. And when the
[01:11:21.760 --> 01:11:26.560]  magistrate refuses to take it, then you make up a criminal complaint against the magistrate and go
[01:11:26.560 --> 01:11:32.400]  file it with another magistrate or go send it to the chief justice of the California Supreme.
[01:11:34.720 --> 01:11:39.920]  I sent a criminal complaint to the chief justice of the Supreme court in Texas against the governor.
[01:11:39.920 --> 01:11:44.720]  And he didn't issue a warrant. Now I've sued him for $30 million.
[01:11:46.240 --> 01:11:51.840]  Hey, you don't want to do your job, Bubba? We'll see how that works for you. You can do that.
[01:11:54.240 --> 01:12:02.080]  You can sue the governor, but you are above all of them. Go ahead.
[01:12:02.080 --> 01:12:10.240]  But you are above all of them. Go ahead. State criminal complaints are filed at my
[01:12:10.880 --> 01:12:21.440]  county courthouse? Yeah, any magistrate. The city municipal judge, justice of the peace,
[01:12:21.440 --> 01:12:32.000]  a county judge, every judge in California is a magistrate. And you, you're a citizen in a republic.
[01:12:33.040 --> 01:12:40.080]  None of those judges are as high as you are. You can take your complaint straight to the chief justice
[01:12:40.080 --> 01:12:48.640]  of the Supreme. You either act on it or you file against him. You might try that. It'd be great fun.
[01:12:48.640 --> 01:12:56.240]  It'd be great fun. And it would demonstrate to you who you are relative to these public servants.
[01:12:57.840 --> 01:13:00.800]  You need that experience. You need it in your insights.
[01:13:02.240 --> 01:13:05.600]  You need to go in and set up a judge so you can hammer him.
[01:13:08.080 --> 01:13:13.840]  It was so much fun telling that judge that I doubted Mexico and drink too much that cheap
[01:13:13.840 --> 01:13:20.800]  tequila lost my hearing aid. The judge knew I was screwing with him. There wasn't anything he could
[01:13:20.800 --> 01:13:32.640]  do about it. You need to do that a time or two. Okay. Besides you, I find this fun. You're in
[01:13:32.640 --> 01:13:40.000]  Northern California? Correct. Yes. And I'm trying to figure out how to go after our county health
[01:13:40.000 --> 01:13:46.960]  officer because I have records requests from her saying they have no proof that any virus exists.
[01:13:48.080 --> 01:13:53.360]  So I, I, I'm, I'm wanting to file against her. I've sent her six rounds of affidavits
[01:13:54.560 --> 01:13:58.160]  saying everything you're doing is fraud. Here's all the laws you're violating of your oath.
[01:13:58.960 --> 01:14:06.480]  And I want- Okay. Instead of taking on everybody all at once, take, take on the health officer.
[01:14:06.480 --> 01:14:10.240]  She's a public official. They're going to throw everything they can find at you.
[01:14:12.720 --> 01:14:17.360]  Take her on just to get ready for the real deal.
[01:14:18.880 --> 01:14:20.880]  The corporations that denied me service.
[01:14:24.000 --> 01:14:28.880]  Wait a minute. I missed that. The corporation denied you service?
[01:14:28.880 --> 01:14:35.680]  Yeah. Yeah. So what I was saying was the, the, the five cases that I have sent affidavits to
[01:14:36.320 --> 01:14:43.520]  are places that didn't let me in due to not wearing a mask. Very similar to Ryan in Boston.
[01:14:43.520 --> 01:14:54.240]  Yeah. Yeah. But I, what I was saying was my sixth, my sixth defendant is the county health officer
[01:14:54.240 --> 01:15:02.800]  who I have these records requests from that prove that she has no evidence that any virus is causing
[01:15:02.800 --> 01:15:08.960]  any disease or even exists. And she's in vaccines and I want to, I want to go after her now too,
[01:15:08.960 --> 01:15:13.680]  you know, because I, I already have a hundred butted affidavits from her too. She's just,
[01:15:13.680 --> 01:15:17.920]  I have all these people on the ropes and I just want to finish them.
[01:15:17.920 --> 01:15:22.640]  Yeah, I know you want, you want to go after them. You need to be prepared. They're more prepared
[01:15:22.640 --> 01:15:30.480]  than you are. You're dealing, you're dealing with seasoned professionals here. So sue, sue one of
[01:15:30.480 --> 01:15:43.760]  them and let them demonstrate to you all the crap they're going to pull. Just use one of them as a
[01:15:43.760 --> 01:15:52.960]  crash dummy. Okay. So when you sue the other ones, so you sue the other ones, when you sue the second
[01:15:52.960 --> 01:15:58.720]  one, then you're ready. But the time you get through the second one, the third one's going
[01:15:58.720 --> 01:16:05.920]  to be toast. If you sue them all at once, you'll wind up them throwing out everything all together.
[01:16:07.360 --> 01:16:11.360]  So you're saying start with state criminal complaints on just one of them
[01:16:11.360 --> 01:16:15.920]  and, and, and get yourself familiar with, with that process first.
[01:16:16.720 --> 01:16:23.200]  Exactly. Get yourself familiar with dealing with annoyed public officials
[01:16:24.880 --> 01:16:33.280]  and you'll turn it from being frightened and intimidated to entertainment.
[01:16:34.480 --> 01:16:36.320]  Yeah. You're going to start to feel really powerful.
[01:16:36.320 --> 01:16:41.600]  I can't wait. I just, where, where do I find those templates to file those state criminal complaints?
[01:16:41.600 --> 01:16:47.840]  Send me an email, randyatwilloflawradio.com and I will get you some California templates
[01:16:47.840 --> 01:17:07.360]  and talk to Tina on a telegram. Hang on, go into our sponsors. We will be right back.
[01:17:18.400 --> 01:17:24.320]  using federal civil rights statutes. What to do when contacted by phone, mail, or court summons.
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[01:17:28.960 --> 01:17:34.080]  How to turn the financial tables on them and make them pay you to go away. The Michael
[01:17:34.080 --> 01:17:39.600]  Miras proven method is the solution for how to stop debt collectors. Personal consultation
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[01:17:51.600 --> 01:18:00.000]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:18:00.000 --> 01:18:04.880]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so
[01:18:04.880 --> 01:18:09.520]  addicted to the truth now that there's no going back. I need my truth fixed. I'd be lost without
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[01:18:14.400 --> 01:18:19.040]  producer but I'm a bit of a Luddite and I really don't have any money to give because I spent it
[01:18:19.040 --> 01:18:24.800]  all on supplements. How can I help logos? Well, I'm glad you asked. Whenever you order anything
[01:18:24.800 --> 01:18:29.680]  from Amazon, you can help logos. When ordering your supplies or holiday gifts, first thing you
[01:18:29.680 --> 01:18:36.480]  do is clear your cookies. Now, go to logosradio.network.com. Click on the Amazon logo
[01:18:36.480 --> 01:18:42.080]  and bookmark it. Now, when you order anything from Amazon, you use that link and logos gets
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[01:18:48.000 --> 01:18:54.080]  my Amazon Prime? No. I mean, yes. Wow. Giving without doing anything or spending any money.
[01:18:54.080 --> 01:19:12.880]  This is perfect. Thank you so much. We are welcome. Happy holidays, logos. This is the Logos Radio Network.
[01:19:12.880 --> 01:19:27.680]  Oh, come on.
[01:19:42.880 --> 01:19:56.320]  Okay. We are back. Randy Kelton, Brett Fountain, Rue of Love Radio and we're talking to David
[01:19:56.320 --> 01:20:03.600]  in California. Okay, David, a duty to move along. We've got two more first-time callers
[01:20:03.600 --> 01:20:13.600]  and only three segments. Are you ready? Thank you. I'm ready. I will be on your telegram chat
[01:20:13.600 --> 01:20:18.240]  and I will keep you posted. And you said to email you because you're going to send me California
[01:20:18.240 --> 01:20:25.840]  criminal template. Is that right? I'm going to send your email to Ted in California and to Tina.
[01:20:25.840 --> 01:20:34.160]  Okay. Get them in contact with you. They've been doing this and Ted will be a real good
[01:20:34.160 --> 01:20:39.440]  contact for you. They've been after him in criminal court for seven years and he is kicking their
[01:20:39.440 --> 01:20:48.560]  behinds. Okay, great. We'll get you some good resources. Okay. Randy at RueofLoveRadio.com.
[01:20:49.840 --> 01:20:52.800]  Sounds good. Thank you, Randy. I appreciate everything you guys are doing. Thanks, Brett.
[01:20:52.800 --> 01:21:00.880]  You bet. Good night. Okay. Now we're going to go to Stacy
[01:21:03.440 --> 01:21:12.960]  716 Area Code. Hi. How are you? I am wonderful. What state are you in?
[01:21:14.720 --> 01:21:20.000]  I'm in New York State. Okay. What do you have for us today?
[01:21:20.000 --> 01:21:26.080]  Well, you just happened to be talking about setting up a judge so you can hammer him,
[01:21:26.080 --> 01:21:34.640]  I think were your words. And that is my issue. My situation is kind of a Debbie Downer situation
[01:21:34.640 --> 01:21:42.880]  for the night here. And my ex-husband is an attorney and he's a former attorney for Child
[01:21:42.880 --> 01:21:49.120]  Protective Services. And the reason I filed for divorce is because our own children disclosed
[01:21:49.120 --> 01:21:56.960]  abuse. And the same agency that he worked for maintained his investigations and covered him up.
[01:21:57.600 --> 01:22:01.760]  But it wasn't just the problem with that agency, it's the problem with the judiciary too.
[01:22:03.520 --> 01:22:09.840]  And yeah, it's a really bad judge. And he did a lot of really bad things from the bench.
[01:22:11.680 --> 01:22:16.240]  Like he called my children's counselor, Zach Parquet, and told them to ignore any past or
[01:22:16.240 --> 01:22:22.800]  present ongoing abuse. He would hold off the record hearings to the point that I
[01:22:22.800 --> 01:22:31.520]  recorded them myself and transcribed them. And ultimately, you know, I filed affidavits,
[01:22:31.520 --> 01:22:35.920]  you know, telling him to please stop holding hearings off the record. So after I recorded
[01:22:35.920 --> 01:22:42.240]  and transcribed it, I filed for his recusal for depraved indifference for my children's well-being.
[01:22:42.240 --> 01:22:50.560]  Okay. Okay. Hold on. Hold on. Have you filed any judicial conduct complaints against him?
[01:22:52.080 --> 01:22:58.960]  Multiple. And they keep unfounding everything. They say that the judge has powers they can't
[01:22:58.960 --> 01:23:07.360]  care. We don't care. It doesn't matter. If you file a judicial conduct complaint against him
[01:23:07.360 --> 01:23:13.920]  because he parts his hair on the left, they're going to toss it. And it's going to put a mark
[01:23:13.920 --> 01:23:22.080]  on his chart that won't ever go away. And his bond rating will increase. Your ex-husband, the lawyer?
[01:23:24.240 --> 01:23:28.960]  He is low-hanging fruit. Have you bar-grieved him?
[01:23:28.960 --> 01:23:35.600]  My ex-husband. He asked and they ignored it.
[01:23:38.560 --> 01:23:39.040]  That's okay.
[01:23:40.880 --> 01:23:41.920]  Wait. Say that again.
[01:23:42.640 --> 01:23:45.840]  She said, yes, she has, and they've ignored it.
[01:23:46.480 --> 01:23:54.080]  That's okay. That's a good thing. Hold on. You have to understand. That is a good thing.
[01:23:54.080 --> 01:24:01.920]  Okay. The reason that's a good thing is the insurance carrier knows they will ignore your
[01:24:01.920 --> 01:24:09.520]  complaints. So how does the insurance carrier gauge his level of risk? By valid bar grievances?
[01:24:09.520 --> 01:24:15.920]  Heck, you throw them all in the trash. By the numbers. One bar grievance your first year of
[01:24:15.920 --> 01:24:21.040]  practice. They cancel immediately. Two bar grievances any one year of practice. If you've
[01:24:21.040 --> 01:24:28.320]  been practicing 20 years, they cancel. Valid, invalid, they don't care. Three, they'll cancel
[01:24:28.320 --> 01:24:34.400]  your law firm's malpractice insurance. Brett, tell her how much fun that is.
[01:24:35.840 --> 01:24:40.800]  I did have success in getting the attorney for children admonished.
[01:24:43.200 --> 01:24:46.320]  That's incredible. That almost never happens.
[01:24:46.320 --> 01:24:52.960]  I was going to say New York is the one place where I have seen them actually do things.
[01:24:54.080 --> 01:25:02.080]  I was helping someone years ago and it had been almost a year since he had been able to get before
[01:25:02.080 --> 01:25:09.440]  the court and he filed a judicial conduct complaint. The commission landed on this judge like a ton of
[01:25:09.440 --> 01:25:20.560]  bricks, sanctioned him for not properly maintaining his calendar. I was astounded. So New York
[01:25:21.600 --> 01:25:29.920]  tends to police their officials more than any other state I've been to. But lawyers,
[01:25:30.960 --> 01:25:34.640]  you bar grieve your husband is going to double his malpractice insurance.
[01:25:34.640 --> 01:25:40.640]  You give him two, they're going to cancel. If he gets three bar grievances against him,
[01:25:41.200 --> 01:25:50.880]  no law firm in the country will hire him. If they hire him and he takes on a case and he doesn't win
[01:25:50.880 --> 01:25:55.600]  as much for the client as the client expected and the client runs a check on him and he's going to
[01:25:55.600 --> 01:25:59.680]  say, what are you doing to me? This child's got all these bar grievances. No wonder he lost.
[01:25:59.680 --> 01:26:07.680]  It will seriously damage his career. Give him a reason to back off and act like he's supposed to.
[01:26:09.200 --> 01:26:14.560]  The attorney for children used to hire my ex to do independent contract work for him for like a
[01:26:14.560 --> 01:26:20.480]  decade and they hid this at the onset of the case. And I didn't find out until four years in.
[01:26:21.920 --> 01:26:24.720]  So did you file criminal charges against him?
[01:26:24.720 --> 01:26:32.640]  So did you file criminal charges against him? Against who? My ex, the attorney for children or both?
[01:26:34.080 --> 01:26:40.080]  Both and the judge? Not. That's where I'm at and that's what I want to do.
[01:26:41.920 --> 01:26:47.680]  Okay, we can definitely help you with that. We're going to run out of time on this show, but
[01:26:47.680 --> 01:26:55.280]  are you familiar with our telegram sites? I'm pretty sure I can find them.
[01:26:56.640 --> 01:27:03.920]  Okay, send an email to randy at ruleoflawradio.com.
[01:27:05.920 --> 01:27:13.600]  That's randy at rule of law, L-A-W, radio.com.
[01:27:13.600 --> 01:27:22.320]  Okay. And I will get you some documentation. One thing would be good if you got the Juris Dictionary
[01:27:22.880 --> 01:27:29.840]  and it's a $250 course. Go through that course. Juris Dictionary will teach you all the stuff they
[01:27:29.840 --> 01:27:36.080]  don't teach lawyers in law school. How to file motions, how to get them set for hearing, what kind
[01:27:36.080 --> 01:27:44.080]  of motions to file, when and how. When I get someone on this show who's been through
[01:27:44.080 --> 01:27:52.240]  Juris Dictionary, I can tell very quickly. We get to have a whole different conversation at a whole
[01:27:52.240 --> 01:28:02.240]  different level. It's a 24-hour set of CDs. It is absolutely essential. Once you've got that, you've
[01:28:02.240 --> 01:28:11.600]  got all the basics. Then we'll show you some stuff that Dr. Graves doesn't teach. He's a lawyer,
[01:28:12.400 --> 01:28:19.760]  so he still stays within a certain set of bounds. We're not lawyers. We don't stay within those
[01:28:19.760 --> 01:28:26.640]  bounds. We've spent a lot of years figuring out how to beat these guys up. They've spent a lot of
[01:28:26.640 --> 01:28:34.160]  time getting the system set so they can pretty well use it any way they want to. We've spent a
[01:28:34.160 --> 01:28:44.160]  lot of time figuring out how to screw that up for them. There's a lot to tell you, but we won't have
[01:28:44.160 --> 01:28:53.440]  time today to get through all that. Send me an email and then go to our archives. Listen to our
[01:28:53.440 --> 01:29:01.040]  archives. We have about 1,300 of them. Listen to a few of those archives, and you'll begin to get
[01:29:01.040 --> 01:29:10.720]  the idea of how to go after these guys. I'm in Texas. If you walk into just about any courthouse
[01:29:10.720 --> 01:29:18.720]  in Texas and mention my name, everybody gets real excited. We'll show you how to do that.
[01:29:18.720 --> 01:29:25.840]  How to become their worst nightmare. They'll tend to give you what you want to keep you from
[01:29:25.840 --> 01:29:36.640]  beating them up some more. We're about to go to our sponsors. Give me that email. Oh, write up a
[01:29:36.640 --> 01:29:44.080]  timeline of what all has occurred, and we'll help you sort that out. About to go to our sponsors,
[01:29:44.080 --> 01:29:49.280]  Randy Kelton, Brett Fountain, Wheel of Law Radio. I'm not going to give out the call-in numbers.
[01:29:49.280 --> 01:29:55.520]  We've only got two segments left, and we've still got another caller. So hang on.
[01:29:56.800 --> 01:30:02.720]  A top cybersecurity expert has a warning for America. If you build an electrical smart grid,
[01:30:02.720 --> 01:30:08.320]  the hackers will come, and they could cause a catastrophic blackout. I'm Dr. Catherine Albrecht,
[01:30:08.320 --> 01:30:14.240]  back with the shocking details in a moment. Privacy is under attack. When you give up data
[01:30:14.240 --> 01:30:19.200]  about yourself, you'll never get it back again. And once your privacy is gone, you'll find your
[01:30:19.200 --> 01:30:25.280]  freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your
[01:30:25.280 --> 01:30:31.200]  information to yourself. Privacy. It's worth hanging on to. This message is brought to you by
[01:30:31.200 --> 01:30:38.320]  StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:40.320 --> 01:30:45.440]  Governments love power, so it's only natural they'd want to control the power going into your home too
[01:30:45.440 --> 01:30:50.880]  with a smart grid. So they're installing a national network of smart meters to remotely monitor
[01:30:50.880 --> 01:30:56.800]  electric use for efficiency and avoid grid failure. But cybersecurity expert Dr. Albrecht has
[01:30:56.800 --> 01:31:01.200]  said not so fast. If we make the national power grid controllable through the web,
[01:31:01.200 --> 01:31:07.200]  hackers will have a field day. Working remotely, they could tap in and black out the entire nation,
[01:31:07.200 --> 01:31:12.800]  leaving us vulnerable to our enemies. I've long opposed smart meters for privacy and health
[01:31:12.800 --> 01:31:18.080]  reasons. The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:18.080 --> 01:31:27.600]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:27.600 --> 01:31:34.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The
[01:31:34.000 --> 01:31:39.040]  government says that fire brought it down. However, 1,500 architects and engineers concluded
[01:31:39.040 --> 01:31:43.600]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives
[01:31:43.600 --> 01:31:48.160]  and thousands of my fellow force responders are dying. I'm not a conspiracy theorist. I'm a
[01:31:48.160 --> 01:31:52.080]  structural engineer. I'm a New York City correctional officer. I'm an Air Force pilot. I'm a father
[01:31:52.080 --> 01:31:58.160]  who lost his son. We're Americans and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:00.160 --> 01:32:04.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
[01:32:04.000 --> 01:32:07.680]  we live in an us-against-them society. If we, the people, are ever going to have a free society,
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[01:32:12.160 --> 01:32:16.160]  and defend our own rights. Among those rights are the right to travel freely from place to place,
[01:32:16.160 --> 01:32:20.480]  the right to act in our own private capacity, and most importantly, the right to due process of law.
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[01:32:59.360 --> 01:33:08.640]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:59.360 --> 01:34:06.640]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Stacey
[01:34:06.640 --> 01:34:17.200]  in New York. Stacey, timeline, first thing. Whenever you're in a contentious battle like this,
[01:34:18.240 --> 01:34:25.520]  if you're not careful, it stops being about an outcome and starts being about the fight.
[01:34:25.520 --> 01:34:33.680]  So, and when you're in these circumstances, you tend to move from one emotional high point to the
[01:34:33.680 --> 01:34:42.160]  next. And when you tell people about what's going on, it kind of causes you to get your timing all
[01:34:42.160 --> 01:34:52.640]  mixed up. The most important thing you can have is a timeline. Not a statement of facts and not
[01:34:52.640 --> 01:34:57.200]  arguments and support, but on this day, this happened, this day, this happened, this day,
[01:34:57.200 --> 01:35:04.960]  this happened. Just make a set of events from the time this started to the present.
[01:35:07.200 --> 01:35:14.800]  When Brett and I looked at a circumstance, we tend to look for things that you don't know to
[01:35:14.800 --> 01:35:23.040]  pay attention to. You tend to pay attention to what you responded emotionally to, and you move
[01:35:23.040 --> 01:35:29.040]  from one high point to the next. With a timeline, we could look at it and say, wait a minute, wait
[01:35:29.040 --> 01:35:36.720]  a minute, something had to occur in between here, and we start filling these pieces in. In a case
[01:35:36.720 --> 01:35:45.120]  like this, the timeline is the most important tool you can have. It gets everything in order,
[01:35:45.680 --> 01:35:53.680]  and it keeps you focused on how everything comes together. From the timeline, we'll start building
[01:35:53.680 --> 01:36:01.200]  other tools that you can use to help adjudicate your case. So, don't worry about getting everything
[01:36:01.200 --> 01:36:10.160]  in there the first time. Just put down what comes to mind. The main thing is to have it by date,
[01:36:11.360 --> 01:36:16.560]  so you get everything in order, because once you go through it and put a bunch down,
[01:36:17.120 --> 01:36:26.160]  you will find it is very difficult. It takes a serious mental discipline to be able to do this,
[01:36:26.160 --> 01:36:34.080]  because you essentially have to go back and re-experience all of the difficult issues,
[01:36:35.120 --> 01:36:42.640]  and it's hard. It's a struggle. Put a timeline together. Don't worry about whether it's complete
[01:36:42.640 --> 01:36:50.080]  or not, but just give us something to work from, and then call us next week, and I have the timeline
[01:36:50.080 --> 01:36:57.040]  in front of me, then I can start asking you some pretty sophisticated questions, and we can get a
[01:36:57.040 --> 01:37:02.000]  plan sorted out for how to go after them. We talk about filing bar grievances and judicial
[01:37:02.000 --> 01:37:09.440]  conduct complaints, but we really don't do that haphazardly. That's a tool in our arsenal,
[01:37:09.440 --> 01:37:16.880]  a very, very powerful tool in our arsenal, and we try to use them carefully. So, we need to
[01:37:16.880 --> 01:37:22.640]  use them carefully, so we need to have a good understanding of what the whole situation is
[01:37:23.200 --> 01:37:25.840]  before we start using those tools. Does that make sense?
[01:37:27.520 --> 01:37:36.080]  Yep. One question I have, though, because I don't want to not do what you're directing me to do,
[01:37:36.080 --> 01:37:41.840]  but I basically have quite the timeline in my orders to cause for him to recuse,
[01:37:41.840 --> 01:37:48.960]  or do you want this specifically written out as a timeline? No, send what you have. Let me look at
[01:37:48.960 --> 01:37:55.920]  it. Okay. That'll get us a start, and then I'll tell you what I need added to it.
[01:37:57.200 --> 01:38:02.960]  Awesome. Love it. Get that and call us next week. Do you have my email?
[01:38:02.960 --> 01:38:12.800]  I do now. Get that to me. One thing you can do that'll give a good timeline
[01:38:12.800 --> 01:38:18.560]  is look at your court cases and get the docket sheet, a list of everything that's been filed.
[01:38:19.760 --> 01:38:25.840]  Okay. That kind of acts as a timeline. Then we can go in there and add the things that come
[01:38:25.840 --> 01:38:34.320]  in between. Get that and call us back next week. Awesome. Love it. Okay. Thank you very much.
[01:38:36.240 --> 01:38:41.920]  Now we're going to go to someone in Bridgeport, Illinois.
[01:38:43.200 --> 01:38:47.600]  First-time caller, if you're in Bridgeport, talk to us.
[01:38:47.600 --> 01:38:58.640]  Hello, Rampy? There you go. Give me a first name, and I got to state.
[01:39:00.960 --> 01:39:05.120]  Gary in Pennsylvania. Wait, say that again.
[01:39:07.040 --> 01:39:16.640]  Oh, Gary in Pennsylvania. Oh. What are you doing coming up on our board as being in Bridgeport,
[01:39:16.640 --> 01:39:27.760]  Illinois? I don't know. I get around. Oh, okay. All right, Jerry. Go ahead. What do you have for us?
[01:39:28.320 --> 01:39:34.640]  You know, I have this thing from the circuit. I sent it in two or three times, and it kept
[01:39:34.640 --> 01:39:40.960]  sending it back the same problem. I was wondering if you could probably help me out with it.
[01:39:40.960 --> 01:39:49.440]  It says here that the petition for rehearing in banks are set forth in federal appeals
[01:39:52.160 --> 01:40:06.880]  on the 32G, 35D, and 40D, and third circuit, LAR 35.1 and 35.2. Your document does not comply
[01:40:06.880 --> 01:40:12.400]  with the following requirements, and they give me two paragraphs here with some of these
[01:40:12.400 --> 01:40:17.760]  requirements that are roughly about the same number. Okay. Let me tell you about that.
[01:40:18.800 --> 01:40:26.160]  I get that all the time. They send it back, and the clerks in the federal courts
[01:40:27.520 --> 01:40:35.360]  are required to assist process. So don't get frustrated with them. This is generally not
[01:40:35.360 --> 01:40:40.640]  the judges doing this. This is the clerks making sure they're just helping you to get everything
[01:40:40.640 --> 01:40:49.040]  correct. Yeah, poor science. If you call them and talk to them, they are very congenial, very helpful.
[01:40:52.560 --> 01:40:59.280]  But I read all these. I pulled out the rules, like 35, 40. I got them all here. I read them
[01:40:59.280 --> 01:41:06.080]  two or three or 40 second time, and I keep sending it in. But the one thing is that I
[01:41:06.080 --> 01:41:11.360]  started it out the first time with like six paragraphs, and now I've got them down to these
[01:41:11.360 --> 01:41:16.640]  last two paragraphs. So I think they're getting annoyed with me or they're getting tired of me.
[01:41:17.280 --> 01:41:24.880]  So if I just keep sending these in, do you think they'll finally send the case up to the judges?
[01:41:24.880 --> 01:41:32.400]  Well, if you address their issues, the last time I filed a federal case,
[01:41:33.200 --> 01:41:37.440]  it took me six or seven times before they finally took it and filed it.
[01:41:40.880 --> 01:41:46.000]  But it's okay. The judge doesn't know about this. This is just the clerks
[01:41:46.000 --> 01:41:49.040]  making sure you got everything right. These guys are not your enemies.
[01:41:49.040 --> 01:41:54.160]  Oh, no, the clerk is the same one. They keep filing. I tell us the name all the time.
[01:41:54.160 --> 01:41:59.760]  You know what I'm saying? But I was going to pack all these things together,
[01:41:59.760 --> 01:42:08.720]  get as much paperwork that I could find up, write down a whole big baloney full of briefs,
[01:42:09.280 --> 01:42:12.880]  and let them lease through that. You think that would discourage them a little?
[01:42:12.880 --> 01:42:20.000]  Well, it shouldn't be trying to discourage the county clerks. I mean, the federal clerks,
[01:42:21.200 --> 01:42:23.040]  you need to give them what they're asking you for.
[01:42:23.040 --> 01:42:26.960]  Well, ask them enough to where they get tired of me. You know what I'm saying?
[01:42:27.920 --> 01:42:32.240]  They won't get tired of you. They're not going to give that to the judge until it's right.
[01:42:33.520 --> 01:42:35.040]  How about if I go down there?
[01:42:36.320 --> 01:42:39.760]  That will probably be great. But when you go down there,
[01:42:39.760 --> 01:42:45.120]  remember, these clerks are on your side, and they want you to get this right.
[01:42:46.880 --> 01:42:53.120]  To make them look good in front of the judges, the federal clerks are absolutely your ally.
[01:42:55.120 --> 01:43:05.360]  Well, I read all this stuff inside out, upside down, and when I read the rule and it tells you
[01:43:05.360 --> 01:43:14.400]  all the rules, I even file extra motions, like it wanted for extra paper, motions to file extra
[01:43:14.400 --> 01:43:24.240]  lengthy pages. You know, everything I'm interested in. You think that was too much for them? Were
[01:43:24.240 --> 01:43:29.440]  they overwhelmed or something, or what's your opinion? Okay, there are filing limits.
[01:43:29.440 --> 01:43:38.560]  Well, okay, there are filing limits. There's limits on pages, there's limits on how much
[01:43:38.560 --> 01:43:44.640]  you can put in exhibits. Yeah, but they weren't asking for limits. I threw that in there anyway,
[01:43:45.360 --> 01:43:49.680]  just to annoy them or whatever I got to do to get your attention and all that thing.
[01:43:49.680 --> 01:43:55.600]  Well, okay, then what is it they're coming, hold on, we're about to go to our sponsors,
[01:43:55.600 --> 01:44:02.800]  Randy Felt and Brett Fountain. We'll be right back. Through advances in technology, our lives
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[01:46:52.240 --> 01:47:09.280]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:47:09.840 --> 01:47:17.200]  and we're talking to Jerry in Pennsylvania. Jerry, in your last communication with the clerk,
[01:47:17.200 --> 01:47:25.680]  what did they say the issue was? Well, the respondent got down to this,
[01:47:26.400 --> 01:47:31.520]  and it says, after I read all that, the next paragraph down, the middle one says,
[01:47:31.520 --> 01:47:39.200]  any additional documents attached to the petition must be accompanied by a motion to,
[01:47:39.200 --> 01:47:46.320]  and they put this in parentheses this time, I mean highlighted it, you know, motion to file the
[01:47:46.320 --> 01:47:58.080]  exhibit attached to the petition for rehearing to 3rd Circuit LAR 35.2A. Then, on the next
[01:47:58.080 --> 01:48:12.400]  paragraph there, the last one, pursuant to 3rd Circuit LAR miscellaneous 107 and 113. If the
[01:48:12.400 --> 01:48:18.240]  court finds that a party continues not to be compliant with the rules and all this stuff,
[01:48:18.240 --> 01:48:22.080]  they're going to dismiss the case. But they said that two or three times before,
[01:48:23.840 --> 01:48:30.880]  which I never make anyway. Wait a minute, I still don't know what their concern is.
[01:48:32.480 --> 01:48:39.120]  Well, let's take for instance one electronic filing. It says, if you electronic file, you know,
[01:48:39.120 --> 01:48:46.960]  but I got enough time filing paper. Then another one says, you must have a green sheet of paper
[01:48:46.960 --> 01:48:53.680]  in between whatever here, and then you want a white sheet of paper, a red sheet of paper
[01:48:53.680 --> 01:48:58.800]  in between something else, you know, and then they give you a size of the paper and all that
[01:48:58.800 --> 01:49:09.520]  other gap. You must have read all that stuff. Can you send that to me? Let me look at it.
[01:49:11.280 --> 01:49:15.680]  All it is, it's on the top. It's just a United States Court of Appeals,
[01:49:15.680 --> 01:49:21.600]  got the case number, and it's just an order in my name. And then it puts all this,
[01:49:21.600 --> 01:49:33.440]  it's, you know, 323540. I just get them off the internet. I get them off their website, you know.
[01:49:34.800 --> 01:49:42.000]  So, I mean, to me, it sounds like they're just trying to stonewall me, you know. So, but I thought,
[01:49:42.000 --> 01:49:46.480]  well, I got a little extra time. I'll give you a call. Maybe you can enlighten me a little more.
[01:49:46.480 --> 01:49:56.320]  Yeah. Wait a minute. Do you have email? Yeah, AIX. I'm in your database.
[01:49:57.360 --> 01:50:02.560]  Okay. Send me the, can you scan these, Doc? Did you have them electronic?
[01:50:04.080 --> 01:50:11.120]  Can you forward them to me? Yeah, you just need the order. You don't need all this, the rule.
[01:50:11.120 --> 01:50:16.800]  Well, they're trying to get you to, yeah, just send me what they're asking you to do.
[01:50:18.000 --> 01:50:24.320]  Right. Send that to me. You can clarify it here on the radio, you know.
[01:50:25.440 --> 01:50:29.520]  Yeah. Send it to me. Let me look at it and then call in next week.
[01:50:31.040 --> 01:50:35.600]  Oh, okay. I'll do that. Okay. Thank you, Jerry.
[01:50:35.600 --> 01:50:40.400]  One more thing. Could I ask you on this declaratory judgment?
[01:50:41.840 --> 01:50:49.520]  You sent that whole brief in and then mine is asking for money and then you wait for
[01:50:50.160 --> 01:50:55.600]  them to send it back. Then what do you do? Wait, wait, wait, wait, wait, wait. Hold on. Hold on.
[01:50:56.320 --> 01:50:59.760]  You said declaratory judgment and asking for money?
[01:50:59.760 --> 01:51:04.720]  Yeah. You sent them right up your brief for declaratory judgment when you do a lawsuit,
[01:51:05.360 --> 01:51:08.720]  but don't ask for money. When is the time that you ask for the money?
[01:51:10.720 --> 01:51:17.520]  Once you get your declaratory judgment ruled in your favor, then you file and ask for the money.
[01:51:17.520 --> 01:51:23.120]  Then it's res judicata. Okay. You don't have to file it. You take
[01:51:23.120 --> 01:51:30.320]  all the documents and send them back in again, but add the sheet for relief.
[01:51:31.600 --> 01:51:35.280]  Right. This time you're not asking for declaratory judgment. You already got that.
[01:51:35.840 --> 01:51:39.120]  Now you're asking for money.
[01:51:39.120 --> 01:51:44.080]  The money. Oh, okay. I'll do it that way. Okay, Randy.
[01:51:44.080 --> 01:51:44.800]  Okay. Thanks.
[01:51:44.800 --> 01:51:54.560]  Thank you. Okay. Now we're going to go to Shane in New York. Hello, Shane. What do you have for us
[01:51:54.560 --> 01:52:02.080]  today? I'm going to make it short and to the point. I filed a small claims issue about three
[01:52:02.080 --> 01:52:07.680]  years ago against two officers operating outside their scope of office. I just got my order
[01:52:07.680 --> 01:52:17.200]  yesterday. They dismissed it at small claims. The appellate court at the county court basically
[01:52:17.200 --> 01:52:25.440]  dismissed it because they said I failed to pay the filing fee, which is crazy because they accepted
[01:52:25.440 --> 01:52:29.840]  the appeal and I filed it. Apparently you're supposed to pay the filing fee to lower court.
[01:52:29.840 --> 01:52:35.680]  I think it's like $5 and I filed it to the county clerk's office and they never sent me a default
[01:52:35.680 --> 01:52:38.800]  letter, notice the cure, nothing. They just accepted it.
[01:52:38.800 --> 01:52:43.920]  Wait, wait a minute. Wait, wait, wait. Have you been declared indigent?
[01:52:47.120 --> 01:52:51.120]  Didn't you get an inability to pay in the bankruptcy court?
[01:52:52.640 --> 01:52:59.200]  Yes, you're right. And also the New York state. I forgot about that. Yes, I was.
[01:52:59.200 --> 01:53:07.680]  You don't owe them anything. File an appeal, notice them that you already have a declaration
[01:53:07.680 --> 01:53:16.560]  of inability to pay. They can't charge you. Brilliant. Okay. All right. Yeah, that's true.
[01:53:16.560 --> 01:53:22.880]  When they don't have anything else, they try to get you on procedure.
[01:53:22.880 --> 01:53:29.280]  Yes. And that's the thing. The court said that the court lacks jurisdiction because the filing
[01:53:30.240 --> 01:53:35.520]  was not properly filed. And they also said there was no evidence to support my claim that they
[01:53:35.520 --> 01:53:41.200]  operated outside their scope of office to make them personally liable, which is absolutely insane.
[01:53:42.320 --> 01:53:48.080]  They never even let me the brief. And this is in small claims?
[01:53:48.080 --> 01:53:59.280]  Yes, for what I did. Okay. This is simple enough. When you appeal out of a small claims court,
[01:54:00.480 --> 01:54:07.040]  a small claims court is an inferior court. And an appeal out of an inferior court
[01:54:07.600 --> 01:54:13.680]  appeals to the county court trial de novo. Start all over again.
[01:54:13.680 --> 01:54:19.520]  And you know what an amazing thing is, they also use one more excuse. I'm going to tell you this.
[01:54:19.520 --> 01:54:25.840]  One more thing that will be done is they said, I failed to stipulate to the record before I filed
[01:54:25.840 --> 01:54:31.120]  my brief. I failed to stipulate, which there is no requirement from small claims to the county
[01:54:31.120 --> 01:54:37.440]  court. There's no requirements to stipulate to the record. There's nothing. Wait a minute. Who said
[01:54:37.440 --> 01:54:46.000]  that? The judge, Judge Egan from Buffalo, New York. Oh, you really need to hammer him.
[01:54:47.680 --> 01:54:54.720]  It's a girl. This is a court of her. This is a court of no record. She's reading the appellate
[01:54:54.720 --> 01:55:03.280]  rules for an appeal from a superior court and is applying it to an inferior court.
[01:55:03.280 --> 01:55:10.160]  Right. So I have this notice to appeal all written up, the affidavit of the service.
[01:55:11.600 --> 01:55:18.000]  Do you think I should do a rehearing on it too? You have 30 days to do it.
[01:55:20.800 --> 01:55:21.600]  I'm thinking.
[01:55:23.600 --> 01:55:27.280]  To point out her mistakes in her order, because her order is so one-sided, it's incredible.
[01:55:27.280 --> 01:55:35.920]  A petition for writ of mandamus or no, that's a final appeal.
[01:55:37.440 --> 01:55:43.360]  Well, you have 30 days to file a rehearing based on stuff that the court failed to recognize or
[01:55:43.360 --> 01:55:54.880]  misapplied it. It depends on what you want to do. Yes. If you want this adjudicated,
[01:55:54.880 --> 01:55:59.920]  this judge is obviously not the sharpest knife in the door. You might want to move it to the
[01:55:59.920 --> 01:56:06.800]  county court. Now I'm getting confused. You file small claims and she's county court?
[01:56:08.000 --> 01:56:12.880]  Yeah. Small claims, I'm appealing it and she was the one that was assigned to it.
[01:56:14.240 --> 01:56:17.440]  Wait a minute. You appealed out of small claims?
[01:56:17.440 --> 01:56:18.480]  Oh, appealed.
[01:56:18.480 --> 01:56:19.040]  Yes.
[01:56:19.040 --> 01:56:25.840]  I appealed it. Okay. So now you're in the county court. Now you're in a court of record.
[01:56:25.840 --> 01:56:26.640]  Yes.
[01:56:26.640 --> 01:56:29.600]  Yes. Absolutely. Ask for a rehearing.
[01:56:31.040 --> 01:56:32.240]  A rehearing. Okay.
[01:56:32.240 --> 01:56:34.000]  Yeah. And show-
[01:56:34.000 --> 01:56:35.040]  And we have-
[01:56:35.040 --> 01:56:43.200]  Or reconsideration and show how she failed to apply the law to the facts and how you maintain
[01:56:43.200 --> 01:56:51.040]  and show how she failed to apply the law to the facts and how you maintain she should apply the law.
[01:56:53.760 --> 01:56:58.560]  Do you have a requirement in New York for the judge to produce findings,
[01:56:58.560 --> 01:57:00.480]  effect and conclusions of law?
[01:57:00.480 --> 01:57:01.760]  Yes. Yes.
[01:57:02.880 --> 01:57:04.000]  Have you requested it?
[01:57:05.760 --> 01:57:09.920]  Yes. I put it in the brief and in fact she did. It was a six page order.
[01:57:09.920 --> 01:57:17.760]  Oh, did she- did you read the order? Did she properly apply the law to the facts?
[01:57:18.960 --> 01:57:20.000]  No, she twisted them.
[01:57:22.160 --> 01:57:29.120]  Okay. Then write your own brief and file a motion for reconsideration.
[01:57:30.720 --> 01:57:31.220]  Okay.
[01:57:31.220 --> 01:57:39.860]  And that'll stop everything and then you'll be set- you'll have the record set for appeal.
[01:57:41.140 --> 01:57:45.060]  And the reason why the lower court dismissed my small claims, they said you can't have two
[01:57:45.060 --> 01:57:49.860]  actions going on at the same time. And I said that's wrong because these are not two actions
[01:57:49.860 --> 01:57:54.420]  going on at the same time. I sued the towns and villages and the police I'm suing in their
[01:57:54.420 --> 01:57:59.860]  private capacity in small claims as individuals because they arrested me with no authority.
[01:57:59.860 --> 01:58:01.940]  Okay. I heard music, Randy.
[01:58:03.620 --> 01:58:09.940]  Okay. We are out of time. Thank you for calling. Thank everybody for listening.
[01:58:09.940 --> 01:58:17.300]  We'll be back next week at eight o'clock central Thursday for a two hour show,
[01:58:18.260 --> 01:58:25.460]  Friday for our four hour info marathon. And I have to tell you, I appreciate all you.
[01:58:25.460 --> 01:58:34.900]  We've really been getting good callers lately. Yeah. And we've had some really good shows.
[01:58:34.900 --> 01:58:40.660]  We're getting really sophisticated questions. So thank all of you for making this show
[01:58:41.460 --> 01:58:47.780]  what it is. And we all hope to talk to you all next week. Thank you and good night.
[01:58:47.780 --> 01:58:53.620]  Okay. Bibles for America is offering absolutely free.
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