ROL_2022-05-27_16k_Hr1-2.timecode
[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000] Our liberty depends on it.
[00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500] Privacy is under attack.
[00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500] Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000] This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500] Start over with Startpage.
[00:45.500 --> 00:47.500] Spar, it's what fighters do.
[00:47.500 --> 00:51.000] It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500] Spar with an extra P.
[00:56.500 --> 01:03.000] S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500] But petition for redress is another matter.
[01:10.500 --> 01:14.500] We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500] It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500] The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500] Our liberty depends on it.
[01:39.500 --> 01:43.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000] to remember one of your constitutional rights.
[01:46.000 --> 01:48.000] Privacy is under attack.
[01:48.000 --> 01:51.500] When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.500 --> 01:58.000] So protect your rights.
[01:58.000 --> 02:01.500] Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000] Privacy, it's worth hanging on to.
[02:04.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500] Start over with StartPage.
[02:15.500 --> 02:19.500] When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000] around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000] It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000] arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.500] Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:37.500] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500] when he said,
[02:38.500 --> 02:43.500] The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500] one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:51.000] but which historically has proved to always be possible.
[02:51.000 --> 03:14.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.500 --> 03:27.500] What are you going to do?
[03:27.500 --> 03:30.500] Bad boys, bad boys, what are you going to do?
[03:30.500 --> 03:33.000] What are you going to do when they come for you?
[03:33.000 --> 03:36.000] Bad boys, bad boys, what are you going to do?
[03:36.000 --> 03:38.500] What are you going to do when they come for you?
[03:38.500 --> 03:41.500] When you were eight and you had bad traits,
[03:41.500 --> 03:44.000] you'd go to school and learn the golden rules.
[03:44.000 --> 03:47.000] So why are you acting like a bloody fool?
[03:47.000 --> 03:49.500] If you get caught in your master coup,
[03:49.500 --> 03:52.000] bad boys, bad boys, what are you going to do?
[03:52.000 --> 03:55.000] What are you going to do when they come for you?
[03:55.000 --> 03:58.000] Bad boys, bad boys, what are you going to do?
[03:58.000 --> 04:00.500] What are you going to do when they come for you?
[04:00.500 --> 04:03.000] You chuck it on that one, you chuck it on this one,
[04:03.000 --> 04:06.000] you chuck it on your mother and you chuck it on your father,
[04:06.000 --> 04:09.000] you chuck it on your brother and you chuck it on your sister,
[04:09.000 --> 04:11.500] you chuck it on that one and you chuck it on me.
[04:11.500 --> 04:14.500] Bad boys, bad boys, what are you going to do?
[04:14.500 --> 04:17.500] What are you going to do when they come for you?
[04:47.500 --> 04:49.660] Whatcha gonna do when they come for you?
[04:49.980 --> 04:51.460] BAD BOYS BAD BOYS
[04:51.560 --> 04:52.920] Ah watcha gonna do?
[04:52.900 --> 04:55.420] Whatcha gonna do when they come for you?
[04:55.400 --> 04:56.920] BAD BOYS BAD BOYS
[04:57.040 --> 04:58.340] Whatcha gonna do?
[04:58.500 --> 05:00.900] Whatcha gonna do when they come for you?
[05:00.920 --> 05:02.520] BAD BOYS BAD BOYS
[05:02.540 --> 05:04.040] Ah watcha gonna do?
[05:04.040 --> 05:07.040] What you gonna do when they come for you?
[05:28.040 --> 05:30.040] Why did you have to ask so many?
[05:31.040 --> 05:33.040] Don't you know you're a human being?
[05:33.040 --> 05:36.040] Born of a mother with a lover with a father
[05:36.040 --> 05:39.040] Reflect some ghosts, reflect some ghosts
[05:39.040 --> 05:41.040] I know sometimes
[05:43.040 --> 05:46.040] Howdy, howdy, Landy Kelton, Brett Fountain, Voodoo Law Radio
[05:46.040 --> 05:52.040] on this, the 27th day of May, 2022
[05:53.040 --> 05:55.040] Did it get that right, Brett?
[05:56.040 --> 05:58.040] Would you believe 2023?
[05:59.040 --> 06:00.040] No
[06:00.040 --> 06:01.040] Oh, okay
[06:01.040 --> 06:03.040] Well then, 2022's good
[06:03.040 --> 06:07.040] Okay, he didn't remind me this time
[06:09.040 --> 06:11.040] Well, you know how time flies
[06:11.040 --> 06:13.040] Let's see if I can slip a year ahead of you
[06:13.040 --> 06:17.040] I keep telling him that I've been taking these stem cells and I'm getting younger
[06:17.040 --> 06:21.040] and he keeps telling me I'm just regressing
[06:22.040 --> 06:24.040] Oh well, in any case
[06:24.040 --> 06:26.040] But your skin looks great
[06:26.040 --> 06:28.040] I don't want to talk about it
[06:28.040 --> 06:34.040] Okay, I have my e-book up in front of me
[06:34.040 --> 06:39.040] and I really need to dictate some chapters out of it
[06:39.040 --> 06:49.040] so that we can build some videos or audios that people can listen to
[06:49.040 --> 06:51.040] and kind of come up to speed
[06:51.040 --> 07:02.040] What I find is that I spend a lot of time addressing some really basic misconceptions
[07:02.040 --> 07:07.040] about law and the legal system and the way things actually work
[07:07.040 --> 07:17.040] and it's hard to communicate this different mindset in bits and pieces
[07:17.040 --> 07:28.040] So what I'd like to do, probably mostly Fridays, for the next few weeks or months, whatever it takes
[07:28.040 --> 07:37.040] is spend the first two segments addressing some of the issues in the e-book
[07:37.040 --> 07:49.040] The e-book is mostly about the basics of how to think about how the legal system really works
[07:49.040 --> 07:57.040] as opposed to how we think it should work or believe it does work
[07:57.040 --> 08:01.040] For the most part it does not work, think it does
[08:01.040 --> 08:11.040] Nothing is as it appears on the surface, it's certainly not what we were taught in high school
[08:11.040 --> 08:17.040] Although what we were taught in high school is really nice and it sounds great
[08:17.040 --> 08:23.040] It's just that law is administered by human beings
[08:23.040 --> 08:32.040] And if God made man, he made us horribly flawed
[08:32.040 --> 08:37.040] And I would suspect that if God did make man, he did that on purpose
[08:37.040 --> 08:42.040] If we were perfect, what would be the point?
[08:42.040 --> 08:56.040] The Indians, mostly the first civilizations, considered their purpose here on the planet was to grow in the spirit
[08:56.040 --> 09:04.040] And the only way to grow in the spirit was by making decisions that had power in them
[09:04.040 --> 09:11.040] And the only decisions that had power in them were the difficult ones
[09:11.040 --> 09:18.040] So it is my opinion that we were designed for difficulty
[09:18.040 --> 09:26.040] I hear people saying that, oh, the sky is falling in and everything is going to crash tomorrow
[09:26.040 --> 09:31.040] and it's doom and doom and oh, it's horrible where the country is going
[09:31.040 --> 09:38.040] Well, if you're 20 or something, that probably has a really profound effect on you
[09:38.040 --> 09:50.040] But by the time you turn 40 and 50 and 60 and 70, you've been hearing that for 70 years
[09:50.040 --> 09:57.040] Same thing, oh, tomorrow we're all going to die so eat, drink and be merry
[09:57.040 --> 10:01.040] The world is caving in around us, it's not caving in around us
[10:01.040 --> 10:05.040] Well, they put new acronyms on it from time to time
[10:05.040 --> 10:08.040] That's different kinds of things you're supposed to get scared of, right?
[10:08.040 --> 10:16.040] Exactly, and it's just the nature of human beings
[10:16.040 --> 10:20.040] Human beings are not like tigers
[10:20.040 --> 10:29.040] Tigers are solitary hunters, they're very concerned about their liberty and their privacy
[10:29.040 --> 10:35.040] A tiger will raise their young for two years and kick them out
[10:35.040 --> 10:45.040] If the offspring then strays into the parents' hunting ground, the parent will let the offspring
[10:45.040 --> 10:49.040] They're very solitary hunters
[10:49.040 --> 10:56.040] Humans herd, we gather together in groups, it is in our nature
[10:56.040 --> 11:05.040] And those groups tend to always have alpha males or alpha females and betas
[11:05.040 --> 11:10.040] And the betas tend always to envy the alphas
[11:10.040 --> 11:15.040] And the betas want to become the alphas, which they certainly can
[11:15.040 --> 11:20.040] There is always this tension among the group
[11:20.040 --> 11:26.040] We're not cows, they're herbivores and they're pretty sedate
[11:26.040 --> 11:33.040] We're hunter killers, it's in our nature
[11:33.040 --> 11:40.040] So when we're in our group, we're still hunter killers
[11:40.040 --> 11:49.040] And what creature of all is better at killing each other than humans?
[11:49.040 --> 11:54.040] It's what we do, we fight with each other all the time, it's nature
[11:54.040 --> 12:02.040] So to think that this is going to go away sometime and we're going to have some utopian culture, good luck with that
[12:02.040 --> 12:07.040] Hasn't happened yet, don't see it ever happening
[12:07.040 --> 12:14.040] Life was made for enterprise, not for ease
[12:14.040 --> 12:19.040] Sometimes I think that's what this fear stuff is about, is enterprise
[12:19.040 --> 12:25.040] I think people are capitalizing on what they think other people would be scared of
[12:25.040 --> 12:32.040] And if it gets to be a popular thing that's talked about, well then they can crank up prices on this or that
[12:32.040 --> 12:35.040] It's more money in their pocket
[12:35.040 --> 12:40.040] It's what we do, we crawl over one another all the time, we're always trying to
[12:40.040 --> 12:44.040] Everybody wants to be at the top of the food chain
[12:44.040 --> 12:52.040] And so we're always fighting with each other, human beings are always fighting with each other and they always will be
[12:52.040 --> 12:58.040] That's not going to stop because it's in our genes, so just accept it and deal with it
[12:58.040 --> 13:03.040] Let's handle this part of our nature as best we can
[13:03.040 --> 13:12.040] The reason I say that is I have a problem with demonizing one or another member of this group
[13:12.040 --> 13:19.040] We like to demonize the police and demonize public officials and demonize bankers
[13:19.040 --> 13:28.040] Demonize anyone who does something that we don't consider to be in our immediate best interest
[13:28.040 --> 13:33.040] It's what we do as human beings
[13:33.040 --> 13:36.040] It's not always a good idea
[13:36.040 --> 13:44.040] I strive toward somewhat more in the way of civility
[13:44.040 --> 13:50.040] I want us all to find a way to locate the ground
[13:50.040 --> 13:58.040] It took me getting a lot older to understand the way things really work
[13:58.040 --> 14:08.040] And once I understand it, the key ingredient to making things work well is civility
[14:08.040 --> 14:18.040] Brett knows I'm not particularly religious, but I do think the Bible to be a book of cultural wisdom
[14:18.040 --> 14:24.040] And one of the wisest things I find in there is judge not that you be not judged
[14:24.040 --> 14:28.040] For by that judgment which ye judge so shall ye be judged
[14:28.040 --> 14:37.040] Thou hypocrite, how considerth thou the moat that is in thy brother's eye and considereth not the beam from thine own eye
[14:37.040 --> 14:47.040] First cast out the beam from thine own eye that thou may see clearly to cast out the moat from thy brother's eye
[14:47.040 --> 14:50.040] That's one of the wisest things I've seen in there
[14:50.040 --> 14:55.040] And as I get older that gets more important
[14:55.040 --> 14:59.040] We need to stop judging all these public officials
[14:59.040 --> 15:03.040] I'm not saying we need to stop beating them up and pushing them around
[15:03.040 --> 15:08.040] But stop passing judgment on it because when you pass judgment
[15:08.040 --> 15:19.040] Then it shifts you into a gear that tends to cause you to make really bad decisions
[15:19.040 --> 15:24.040] In the early days of the Christian system, they were similar to the Muslims
[15:24.040 --> 15:31.040] If you weren't a believer, then you were an infidel
[15:31.040 --> 15:36.040] What did the Christians call them? They didn't call them infidels
[15:36.040 --> 15:38.040] What was the word for it?
[15:38.040 --> 15:42.040] Are you thinking about the Catholics and the Crusades?
[15:42.040 --> 15:49.040] Yeah, anyone who was a Catholic, the Muslims called them infidels
[15:49.040 --> 15:51.040] Oh, you lost the word for it
[15:51.040 --> 15:53.040] I don't know, heretics?
[15:53.040 --> 15:55.040] No
[15:55.040 --> 15:57.040] Anyway, it'll come to me in a minute
[15:57.040 --> 16:10.040] The reason the Bible came about is because the Christians were gaining power in Rome in 363 AD
[16:10.040 --> 16:12.040] I think 363 is right
[16:12.040 --> 16:15.040] Are you saying that's how the Bible came about?
[16:15.040 --> 16:18.040] Yeah, the Council of Nicaea
[16:18.040 --> 16:24.040] No, no, no, that was just part of what the Catholic institution was doing
[16:24.040 --> 16:28.040] The Catholicists at the Council of Nicaea put together it
[16:28.040 --> 16:31.040] They didn't come up with the Bible?
[16:31.040 --> 16:35.040] That had been built and developed for a lot longer than that
[16:35.040 --> 16:41.040] Yeah, well, the Bible was made up of writings of the prophets
[16:41.040 --> 16:44.040] And prophet didn't mean someone who prophesied the future at that time
[16:44.040 --> 16:49.040] It meant someone through whom God spoke
[16:49.040 --> 16:54.040] But all the words of the prophet, all the works of the prophet were not put in
[16:54.040 --> 16:57.040] Textus recepticus
[16:57.040 --> 17:00.040] He left whole bunch out
[17:00.040 --> 17:05.040] Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[17:49.040 --> 17:51.040] That's ruleoflawradio.com
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[17:57.040 --> 18:00.040] To learn how to stop debt collectors next
[18:00.040 --> 18:04.040] Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[18:04.040 --> 18:07.040] In today's America we live in an us against them society
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[18:09.040 --> 18:12.040] Then we're going to have to stand and defend our own rights
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[18:59.040 --> 19:04.040] You are listening to the Logos Radio Network
[19:04.040 --> 19:30.040] LogosRadioNetwork.com
[19:30.040 --> 19:40.040] The world is spinning like it's out of control
[19:40.040 --> 19:44.040] On the edge of a hole inside a deep dark dome
[19:44.040 --> 19:50.040] I'm always on the lookout for something to soothe my soul
[19:50.040 --> 19:56.040] Now I sit back and watch the evidence unfold
[19:56.040 --> 20:04.040] And I see justice is the goal
[20:04.040 --> 20:10.040] Justice is the goal
[20:10.040 --> 20:13.040] Time to sail a little too far at sea
[20:13.040 --> 20:16.040] And then we got to get back on course we won't see
[20:16.040 --> 20:19.040] We go under heavy advisory
[20:19.040 --> 20:23.040] From the man that came all the way from Galilee
[20:23.040 --> 20:26.040] What you call a safe and warm place to be
[20:26.040 --> 20:29.040] Where I don't have to work so hard to be free
[20:29.040 --> 20:32.040] Some guys are trying to rewrite history
[20:32.040 --> 20:35.040] But they got caught, now them guys got to bleed
[20:35.040 --> 20:42.040] Looks like justice
[20:42.040 --> 20:48.040] Looks like justice
[20:48.040 --> 21:15.040] Yeah, yeah
[21:15.040 --> 21:18.040] The only way we're gonna get corruption to cease
[21:18.040 --> 21:21.040] Is when we finally learn how to police the police
[21:21.040 --> 21:24.040] The folks return to say that we were boiling the seas
[21:24.040 --> 21:28.040] Next thing you know the whole place is a heart tree
[21:28.040 --> 21:31.040] These are donors to return from the belly of the beast
[21:31.040 --> 21:34.040] The whole world got our brand new lease
[21:34.040 --> 21:40.040] Looks like justice
[21:40.040 --> 21:49.040] Only justice
[21:49.040 --> 21:53.040] Okay, we are back. Brent Felton with La Radio.
[21:53.040 --> 21:58.040] And sorry for the delay, but we were doing some sound work on my end.
[21:58.040 --> 22:01.040] Mine tends to get screwed up on occasion.
[22:01.040 --> 22:05.040] I think Brett sneaks in here and does it when I'm not looking.
[22:05.040 --> 22:07.040] Yeah, that's it.
[22:07.040 --> 22:10.040] That last segment was going somewhere.
[22:10.040 --> 22:12.040] What did we want to start with?
[22:12.040 --> 22:16.040] So I really wanted to talk about
[22:16.040 --> 22:22.040] when we need to stop finding people to blame for the problems
[22:22.040 --> 22:27.040] and start finding methods towards solutions.
[22:27.040 --> 22:30.040] Since I have a full board of callers,
[22:30.040 --> 22:34.040] I won't bend your ear on that subject any further.
[22:34.040 --> 22:41.040] We will start with, I'm looking to see if we have a first-time caller.
[22:41.040 --> 22:45.040] It looks like we do have one.
[22:45.040 --> 22:53.040] If you are in the 210 area code, talk to me.
[22:53.040 --> 22:55.040] Hello?
[22:55.040 --> 22:59.040] Hello. Are you a first-time caller?
[22:59.040 --> 23:01.040] I am.
[23:01.040 --> 23:05.040] What is your first name and estate?
[23:05.040 --> 23:11.040] First name and estate, Becky, and I'm in Texas.
[23:11.040 --> 23:13.040] Becky where?
[23:13.040 --> 23:15.040] She said Becky in Texas.
[23:15.040 --> 23:17.040] Hello, Becky.
[23:17.040 --> 23:18.040] Hello.
[23:18.040 --> 23:19.040] Hello, Becky.
[23:19.040 --> 23:24.040] What do you have for us today?
[23:24.040 --> 23:31.040] Well, we have, except six and a half years ago, tried to bring them home
[23:31.040 --> 23:34.040] and have no clue how to do so.
[23:34.040 --> 23:35.040] Wait a minute.
[23:35.040 --> 23:38.040] One thing is we're on radio, and on radio,
[23:38.040 --> 23:43.040] unlike when you're sitting in front of someone, you can't see their lips.
[23:43.040 --> 23:46.040] So in order for people to understand you better,
[23:46.040 --> 23:48.040] you need to talk a little bit slower
[23:48.040 --> 23:55.040] because it takes us a little bit longer to stitch the pieces together.
[23:55.040 --> 24:00.040] The short of it is you're talking faster than I can listen.
[24:00.040 --> 24:01.040] I'm sorry.
[24:01.040 --> 24:02.040] Okay.
[24:02.040 --> 24:12.040] I have seven children that CPS kidnapped six and a half years ago,
[24:12.040 --> 24:16.040] and we have no idea how to bring them home.
[24:16.040 --> 24:18.040] Kidnapped?
[24:18.040 --> 24:24.040] Kidnapped by some criminal on the street or by Child Protective Services?
[24:24.040 --> 24:31.040] Child Protective Services.
[24:31.040 --> 24:33.040] Seven years ago?
[24:33.040 --> 24:35.040] Six and a half.
[24:35.040 --> 24:37.040] I can only imagine.
[24:37.040 --> 24:39.040] Seven years.
[24:39.040 --> 24:47.040] Bringing them back after this amount of time is going to be difficult.
[24:47.040 --> 24:54.040] But Child Protective Services is not my area of special knowledge.
[24:54.040 --> 25:00.040] Brett, do you have any knowledge beyond mine on this subject area?
[25:00.040 --> 25:01.040] No.
[25:01.040 --> 25:03.040] I wish I did.
[25:03.040 --> 25:07.040] I was hoping that you would be able to speak into that.
[25:07.040 --> 25:11.040] I can do the normal things, hold individual men and women accountable,
[25:11.040 --> 25:14.040] criminal complaints and so forth,
[25:14.040 --> 25:19.040] but I don't know what to do within their system of what they would respect
[25:19.040 --> 25:23.040] and respond to.
[25:23.040 --> 25:27.040] They've got a whole system of processes,
[25:27.040 --> 25:31.040] and they presume to have authority to do whatever they think best
[25:31.040 --> 25:35.040] in other people's families, and so I don't know how you interrupt that.
[25:35.040 --> 25:41.040] You talk about bringing an interruption to somebody's pattern.
[25:41.040 --> 25:47.040] What have you done in the last six years to recover your children?
[25:47.040 --> 25:55.040] Well, we contracted with them unknowingly.
[25:55.040 --> 25:57.040] Hold on, hold on, hold on.
[25:57.040 --> 26:00.040] Contracted with them is a term of art.
[26:00.040 --> 26:03.040] Will you explain what that means?
[26:03.040 --> 26:09.040] We did all the services, child protection services, required.
[26:09.040 --> 26:19.040] They set up a sham trial April before that
[26:19.040 --> 26:27.040] and condescend to giving permanent managing conservators.
[26:27.040 --> 26:30.040] We had no idea what that meant.
[26:30.040 --> 26:32.040] Okay, let me take another step back.
[26:32.040 --> 26:40.040] Are your children in foster care?
[26:40.040 --> 26:44.040] Five of them are.
[26:44.040 --> 26:48.040] Two of them refuse to be in foster care.
[26:48.040 --> 26:51.040] They are in placements.
[26:51.040 --> 26:58.040] One caseworker has contacted my oldest son for me to contract
[26:58.040 --> 27:06.040] with child protection services yet again and send my 15-year-old home,
[27:06.040 --> 27:11.040] and I won't contract with them again.
[27:11.040 --> 27:15.040] I'm not sure what you mean by contract with them again.
[27:15.040 --> 27:23.040] You don't want to interact with whatever they consider as their prescription for your life?
[27:23.040 --> 27:32.040] Correct. So if I'm doing parenting classes, I am contracting with them.
[27:32.040 --> 27:40.040] So at the beginning, and I didn't snap to what was going on when this first started,
[27:40.040 --> 27:44.040] the judge said, he says, why are we here?
[27:44.040 --> 27:53.040] They did nothing wrong.
[27:53.040 --> 28:03.040] The prosecutor said, we have a contract.
[28:03.040 --> 28:05.040] Something's not making sense here.
[28:05.040 --> 28:13.040] What was the claim against you that instigated the taking of all your children from you?
[28:13.040 --> 28:21.040] Homeless, living in a 15-passenger van, children walking with no shoes on while they're at home,
[28:21.040 --> 28:27.040] children being dirty while at home, holes in their clothes while at home,
[28:27.040 --> 28:38.040] playing while they're dirty, children going around with a lawnmower asking for work,
[28:38.040 --> 28:44.040] and none of that is illegal, not a single bit of it.
[28:44.040 --> 28:49.040] Children are allowed to go make their own money.
[28:49.040 --> 28:55.040] And the child, they said, was walking the streets alone.
[28:55.040 --> 28:57.040] My husband was actually with him.
[28:57.040 --> 29:02.040] They went to go get baby wipes two blocks away,
[29:02.040 --> 29:13.040] and my husband helped my son cross the street and watched him walk back to the house with the wipe.
[29:13.040 --> 29:14.040] Okay.
[29:14.040 --> 29:19.040] What we can't do here on this show is re-elitigate the issues.
[29:19.040 --> 29:20.040] Right.
[29:20.040 --> 29:24.040] I'm wondering what all has been going on in these seven years.
[29:24.040 --> 29:27.040] Are you still homeless?
[29:27.040 --> 29:28.040] Oh, no.
[29:28.040 --> 29:31.040] No, we're on seven acres right now.
[29:31.040 --> 29:35.040] How long have you been on seven acres?
[29:35.040 --> 29:40.040] Almost three years.
[29:40.040 --> 29:44.040] But at that time, your children had been in foster care for four years.
[29:44.040 --> 29:47.040] See, that's a long time.
[29:47.040 --> 29:51.040] Yeah, so we've been trying for this entire time.
[29:51.040 --> 29:59.040] We started somebody's process, which I don't think I should mention on air.
[29:59.040 --> 30:05.040] It's clear cell phones have changed the way we live and work,
[30:05.040 --> 30:07.040] but have they negatively affected our health?
[30:07.040 --> 30:10.040] Hi, Dr. Catherine Albrecht, and I'll be back in just a moment
[30:10.040 --> 30:15.040] with new findings about how cell phones may actually alter our brain chemistry.
[30:15.040 --> 30:17.040] Privacy is under attack.
[30:17.040 --> 30:20.040] When you give up data about yourself, you'll never get it back again.
[30:20.040 --> 30:25.040] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.040 --> 30:30.040] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.040 --> 30:33.040] Privacy, it's worth hanging on to.
[30:33.040 --> 30:37.040] This public service announcement is brought to you by StartPage.com,
[30:37.040 --> 30:41.040] the private search engine alternative to Google, Yahoo, and Bing.
[30:41.040 --> 30:44.040] Start over with StartPage.
[30:44.040 --> 30:47.040] Cell phones emit radio frequency energy.
[30:47.040 --> 30:48.040] It's a fact.
[30:48.040 --> 30:51.040] But whether it's dangerous to have a phone beaming this kind of radiation
[30:51.040 --> 30:53.040] near your head has been disputed.
[30:53.040 --> 30:57.040] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.040 --> 31:00.040] Well, now the Journal of the American Medical Association
[31:00.040 --> 31:03.040] is confirming that cell phones affect brain chemistry.
[31:03.040 --> 31:07.040] A study of 47 volunteers showed that glucose metabolism
[31:07.040 --> 31:12.040] in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:12.040 --> 31:15.040] While researchers aren't sure whether this exposure causes damage,
[31:15.040 --> 31:17.040] I'm not taking any chances.
[31:17.040 --> 31:21.040] I always keep the phone far from my body, and I use a corded headset.
[31:21.040 --> 31:25.040] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:51.040 --> 31:56.040] Are you looking to have a closer relationship with God and a better understanding of His Word?
[31:56.040 --> 32:01.040] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time
[32:01.040 --> 32:05.040] for Scripture Talk, where Nana and her guests discuss the Scriptures
[32:05.040 --> 32:08.040] in accord with 2 Timothy 2.15.
[32:08.040 --> 32:11.040] Study to show thyself approved unto God, always.
[32:11.040 --> 32:22.040] A workman that needeth not to be ashamed, rightly dividing the word of truth.
[32:22.040 --> 32:26.040] Starting in January, our first-hour studies are in the Book of Mark,
[32:26.040 --> 32:30.040] where we'll go verse by verse and discuss the true Gospel message.
[32:30.040 --> 32:33.040] Our second-hour topical studies will vary each week
[32:33.040 --> 32:37.040] with discussions on sound doctrine and Christian character development.
[32:37.040 --> 32:41.040] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:41.040 --> 32:45.040] Our goal is to strengthen our faith and to transform ourselves
[32:45.040 --> 32:48.040] more into the likeness of our Lord and Savior Jesus.
[32:48.040 --> 32:52.040] So tune in to Scripture Talk live on LogosRadioNetwork.com
[32:52.040 --> 32:58.040] Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[32:58.040 --> 33:10.040] You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:28.040 --> 33:39.040] Okay, we are back. Randy Kelton with Fountain Road of Law Radio.
[33:39.040 --> 33:47.040] And Becky, this is way too complicated for us to do here on this show.
[33:47.040 --> 33:54.040] Can you write up a timeline?
[33:54.040 --> 33:57.040] Oh, I guess you can talk better if I'm on YouTube.
[33:57.040 --> 34:00.040] Okay, you are still muted. Sorry about that.
[34:00.040 --> 34:02.040] Okay, a timeline.
[34:02.040 --> 34:07.040] I need a list of everything that happened and when it happened.
[34:07.040 --> 34:12.040] I can see what I can do about getting that done.
[34:12.040 --> 34:15.040] How do I hold them accountable?
[34:15.040 --> 34:18.040] Don't know yet. Don't have the details.
[34:18.040 --> 34:22.040] Depends on what's going on.
[34:22.040 --> 34:28.040] I can't just say, oh, you can hold them accountable this way or that way.
[34:28.040 --> 34:31.040] You can only hold them accountable for the things that they did.
[34:31.040 --> 34:33.040] That's why I need a timeline.
[34:33.040 --> 34:39.040] So I can go down the timeline and see what they did and when.
[34:39.040 --> 34:42.040] Yeah, he'll spot things. Things will stand out to him.
[34:42.040 --> 34:48.040] As he looks at the timeline, he'll say, oh, this means that.
[34:48.040 --> 34:53.040] There's no shotgun approach to something like this.
[34:53.040 --> 34:54.040] Okay.
[34:54.040 --> 35:00.040] Go to the courts and get a docket sheet from the clerk.
[35:00.040 --> 35:05.040] That will contain a list of everything that's been filed in the case.
[35:05.040 --> 35:08.040] That can be the beginning of your timeline.
[35:08.040 --> 35:12.040] Like a skeleton, you can attach everything to it.
[35:12.040 --> 35:19.040] You go to the front of it and write down everything that occurred before you got to court.
[35:19.040 --> 35:31.040] And then look at the different dates on the documents that were filed and put in anything that happened in between those dates.
[35:31.040 --> 35:34.040] And get us a good idea of everything that's going on.
[35:34.040 --> 35:38.040] Then I can look at that and then we can talk about it.
[35:38.040 --> 35:39.040] Okay.
[35:39.040 --> 35:43.040] This is so general. We have no idea what to do.
[35:43.040 --> 35:45.040] And it won't be easy.
[35:45.040 --> 35:52.040] It's kind of a task to do this, but it's going to be really useful for you and anybody who wants to help you.
[35:52.040 --> 35:56.040] It'll be super useful as a launching point.
[35:56.040 --> 36:11.040] And strengthen your heart as you go into this because you'll have to be kind of reliving some of these experiences and feelings that what was going on.
[36:11.040 --> 36:15.040] Just make notes and cry and keep going.
[36:15.040 --> 36:16.040] Right.
[36:16.040 --> 36:23.040] Do I need to have any of the documents that were in the case?
[36:23.040 --> 36:26.040] I have almost none that were stolen from me.
[36:26.040 --> 36:28.040] No, we don't need those yet.
[36:28.040 --> 36:31.040] The clerk has all of them, so that's not a problem.
[36:31.040 --> 36:34.040] Right now we're just needing to know what happened.
[36:34.040 --> 36:36.040] And you can get copies again.
[36:36.040 --> 36:38.040] If it was stolen from you, you can still go back.
[36:38.040 --> 36:44.040] The court clerk will have – you can get another copy from the court clerk.
[36:44.040 --> 36:55.040] But if you can just – in the timeline, if you can just at least list out what the documents were and what date, then that helps to kind of see what was going on.
[36:55.040 --> 36:56.040] All right.
[36:56.040 --> 37:01.040] The court clerk already told me it's a dollar a page.
[37:01.040 --> 37:02.040] No, no, no.
[37:02.040 --> 37:03.040] Okay.
[37:03.040 --> 37:04.040] We're worried about that.
[37:04.040 --> 37:09.040] You can file a motion for inability to pay, and it takes care of all of that.
[37:09.040 --> 37:11.040] We're not worried about that now.
[37:11.040 --> 37:13.040] Now we need to figure out what's going on.
[37:13.040 --> 37:16.040] And you can go inspect the record for free.
[37:16.040 --> 37:21.040] You show up at the court clerk, and you just sit there, and they'll hand you the whole folder.
[37:21.040 --> 37:24.040] You can flip through it and take photos with your phone.
[37:24.040 --> 37:30.040] You can scratch notes on your own notes, not on there, but, you know, on the side, get you a steno pad or something.
[37:30.040 --> 37:32.040] You can do whatever you need to do.
[37:32.040 --> 37:35.040] Flip through them all, and that's free.
[37:35.040 --> 37:36.040] Okay.
[37:36.040 --> 37:38.040] I appreciate that.
[37:38.040 --> 37:42.040] If the clerk gives you much of a problem, we got methods for handling clerks for that.
[37:42.040 --> 37:46.040] And clerks with attitude.
[37:46.040 --> 37:49.040] So all that we can handle, but first we need to know what's going on.
[37:49.040 --> 37:52.040] So get us a timeline.
[37:52.040 --> 38:07.040] Once you have that, email it to me, Randy, R-E-N-D-Y, at rule, R-U-L-E, of law, radio.com.
[38:07.040 --> 38:10.040] Then we can talk.
[38:10.040 --> 38:13.040] Pardon.
[38:13.040 --> 38:15.040] Okay.
[38:15.040 --> 38:17.040] Yes.
[38:17.040 --> 38:19.040] Thank you for calling.
[38:19.040 --> 38:23.040] And now we're going to go to Chris from Colorado.
[38:23.040 --> 38:25.040] Hello, Chris.
[38:25.040 --> 38:29.040] What do you have for us today?
[38:29.040 --> 38:35.040] Well, I'm still reading over my order from the judge.
[38:35.040 --> 38:43.040] And it just seems like he's extremely biased at this point.
[38:43.040 --> 38:45.040] Okay.
[38:45.040 --> 38:50.040] Just before you go further, who cares?
[38:50.040 --> 38:56.040] Your only purpose in the trial court is what?
[38:56.040 --> 38:58.040] To prepare for appeal.
[38:58.040 --> 38:59.040] Exactly.
[38:59.040 --> 39:07.040] Okay. So the worse job the judge does, the better you'll do on appeal.
[39:07.040 --> 39:08.040] Okay.
[39:08.040 --> 39:12.040] So here, you know, we talk a little bit about chess games,
[39:12.040 --> 39:17.040] and I think federal judges sometimes there's some intelligence egos going on.
[39:17.040 --> 39:19.040] This guy's smart.
[39:19.040 --> 39:22.040] I'm not saying that I'm smart enough to be able to determine if he's smart,
[39:22.040 --> 39:26.040] but I'm seeing a chess game go on.
[39:26.040 --> 39:29.040] I'll give you a quick example.
[39:29.040 --> 39:33.040] So he asked me if I've ever done this before when I first started,
[39:33.040 --> 39:38.040] and then in my first claim, he basically hinted I should go to state court.
[39:38.040 --> 39:39.040] Okay.
[39:39.040 --> 39:42.040] Because I wasn't worth his presence.
[39:42.040 --> 39:46.040] And then I upped the ante and I put in a pretty darn good complaint, I think,
[39:46.040 --> 39:50.040] because I've had more compliments from people I never expect compliments from,
[39:50.040 --> 39:52.040] including defense attorneys.
[39:52.040 --> 39:53.040] Who are they?
[39:53.040 --> 39:54.040] Blowing smoke, probably.
[39:54.040 --> 39:55.040] Who knows?
[39:55.040 --> 39:58.040] But here's what he said in his opening statement.
[39:58.040 --> 40:01.040] As his automobile was towed from a parking lot while he was dining in a
[40:01.040 --> 40:03.040] nearby restaurant in Chicago,
[40:03.040 --> 40:08.040] pro se plaintiff made a federal case of it.
[40:08.040 --> 40:10.040] That's his opening statement.
[40:10.040 --> 40:14.040] And that pretty much says that I'm not worthy to be in his court.
[40:14.040 --> 40:17.040] But then underneath of it, he basically said he can't dismiss it
[40:17.040 --> 40:20.040] because of some of the claims.
[40:20.040 --> 40:21.040] All right.
[40:21.040 --> 40:26.040] One of those claims, and this is the confusing part, is consumer fraud.
[40:26.040 --> 40:29.040] That's the basis of my suit, is fraud.
[40:29.040 --> 40:33.040] And I already have a judgment from the administrative courts there in Chicago
[40:33.040 --> 40:36.040] who brought that tow company into the courts,
[40:36.040 --> 40:40.040] fined them and judged them with consumer fraud.
[40:40.040 --> 40:43.040] They pled liable and they waived their right to appeal.
[40:43.040 --> 40:45.040] So we already have a consumer fraud.
[40:45.040 --> 40:46.040] Okay, hold on.
[40:46.040 --> 40:51.040] If I could mark on that, that's res judicata.
[40:51.040 --> 40:52.040] Right.
[40:52.040 --> 40:56.040] That is not something this federal judge can touch.
[40:56.040 --> 40:57.040] But he did.
[40:57.040 --> 41:00.040] He must accept that as a proper ruling.
[41:00.040 --> 41:03.040] He can't readdress it.
[41:03.040 --> 41:04.040] Okay.
[41:04.040 --> 41:06.040] That's for everybody else.
[41:06.040 --> 41:12.040] Once a ruling is made, the federal courts under Rooker Feldman cannot dip
[41:12.040 --> 41:20.040] into the states because there's a lot of confusion going around about
[41:20.040 --> 41:23.040] what a state actually is.
[41:23.040 --> 41:27.040] People tend to think that the states are our political subdivision
[41:27.040 --> 41:31.040] of the United States, and there are no such thing.
[41:31.040 --> 41:33.040] State, look it up.
[41:33.040 --> 41:36.040] It means sovereign nation.
[41:36.040 --> 41:42.040] We have a union where 50 sovereign nations have opted into that union,
[41:42.040 --> 41:48.040] but they granted the federal government very limited authority.
[41:48.040 --> 41:59.040] And going in to change the rulings of state agency is not within their authority.
[41:59.040 --> 42:00.040] Okay.
[42:00.040 --> 42:02.040] Go ahead, Chris.
[42:02.040 --> 42:03.040] Okay.
[42:03.040 --> 42:05.040] So this is the most important one.
[42:05.040 --> 42:07.040] I mean, all the rest of it is almost as ridiculous.
[42:07.040 --> 42:09.040] But this is, like you said, res judicata.
[42:09.040 --> 42:10.040] It's already been decided.
[42:10.040 --> 42:14.040] And I put that in my suit because they tried to come up with this nexus test
[42:14.040 --> 42:17.040] that I don't fall into the guidelines of the consumer.
[42:17.040 --> 42:21.040] Well, how could I not fall into it when there's been a judgment with my name on it,
[42:21.040 --> 42:24.040] although it wasn't on my behalf specifically?
[42:24.040 --> 42:28.040] The judgment and the action taken against me was consumer fraud.
[42:28.040 --> 42:31.040] Therefore, res judicata already decided.
[42:31.040 --> 42:32.040] And that's what I said.
[42:32.040 --> 42:37.040] All I had to do was link the elements into my own civil suit, which wasn't hard to do.
[42:37.040 --> 42:38.040] I mean, there's just a couple elements.
[42:38.040 --> 42:39.040] You spell them out.
[42:39.040 --> 42:40.040] There you go.
[42:40.040 --> 42:42.040] That was one of my shortest claims.
[42:42.040 --> 42:47.040] Well, the defense came up with this thing saying that I don't fit the nexus for a consumer
[42:47.040 --> 42:49.040] because I wasn't engaged directly with the tow company.
[42:49.040 --> 42:54.040] Therefore, I wasn't in consumer affairs, so to speak, right?
[42:54.040 --> 42:57.040] And the judge came up with he agreed with them.
[42:57.040 --> 42:59.040] And he also came up with his own thing.
[42:59.040 --> 43:04.040] Like, students who are filing claims under the ICFA, I don't know what that means,
[43:04.040 --> 43:05.040] were not consumers.
[43:05.040 --> 43:07.040] There's some stupid...
[43:07.040 --> 43:08.040] Wait a minute.
[43:08.040 --> 43:09.040] Wait a minute.
[43:09.040 --> 43:17.040] Did the state address you except that you were a consumer?
[43:17.040 --> 43:19.040] Yes.
[43:19.040 --> 43:22.040] Then this leads to raising objection.
[43:22.040 --> 43:25.040] This is not a place the court can go.
[43:25.040 --> 43:31.040] This should get a subject matter jurisdiction challenge.
[43:31.040 --> 43:32.040] Well, that's the...
[43:32.040 --> 43:33.040] They can't...
[43:33.040 --> 43:34.040] You know, I listened to...
[43:34.040 --> 43:36.040] Sorry.
[43:36.040 --> 43:38.040] They can't go to this subject.
[43:38.040 --> 43:39.040] It's already been...
[43:39.040 --> 43:42.040] It's already been determined.
[43:42.040 --> 43:50.040] They don't have the power to dip into the state and change the state's determination.
[43:50.040 --> 43:54.040] And he's indirectly trying to do that.
[43:54.040 --> 43:55.040] That's okay.
[43:55.040 --> 43:56.040] That's good.
[43:56.040 --> 44:00.040] This will play well when we get to the court of appeal.
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[45:39.040 --> 45:43.040] about the principles and practices that control our American courts.
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[46:14.040 --> 46:24.040] Thank you.
[46:45.040 --> 46:47.040] Okay.
[46:47.040 --> 46:48.040] We are back.
[46:48.040 --> 46:51.040] Brandon Kelp, Brett Fountain, Rule of Law Radio.
[46:51.040 --> 46:55.040] And I said as we went over the cliff that we could take all those guys
[46:55.040 --> 46:58.040] and just throw them over the cliff with me.
[46:58.040 --> 47:01.040] Why didn't you tell me that, Chris?
[47:01.040 --> 47:03.040] Boy, you were on a roll there.
[47:03.040 --> 47:04.040] It was really good hearing.
[47:04.040 --> 47:06.040] I was trying to get you there.
[47:06.040 --> 47:10.040] I was really right at the cliff.
[47:10.040 --> 47:13.040] But yeah, this is a good thing.
[47:13.040 --> 47:15.040] This is great.
[47:15.040 --> 47:16.040] Okay.
[47:16.040 --> 47:18.040] This goes to Rooker Falman.
[47:18.040 --> 47:24.040] So the judge gave you a real easy play in the Court of Appeals.
[47:24.040 --> 47:31.040] But pay real close attention to his arguments so that when you go to appeal,
[47:31.040 --> 47:35.040] you can undermine his arguments.
[47:35.040 --> 47:42.040] Generally, the federal courts are pretty good about giving you a judgment.
[47:42.040 --> 47:46.040] Did he give you essentially findings, facts, and conclusions at law
[47:46.040 --> 47:49.040] showing how he got to his ruling?
[47:49.040 --> 47:51.040] In almost every single moment, yeah, which is crazy.
[47:51.040 --> 47:56.040] You know how he spelled it out the first time to me real clear kind of with Olivier?
[47:56.040 --> 47:57.040] He does that.
[47:57.040 --> 47:59.040] He's very, very clear about what I need to correct.
[47:59.040 --> 48:03.040] But he's also very almost cryptic as he's doing it.
[48:03.040 --> 48:06.040] It's just I'm trying to figure out what he's doing.
[48:06.040 --> 48:10.040] And the only thing I could come up with is that if he gets some of these claims not to go forward,
[48:10.040 --> 48:14.040] my damage claims might fall underneath a certain amount,
[48:14.040 --> 48:17.040] and I have to leave federal court.
[48:17.040 --> 48:19.040] That's one angle.
[48:19.040 --> 48:23.040] The other angle is he's telling me so much about what I need to correct,
[48:23.040 --> 48:25.040] I can't figure out why he would do all that.
[48:25.040 --> 48:27.040] He's setting himself up.
[48:27.040 --> 48:28.040] No, hold on, hold on.
[48:28.040 --> 48:32.040] That's what they do.
[48:32.040 --> 48:34.040] That's not a bad thing.
[48:34.040 --> 48:35.040] Yeah.
[48:35.040 --> 48:40.040] The judges tell you, this is what's wrong with your pleading.
[48:40.040 --> 48:42.040] Fix it and bring it to me.
[48:42.040 --> 48:47.040] And he tells the other side, this is what's wrong with your pleadings.
[48:47.040 --> 48:49.040] Fix them and bring them to me.
[48:49.040 --> 48:59.040] Bring me the best document you can so that I can make the best decision that I can.
[48:59.040 --> 49:04.040] So don't assume the judge is against you.
[49:04.040 --> 49:09.040] Even if it seems really suspicious that he would act helpful.
[49:09.040 --> 49:11.040] Well, he's being very cautious.
[49:11.040 --> 49:13.040] And the next example here I'll give to you,
[49:13.040 --> 49:15.040] but I want to answer your question, Randy, as clear as I could.
[49:15.040 --> 49:19.040] You asked me, did they specifically say I was the consumer in this matter?
[49:19.040 --> 49:24.040] This is the Court of Administrative Hearings, right?
[49:24.040 --> 49:27.040] So they're just kind of a quasi-court, but they are a court.
[49:27.040 --> 49:31.040] And people who, you know, it's a valid judgment.
[49:31.040 --> 49:34.040] But they didn't say that I was a consumer.
[49:34.040 --> 49:40.040] They charged the company with consumer fraud as it pertained to the towing of my vehicle,
[49:40.040 --> 49:47.040] and therefore returned my fee that I paid as a consumer, forceful consumer, back to me.
[49:47.040 --> 49:48.040] Therefore...
[49:48.040 --> 49:49.040] Okay.
[49:49.040 --> 49:50.040] Okay.
[49:50.040 --> 49:51.040] Hold on.
[49:51.040 --> 49:52.040] Hold on.
[49:52.040 --> 49:57.040] What does consumer mean in the state of Illinois?
[49:57.040 --> 49:58.040] Good question.
[49:58.040 --> 50:01.040] You don't care what it means in the Fed.
[50:01.040 --> 50:05.040] You care what it means in the state.
[50:05.040 --> 50:06.040] Okay.
[50:06.040 --> 50:16.040] You were granted a service, whether you liked it or not, and you paid for that service.
[50:16.040 --> 50:21.040] Just because you didn't contract to secure the service, you still paid for it.
[50:21.040 --> 50:26.040] That should give you standing.
[50:26.040 --> 50:27.040] Okay.
[50:27.040 --> 50:28.040] I agree.
[50:28.040 --> 50:29.040] That just makes sense, doesn't it?
[50:29.040 --> 50:33.040] I agree.
[50:33.040 --> 50:36.040] So what did the judge say?
[50:36.040 --> 50:39.040] Well, I haven't looked at this case yet.
[50:39.040 --> 50:43.040] I'm still reading through all this and trying to memorize what he's just ordered.
[50:43.040 --> 50:47.040] But he's got some cases references here, a couple of them, like Steinberg v. Chicago,
[50:47.040 --> 50:54.040] this and that, and that some students were not consumers is the term defined in the Act.
[50:54.040 --> 50:58.040] And I don't know what he's meaning, but he's gone into some stuff.
[50:58.040 --> 51:01.040] And basically, he's dismissed it without prejudice.
[51:01.040 --> 51:04.040] Most of it's been dismissed without prejudice.
[51:04.040 --> 51:06.040] Well, that's good.
[51:06.040 --> 51:09.040] But here, since this was already...
[51:09.040 --> 51:11.040] Okay.
[51:11.040 --> 51:18.040] He must feel like this was not already determined in the state court.
[51:18.040 --> 51:23.040] How did he address res judicata?
[51:23.040 --> 51:24.040] Well, that's the other thing.
[51:24.040 --> 51:26.040] He's been ignoring a lot of stuff.
[51:26.040 --> 51:30.040] He didn't even mention it, that I've already had a judgment.
[51:30.040 --> 51:32.040] Yeah, he didn't even mention it.
[51:32.040 --> 51:33.040] Okay.
[51:33.040 --> 51:36.040] That's where your objection should be.
[51:36.040 --> 51:38.040] You should refile.
[51:38.040 --> 51:39.040] Let's see.
[51:39.040 --> 51:40.040] You should file...
[51:40.040 --> 51:41.040] No, don't refile yet.
[51:41.040 --> 51:43.040] He dismissed without prejudice.
[51:43.040 --> 51:46.040] So you should file an appeal.
[51:46.040 --> 51:48.040] And you get to the appeals court.
[51:48.040 --> 51:50.040] You'll get a good workout in the appeals court.
[51:50.040 --> 51:54.040] And if the appeals court rules against you, you can appeal to the Supreme.
[51:54.040 --> 51:58.040] And if they rule against you, you can come back and refile.
[51:58.040 --> 51:59.040] Well, here's the interesting thing.
[51:59.040 --> 52:01.040] He didn't kick my suit out.
[52:01.040 --> 52:04.040] He kept parts of it, very, very small parts of it.
[52:04.040 --> 52:05.040] So I'm still in court.
[52:05.040 --> 52:10.040] But he's giving me 30 days to amend some of the mistakes.
[52:10.040 --> 52:11.040] Okay.
[52:11.040 --> 52:16.040] So he dismissed portions of your suit without prejudice.
[52:16.040 --> 52:18.040] Yeah, the majority of it, yeah.
[52:18.040 --> 52:19.040] Okay.
[52:19.040 --> 52:20.040] That's okay.
[52:20.040 --> 52:21.040] That's good.
[52:21.040 --> 52:22.040] That's good.
[52:22.040 --> 52:26.040] He's telling you this is wrong and giving you an opportunity to fix it.
[52:26.040 --> 52:30.040] Yeah, and without prejudice means you get to try again.
[52:30.040 --> 52:37.040] So if you feel like he was incorrect, then appeal.
[52:37.040 --> 52:45.040] And in the appeal, they will further elucidate whether he is correct or not correct.
[52:45.040 --> 52:49.040] What are the issues he left in place?
[52:49.040 --> 52:51.040] Well, that's the confusing part.
[52:51.040 --> 52:52.040] I don't even want to go into that.
[52:52.040 --> 52:54.040] That will make everybody's head spin.
[52:54.040 --> 52:57.040] Let me ask it different.
[52:57.040 --> 53:04.040] Did he leave issues in place that if they are ruled in your favor,
[53:04.040 --> 53:09.040] that you will have a right to judgment in your favor?
[53:09.040 --> 53:11.040] Yes, but that's the tricky part.
[53:11.040 --> 53:15.040] The only way to recover damages for those specific ones is under the threshold
[53:15.040 --> 53:19.040] of the amount that would keep me in federal court.
[53:19.040 --> 53:24.040] There's no way I could retain damages of anything of substantial value
[53:24.040 --> 53:28.040] without these other fraud claims.
[53:28.040 --> 53:34.040] So that's the tricky part of this one.
[53:34.040 --> 53:43.040] Okay, so you need to attack the failure to address res judicata.
[53:43.040 --> 53:44.040] I do.
[53:44.040 --> 53:48.040] I mean, this should be able to win here unless – I mean, it's clever.
[53:48.040 --> 53:52.040] And so the second one that somebody told me is that once you have consumer fraud,
[53:52.040 --> 53:56.040] you pretty much have fraud because the only difference between consumer fraud
[53:56.040 --> 54:01.040] and fraud is that you actually acted on the intention and carried it out.
[54:01.040 --> 54:03.040] Well, that's exactly what I did.
[54:03.040 --> 54:07.040] And he went into some nuance of making a false statement.
[54:07.040 --> 54:11.040] Well, false statements can be made by omission as well.
[54:11.040 --> 54:13.040] And I've read that, but he's saying that that's not the case
[54:13.040 --> 54:18.040] because it wasn't a direct statement through the signage.
[54:18.040 --> 54:22.040] So he's playing more games here even to kick that one out.
[54:22.040 --> 54:26.040] But he's also giving me time to amend it.
[54:26.040 --> 54:29.040] So he's trying to stay away from fraud.
[54:29.040 --> 54:30.040] I think he's trying to stay away from this.
[54:30.040 --> 54:33.040] And I'll give you the last example why.
[54:33.040 --> 54:37.040] So I also brought in some constitutional claims in here.
[54:37.040 --> 54:40.040] Some of them weren't awesome, but a couple of them were fine.
[54:40.040 --> 54:42.040] They should stick.
[54:42.040 --> 54:47.040] And the problem is that I had no way to know that these were going to be –
[54:47.040 --> 54:49.040] and most of these were going to be valid claims
[54:49.040 --> 54:53.040] until the state actually made their ruling, which was about a year and a half later.
[54:53.040 --> 54:57.040] Okay, so I had no idea what the laws were, what laws pertained to this.
[54:57.040 --> 54:58.040] I knew I was wrong.
[54:58.040 --> 55:01.040] I knew there was some torts possibly, right?
[55:01.040 --> 55:03.040] But I had no idea what they could be.
[55:03.040 --> 55:06.040] And the law says that for those type of claims,
[55:06.040 --> 55:08.040] you have to have most of the elements in place
[55:08.040 --> 55:12.040] and have knowledge of them before it starts to accrue.
[55:12.040 --> 55:16.040] So that would mean I have three years, a little over three –
[55:16.040 --> 55:20.040] about three years to bring a claim from the original date
[55:20.040 --> 55:24.040] because it's a two-year statute of limitations in Illinois.
[55:24.040 --> 55:30.040] And he just – he flat-out ignored my arguments about the medical malpractice accrual rule,
[55:30.040 --> 55:35.040] which means when you gain knowledge of, you know, the needle that got left in you
[55:35.040 --> 55:39.040] that's causing the infection, that's when your statute of limitations runs.
[55:39.040 --> 55:42.040] I mean, could you use that for every accrual rule?
[55:42.040 --> 55:49.040] And he flat-out glazed right over it, ignored it, and dismissed that specific claim with prejudice.
[55:49.040 --> 55:54.040] Well, that's okay.
[55:54.040 --> 55:58.040] That's the one I – I want to appeal the heck out of that one, but –
[55:58.040 --> 55:59.040] Good.
[55:59.040 --> 56:09.040] When you appeal, they will pretty well tell you just by the other side's arguments
[56:09.040 --> 56:17.040] all that you need to know to take this to the Supreme and then come back and refile.
[56:17.040 --> 56:26.040] But you really need to move in your appeal to move for the –
[56:26.040 --> 56:29.040] that the ruling be overturned or in the alternative,
[56:29.040 --> 56:36.040] that the ruling be – the ruling with prejudice be overturned
[56:36.040 --> 56:43.040] and that it be ruled without prejudice so you get opportunity to fix it.
[56:43.040 --> 56:51.040] With prejudice means there is no possible way that you can adjust this argument
[56:51.040 --> 56:54.040] so that it could give you a positive ruling.
[56:54.040 --> 57:01.040] It's real hard for them to maintain a dismissal with prejudice.
[57:01.040 --> 57:03.040] For who to maintain?
[57:03.040 --> 57:12.040] For the court to – they don't – the courts frown on dismissal with prejudice,
[57:12.040 --> 57:14.040] and the appellate courts are not going to like that.
[57:14.040 --> 57:19.040] They want the litigant to have an opportunity to repair anything that's wrong,
[57:19.040 --> 57:23.040] so they tend to disfavor dismissal with prejudice,
[57:23.040 --> 57:28.040] and very good chance you can get the court of appeals to overturn the with prejudice part
[57:28.040 --> 57:31.040] so you can go back and fix it.
[57:31.040 --> 57:36.040] Should I do that now or at the end of this?
[57:36.040 --> 57:43.040] Have you received a dispositive ruling in the case?
[57:43.040 --> 57:47.040] Has everything been – oh, so your case is still ongoing.
[57:47.040 --> 57:56.040] So what you can do now is petition for writ of mandamus or an interlocutory appeal.
[57:56.040 --> 58:01.040] You have a claim that has been dismissed with prejudice.
[58:01.040 --> 58:06.040] That's grounds for interlocutory appeal.
[58:06.040 --> 58:07.040] Okay.
[58:07.040 --> 58:13.040] Appeal the issues that he denied interlocutory.
[58:13.040 --> 58:18.040] Okay, we're about to go off the cliff, and then I'll quickly end this on the other side.
[58:18.040 --> 58:21.040] Okay. Thank you.
[58:21.040 --> 58:24.040] That was nice of him.
[58:24.040 --> 58:31.040] It was your fault last time, so okay. We never take responsibility for our own behavior.
[58:31.040 --> 58:34.040] I mean, after all, we're guys.
[58:34.040 --> 58:39.040] Okay. This is Randy Kelton, Brett Fountain with La Radio.
[58:39.040 --> 58:42.040] We have a full board of callers, so we'll give out the call number.
[58:42.040 --> 58:45.040] As soon as someone drops off, a line will open up,
[58:45.040 --> 58:50.040] and then you can call us in at 512-646-1984. We'll be right.
[58:50.040 --> 58:54.040] Would you like to make more definite progress in your walk with God?
[58:54.040 --> 58:57.040] Bibles for America is offering a free study Bible
[58:57.040 --> 59:01.040] and a set of free Christian books that can really help.
[59:01.040 --> 59:06.040] The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.040 --> 59:10.040] It's an accurate translation, and it contains thousands of footnotes
[59:10.040 --> 59:13.040] that will help you to know God and to know the meaning of life.
[59:13.040 --> 59:18.040] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.040 --> 59:21.040] Chapter by chapter, Basic Elements of the Christian Life
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[59:24.040 --> 59:27.040] growing in Christ, and how to build up the Church.
[59:27.040 --> 59:30.040] To order your free New Testament Recovery Version
[59:30.040 --> 59:33.040] and Basic Elements of the Christian Life,
[59:33.040 --> 59:40.040] call Bibles for America toll free at 888-551-0102.
[59:40.040 --> 59:45.040] That's 888-551-0102.
[59:45.040 --> 59:50.040] Or visit us online at bfa.org.
[01:00:02.040 --> 01:00:06.040] The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:06.040 --> 01:00:09.040] They guarantee the specific freedoms Americans should know and protect.
[01:00:09.040 --> 01:00:11.040] Our liberty depends on it.
[01:00:11.040 --> 01:00:17.040] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:17.040 --> 01:00:19.040] Privacy is under attack.
[01:00:19.040 --> 01:00:23.040] When you give up data about yourself, you'll never get it back again.
[01:00:23.040 --> 01:00:27.040] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.040 --> 01:00:29.040] So protect your rights.
[01:00:29.040 --> 01:00:33.040] Say no to surveillance and keep your information to yourself.
[01:00:33.040 --> 01:00:35.040] Privacy, it's worth hanging on to.
[01:00:35.040 --> 01:00:39.040] This public service announcement is brought to you by StartPage.com,
[01:00:39.040 --> 01:00:43.040] the private search engine alternative to Google, Yahoo, and Bing.
[01:00:43.040 --> 01:00:46.040] Start over with StartPage.
[01:00:46.040 --> 01:00:49.040] Imagine your mom and dad are getting ready for bed.
[01:00:49.040 --> 01:00:52.040] They pull back the covers and find a third party there.
[01:00:52.040 --> 01:00:55.040] He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.040 --> 01:01:01.040] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:01.040 --> 01:01:04.040] It protects us from being forced to share our homes with soldiers,
[01:01:04.040 --> 01:01:07.040] a common demand in the days of our Founding Fathers.
[01:01:07.040 --> 01:01:10.040] Third party, Third Amendment? Get it?
[01:01:10.040 --> 01:01:13.040] So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:13.040 --> 01:01:18.040] tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:18.040 --> 01:01:22.040] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.040 --> 01:01:36.040] The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:36.040 --> 01:01:39.040] We guarantee you the specific freedoms Americans should know and protect.
[01:01:39.040 --> 01:01:41.040] Our liberty depends on it.
[01:01:41.040 --> 01:01:47.040] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:47.040 --> 01:01:49.040] Privacy is under attack.
[01:01:49.040 --> 01:01:53.040] When you give up data about yourself, you'll never get it back again.
[01:01:53.040 --> 01:01:57.040] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.040 --> 01:01:59.040] So protect your rights.
[01:01:59.040 --> 01:02:03.040] Say no to surveillance and keep your information to yourself.
[01:02:03.040 --> 01:02:05.040] Privacy, it's worth hanging on to.
[01:02:05.040 --> 01:02:09.040] This public service announcement is brought to you by StartPage.com,
[01:02:09.040 --> 01:02:13.040] the private search engine alternative to Google, Yahoo, and Bing.
[01:02:13.040 --> 01:02:16.040] Start over with StartPage.
[01:02:16.040 --> 01:02:22.040] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.040 --> 01:02:28.040] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:28.040 --> 01:02:31.040] Fourth Amendment? Four eyes staring at you? Get it?
[01:02:31.040 --> 01:02:35.040] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:35.040 --> 01:02:40.040] Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.040 --> 01:02:44.040] When government employees demand a peep of your privates without probable cause,
[01:02:44.040 --> 01:02:47.040] I say it's time to sound the constitutional alarm bells.
[01:02:47.040 --> 01:02:50.040] Join me in asking our representatives to dust off the Bill of Rights
[01:02:50.040 --> 01:02:54.040] and use their googly eyes to take a gander at the Fourth.
[01:02:54.040 --> 01:03:01.040] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:25.040 --> 01:03:32.040] I won't pay for the war with my body.
[01:03:32.040 --> 01:03:35.040] Ain't gonna pay for the car with my money.
[01:03:35.040 --> 01:03:38.040] I won't pay for the fun with my body.
[01:03:38.040 --> 01:03:42.040] The plans wicked and the logic shoddy.
[01:03:42.040 --> 01:03:45.040] Ain't gonna pay for the war with my body.
[01:03:45.040 --> 01:03:48.040] I won't pay for the boys with my money.
[01:03:48.040 --> 01:03:52.040] Ain't gonna pay for the kids with my body.
[01:03:52.040 --> 01:03:56.040] The whole agenda smells funny.
[01:03:56.040 --> 01:04:02.040] I wanna fight in a war of my own.
[01:04:02.040 --> 01:04:09.040] That one would be less accidental.
[01:04:09.040 --> 01:04:16.040] I wanna pay for war of my own.
[01:04:16.040 --> 01:04:23.040] They live in glass houses so I can watch them grow old.
[01:04:23.040 --> 01:04:26.040] I wanna fight in a war I can win.
[01:04:26.040 --> 01:04:28.040] I can never win no one.
[01:04:28.040 --> 01:04:30.040] Okay, we are back.
[01:04:30.040 --> 01:04:33.040] Randy Kelton, Wet Fountain, Woonablow Radio.
[01:04:33.040 --> 01:04:36.040] And we're talking to Chris in Colorado.
[01:04:36.040 --> 01:04:39.040] Okay, where were we, Chris?
[01:04:39.040 --> 01:04:41.040] We're talking about the appeal process.
[01:04:41.040 --> 01:04:46.040] So I talked to some attorneys in this Hibbler Pro-State thing through Chicago.
[01:04:46.040 --> 01:04:49.040] These are federal attorneys.
[01:04:49.040 --> 01:04:58.040] And most have said if you're going to appeal, you appeal after this particular trial, so to speak,
[01:04:58.040 --> 01:05:02.040] and then you bring it into the appeals process.
[01:05:02.040 --> 01:05:04.040] You need to ask them about interlocutory.
[01:05:04.040 --> 01:05:11.040] Okay, well, let me think.
[01:05:11.040 --> 01:05:24.040] Yeah, interlocutory appeal is sometimes difficult to tell when they'll actually accept an interlocutory appeal.
[01:05:24.040 --> 01:05:29.040] But that would be great practice work, yeah.
[01:05:29.040 --> 01:05:35.040] Make up an interlocutory appeal and file it.
[01:05:35.040 --> 01:05:42.040] And the worst that can happen is they can say it's not wiped yet.
[01:05:42.040 --> 01:05:43.040] Okay.
[01:05:43.040 --> 01:05:47.040] What about, since my goal is to drag this on as long as possible
[01:05:47.040 --> 01:05:52.040] so they see the dollars stacking up on their side and they still want to get out,
[01:05:52.040 --> 01:05:54.040] I mean, they know I'm committed.
[01:05:54.040 --> 01:05:58.040] This is four years in now, so they're itching to get this out of their hands.
[01:05:58.040 --> 01:06:01.040] And now they realize it's not getting out of the court.
[01:06:01.040 --> 01:06:05.040] Yeah, especially if you do an interlocutory, then they're good.
[01:06:05.040 --> 01:06:10.040] That's going to send a signal to them that you're going to give them a real fight.
[01:06:10.040 --> 01:06:17.040] Well, what about also just making a note for record when I do my next amended complaint
[01:06:17.040 --> 01:06:25.040] that I object to the court's ruling that this is dismissed without prejudice because of the time bar
[01:06:25.040 --> 01:06:32.040] when my argument was not even considered and therefore I will be appealing at the end of this.
[01:06:32.040 --> 01:06:33.040] What about that?
[01:06:33.040 --> 01:06:35.040] Is that a statement that can be worded?
[01:06:35.040 --> 01:06:36.040] No.
[01:06:36.040 --> 01:06:38.040] No, that's meaningless.
[01:06:38.040 --> 01:06:41.040] They expect you to appeal it anyway.
[01:06:41.040 --> 01:06:46.040] Just warning the judge that you're going to appeal this, that means nothing.
[01:06:46.040 --> 01:06:53.040] You're not asking the judge, unless you ask him for reconsideration
[01:06:53.040 --> 01:06:57.040] and point out that he failed to address him.
[01:06:57.040 --> 01:07:06.040] Show him, point out where you believe he ruled him properly and give him opportunity to correct it.
[01:07:06.040 --> 01:07:08.040] Okay.
[01:07:08.040 --> 01:07:12.040] A petition for reconsideration.
[01:07:12.040 --> 01:07:14.040] Okay.
[01:07:14.040 --> 01:07:21.040] And especially the issues that he failed to address completely.
[01:07:21.040 --> 01:07:26.040] That's not something he gets to do.
[01:07:26.040 --> 01:07:31.040] Yeah, he ignores a lot of my arguments, made up his own, took a few defendants,
[01:07:31.040 --> 01:07:36.040] very few of the defendants, but he just made his own arguments.
[01:07:36.040 --> 01:07:38.040] It's really strange.
[01:07:38.040 --> 01:07:46.040] Well, accuse him of adjudicating from the bench.
[01:07:46.040 --> 01:07:49.040] He brought issues that were not before the court.
[01:07:49.040 --> 01:07:54.040] If the other side didn't argue him, he doesn't get to bring them up.
[01:07:54.040 --> 01:07:55.040] Good point.
[01:07:55.040 --> 01:07:57.040] And that was going through my head too.
[01:07:57.040 --> 01:08:00.040] So this is the thing.
[01:08:00.040 --> 01:08:03.040] This is almost like being pulled in a few different directions,
[01:08:03.040 --> 01:08:05.040] which is why I'm really wondering what his intention.
[01:08:05.040 --> 01:08:09.040] And this is the last thing I'll read to you and I'll get off.
[01:08:09.040 --> 01:08:11.040] So back to the fraud thing.
[01:08:11.040 --> 01:08:14.040] He was explaining why I can't use the fraud the way I did.
[01:08:14.040 --> 01:08:16.040] And then he uses case reference.
[01:08:16.040 --> 01:08:19.040] And in this case reference it says this, the Seventh Circuit explained,
[01:08:19.040 --> 01:08:23.040] one foundation of law of fraud and negligent misreputation is the difference
[01:08:23.040 --> 01:08:26.040] between an affirmative misrepresentation and failure to disclose.
[01:08:26.040 --> 01:08:30.040] The common law tort of fraud ordinarily requires a deliberately false statement
[01:08:30.040 --> 01:08:32.040] of material fact.
[01:08:32.040 --> 01:08:35.040] An omission or failure to disclose, on the other hand,
[01:08:35.040 --> 01:08:37.040] will not support a common law fraud claim,
[01:08:37.040 --> 01:08:41.040] but may be actionable as a constructive fraud or fraudulent concealment
[01:08:41.040 --> 01:08:46.040] if the defendant was under a particular duty to speak,
[01:08:46.040 --> 01:08:49.040] which may stem from the fiduciary duty or similar relationship of trust
[01:08:49.040 --> 01:08:51.040] or confidence.
[01:08:51.040 --> 01:08:54.040] So basically he's saying that I just need to reword it.
[01:08:54.040 --> 01:08:58.040] Plaintiff has not alleged the defendant had a fiduciary relationship with them.
[01:08:58.040 --> 01:09:01.040] So if I alleged that they did, which they do,
[01:09:01.040 --> 01:09:05.040] they have to put up proper signage to conform the consumer.
[01:09:05.040 --> 01:09:09.040] Does that sound like he just told me how to rewrite that?
[01:09:09.040 --> 01:09:17.040] Yes, and that's generally what they do.
[01:09:17.040 --> 01:09:23.040] So if he told you what was missing, he's clearly giving you hints to how to fix it.
[01:09:23.040 --> 01:09:31.040] He can't fix it for you, but he's pointing in the direction you need to look.
[01:09:31.040 --> 01:09:34.040] So he wants fraud, but he doesn't want some parts of fraud.
[01:09:34.040 --> 01:09:41.040] He wants trespass to shadows, but he doesn't want conspiracy to commit fraud.
[01:09:41.040 --> 01:09:43.040] He's got these little things going back and forth,
[01:09:43.040 --> 01:09:50.040] and then he certainly obviously does not want 1983 claims in here.
[01:09:50.040 --> 01:10:06.040] So can you bring the towing company under color of law?
[01:10:06.040 --> 01:10:10.040] That's the tricky one because yes and no.
[01:10:10.040 --> 01:10:11.040] Hold on.
[01:10:11.040 --> 01:10:13.040] Let me explain to everybody else why I asked that question.
[01:10:13.040 --> 01:10:15.040] You already know.
[01:10:15.040 --> 01:10:19.040] 1983 allows you to sue a public official.
[01:10:19.040 --> 01:10:24.040] If someone is acting in concert and collusion with a public official,
[01:10:24.040 --> 01:10:28.040] you can generally bring them in as well.
[01:10:28.040 --> 01:10:34.040] But in this case, you have a private company who's contracting for towing.
[01:10:34.040 --> 01:10:37.040] They're just a contractor.
[01:10:37.040 --> 01:10:46.040] Let's say they're ordered directly by a policeman to do something,
[01:10:46.040 --> 01:10:50.040] and what they're ordered to do is wrongful,
[01:10:50.040 --> 01:10:58.040] then their action becomes wrongful, but it becomes wrongful under color of law.
[01:10:58.040 --> 01:11:02.040] If they were not ordered by a public official to do this,
[01:11:02.040 --> 01:11:07.040] then it's going to be hard to bring them in under a 1983 claim.
[01:11:07.040 --> 01:11:09.040] But it doesn't harm you.
[01:11:09.040 --> 01:11:13.040] You don't need 1983 to sue them.
[01:11:13.040 --> 01:11:14.040] No.
[01:11:14.040 --> 01:11:16.040] They're not public officials.
[01:11:16.040 --> 01:11:18.040] You can sue the crap out of them.
[01:11:18.040 --> 01:11:22.040] 1983 is for special circumstances when it's a public official,
[01:11:22.040 --> 01:11:25.040] so that may be what he's towing you.
[01:11:25.040 --> 01:11:28.040] Well, he tried to tell me that, but before I put that in there,
[01:11:28.040 --> 01:11:32.040] I dug into this because I've heard people tell me, yeah, that's a tricky one,
[01:11:32.040 --> 01:11:35.040] including you several times.
[01:11:35.040 --> 01:11:38.040] But the thing is is that before a certain time,
[01:11:38.040 --> 01:11:40.040] I don't have the date right in front of me, but I looked it up.
[01:11:40.040 --> 01:11:42.040] There was rogue towing everywhere,
[01:11:42.040 --> 01:11:46.040] and the towing companies were trying to use this thing like a lien process
[01:11:46.040 --> 01:11:50.040] to justify their fees, right?
[01:11:50.040 --> 01:11:53.040] And then people were suing them and telling they were state actors,
[01:11:53.040 --> 01:11:56.040] and back then apparently they said, no, you're not a state actor.
[01:11:56.040 --> 01:11:59.040] So there's actual case laws that the towing company is not a state actor.
[01:11:59.040 --> 01:12:02.040] However, something changed along the line because there was so much
[01:12:02.040 --> 01:12:06.040] illegality on both sides that they actually put a lien process in place
[01:12:06.040 --> 01:12:09.040] for an automatic lien.
[01:12:09.040 --> 01:12:14.040] When you tow a vehicle, you have an automatic possessory lien on that vehicle.
[01:12:14.040 --> 01:12:20.040] Yeah, but that's a mechanic's lien.
[01:12:20.040 --> 01:12:21.040] Go ahead.
[01:12:21.040 --> 01:12:23.040] Yeah, it's like a small service lien,
[01:12:23.040 --> 01:12:25.040] but it automatically entangles you with the state at that point,
[01:12:25.040 --> 01:12:30.040] and so there's been some other talks in case law about that entanglement.
[01:12:30.040 --> 01:12:33.040] So it's one of those tug-and-war things that's going on,
[01:12:33.040 --> 01:12:35.040] and he actually mentioned that,
[01:12:35.040 --> 01:12:39.040] so he's playing both sides of my argument in the same opinion here,
[01:12:39.040 --> 01:12:40.040] which is interesting, what I just said.
[01:12:40.040 --> 01:12:42.040] So he obviously knows what I'm implying,
[01:12:42.040 --> 01:12:44.040] and I can't tell if he's hinting at me to go after it
[01:12:44.040 --> 01:12:48.040] or he doesn't want to touch it and he wants the appellate court to touch it.
[01:12:48.040 --> 01:12:55.040] Well, keep in mind, it is his duty to determine the facts
[01:12:55.040 --> 01:12:57.040] in accordance with the rules of evidence,
[01:12:57.040 --> 01:13:01.040] then apply the law as it comes to him to the facts in the case.
[01:13:01.040 --> 01:13:08.040] He may not bring in law of his own, even if he knows it's there.
[01:13:08.040 --> 01:13:12.040] It's your duty to bring him that law.
[01:13:12.040 --> 01:13:13.040] He did?
[01:13:13.040 --> 01:13:17.040] So he's giving you hints as to what to bring him.
[01:13:17.040 --> 01:13:22.040] But he also put in a subnote that even if I did have a claim under 1983
[01:13:22.040 --> 01:13:24.040] that towing company is not a state actor,
[01:13:24.040 --> 01:13:29.040] but he also put in the lien reference, which is interesting.
[01:13:29.040 --> 01:13:32.040] He specifically put in the lien reference.
[01:13:32.040 --> 01:13:42.040] So he's making me a little schizoid here, but it's, you know...
[01:13:42.040 --> 01:13:43.040] I don't know.
[01:13:43.040 --> 01:13:45.040] I don't have the document in front of me, so I can't look at it,
[01:13:45.040 --> 01:13:50.040] but use your best judgment.
[01:13:50.040 --> 01:13:51.040] Well, it's a little over my head.
[01:13:51.040 --> 01:13:54.040] I mean, this is complicated stuff, and he's obviously,
[01:13:54.040 --> 01:13:57.040] he's either annoyed with me that I've got this into it,
[01:13:57.040 --> 01:14:00.040] or he's actually stimulated by it.
[01:14:00.040 --> 01:14:02.040] I can't tell.
[01:14:02.040 --> 01:14:04.040] It sounds like he's trying to give you instruction,
[01:14:04.040 --> 01:14:07.040] and that's what they generally do.
[01:14:07.040 --> 01:14:08.040] Okay.
[01:14:08.040 --> 01:14:10.040] Except for the issues he ignored,
[01:14:10.040 --> 01:14:18.040] and those really need to be addressed with a motion for reconsideration.
[01:14:18.040 --> 01:14:19.040] Okay.
[01:14:19.040 --> 01:14:29.040] If he believes those weren't correct, get him to tell you why.
[01:14:29.040 --> 01:14:31.040] You mean the things he ignored, okay.
[01:14:31.040 --> 01:14:33.040] Yeah.
[01:14:33.040 --> 01:14:34.040] Okay.
[01:14:34.040 --> 01:14:36.040] And I do that in my next motion,
[01:14:36.040 --> 01:14:41.040] or I do that in conjunction with this amended complaint?
[01:14:41.040 --> 01:14:44.040] No, this is a motion on its own.
[01:14:44.040 --> 01:14:46.040] Before the amended complaint,
[01:14:46.040 --> 01:14:50.040] you file a motion for reconsideration and ask him to address these issues
[01:14:50.040 --> 01:14:53.040] that he missed.
[01:14:53.040 --> 01:14:55.040] Okay.
[01:14:55.040 --> 01:14:59.040] That I should be able to put together, okay.
[01:14:59.040 --> 01:15:00.040] Okay.
[01:15:00.040 --> 01:15:05.040] That will put the lawyers on their toes and cost them more money.
[01:15:05.040 --> 01:15:09.040] Yeah, well, that's the goal.
[01:15:09.040 --> 01:15:10.040] Okay.
[01:15:10.040 --> 01:15:11.040] Okay.
[01:15:11.040 --> 01:15:12.040] Thank you, Randy.
[01:15:12.040 --> 01:15:13.040] Good luck.
[01:15:13.040 --> 01:15:14.040] Thanks, guys.
[01:15:14.040 --> 01:15:18.040] Now we're going to go to what appears to be another first-time caller.
[01:15:18.040 --> 01:15:30.040] Oh, it looks like he has been checked out.
[01:15:30.040 --> 01:15:36.040] The next up would be Jill in Oregon.
[01:15:36.040 --> 01:15:38.040] Is that a first-time caller?
[01:15:38.040 --> 01:15:39.040] Yes.
[01:15:39.040 --> 01:15:41.040] Oh, okay.
[01:15:41.040 --> 01:15:44.040] Jill in Oregon.
[01:15:44.040 --> 01:15:46.040] Ted, I see you there,
[01:15:46.040 --> 01:15:50.040] but we will get to you and we'll give you plenty of time.
[01:15:50.040 --> 01:15:55.040] Jill in Oregon, what do you have for us today?
[01:15:55.040 --> 01:16:00.040] Randy, I have a long story.
[01:16:00.040 --> 01:16:03.040] Basically, the governor's tweet here in Oregon
[01:16:03.040 --> 01:16:07.040] set into motion a series of events that led to my termination
[01:16:07.040 --> 01:16:12.040] and blacklisting from the entire K-12 industry.
[01:16:12.040 --> 01:16:18.040] I'm calling to brainstorm some ideas on how I can write my pleadings
[01:16:18.040 --> 01:16:22.040] in terms of 1983 claims
[01:16:22.040 --> 01:16:29.040] and how I can add the insurer slash lawyer for my school in my claim.
[01:16:29.040 --> 01:16:30.040] Okay, hold on.
[01:16:30.040 --> 01:16:31.040] Hold on.
[01:16:31.040 --> 01:16:32.040] Let's take a step back.
[01:16:32.040 --> 01:16:37.040] Were you employed by a federal agency?
[01:16:37.040 --> 01:16:41.040] I was employed by a local public school.
[01:16:41.040 --> 01:16:42.040] Oh, okay.
[01:16:42.040 --> 01:16:48.040] So always you want to look at the state first.
[01:16:48.040 --> 01:16:55.040] The greatest power you have over these guys goes to money.
[01:16:55.040 --> 01:16:56.040] Hold on.
[01:16:56.040 --> 01:16:57.040] We're about to go to our sponsors.
[01:16:57.040 --> 01:17:00.040] We'll be right back.
[01:17:00.040 --> 01:17:05.040] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:44.040 --> 01:17:49.040] and click on the blue Michael Mears banner or email michaelmears at yahoo.com.
[01:17:49.040 --> 01:17:57.040] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:17:57.040 --> 01:18:00.040] to learn how to stop debt collectors now.
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[01:19:27.040 --> 01:19:48.040] Oh, the break was horrible.
[01:19:48.040 --> 01:19:52.040] It was awful.
[01:19:52.040 --> 01:19:54.040] Deborah was picking on me on the break.
[01:19:54.040 --> 01:19:56.040] You guys all ought to send her emails
[01:19:56.040 --> 01:20:00.040] and tell her to be sweet and nice to me on the breaks.
[01:20:00.040 --> 01:20:02.040] She was actually ordering me around.
[01:20:02.040 --> 01:20:06.040] Can you believe a woman was ordering me around?
[01:20:06.040 --> 01:20:08.040] Move that mic away from your face.
[01:20:08.040 --> 01:20:10.040] Try that.
[01:20:10.040 --> 01:20:11.040] Okay.
[01:20:11.040 --> 01:20:14.040] The mic was in my face, but I moved it.
[01:20:14.040 --> 01:20:16.040] Okay.
[01:20:16.040 --> 01:20:18.040] We were talking to Jill in Oregon.
[01:20:18.040 --> 01:20:19.040] Okay.
[01:20:19.040 --> 01:20:20.040] Go ahead, Jill.
[01:20:20.040 --> 01:20:21.040] Okay.
[01:20:21.040 --> 01:20:25.040] So let me go over the parties that I'm looking to sue right now.
[01:20:25.040 --> 01:20:29.040] That would be the governor, the public health director
[01:20:29.040 --> 01:20:33.040] of the Oregon Health Authority, which is the OHA.
[01:20:33.040 --> 01:20:34.040] Oh, wait a minute.
[01:20:34.040 --> 01:20:39.040] Is this about masks and COVID and all those issues?
[01:20:39.040 --> 01:20:40.040] Yes.
[01:20:40.040 --> 01:20:41.040] Wonderful.
[01:20:41.040 --> 01:20:44.040] Have you looked at the criminal complaint
[01:20:44.040 --> 01:20:47.040] that I filed against the Texas governor?
[01:20:47.040 --> 01:20:53.040] I have read some of it, but I haven't combed through it yet.
[01:20:53.040 --> 01:20:57.040] All of the crimes that I allege in there will...
[01:20:57.040 --> 01:21:02.040] The only thing that will change is the numbers by other states
[01:21:02.040 --> 01:21:06.040] when it goes to executive orders.
[01:21:06.040 --> 01:21:11.040] So that should give you a lot to work from.
[01:21:11.040 --> 01:21:12.040] Okay.
[01:21:12.040 --> 01:21:13.040] Go ahead.
[01:21:13.040 --> 01:21:14.040] Okay.
[01:21:14.040 --> 01:21:16.040] So I have the governor.
[01:21:16.040 --> 01:21:19.040] I have the director of public health,
[01:21:19.040 --> 01:21:24.040] who was the one who approved their rule that led to my termination.
[01:21:24.040 --> 01:21:27.040] I have my employer, which is the public school.
[01:21:27.040 --> 01:21:31.040] I have the education service district.
[01:21:31.040 --> 01:21:36.040] They are the HR subcontractor for the school.
[01:21:36.040 --> 01:21:40.040] They are not a regulatory agency.
[01:21:40.040 --> 01:21:43.040] They're just there to ensure compliance with state laws
[01:21:43.040 --> 01:21:48.040] and ADA and family leave and substitute teachers and all that stuff.
[01:21:48.040 --> 01:21:51.040] But they are a municipal corporation.
[01:21:51.040 --> 01:21:55.040] I have the union, of which I'm not a union member.
[01:21:55.040 --> 01:21:57.040] We'll get into that later on.
[01:21:57.040 --> 01:21:58.040] I have...
[01:21:58.040 --> 01:22:00.040] And I'm in help with this one.
[01:22:00.040 --> 01:22:04.040] The OSBA, that's the Oregon School Board Association.
[01:22:04.040 --> 01:22:08.040] They appear to be a private association,
[01:22:08.040 --> 01:22:15.040] but they perform only essential government services.
[01:22:15.040 --> 01:22:21.040] They are the schools and the ESD's insurer.
[01:22:21.040 --> 01:22:30.040] And it appears that they also provide legal defense for the schools and ESD.
[01:22:30.040 --> 01:22:34.040] Oh, and I'm probably going to sue the unemployment office as well.
[01:22:34.040 --> 01:22:39.040] Those are the parties in my current draft pleading.
[01:22:39.040 --> 01:22:40.040] Okay.
[01:22:40.040 --> 01:22:43.040] Hold on.
[01:22:43.040 --> 01:22:48.040] You have a lot of litigation here.
[01:22:48.040 --> 01:22:49.040] Yes.
[01:22:49.040 --> 01:22:54.040] Of all of these claims that you're bringing,
[01:22:54.040 --> 01:23:03.040] is there a single claim or a set of claims that if you got a ruling in your favor
[01:23:03.040 --> 01:23:09.040] would establish the rest of your claims?
[01:23:09.040 --> 01:23:14.040] I have for sure my ADA complaint, but that would not help.
[01:23:14.040 --> 01:23:21.040] I think my due process for termination is to slam dunk.
[01:23:21.040 --> 01:23:24.040] What I'm thinking is you have so many litigants here,
[01:23:24.040 --> 01:23:32.040] and if you are not an experienced litigator, it is a massive undertaking.
[01:23:32.040 --> 01:23:40.040] So you might look at it in a way that, okay,
[01:23:40.040 --> 01:23:51.040] you might look in Oregon law and see if they have a declaratory judgment act.
[01:23:51.040 --> 01:23:59.040] What action was taken that if the action was improper
[01:23:59.040 --> 01:24:06.040] would tend to establish foundation for all of your claims?
[01:24:06.040 --> 01:24:15.040] I would say the deprivation of rights under the color of law.
[01:24:15.040 --> 01:24:20.040] To general, who did something?
[01:24:20.040 --> 01:24:24.040] The governor, when you go after him, he'll be hard to get.
[01:24:24.040 --> 01:24:25.040] Right.
[01:24:25.040 --> 01:24:30.040] It's not about law. At the end of the day, it's all about politics.
[01:24:30.040 --> 01:24:36.040] Who is the most politically vulnerable person you could go after?
[01:24:36.040 --> 01:24:40.040] I would say public health director.
[01:24:40.040 --> 01:24:45.040] Probably the public health director because she was the one who approved that rule
[01:24:45.040 --> 01:24:48.040] out of the scope of her authority,
[01:24:48.040 --> 01:24:54.040] and there are actually full statutory prohibitions on what she did.
[01:24:54.040 --> 01:24:56.040] Okay, that rule.
[01:24:56.040 --> 01:25:03.040] So there is a rule that this person adopted essentially unilaterally,
[01:25:03.040 --> 01:25:15.040] and did it have the effect of cascading the other issues that you have?
[01:25:15.040 --> 01:25:19.040] What do you mean?
[01:25:19.040 --> 01:25:23.040] Did others act in furtherance of this rule?
[01:25:23.040 --> 01:25:24.040] Yes.
[01:25:24.040 --> 01:25:28.040] Okay.
[01:25:28.040 --> 01:25:35.040] Looking for something undermining all of what they did
[01:25:35.040 --> 01:25:39.040] that you can get a ruling on first that will establish standing
[01:25:39.040 --> 01:25:42.040] for the rest of your claims.
[01:25:42.040 --> 01:25:44.040] Oh, okay.
[01:25:44.040 --> 01:25:49.040] Make your life a lot easier if you can do a petition for declaratory judgment
[01:25:49.040 --> 01:25:53.040] because in a petition for declaratory judgment,
[01:25:53.040 --> 01:25:57.040] you're not making any claims against anyone,
[01:25:57.040 --> 01:26:05.040] so a motion to dismiss for failure to state a claim is not appropriate.
[01:26:05.040 --> 01:26:08.040] Get you to discovery quickly.
[01:26:08.040 --> 01:26:09.040] Okay.
[01:26:09.040 --> 01:26:14.040] And if you can find a key ruling that if it were ruled in your favor,
[01:26:14.040 --> 01:26:18.040] it would establish foundation for your claims for everybody else,
[01:26:18.040 --> 01:26:20.040] after that one first.
[01:26:20.040 --> 01:26:22.040] Okay.
[01:26:22.040 --> 01:26:25.040] They might not recognize what you're doing.
[01:26:25.040 --> 01:26:26.040] Right.
[01:26:26.040 --> 01:26:29.040] Especially if you do a declaratory judgment.
[01:26:29.040 --> 01:26:35.040] Declaratory judgment is a relatively recent remedy introduced in law,
[01:26:35.040 --> 01:26:40.040] and we had Tina Kohlbrook, she was going to ask her to file one
[01:26:40.040 --> 01:26:45.040] and told her that when you file this, the lawyers are not going to know what it is,
[01:26:45.040 --> 01:26:47.040] and they didn't.
[01:26:47.040 --> 01:26:50.040] She filed one in Texas and a foreclosure issue,
[01:26:50.040 --> 01:26:54.040] and the lawyer on the other side for one of the largest law firms in the country
[01:26:54.040 --> 01:26:59.040] filed a motion to dismiss for failure to state a claim of which cover can be had.
[01:26:59.040 --> 01:27:02.040] Well, that can't be filed in a declaratory judgment suit,
[01:27:02.040 --> 01:27:05.040] but the lawyer didn't understand it.
[01:27:05.040 --> 01:27:08.040] And Judge McBride, he was a real stinker,
[01:27:08.040 --> 01:27:15.040] he dismissed my complaint with prejudice for failure to state a claim.
[01:27:15.040 --> 01:27:22.040] If you do that with declaratory judgment, they did not understand what it was.
[01:27:22.040 --> 01:27:25.040] That will give you a great advantage.
[01:27:25.040 --> 01:27:28.040] Now, do I do this in federal court?
[01:27:28.040 --> 01:27:29.040] No, no, no.
[01:27:29.040 --> 01:27:34.040] States, I think all of the states have adopted a petition for declaratory judgment.
[01:27:34.040 --> 01:27:42.040] What that is, is you say to the court, I think I have a claim, but I'm not certain.
[01:27:42.040 --> 01:27:51.040] I believe this issue will be ruled this way, and if it is, then I have a claim.
[01:27:51.040 --> 01:27:58.040] So to save both parties and the court a lot of potentially unnecessary litigation,
[01:27:58.040 --> 01:28:04.040] I'm asking the court to give me a ruling on a point of law.
[01:28:04.040 --> 01:28:06.040] I'm not asking for any damages.
[01:28:06.040 --> 01:28:08.040] I'm not asking for attorney fees.
[01:28:08.040 --> 01:28:10.040] I'm not asking for anything.
[01:28:10.040 --> 01:28:13.040] Just give me a ruling on point of law.
[01:28:13.040 --> 01:28:18.040] That's immune from a Rule 12, motion to dismiss for failure to state a claim.
[01:28:18.040 --> 01:28:21.040] And every state has a form of that.
[01:28:21.040 --> 01:28:26.040] There's a special kind that doesn't have a claim.
[01:28:26.040 --> 01:28:35.040] If a pro se files a suit, the other side, after the Ickball decision,
[01:28:35.040 --> 01:28:40.040] Ashcroft v. Ickball, or Ickball v. Ashcroft, one of those,
[01:28:40.040 --> 01:28:43.040] they changed the pleading standards.
[01:28:43.040 --> 01:28:47.040] And they said they didn't intend to heighten the pleading standards, but they did.
[01:28:47.040 --> 01:28:49.040] They heightened them dramatically.
[01:28:49.040 --> 01:28:52.040] So if a pro se files, the first thing the other side does,
[01:28:52.040 --> 01:28:55.040] motion to dismiss for failure to state a claim,
[01:28:55.040 --> 01:29:01.040] they essentially claim you didn't completely prove out your entire suit in the original claim.
[01:29:01.040 --> 01:29:06.040] And if it's pro se, the judge had granted out of hand.
[01:29:06.040 --> 01:29:11.040] But with a petition for declaratory judgment, they can't do that.
[01:29:11.040 --> 01:29:17.040] And you get practice, highly focused issue.
[01:29:17.040 --> 01:29:20.040] You get the other side to throw all their trash at you.
[01:29:20.040 --> 01:29:26.040] So you get experience in the jump they're going to do,
[01:29:26.040 --> 01:29:32.040] and it kind of warms you up for the real deal.
[01:29:32.040 --> 01:29:34.040] Now, I have a question on this.
[01:29:34.040 --> 01:29:41.040] So if I do this, do I serve all the expected defendants in the petition,
[01:29:41.040 --> 01:29:46.040] or just the main, the OHA, who I think would do it?
[01:29:46.040 --> 01:29:49.040] Just the attorney general, that's all.
[01:29:49.040 --> 01:29:51.040] Hang on, we're about to go to our sponsors,
[01:29:51.040 --> 01:29:56.040] Randy Kelton, Brett Felton, Ruth of La Radio.
[01:29:56.040 --> 01:29:57.040] I'm not going to give out the call-in number yet.
[01:29:57.040 --> 01:29:59.040] We've got a full board of callers.
[01:29:59.040 --> 01:30:02.040] Hang on, we'll be right back.
[01:30:02.040 --> 01:30:06.040] Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:06.040 --> 01:30:11.040] A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:11.040 --> 01:30:17.040] I'm Dr. Catherine Albrecht, and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:17.040 --> 01:30:19.040] Privacy is under attack.
[01:30:19.040 --> 01:30:22.040] When you give up data about yourself, you'll never get it back again.
[01:30:22.040 --> 01:30:27.040] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.040 --> 01:30:32.040] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.040 --> 01:30:35.040] Privacy, it's worth hanging on to.
[01:30:35.040 --> 01:30:38.040] This public service announcement is brought to you by StartPage.com,
[01:30:38.040 --> 01:30:42.040] the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.040 --> 01:30:46.040] Start over with StartPage.
[01:30:46.040 --> 01:30:50.040] Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.040 --> 01:30:51.040] Wrong.
[01:30:51.040 --> 01:30:56.040] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.040 --> 01:31:03.040] They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:03.040 --> 01:31:06.040] The study's authors say artificial sweeteners trigger the appetite,
[01:31:06.040 --> 01:31:10.040] but unlike regular sugars, don't deliver anything to squelch it.
[01:31:10.040 --> 01:31:16.040] Taking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:16.040 --> 01:31:19.040] So use natural sweeteners to maintain a healthy weight,
[01:31:19.040 --> 01:31:24.040] and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:24.040 --> 01:31:30.040] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.040 --> 01:31:36.040] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.040 --> 01:31:38.040] The government says that fire brought it down.
[01:31:38.040 --> 01:31:43.040] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.040 --> 01:31:46.040] Over 6,000 of my fellow service members have given their lives.
[01:31:46.040 --> 01:31:49.040] And thousands of my fellow first responders are dying.
[01:31:49.040 --> 01:31:50.040] I'm not a conspiracy theorist.
[01:31:50.040 --> 01:31:51.040] I'm a structural engineer.
[01:31:51.040 --> 01:31:52.040] I'm a New York City correction officer.
[01:31:52.040 --> 01:31:53.040] I'm an Air Force pilot.
[01:31:53.040 --> 01:31:55.040] I'm a father who lost his son.
[01:31:55.040 --> 01:31:58.040] We're Americans, and we deserve the truth.
[01:31:58.040 --> 01:32:02.040] Go to RememberBuilding7.org today.
[01:32:02.040 --> 01:32:05.040] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:05.040 --> 01:32:08.040] In today's America, we live in an us-against-them society,
[01:32:08.040 --> 01:32:10.040] and if we the people are ever going to have a free society,
[01:32:10.040 --> 01:32:13.040] then we're going to have to stand and defend our own rights.
[01:32:13.040 --> 01:32:15.040] Among those rights are the right to travel freely from place to place,
[01:32:15.040 --> 01:32:17.040] the right to act in our own private capacity,
[01:32:17.040 --> 01:32:20.040] and most importantly, the right to due process of law.
[01:32:20.040 --> 01:32:22.040] Traffic courts afford us the least expensive opportunity
[01:32:22.040 --> 01:32:25.040] to learn how to enforce and preserve our rights through due process.
[01:32:25.040 --> 01:32:28.040] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[01:32:28.040 --> 01:32:31.040] has put together the most comprehensive teaching tool available
[01:32:31.040 --> 01:32:35.040] that will help you understand what due process is and how to hold courts to the rule of law.
[01:32:35.040 --> 01:32:37.040] You can get your own copy of this invaluable material
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[01:32:42.040 --> 01:32:45.040] The Texas Transportation Code, The Law Versus the Lie,
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[01:33:24.040 --> 01:33:37.040] Music
[01:33:37.040 --> 01:33:42.040] The wicked come with temptations
[01:33:42.040 --> 01:33:47.040] They're trying to buy the whole place
[01:33:47.040 --> 01:33:53.040] They want to poison the nation
[01:33:53.040 --> 01:33:58.040] Because they're falling from grace
[01:33:58.040 --> 01:34:04.040] I will not drink from that cup
[01:34:04.040 --> 01:34:09.040] I just can't act that way
[01:34:09.040 --> 01:34:14.040] They got this problem they're dreaming of
[01:34:14.040 --> 01:34:18.040] And I won't be the slave come what may
[01:34:18.040 --> 01:34:23.040] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:34:23.040 --> 01:34:25.040] and we're talking to Jill in Oregon.
[01:34:25.040 --> 01:34:30.040] And Jill, you have an employment,
[01:34:30.040 --> 01:34:35.040] it sounds like an employment contract issue with the state.
[01:34:35.040 --> 01:34:40.040] And you have so many claims
[01:34:40.040 --> 01:34:45.040] that just addressing one of these claims can get extremely complex
[01:34:45.040 --> 01:34:49.040] and you can absolutely get buried under paperwork,
[01:34:49.040 --> 01:34:54.040] especially if this is your first case.
[01:34:54.040 --> 01:34:59.040] Is this the first case that you've attempted to adjudicate yourself?
[01:34:59.040 --> 01:35:01.040] Yes.
[01:35:01.040 --> 01:35:06.040] So you don't realize yet how complex it will be.
[01:35:06.040 --> 01:35:09.040] But it's not something insurmountable
[01:35:09.040 --> 01:35:14.040] because you don't have to know everything about everything all at once.
[01:35:14.040 --> 01:35:17.040] They will bring up an issue.
[01:35:17.040 --> 01:35:24.040] Then you have to go in and dig into that issue in detail to be able to address it.
[01:35:24.040 --> 01:35:29.040] And when you're not experienced, you know, it takes me a lot,
[01:35:29.040 --> 01:35:36.040] but I have massive amounts of data already in place.
[01:35:36.040 --> 01:35:41.040] When they spoke earlier about where someone had a duty
[01:35:41.040 --> 01:35:45.040] and Chris in Colorado,
[01:35:45.040 --> 01:35:51.040] the judge spoke to the towing company having a duty to speak,
[01:35:51.040 --> 01:35:52.040] and they were silent.
[01:35:52.040 --> 01:35:54.040] Well, that goes to Twill.
[01:35:54.040 --> 01:35:56.040] I already know that.
[01:35:56.040 --> 01:35:59.040] I don't have to go research that out.
[01:35:59.040 --> 01:36:04.040] I know exactly what Twill says and exactly how to use Twill.
[01:36:04.040 --> 01:36:06.040] That takes a bit.
[01:36:06.040 --> 01:36:11.040] When it's your first time to start out, you don't know where to go.
[01:36:11.040 --> 01:36:17.040] And we talk about where to go, how to do these things, but it takes a bit.
[01:36:17.040 --> 01:36:26.040] So what I was suggesting is we find a single really focused issue
[01:36:26.040 --> 01:36:35.040] that you're saying they violated a law or a rule or a regulation.
[01:36:35.040 --> 01:36:38.040] Let's adjudicate that law or rule or regulation.
[01:36:38.040 --> 01:36:44.040] And you say to the court, I think that it will be ruled this way,
[01:36:44.040 --> 01:36:47.040] and if it does, I'll have this claim, but I'm not sure.
[01:36:47.040 --> 01:36:49.040] So before I waste the court's time,
[01:36:49.040 --> 01:36:58.040] I want a determination based on these facts and this law whether or not I have a claim.
[01:36:58.040 --> 01:37:02.040] Really focus to one thing, and then they throw everything you got at you,
[01:37:02.040 --> 01:37:08.040] and you're not trying to handle half a dozen different issues all at one time
[01:37:08.040 --> 01:37:14.040] with four or five lawyers throwing papers at you, trying to bury you under paperwork.
[01:37:14.040 --> 01:37:16.040] Right.
[01:37:16.040 --> 01:37:20.040] Declaratory judgment is perfect for that.
[01:37:20.040 --> 01:37:30.040] In a declaratory judgment suit, you merely ask the judge to render a ruling on a singular point of law.
[01:37:30.040 --> 01:37:32.040] Do not ask for any damages.
[01:37:32.040 --> 01:37:39.040] Now, I had one guy did that, and the court awarded him attorney fees,
[01:37:39.040 --> 01:37:44.040] and he showed me the ruling, and I said, you need to object to that ruling.
[01:37:44.040 --> 01:37:51.040] The judge is trying to screw you, because if you allow him to award attorney fees,
[01:37:51.040 --> 01:37:56.040] then your suit is no longer a declaratory judgment suit.
[01:37:56.040 --> 01:37:59.040] It's a suit for damages.
[01:37:59.040 --> 01:38:10.040] So if they try to do any kind of damages or attorney fees,
[01:38:10.040 --> 01:38:15.040] any kind of money enter into this, you object like crazy.
[01:38:15.040 --> 01:38:19.040] Keep it declaratory judgment, because if he rules against you,
[01:38:19.040 --> 01:38:25.040] and it's not declaratory judgment, then you've lost your claim.
[01:38:25.040 --> 01:38:29.040] If it's declaratory judgment and he rules against you in a declaratory judgment,
[01:38:29.040 --> 01:38:36.040] you haven't adjudicated your claim, so you can change the argument you bring in your claim.
[01:38:36.040 --> 01:38:38.040] You don't lose any ground.
[01:38:38.040 --> 01:38:47.040] But the real way we win is not in the trial court.
[01:38:47.040 --> 01:38:55.040] You should never expect to win your case in the trial court,
[01:38:55.040 --> 01:39:03.040] because the real place to win is in the court of appeals.
[01:39:03.040 --> 01:39:11.040] So your only purpose in the trial court is to set the record for appeal.
[01:39:11.040 --> 01:39:18.040] And here, if you do declaratory judgment and the judge rules against you, you get to appeal it.
[01:39:18.040 --> 01:39:24.040] You get to appeal one tiny, focused, singular issue.
[01:39:24.040 --> 01:39:29.040] And in doing that, you'll learn how to put together an appellate document.
[01:39:29.040 --> 01:39:36.040] You'll learn how to build tables of content and tables of authorities,
[01:39:36.040 --> 01:39:38.040] things you've probably never heard of.
[01:39:38.040 --> 01:39:45.040] You'll learn how to create attachments and how to bind in the attachments,
[01:39:45.040 --> 01:39:52.040] how to produce the attachments and shrink them in PDFs so they're not too big to send to the clerk.
[01:39:52.040 --> 01:39:58.040] There's a lot of little details that you'll learn in a declaratory judgment suit that will,
[01:39:58.040 --> 01:40:07.040] when you get to the real suit, most of this technical stuff you've already got down.
[01:40:07.040 --> 01:40:12.040] So you can spend your time actually taking these guys on.
[01:40:12.040 --> 01:40:17.040] I'm talking about declaratory judgment as the short course.
[01:40:17.040 --> 01:40:20.040] Does that make sense?
[01:40:20.040 --> 01:40:21.040] Yeah.
[01:40:21.040 --> 01:40:35.040] So if they, if it's in my favor, then it can go, I don't understand how it can proceed to an actual case.
[01:40:35.040 --> 01:40:47.040] Oh, if they rule in your favor, the actual case is res judicata, means already been adjudicated.
[01:40:47.040 --> 01:40:53.040] Then it's not a matter of whether or not you win, it's a matter of how much.
[01:40:53.040 --> 01:40:58.040] Because once the ruling is in place, another judge cannot touch it.
[01:40:58.040 --> 01:41:05.040] If you heard Chris early on talking about he got a ruling in his favor in the state court,
[01:41:05.040 --> 01:41:13.040] and now the federal court's trying to change that ruling, that is a big time no-no.
[01:41:13.040 --> 01:41:23.040] Because the ruling was already made that the towing company acted fraudulently.
[01:41:23.040 --> 01:41:28.040] And now the trial court in the Fed is trying to say it wasn't fraud.
[01:41:28.040 --> 01:41:31.040] It may not be fraud, doesn't make any difference.
[01:41:31.040 --> 01:41:37.040] The state court said it was fraud, and the Feds cannot disturb that state court ruling.
[01:41:37.040 --> 01:41:41.040] They have to act with that ruling in place.
[01:41:41.040 --> 01:41:50.040] Everything they do has to be in concert with the res judicata, what's already been ruled.
[01:41:50.040 --> 01:41:56.040] And that's the great thing about declaratory judgment.
[01:41:56.040 --> 01:42:00.040] And it will cost them more money.
[01:42:00.040 --> 01:42:06.040] Now a lawyer will never say this, and if a lawyer adjudicates a case in a way so that it costs more money,
[01:42:06.040 --> 01:42:10.040] that's called churning and he can be sanctioned.
[01:42:10.040 --> 01:42:13.040] But you're not a lawyer.
[01:42:13.040 --> 01:42:14.040] Right.
[01:42:14.040 --> 01:42:18.040] You don't care how much it costs them.
[01:42:18.040 --> 01:42:25.040] So your first communication you get from a lawyer, you tell them don't bother me, don't talk to me,
[01:42:25.040 --> 01:42:27.040] I didn't sue you, get lost.
[01:42:27.040 --> 01:42:30.040] He'll send you another one bar grieving.
[01:42:30.040 --> 01:42:36.040] That's going to give him apoplexy because it's going to cost him between 15 and 20 grand on his insurance.
[01:42:36.040 --> 01:42:40.040] And the second one's likely to get his insurance canceled.
[01:42:40.040 --> 01:42:43.040] So he's going to hit the road and they're going to have to hire another lawyer.
[01:42:43.040 --> 01:42:45.040] It's going to cost them more money.
[01:42:45.040 --> 01:42:51.040] Yeah, we can show you how to do the legal part.
[01:42:51.040 --> 01:42:57.040] But better than that, we got tricks and traps.
[01:42:57.040 --> 01:43:06.040] I spent a long time asking people what are the tricks and traps the lawyers use to screw over clients.
[01:43:06.040 --> 01:43:08.040] And we've got a bunch of them.
[01:43:08.040 --> 01:43:10.040] And we use them against them.
[01:43:10.040 --> 01:43:16.040] And it turns out that lawyers particularly are low-hanging fruit.
[01:43:16.040 --> 01:43:19.040] You start hammering their lawyers.
[01:43:19.040 --> 01:43:27.040] You start asking very finely focused questions that they didn't have to research and answer.
[01:43:27.040 --> 01:43:32.040] The cost of litigation for the other side will absolutely skyrocket.
[01:43:32.040 --> 01:43:36.040] And then at one point you ask the judge to order mediation.
[01:43:36.040 --> 01:43:43.040] Then they'll come to the table and they can write you a check without losing face.
[01:43:43.040 --> 01:43:46.040] It's not like you think it is.
[01:43:46.040 --> 01:43:49.040] It doesn't work the way they told you in high school.
[01:43:49.040 --> 01:43:51.040] It's all about the money at the end of the day.
[01:43:51.040 --> 01:44:00.040] Hang on, Randy Kelton, Brett Felton, we'll be right back.
[01:44:00.040 --> 01:44:04.040] Through advances in technology, our lives have greatly improved.
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[01:44:09.040 --> 01:44:11.040] And it's time we changed all that.
[01:44:11.040 --> 01:44:17.040] Our primary defense against aging and disease in this toxic environment is good nutrition.
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[01:46:26.040 --> 01:46:34.040] Okay, we are back.
[01:46:34.040 --> 01:46:38.040] Brenda Kelton, Brett Fountain, Rule of Law Radio.
[01:46:38.040 --> 01:46:46.040] And on this Friday, the 27th day of May 2022,
[01:46:46.040 --> 01:46:49.040] and we're talking to Jill in Oregon.
[01:46:49.040 --> 01:46:55.040] And Jill, I know you want to talk about all of the things they did,
[01:46:55.040 --> 01:46:57.040] but we're not ready yet.
[01:46:57.040 --> 01:46:59.040] Have you written the timeline?
[01:46:59.040 --> 01:47:01.040] Yes.
[01:47:01.040 --> 01:47:02.040] Wonderful.
[01:47:02.040 --> 01:47:06.040] Are you on one of our telegram channels?
[01:47:06.040 --> 01:47:07.040] Yes.
[01:47:07.040 --> 01:47:13.040] I'm on your Law Society, the Mass Society, and Alphonse's group.
[01:47:13.040 --> 01:47:15.040] Who?
[01:47:15.040 --> 01:47:16.040] Alphonse?
[01:47:16.040 --> 01:47:23.040] Who is he?
[01:47:23.040 --> 01:47:26.040] Yeah, we haven't had Alphonse on the show in a long time.
[01:47:26.040 --> 01:47:32.040] We probably need to get him back and beam up a little bit.
[01:47:32.040 --> 01:47:33.040] No free rides.
[01:47:33.040 --> 01:47:34.040] Okay, that's good.
[01:47:34.040 --> 01:47:35.040] That's great.
[01:47:35.040 --> 01:47:40.040] So now I think you better understand what I'm talking about.
[01:47:40.040 --> 01:47:43.040] Did you get your jurisdiction area?
[01:47:43.040 --> 01:47:45.040] I did.
[01:47:45.040 --> 01:47:48.040] Did you say you did or didn't?
[01:47:48.040 --> 01:47:51.040] I did, but I haven't finished it yet.
[01:47:51.040 --> 01:47:58.040] Okay, I can always tell when someone's been through jurisdiction area.
[01:47:58.040 --> 01:48:00.040] When someone's been through jurisdiction area,
[01:48:00.040 --> 01:48:04.040] we have a whole different conversation.
[01:48:04.040 --> 01:48:08.040] I had a guy from Michigan, and he's telling me what went on.
[01:48:08.040 --> 01:48:11.040] I said, well, you need to file a new auditory appeal.
[01:48:11.040 --> 01:48:13.040] He said, I did that.
[01:48:13.040 --> 01:48:15.040] I mentioned about three or four things.
[01:48:15.040 --> 01:48:17.040] He said, oh, I did that.
[01:48:17.040 --> 01:48:19.040] I said, have you been through jurisdiction area?
[01:48:19.040 --> 01:48:21.040] He said, oh, yeah, I've been through jurisdiction area.
[01:48:21.040 --> 01:48:23.040] So I'll be able to tell.
[01:48:23.040 --> 01:48:31.040] And you might look at my e-book on the rule of law radio site.
[01:48:31.040 --> 01:48:32.040] I brought that up.
[01:48:32.040 --> 01:48:36.040] I was going to start doing some presentations from it.
[01:48:36.040 --> 01:48:40.040] But when I was telling you that it's not like you think it is,
[01:48:40.040 --> 01:48:44.040] I don't talk about this a whole lot on the channel.
[01:48:44.040 --> 01:48:52.040] But nothing in law is the way that it appears.
[01:48:52.040 --> 01:48:55.040] Yes, I'm a creature of statute.
[01:48:55.040 --> 01:49:00.040] And I follow the law and use it religiously.
[01:49:00.040 --> 01:49:05.040] But I fully understand that you can never expect to win your case
[01:49:05.040 --> 01:49:09.040] simply because you have the law and the facts on your side.
[01:49:09.040 --> 01:49:13.040] To think so is naive.
[01:49:13.040 --> 01:49:16.040] You need the law and the facts.
[01:49:16.040 --> 01:49:23.040] But that's just a tool you get to use to get to the real meat.
[01:49:23.040 --> 01:49:28.040] And that is that everything's political.
[01:49:28.040 --> 01:49:31.040] Once you understand that everything's political,
[01:49:31.040 --> 01:49:35.040] when I say that, people hear it and they just shudder.
[01:49:35.040 --> 01:49:37.040] It sounds horrible.
[01:49:37.040 --> 01:49:39.040] But it's not horrible.
[01:49:39.040 --> 01:49:44.040] It's only a problem if you don't realize that everything's political.
[01:49:44.040 --> 01:49:48.040] Once you realize that everything is political,
[01:49:48.040 --> 01:49:55.040] then you become the most politically powerful person in the room.
[01:49:55.040 --> 01:50:00.040] I filed a criminal charge against the governor.
[01:50:00.040 --> 01:50:06.040] And I also filed it with a grand jury in Travis County.
[01:50:06.040 --> 01:50:12.040] And I wanted to file it with a magistrate.
[01:50:12.040 --> 01:50:17.040] So I filed it with the Chief Justice of the Supreme.
[01:50:17.040 --> 01:50:19.040] I can do that.
[01:50:19.040 --> 01:50:24.040] I can do that because I'm a citizen in a republic,
[01:50:24.040 --> 01:50:28.040] and that guy works for me.
[01:50:28.040 --> 01:50:31.040] That's the judge that answers to me.
[01:50:31.040 --> 01:50:35.040] Everybody else essentially answers to him.
[01:50:35.040 --> 01:50:38.040] But he answers to me.
[01:50:38.040 --> 01:50:42.040] And I filed a complaint with him, and he did not issue a warrant.
[01:50:42.040 --> 01:50:45.040] I'm going to sue him personally.
[01:50:45.040 --> 01:50:53.040] Chief Justice, the only ones who can do that are citizens.
[01:50:53.040 --> 01:50:55.040] You are the most powerful person in the room.
[01:50:55.040 --> 01:50:58.040] And once you understand the politics, you can bargain with them.
[01:50:58.040 --> 01:51:01.040] You can judicial conduct complaint the judge.
[01:51:01.040 --> 01:51:06.040] You can file professional conduct complaints against police officers.
[01:51:06.040 --> 01:51:13.040] You can just hammer them big time, and they can't do anything back.
[01:51:13.040 --> 01:51:17.040] You can ruin their careers, and there's nothing to do about it.
[01:51:17.040 --> 01:51:21.040] Now, it's not my purpose to ruin people's careers.
[01:51:21.040 --> 01:51:28.040] But when you go into this, you need to understand where the action is really at.
[01:51:28.040 --> 01:51:32.040] And a good place to get a start is this jurisdiction.
[01:51:32.040 --> 01:51:35.040] I'm sorry, Declaration of Judgment suit.
[01:51:35.040 --> 01:51:37.040] And we'll help you on the channel.
[01:51:37.040 --> 01:51:40.040] You've got lots of people there that can help.
[01:51:40.040 --> 01:51:42.040] Okay, we've got a timeline.
[01:51:42.040 --> 01:51:45.040] Can you send me the timeline?
[01:51:45.040 --> 01:51:50.040] Yes, Randy at ruleoflawradio.com.
[01:51:50.040 --> 01:51:51.040] Yes.
[01:51:51.040 --> 01:51:54.040] Once I've looked at the timeline, then next week call in,
[01:51:54.040 --> 01:51:57.040] and we can have a whole different conversation.
[01:51:57.040 --> 01:51:58.040] Then I can look more.
[01:51:58.040 --> 01:52:08.040] I can go through it and try to pick out the key legal issues relative to your circumstance.
[01:52:08.040 --> 01:52:10.040] And then we will look through them
[01:52:10.040 --> 01:52:14.040] and see which ones would make the best petitions for declaratory judgment.
[01:52:14.040 --> 01:52:19.040] You can ask for more judgments than one in one filing.
[01:52:19.040 --> 01:52:27.040] And so you get one ruling in your favor, it's all over, guys.
[01:52:27.040 --> 01:52:32.040] Okay, get me that timeline and call in next week.
[01:52:32.040 --> 01:52:39.040] Do you want me to add my potential causes of action to that as well, my ideas?
[01:52:39.040 --> 01:52:41.040] Okay, go ahead.
[01:52:41.040 --> 01:52:45.040] You have ideas about causes of action?
[01:52:45.040 --> 01:52:46.040] Yes.
[01:52:46.040 --> 01:52:47.040] Okay.
[01:52:47.040 --> 01:52:54.040] Well, she's asking you, would you like her to include in this email,
[01:52:54.040 --> 01:52:57.040] include her potential causes of action?
[01:52:57.040 --> 01:52:59.040] No.
[01:52:59.040 --> 01:53:00.040] Okay.
[01:53:00.040 --> 01:53:03.040] This is a process.
[01:53:03.040 --> 01:53:09.040] We build the timeline first, and we won't use that in court at all.
[01:53:09.040 --> 01:53:15.040] Once we have the timeline built, then the next thing we do is our argument and support.
[01:53:15.040 --> 01:53:18.040] You know, everybody wants to tell their whole story.
[01:53:18.040 --> 01:53:21.040] Well, here we tell the whole story.
[01:53:21.040 --> 01:53:23.040] Now, this won't be the first thing in your lawsuit.
[01:53:23.040 --> 01:53:26.040] It'll be about the third or fourth thing down.
[01:53:26.040 --> 01:53:30.040] But you build the whole story.
[01:53:30.040 --> 01:53:34.040] They did this, and because they did this, I have these claims.
[01:53:34.040 --> 01:53:36.040] You put everything in it.
[01:53:36.040 --> 01:53:42.040] Now, from that, we look at that and look at the potential claims you have.
[01:53:42.040 --> 01:53:49.040] You're going to have more potential claims than you can possibly adjudicate.
[01:53:49.040 --> 01:53:51.040] It's just the way it works.
[01:53:51.040 --> 01:53:56.040] So you look at all of the claims you have and then decide,
[01:53:56.040 --> 01:54:05.040] how do we select those claims that all have the appearance of adding one to the other?
[01:54:05.040 --> 01:54:09.040] There will be claims that don't seem associated with anything.
[01:54:09.040 --> 01:54:20.040] We want to pull all of those claims that makes it look like all of this was part of a concerted wrongful effort
[01:54:20.040 --> 01:54:28.040] so that all of the claims we bring, each first claim supports the next and supports the next.
[01:54:28.040 --> 01:54:30.040] So it leads logically.
[01:54:30.040 --> 01:54:37.040] So a reader reads it, and he can stitch all these pieces together as he reads through it.
[01:54:37.040 --> 01:54:51.040] Then from all of the claims, we extract causes of action and tort claims.
[01:54:51.040 --> 01:54:53.040] I'm sorry, I didn't say that right.
[01:54:53.040 --> 01:54:58.040] In our argument, we just put down everything they did wrong.
[01:54:58.040 --> 01:55:04.040] And then from those, we decide what claims and causes of action.
[01:55:04.040 --> 01:55:09.040] Then we pick only those that fit our storyline.
[01:55:09.040 --> 01:55:12.040] And then the last thing we do is a statement of facts.
[01:55:12.040 --> 01:55:23.040] Well, the next thing, we pick those facts that would lead a reasonable person of ordinary prudence
[01:55:23.040 --> 01:55:27.040] to the conclusions you want them to come to.
[01:55:27.040 --> 01:55:33.040] In the statement of facts, you don't use any conclusionary language
[01:55:33.040 --> 01:55:37.040] like he improperly did this.
[01:55:37.040 --> 01:55:39.040] No, no, you just say he did this.
[01:55:39.040 --> 01:55:40.040] Okay.
[01:55:40.040 --> 01:55:46.040] But you stick those things together because the first thing you're going to do
[01:55:46.040 --> 01:55:51.040] and the last thing you're going to write is an introduction.
[01:55:51.040 --> 01:56:01.040] Once you have all your facts down, then once you have your argument and support finished
[01:56:01.040 --> 01:56:06.040] and you've taken out all of the issues you're not going to address,
[01:56:06.040 --> 01:56:09.040] now you've got all of the things you're going to speak to.
[01:56:09.040 --> 01:56:17.040] Then you go up and create a statement of facts that will tend to cause a reasonable person
[01:56:17.040 --> 01:56:22.040] of ordinary prudence to stitch these facts together in a way
[01:56:22.040 --> 01:56:29.040] so that they will come to the conclusions that you came to in your argument and support.
[01:56:29.040 --> 01:56:39.040] Once you get that done, then you create an introduction and you say this is what I will prove.
[01:56:39.040 --> 01:56:49.040] So now you're telling the reader the context from which to construe the facts that you're giving them.
[01:56:49.040 --> 01:56:55.040] So the reader will read it from the context of your introduction.
[01:56:55.040 --> 01:56:59.040] And primarily this is written for the judge.
[01:56:59.040 --> 01:57:04.040] The judge may not agree with all of your issues,
[01:57:04.040 --> 01:57:08.040] but you want him to be able to stitch the facts together
[01:57:08.040 --> 01:57:15.040] and be able to see and understand how you came to the conclusions you came to.
[01:57:15.040 --> 01:57:20.040] If he reads those facts and then he goes down to the argument and support
[01:57:20.040 --> 01:57:28.040] and you add law to the facts and show how these facts lead to a specific conclusion,
[01:57:28.040 --> 01:57:34.040] and it's the conclusion he came to from the facts, he's going to trust you.
[01:57:34.040 --> 01:57:38.040] That's something that happens outside of conscious awareness.
[01:57:38.040 --> 01:57:49.040] But if you think like he thinks, he's going to tend to trust you because he trusts him.
[01:57:49.040 --> 01:57:54.040] My primary study is not law, it's psychology.
[01:57:54.040 --> 01:58:05.040] And this is a method that I have developed to lead the mind from the introduction to the prayer.
[01:58:05.040 --> 01:58:08.040] And we'll walk you through each of these steps.
[01:58:08.040 --> 01:58:14.040] It's much easier to do it with a petition for declaratory judgment because you've only got one issue.
[01:58:14.040 --> 01:58:19.040] So each of these parts will be much smaller and much easier to do.
[01:58:19.040 --> 01:58:26.040] And then when you get to the real deal, you'll give these guys something to deal with.
[01:58:26.040 --> 01:58:33.040] You saw my complaint against the governors, 150 pages.
[01:58:33.040 --> 01:58:40.040] But it's 150 pages of small issues stitched together, one after the other.
[01:58:40.040 --> 01:58:45.040] I did that just exactly the way I'm suggesting you do this one.
[01:58:45.040 --> 01:58:50.040] Hang on, go into our sponsors, we'll be right back.
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