ROL_2022-10-27_16k.timecode
[00:00.000 --> 00:05.540] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.540 --> 00:09.540] They guarantee the specific freedoms Americans should know and protect.
[00:09.540 --> 00:10.920] Our liberty depends on it.
[00:10.920 --> 00:14.940] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.940 --> 00:17.040] your First Amendment rights.
[00:17.040 --> 00:18.640] Privacy is under attack.
[00:18.640 --> 00:22.240] When you give up data about yourself, you'll never get it back again.
[00:22.240 --> 00:27.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.080] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.080 --> 00:33.080] Privacy.
[00:33.080 --> 00:34.760] It's worth hanging on to.
[00:34.760 --> 00:39.040] This public service announcement is brought to you by Startpage.com, the private search
[00:39.040 --> 00:42.600] engine alternative to Google, Yahoo, and Bing.
[00:42.600 --> 00:44.600] Start over with Startpage.
[00:44.600 --> 00:45.600] Spar.
[00:45.600 --> 00:47.880] It's what fighters do.
[00:47.880 --> 00:50.840] It's also how I remember the five guarantees of the First Amendment.
[00:50.840 --> 00:54.560] If you plan to take away my rights, I'm going to spar with you.
[00:54.560 --> 01:01.680] Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.680 --> 01:03.200] and R for religion.
[01:03.200 --> 01:07.080] Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.080 --> 01:08.640] assembly, and religion.
[01:08.640 --> 01:10.600] But petition for redress is another matter.
[01:10.600 --> 01:14.680] We have the right to petition the government for a redress of grievances.
[01:14.680 --> 01:18.200] It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.200 --> 01:20.880] the reasons without fear of being thrown into jail.
[01:20.880 --> 01:22.840] I'm Dr. Catherine Albrecht.
[01:22.840 --> 01:31.200] More news and information at CatherineAlbrecht.com.
[01:31.200 --> 01:34.880] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.880 --> 01:38.320] They guarantee a specific freedom Americans should know and protect.
[01:38.320 --> 01:39.800] Our liberty depends on it.
[01:39.800 --> 01:43.720] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.720 --> 01:46.840] one of your constitutional rights.
[01:46.840 --> 01:48.440] Privacy is under attack.
[01:48.440 --> 01:52.040] When you give up data about yourself, you'll never get it back again.
[01:52.040 --> 01:56.800] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.800 --> 02:01.840] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.840 --> 02:04.560] Privacy, it's worth hanging onto.
[02:04.560 --> 02:08.840] This public service announcement is brought to you by StartPage.com, the private search
[02:08.840 --> 02:12.400] engine alternative to Google, Yahoo, and Bing.
[02:12.400 --> 02:15.960] Start over with StartPage.
[02:15.960 --> 02:20.300] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.300 --> 02:22.360] of Rights in a big old bear hug.
[02:22.360 --> 02:26.880] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.880 --> 02:30.720] that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.720 --> 02:31.720] Get it?
[02:31.720 --> 02:32.720] Two arms?
[02:32.720 --> 02:33.720] Bear hug?
[02:33.720 --> 02:34.720] Bear arms?
[02:34.720 --> 02:37.760] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.760 --> 02:38.760] when he said,
[02:38.760 --> 02:43.800] The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.800 --> 02:48.880] one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.880 --> 02:50.800] has proved to always be possible.
[02:50.800 --> 02:52.560] I'm Dr. Catherine Albrecht.
[02:52.560 --> 03:19.360] More news and information at CatherineAlbrecht.com.
[03:19.360 --> 03:40.280] Dr. Catherine Albrecht, Dr. Hubert Humphrey.
[03:40.280 --> 04:07.520] Okay, howdy, howdy, Randy Kelton, Brett Fountain, the ruler of our radio on this Thursday, the
[04:07.520 --> 04:18.760] 27th day of October, is it still October? It's still October, 2022. I don't have Brett here,
[04:18.760 --> 04:25.080] we're having trouble getting him on, so he always has to tell me what year it is. Okay,
[04:25.080 --> 04:34.880] I'm going to start out by turning the phone lines on. Our call-in line, call-in number is 512-646-1984.
[04:34.880 --> 04:41.480] If you have a question or comment, give us a call. I haven't had much going on here lately
[04:41.480 --> 04:50.080] because my wife's been in the hospital. She had a back issue operated on and been down there taking
[04:50.080 --> 04:58.640] care of her, so I don't have a whole lot going on. I am still working over Victoria County and
[04:58.640 --> 05:09.160] getting prepared to file an amended $400 million lawsuit. I filed a $400 million lawsuit last year,
[05:09.160 --> 05:18.800] but with everybody else's stuff, I wound up not getting my own taken care of, so I'm getting back
[05:18.800 --> 05:30.280] to my own stuff. I'm going to sue and re-sue the county that I live in. My son-in-law is a justice
[05:30.280 --> 05:36.800] of the peace. I was talking to him about the procedures they're trained to use, and they're
[05:36.800 --> 05:46.280] just illegal, horribly illegal. I gave him a presentation on due process by code, and he read
[05:46.280 --> 05:53.680] it. He said he agrees with it. That looks correct, but that's not how he was trained. He's doing it
[05:53.680 --> 06:01.720] the way he was trained, which is horribly illegal, even though he knows what the law says. Explain
[06:01.720 --> 06:08.520] that. It's frustrating how much control these guys have over them, but he gave me a good piece
[06:08.520 --> 06:17.640] of information. I asked him who trained you, and he said Texas State University in San Marcos,
[06:17.640 --> 06:32.440] Texas. Oh, wow. A state university. That means deep pockets, no immunity. I can blame the
[06:32.440 --> 06:42.080] university for creating this whole mess, and sue them. I'm more likely to get a good ruling
[06:42.080 --> 06:50.040] against them than I am taking on public officials directly. I'm going to write that amended
[06:50.040 --> 06:56.480] pleading and name Texas Tech University, and see how much fun we can have. I got a couple
[06:56.480 --> 07:02.280] of callers on. I'm going to go ahead and go to the call board. We've got what looks like
[07:02.280 --> 07:12.840] a first-time caller. Carrie? I think Debra's here, and Debra has probably just pulled that
[07:12.840 --> 07:19.880] caller to screen them. Wait a second. We've got Jason in Wisconsin. I'll go ahead with
[07:19.880 --> 07:26.200] Jason waiting for a caller to come back. Hello, Jason. What do you have for us today?
[07:26.200 --> 07:36.040] Hey, Randy. How's it going? Going pretty good for an old fat guy. I've been exercising.
[07:36.040 --> 07:41.200] I've got this little thing. You hold the handles, and it's got wheels on it. You get on your
[07:41.200 --> 07:48.880] knees, and you push that thing forward. That hurts. My son said, Dad, you're getting fat.
[07:48.880 --> 07:53.880] You need exercise. Well, that exercise, I can tell you from experience, is for young
[07:53.880 --> 08:01.640] skinny people. It's not for old fat guys. It hurts. Okay. I'll quit complaining now.
[08:01.640 --> 08:08.320] Okay. What do you have for us? I got quite a bit for you, but first of all,
[08:08.320 --> 08:12.520] I don't know how much you remember about my case. Do you need me to refresh your memory
[08:12.520 --> 08:17.480] at all, or? Absolutely. I remember Jason in Wisconsin,
[08:17.480 --> 08:25.120] the ticket? Yeah. I got a traffic ticket back in June, and they gave me a warning for speeding,
[08:25.120 --> 08:30.520] and then the district attorney went to the state patrol and talked him into turning it
[08:30.520 --> 08:40.480] into a citation. Oh, mitigation. Yeah, I remember that. Okay. Where are you at now?
[08:40.480 --> 08:46.600] Okay. A lot has happened in the last couple of weeks here. I talked to Brett last week.
[08:46.600 --> 08:53.160] So I ended up... Let's see. Where should I start? Last week, I ended up filing a writ
[08:53.160 --> 09:00.680] of mandamus, or I did it earlier this week. I think it was on Monday, against the district
[09:00.680 --> 09:12.320] attorney for him denying my open records request. So I ended up filing that in the appeals court,
[09:12.320 --> 09:18.280] which turned out to be the wrong court. So I went last night and refiled it back in the
[09:18.280 --> 09:23.120] circuit court, and I've been having issues with the e-filing system. But anyways, that's
[09:23.120 --> 09:28.040] just one thing that's going on here. Okay, one thing. When you figure out those
[09:28.040 --> 09:45.600] e-filing issues, call me and explain it to me. Yeah. Anyways, I'm kind of pressed for
[09:45.600 --> 09:51.600] time here because my trial is on Tuesday, and then I just got a notice in the mail today
[09:51.600 --> 09:57.280] that my trial for the speeding ticket, they also put that on Tuesday. So they basically
[09:57.280 --> 10:01.960] gave me less than seven days notice of my trial day for that speeding ticket. So I'm
[10:01.960 --> 10:06.400] wondering, first of all, if there's anything I can do about that.
[10:06.400 --> 10:15.480] You can file an opposition for lack of proper service. That has to be heard before the hearing.
[10:15.480 --> 10:21.320] That has to be heard what? That will have to get... Any motions before
[10:21.320 --> 10:28.400] the court have to be heard before a trial can happen? Do you have any motions before
[10:28.400 --> 10:35.600] the court that haven't been heard? Yes, I do have some motions. I filed a motion
[10:35.600 --> 10:39.680] for adjournment a while ago. They denied that, so I filed a motion for reconsideration
[10:39.680 --> 10:45.800] a week ago. That was just denied today. When I filed my writ of mandamus, I filed a motion
[10:45.800 --> 10:51.120] to stay proceedings pending the outcome of the mandamus, and I got no response to that.
[10:51.120 --> 10:56.960] But my mandamus was dismissed anyways from the appeals court, so I'm going to file another
[10:56.960 --> 11:00.280] one of those along with the mandamus and the circuit court.
[11:00.280 --> 11:08.520] What's the nature of the mandamus? It's for an open records request with the
[11:08.520 --> 11:12.760] district attorney. That won't have any effect on the trial.
[11:12.760 --> 11:16.040] I was making the assumption that... Have you filed a subject matter jurisdiction
[11:16.040 --> 11:19.600] challenge? That was something I'm going to work on this
[11:19.600 --> 11:26.320] week. I want to have time to sit down and do some research, and then I know I've been
[11:26.320 --> 11:31.880] pretty busy. I got a lot going on. It's hard to keep up with this stuff, you know?
[11:31.880 --> 11:36.120] Welcome to my world. Then I've been dealing with health issues.
[11:36.120 --> 11:40.000] I'm finally starting to get better from that, and that's what I filed my motion for adjournment
[11:40.000 --> 11:46.080] based on. They denied it, but anyways... Come in there and tell them to cough a couple
[11:46.080 --> 11:51.920] times and tell them you think you've got tuberculosis.
[11:51.920 --> 12:03.440] Okay. Yeah, anyways, another issue that came up
[12:03.440 --> 12:12.200] is the first trial they had scheduled for me, that was coming up on Tuesday, that was
[12:12.200 --> 12:17.800] scheduled with a court commissioner. The notice I got today, it says it's with the head circuit
[12:17.800 --> 12:26.760] court judge who's been responding to my motions. That tells me it looks like he took over the
[12:26.760 --> 12:33.240] case from the court commissioner. They see what I'm doing filing with the court or something.
[12:33.240 --> 12:42.600] I've got a judge that actually answers. You can go ask him. So what do you have?
[12:42.600 --> 12:50.560] I'm having a hard time hearing you here. What do you have before the court now?
[12:50.560 --> 13:03.000] Just the stuff I just told you, the motions for adjournment, I don't really have all the
[13:03.000 --> 13:08.360] stuff I wanted to get out because like I said, I've been pretty busy and plan on doing as
[13:08.360 --> 13:18.360] much as I can this weekend here. I'm going to try to get some stuff filed tonight actually.
[13:18.360 --> 13:28.200] So I don't know Wisconsin traffic code well enough to know what to throw at you. Do you
[13:28.200 --> 13:32.840] have an attorney? I do not.
[13:32.840 --> 13:40.320] File a motion for continuance to give you time to seek counsel. Don't seek counsel,
[13:40.320 --> 13:46.160] just tell them you want to seek counsel. They'll always give you a continuous for that.
[13:46.160 --> 13:52.080] Is there anything I can file with the appeals court? Because I could get into a whole story
[13:52.080 --> 13:56.760] right now about how corrupt I know that judge is, how he railroaded my neighbor, put him
[13:56.760 --> 14:01.160] in jail for six months, but I don't really have time to get into that right now.
[14:01.160 --> 14:08.080] No, I don't have it. That's what I was trying to dig out to see if we had some claims, but
[14:08.080 --> 14:15.480] I don't have anything yet. And I don't know Wisconsin traffic code well enough to be able
[14:15.480 --> 14:26.040] to suggest claims to bring. You always want to claim that the complaint is insufficient
[14:26.040 --> 14:33.440] because it does not include a necessary element of the crime, which is commercial. And that
[14:33.440 --> 14:39.800] applies to most all states, but not necessarily. So I don't know. I don't know Wisconsin traffic
[14:39.800 --> 14:45.160] code. If there's anybody there out there listening who knows Wisconsin traffic code, send me
[14:45.160 --> 14:55.880] an email, Randy at ruleoflawradio.com. And Jason, if you will send me an email at the
[14:55.880 --> 15:00.520] same place. If I get something, I'll forward it to you.
[15:00.520 --> 15:07.320] Okay. Would you like me to send some of the documents related to my case so you can look
[15:07.320 --> 15:08.320] them over?
[15:08.320 --> 15:10.880] Yes. Yeah. Let me look them over.
[15:10.880 --> 15:17.120] I guess the big one would be the mandamus if you could look that one over. I actually
[15:17.120 --> 15:24.360] spent a lot of time last week on writing that one. I think it's pretty solid, but-
[15:24.360 --> 15:35.400] Well, you claimed it under open records, but if Wisconsin is the same as other states,
[15:35.400 --> 15:41.640] it doesn't matter what you claimed it under. If you have a right to discovery, you have
[15:41.640 --> 15:44.840] a right to discovery. And the-
[15:44.840 --> 15:51.240] That's the thing. Discovery is very limited in traffic cases. So I was basically trying
[15:51.240 --> 15:57.960] to use open records as partially as my former discovery, but I was also trying to get some
[15:57.960 --> 16:03.640] records from the district attorney's office proving that he committed crimes such as barritory.
[16:03.640 --> 16:13.880] Okay. Send me the documents, and I will look at them. When is your hearing?
[16:13.880 --> 16:19.400] Tuesday. I was actually going to try to keep it brief tonight and then call back tomorrow
[16:19.400 --> 16:23.240] and talk to you about what to do in court because I'm kind of clueless on that.
[16:23.240 --> 16:29.840] Send me some documents. Send me what you got and call back tomorrow. And I'll have a look
[16:29.840 --> 16:36.080] at it and I'll be able to speak to it more intelligently, and I know Brett will take
[16:36.080 --> 16:44.880] issue with that. But anyway, call back tomorrow night and maybe I'll have more for you after
[16:44.880 --> 16:46.880] I've looked over your documents.
[16:46.880 --> 16:48.880] All right. Thanks.
[16:48.880 --> 16:53.760] Okay. Thank you, Jason. Randy Kelton, Brett Fountain, Rule of Law Radio. We'll be right
[16:53.760 --> 17:00.480] back.
[17:24.720 --> 17:30.800] How to get debt collectors out of your credit report? How to turn the financial tables on
[17:30.800 --> 17:36.780] them and make them pay you to go away? The Michael Mears Proven Method is the solution
[17:36.780 --> 17:41.440] for how to stop debt collectors. Personal consultation is available as well. For more
[17:41.440 --> 17:46.760] information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[17:46.760 --> 18:06.040] Are you looking to have a closer relationship with God and a better understanding of His
[18:06.040 --> 18:07.040] Word?
[18:07.040 --> 18:11.740] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[18:11.740 --> 18:17.320] Scripture Talk where Nana and her guests discuss the scriptures in accord with 2 Timothy 2
[18:17.320 --> 18:18.320] 15.
[18:18.320 --> 18:22.720] Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[18:22.720 --> 18:25.240] rightly dividing the word of truth.
[18:25.240 --> 18:29.480] Starting in January, our first hour studies are in the Book of Mark where we will go verse
[18:29.480 --> 18:32.800] by verse and discuss the true gospel message.
[18:32.800 --> 18:37.440] Our second hour topical studies will vary each week with discussions on sound doctrine
[18:37.440 --> 18:39.800] and Christian character development.
[18:39.800 --> 18:44.320] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:44.320 --> 18:48.720] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[18:48.720 --> 18:50.320] of our Lord and Savior Jesus.
[18:50.320 --> 18:57.560] So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[18:57.560 --> 19:10.760] motivate your studies of the scriptures.
[20:27.560 --> 20:31.480] Okay, we are back.
[20:31.480 --> 20:36.200] Randy Kelvin, Brett Fountain, Rule of Law Radio, and we're going to go to a first-time
[20:36.200 --> 20:38.160] caller Carrie in Pennsylvania.
[20:38.160 --> 20:41.960] Hello Carrie, what do you have for us today?
[20:41.960 --> 20:49.720] Hi, wow, great, I'm so honored to be speaking with you.
[20:49.720 --> 20:57.720] So my main issue, I have been involved in a series of public records requests under
[20:57.720 --> 21:00.720] the Pennsylvania Right to Know law and I currently...
[21:00.720 --> 21:02.840] Wait, wait, wait, I'm sorry, say that again.
[21:02.840 --> 21:06.880] You were talking a little faster than I could listen.
[21:06.880 --> 21:13.640] Records request with the Pennsylvania Right to Know, it's kind of like public information.
[21:13.640 --> 21:21.600] On radio, when I listen to myself on the radio, I sound like I'm talking really slow.
[21:21.600 --> 21:27.320] But I deliberately slow down the cadence because you can't see my lips moving, you can't see
[21:27.320 --> 21:29.280] my body posture.
[21:29.280 --> 21:34.520] All you have is what you hear and it takes a little bit longer to get that through your
[21:34.520 --> 21:36.640] brain when you're as old as I am.
[21:36.640 --> 21:37.640] Okay.
[21:37.640 --> 21:38.640] Okay.
[21:38.640 --> 21:46.600] Well, I'm a little excited so that will help me to just slow myself down.
[21:46.600 --> 21:54.280] So I have a series of public records requests currently before the court.
[21:54.280 --> 21:58.120] Pressing one at the moment is...
[21:58.120 --> 22:00.960] It's currently before the trial court.
[22:00.960 --> 22:04.760] We had a hearing and briefs were filed afterward.
[22:04.760 --> 22:08.560] Okay, hold on, I have a question.
[22:08.560 --> 22:17.720] A public records request as opposed to a request for discovery.
[22:17.720 --> 22:22.520] How does a public records request in Pennsylvania get before the court?
[22:22.520 --> 22:29.280] Or is your action about a failure to provide public records?
[22:29.280 --> 22:32.040] It is a failure to provide public records.
[22:32.040 --> 22:33.680] Oh, wonderful.
[22:33.680 --> 22:36.880] So you're suing somebody.
[22:36.880 --> 22:39.480] Yes, I am.
[22:39.480 --> 22:42.480] Now you're my hero.
[22:42.480 --> 22:45.920] Well, we'll see.
[22:45.920 --> 22:54.000] Well, I requested from my township, I requested the solicitor's invoices and it was over an
[22:54.000 --> 22:57.480] 18-month period.
[22:57.480 --> 23:02.360] And this is not the first time I've requested, this is actually the fourth time over the
[23:02.360 --> 23:08.320] last several years that I've requested various batches of his invoices.
[23:08.320 --> 23:14.360] And I've been trying to investigate him without going into the backstory behind that.
[23:14.360 --> 23:17.520] But so this is the fourth time I've requested invoices.
[23:17.520 --> 23:19.560] Okay, hold on.
[23:19.560 --> 23:30.160] Fourth time in Pennsylvania is the Open Records Act a civil statute or a criminal statute?
[23:30.160 --> 23:45.880] So do you have an official misconduct statute?
[23:45.880 --> 23:51.240] While you're thinking, official misconduct is a catch-all.
[23:51.240 --> 23:57.440] Most every state has one and it's modeled after 18 U.S. Code 242 and it effectively
[23:57.440 --> 24:05.040] says if a public official fails to perform a duty he is required to perform and in the
[24:05.040 --> 24:10.560] process denies a citizen in the full and free access to or enjoyment of a right, that is
[24:10.560 --> 24:13.280] a criminal act.
[24:13.280 --> 24:22.160] So if you have, now if your open records is just civil, then you can go to this civil
[24:22.160 --> 24:25.880] statute commanded this public official to do this thing.
[24:25.880 --> 24:31.600] This public official did not do that thing and thereby denied me in my right to open
[24:31.600 --> 24:34.880] records and charged him with official oppression.
[24:34.880 --> 24:35.880] Okay.
[24:35.880 --> 24:39.840] Freeze the bar a little bit.
[24:39.840 --> 24:40.840] Okay.
[24:40.840 --> 24:48.680] I'll look into that as far as arguments to make.
[24:48.680 --> 24:57.560] So Pennsylvania has this open records law appeals process and it's sort of a gray area
[24:57.560 --> 25:05.520] right now in how to exactly to enforce these, but the process at the moment is that you're
[25:05.520 --> 25:13.800] either filing a petition to enforce or mandamus action if it's in a law agency, it goes directly
[25:13.800 --> 25:19.080] to the Commonwealth Court if it is a state agency that has denied you record.
[25:19.080 --> 25:20.080] Okay.
[25:20.080 --> 25:21.080] Hold on.
[25:21.080 --> 25:22.080] Hold on.
[25:22.080 --> 25:23.080] Commonwealth Court.
[25:23.080 --> 25:25.480] Is that Court of Common Pleas?
[25:25.480 --> 25:26.480] Yeah.
[25:26.480 --> 25:27.480] No.
[25:27.480 --> 25:28.480] It's the appellate court.
[25:28.480 --> 25:29.480] Oh.
[25:29.480 --> 25:30.480] Okay.
[25:30.480 --> 25:31.480] I had never heard of that in Pennsylvania.
[25:31.480 --> 25:34.480] That's why I asked.
[25:34.480 --> 25:47.600] So anyways, there's a quasi-judicial step in this, so when the solicitor, when I submitted
[25:47.600 --> 25:54.840] the request and the township sent me 18-months worth of records, they were just single page,
[25:54.840 --> 25:59.680] un-itemized invoices that only had the date and the amount due on it.
[25:59.680 --> 26:05.640] And as I was saying before, this is actually the fourth time I've requested them and every
[26:05.640 --> 26:10.440] client request, I received itemized invoices.
[26:10.440 --> 26:18.520] After the invoices in the same manner, just different state ranges and suddenly I'm getting
[26:18.520 --> 26:22.760] this, you know, un-itemized billing summary.
[26:22.760 --> 26:31.160] So I appealed that to our Pennsylvania Office of Open Records, the quasi-judicial agency,
[26:31.160 --> 26:33.920] and they reviewed it.
[26:33.920 --> 26:41.560] During the appeals process, the township realized that two of the invoices in the middle of
[26:41.560 --> 26:47.100] dispatch had already been provided to another requester.
[26:47.100 --> 26:51.600] And they knew that I knew this other requester as well.
[26:51.600 --> 26:58.160] So they were caught because they gave him itemized invoices.
[26:58.160 --> 27:00.640] They gave me billing summaries.
[27:00.640 --> 27:04.760] Oh, hold on.
[27:04.760 --> 27:06.880] That goes to another statute.
[27:06.880 --> 27:11.440] Yep, you guys are going to love this.
[27:11.440 --> 27:20.480] So before the appeals officer, the solicitor is, you know, representing the township and
[27:20.480 --> 27:25.760] he turns over this other set of invoices and said, oh, you know, we found these also.
[27:25.760 --> 27:32.360] Well, the appeals officer was wise to what was going on and she actually granted me all
[27:32.360 --> 27:39.440] of the records and said, you know, you can't just provide billing summaries.
[27:39.440 --> 27:41.360] You have to give itemized invoices.
[27:41.360 --> 27:44.360] Okay, hold on, hold on.
[27:44.360 --> 27:49.240] I tend to be pedantic.
[27:49.240 --> 27:54.160] And what you're saying brings to mind a question.
[27:54.160 --> 27:58.440] Where did they get these summaries?
[27:58.440 --> 28:06.720] Did those summaries already exist or did they make them up and then give them to you in
[28:06.720 --> 28:10.480] place of the actual documents?
[28:10.480 --> 28:13.240] That's what I'm assuming.
[28:13.240 --> 28:17.360] That's the way I read most codes is what Brett?
[28:17.360 --> 28:22.200] Yeah, it is tampering with a government document.
[28:22.200 --> 28:23.880] Yep, yep.
[28:23.880 --> 28:24.880] We're getting there.
[28:24.880 --> 28:25.880] You'll see.
[28:25.880 --> 28:29.440] Okay, sounds like you're already ahead of me.
[28:29.440 --> 28:32.440] I'll shut up now.
[28:32.440 --> 28:34.320] You'll see.
[28:34.320 --> 28:40.680] So Office of Open Record said, you know, no to this solicitor, you have to provide itemized
[28:40.680 --> 28:41.680] invoices.
[28:41.680 --> 28:48.800] He did not claim attorney-client privilege, so she made him, she said, you know, all these
[28:48.800 --> 28:50.920] need to be released unredacted.
[28:50.920 --> 28:53.760] So I was granted the record.
[28:53.760 --> 28:58.600] The township did not appeal that decision.
[28:58.600 --> 29:05.200] And for the next few months, I went to the township every month at a meeting and I said,
[29:05.200 --> 29:06.720] I won these records.
[29:06.720 --> 29:08.840] I have not been provided all the records.
[29:08.840 --> 29:13.600] But the solicitor, so this is part of the game too, you're going to love this, he decided
[29:13.600 --> 29:22.200] to misinterpret the decision and only gave me unredacted invoices for the two that he
[29:22.200 --> 29:26.880] got caught giving me, you know, a different version.
[29:26.880 --> 29:27.880] What?
[29:27.880 --> 29:32.480] Yeah, you're going to love this.
[29:32.480 --> 29:41.880] Okay, hold on, we're about to go to our sponsors.
[29:41.880 --> 29:46.120] This guy is a lawyer in a municipal court.
[29:46.120 --> 29:50.680] You can start out by figuring he's not the sharpest knife in the drawer or he would be
[29:50.680 --> 29:53.040] out making the big bucks.
[29:53.040 --> 29:54.920] So maybe you can smarten him up a little.
[29:54.920 --> 29:59.520] Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[29:59.520 --> 30:06.200] Businesses ask you for a lot of personal information and you may trust them to keep it safe.
[30:06.200 --> 30:10.920] But it turns out that even the most trusted companies may be unwittingly revealing your
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[31:21.280 --> 31:23.280] I'm Dr. Catherine Albrecht.
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[32:14.280 --> 32:39.020] Albrecht, Dr. Albrecht, Dr. Albrecht, Dr. Albrecht, Dr. Albrecht, Dr. Albrecht, Dr.
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[32:55.020 --> 32:59.020] your copy today, and together we can have the free society we all want and deserve.
[32:59.020 --> 33:04.020] Live, free speech radio,
[33:04.020 --> 33:09.020] logosradionetwork.com
[33:34.020 --> 33:39.020] When you're gonna stop abuse,
[33:39.020 --> 33:44.020] your power.
[33:44.020 --> 33:49.020] When you're gonna stop abuse,
[33:49.020 --> 33:54.020] your power.
[33:54.020 --> 33:59.020] Your power.
[33:59.020 --> 34:04.020] Your power.
[34:04.020 --> 34:09.020] Your power.
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[34:14.020 --> 34:19.020] Your power.
[34:19.020 --> 34:22.020] Your power.
[34:22.020 --> 34:45.940] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Kerry
[34:45.940 --> 34:46.940] in Pennsylvania.
[34:46.940 --> 34:52.460] Kerry, it sounds like you pretty well know what you're doing.
[34:52.460 --> 35:03.060] Well, I've started to figure out how the process works, at least in this judiciary or the statutory
[35:03.060 --> 35:11.500] appeals process under the right to know law, but this, what's been happening over several
[35:11.500 --> 35:18.580] years in several of these appeals is that it's moving to a much bigger level where I
[35:18.580 --> 35:24.820] probably need to file a federal case in 1983.
[35:24.820 --> 35:29.180] To be honest, I think there's actually some recode here going on, but that's a whole other
[35:29.180 --> 35:30.180] conversation.
[35:30.180 --> 35:31.520] Okay, hold on.
[35:31.520 --> 35:34.660] Have you looked in Pennsylvania law?
[35:34.660 --> 35:39.060] Does Pennsylvania have an organized crime statute?
[35:39.060 --> 35:40.060] Yes.
[35:40.060 --> 35:43.460] You might look at that first.
[35:43.460 --> 35:49.960] What I'm doing in Texas is I'm asking the courts to do things I know they're not going
[35:49.960 --> 35:54.420] to do, but the law commands them to do it.
[35:54.420 --> 35:55.900] I've started out with a JP.
[35:55.900 --> 36:00.900] I asked him to issue some warrants on some complaints, and he refused.
[36:00.900 --> 36:07.380] So I sued him personally and went to the county court, and I gave criminal complaints to the
[36:07.380 --> 36:13.180] county court judge and asked him to do the same thing, and he refused.
[36:13.180 --> 36:18.020] And then he ruled against everything I had before the court.
[36:18.020 --> 36:25.060] And now I'll go to the district court, give them the same criminal complaints, and get
[36:25.060 --> 36:27.860] them to rule against everything.
[36:27.860 --> 36:36.860] Then I'll file against them on the state level under the state organized crime statute, and
[36:36.860 --> 36:39.780] actually I've already done that.
[36:39.780 --> 36:44.140] The second set of complaints had an organized crimes claim in it, so that when I get to
[36:44.140 --> 36:54.340] the feds, I can go to the feds and say, the whole state is acting in concert and collusion
[36:54.340 --> 36:57.660] with one another to deny the public due process.
[36:57.660 --> 37:00.220] And they're going to say, well, the whole state?
[37:00.220 --> 37:01.220] What did you do?
[37:01.220 --> 37:05.220] Well, I tried the justice court, I tried the county court, I tried the district court.
[37:05.220 --> 37:10.340] I challenged for organized crime.
[37:10.340 --> 37:16.180] The courts ignored and denied everything out of hand.
[37:16.180 --> 37:22.260] Now you have good standing to step up to the feds under RICO.
[37:22.260 --> 37:23.260] Yes.
[37:23.260 --> 37:24.260] Yep.
[37:24.260 --> 37:25.260] Okay.
[37:25.260 --> 37:32.900] So I guess I'm moving in that direction, but getting back to this present case and the
[37:32.900 --> 37:37.340] present matter before me.
[37:37.340 --> 37:45.860] So the township solicitor decided to only release two of the 18 invoices.
[37:45.860 --> 37:52.980] And then I kept warning the township supervisors that he's misinterpreting the decision.
[37:52.980 --> 37:55.580] You need to turn all those records over to me.
[37:55.580 --> 37:57.780] You have to fiduciary responsibility.
[37:57.780 --> 37:58.780] It's all recorded.
[37:58.780 --> 37:59.780] Okay.
[37:59.780 --> 38:00.780] Hold on.
[38:00.780 --> 38:01.780] Hold on.
[38:01.780 --> 38:04.220] I have a question.
[38:04.220 --> 38:08.900] In presenting this information, we do, we have a bunch of rules that we've developed
[38:08.900 --> 38:11.220] over the years.
[38:11.220 --> 38:17.180] One of them is never give fair warning.
[38:17.180 --> 38:19.300] Don't.
[38:19.300 --> 38:25.180] Don't tell them that, oh, you know, you're doing this wrong, you should do it this other
[38:25.180 --> 38:26.180] way.
[38:26.180 --> 38:33.740] The only way you tell them that is with criminal charges or a civil claim against them for
[38:33.740 --> 38:36.700] not doing what they were supposed to do.
[38:36.700 --> 38:43.140] Well, and the reason that I was doing that, I guess from the civil side, because I was
[38:43.140 --> 38:51.460] trying to pierce immunity, because they're required by law to release these records.
[38:51.460 --> 38:58.700] And if I warned them that I could possibly pierce immunity.
[38:58.700 --> 39:02.700] I'm going to suggest you just make a claim.
[39:02.700 --> 39:08.300] I went before this JP and I asked him to issue some warrants on some complaints.
[39:08.300 --> 39:13.220] Well, he knew one of the names in there and he refused.
[39:13.220 --> 39:19.100] Well, the code says he must do this thing.
[39:19.100 --> 39:22.820] And I didn't tell him what the law said.
[39:22.820 --> 39:27.060] I didn't tell him what he should do and what he was supposed to do.
[39:27.060 --> 39:34.500] I just dial 9-1-1 and ask for a policeman to come out and arrest him and told that policeman
[39:34.500 --> 39:37.360] what he did.
[39:37.360 --> 39:41.940] I assure you that is far more powerful.
[39:41.940 --> 39:52.980] I didn't expect a policeman to arrest a judge, but it was about getting his attention.
[39:52.980 --> 39:58.740] If they make a mistake, for me, the more minor, the better.
[39:58.740 --> 40:05.820] I get a clerk to say, I ask them for records and I try to craft my records requests so
[40:05.820 --> 40:11.060] they don't understand why I'm doing what I'm doing because I want them to say, well, why
[40:11.060 --> 40:13.060] do you want to see that?
[40:13.060 --> 40:14.060] 9-1-1.
[40:14.060 --> 40:19.060] He's just trying to trip them up.
[40:19.060 --> 40:20.060] Yeah.
[40:20.060 --> 40:23.500] He wants them to do something wrong so he can just go get them.
[40:23.500 --> 40:25.940] Well, I don't want to get them prosecuted.
[40:25.940 --> 40:28.500] I want to get their attention.
[40:28.500 --> 40:35.780] And when I get to a higher court, I want to be able to say, I gave them fair warning.
[40:35.780 --> 40:38.580] They did this wrong and I filed against them immediately.
[40:38.580 --> 40:42.740] They should have got the message, a reasonable person of ordinary prudence would get the
[40:42.740 --> 40:43.740] message.
[40:43.740 --> 40:44.740] Mm-hmm.
[40:44.740 --> 40:45.740] Okay.
[40:45.740 --> 40:53.060] And what you would think is when you do that, the next time you deal with them, they'll
[40:53.060 --> 40:56.060] do it right.
[40:56.060 --> 41:05.020] Unfortunately, that has not been the case, but what does happen is you have a much stronger
[41:05.020 --> 41:08.860] case when you step forward.
[41:08.860 --> 41:09.860] Okay.
[41:09.860 --> 41:10.860] All right.
[41:10.860 --> 41:11.860] Good.
[41:11.860 --> 41:12.860] Well, I don't know.
[41:12.860 --> 41:13.860] Sometimes they get real helpful.
[41:13.860 --> 41:16.540] Like after they got slapped real good, then maybe you come back.
[41:16.540 --> 41:22.620] Sometimes they just totally, they change directions and now, like Tina had that experience, right?
[41:22.620 --> 41:23.620] Oh, yeah.
[41:23.620 --> 41:24.620] Well, yeah.
[41:24.620 --> 41:27.060] No, but Tina did something different.
[41:27.060 --> 41:34.020] She filed a complaint against this clerk and then the clerk did everything, you know, tried
[41:34.020 --> 41:40.020] to satisfy Tina and then she filed a commendation letter for this clerk.
[41:40.020 --> 41:41.020] Yeah.
[41:41.020 --> 41:47.660] It's a bit of psychology.
[41:47.660 --> 41:54.620] One of the things I like to do is when someone acts appropriately, they're professional,
[41:54.620 --> 42:00.660] polite, do what they're supposed to, I go out of my way to compliment them, let their
[42:00.660 --> 42:05.180] bosses know how much I appreciate their professionalism.
[42:05.180 --> 42:11.660] That way the next time the bosses want them to do something stupid, it embarrasses them.
[42:11.660 --> 42:18.900] And I get, if you're never cross with them, never ever let them know that they've angered
[42:18.900 --> 42:21.420] or annoyed you.
[42:21.420 --> 42:25.460] Then you got these people in there saying, well, I talked to this guy, he's a really
[42:25.460 --> 42:26.460] nice guy.
[42:26.460 --> 42:28.460] I didn't have any problem with him.
[42:28.460 --> 42:31.620] I don't know what your problem is.
[42:31.620 --> 42:37.260] I've got a bailiff in Victoria County who's going to talk to these other bailiffs and
[42:37.260 --> 42:39.020] they're going to say, well, we talk to him all the time.
[42:39.020 --> 42:40.020] He's a really nice guy.
[42:40.020 --> 42:41.020] What's your problem with him?
[42:41.020 --> 42:44.020] Well, he asked me to arrest the judge in the courtroom.
[42:44.020 --> 42:50.340] Well, was the judge being a criminal?
[42:50.340 --> 42:54.660] I didn't ask him to take his chicken suit off, which I generally do.
[42:54.660 --> 43:01.220] The point is you're always polite and professional and when they do it right, you make sure the
[43:01.220 --> 43:07.380] bosses know they do it right because you're down there beating them up on the one hand.
[43:07.380 --> 43:12.060] And on the other hand, you're being polite and professional and helpful.
[43:12.060 --> 43:15.940] It makes it real hard for them to demonize you.
[43:15.940 --> 43:17.940] Oh, definitely.
[43:17.940 --> 43:23.860] And I really, honestly, I appreciate you and, you know, I just discovered this jurisdictionary
[43:23.860 --> 43:29.780] how to win a court and these groups in Telegram just in the last couple of weeks.
[43:29.780 --> 43:34.700] I was earlier today, I was trying to get a hold of Dr. Graves to get him the call-in
[43:34.700 --> 43:39.660] bridge number, to get him to come on the air today, but I wasn't able to reach him.
[43:39.660 --> 43:43.140] So I'm hoping to have him calling into this show pretty soon.
[43:43.140 --> 43:45.180] He's the guy who wrote jurisdictionary.
[43:45.180 --> 43:46.180] Right, right.
[43:46.180 --> 43:47.180] Yeah.
[43:47.180 --> 43:53.940] Well, I just appreciate that it's helping me get to another, you know, place and try
[43:53.940 --> 43:54.940] to use that psychology.
[43:54.940 --> 43:55.940] So I appreciate it.
[43:55.940 --> 43:56.940] Okay.
[43:56.940 --> 43:57.940] Hang on.
[43:57.940 --> 43:58.940] We'll be right back.
[43:58.940 --> 43:59.940] I love logos.
[43:59.940 --> 44:00.940] Without the shows on this network, I'd be almost as ignorant as my friends.
[44:00.940 --> 44:01.940] I'm so addicted to the truth now that there's no going back.
[44:01.940 --> 44:02.940] I need my truth pick.
[44:02.940 --> 44:03.940] I'd be lost without logos.
[44:03.940 --> 44:04.940] And I really want to help keep this network on the air.
[44:04.940 --> 44:05.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[44:05.940 --> 44:06.940] know how to do that.
[44:06.940 --> 44:07.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[44:07.940 --> 44:08.940] know how to do that.
[44:08.940 --> 44:29.260] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[44:29.260 --> 44:39.580] know how to do that.
[44:39.580 --> 45:06.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[45:06.940 --> 45:13.940] know how to do that.
[45:13.940 --> 45:34.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[45:34.940 --> 46:00.660] know how to do that.
[46:04.940 --> 46:32.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[46:32.940 --> 46:51.940] know how to do that.
[46:51.940 --> 47:19.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[47:19.940 --> 47:24.940] know how to do that.
[47:24.940 --> 47:53.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[47:53.940 --> 47:56.940] know how to do that.
[47:56.940 --> 48:21.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[48:21.940 --> 48:29.940] know how to do that.
[48:29.940 --> 48:54.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[48:54.940 --> 49:06.940] know how to do that.
[49:06.940 --> 49:35.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[49:35.940 --> 49:40.940] know how to do that.
[49:40.940 --> 50:08.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[50:08.940 --> 50:13.940] know how to do that.
[50:13.940 --> 50:42.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[50:42.940 --> 50:47.940] know how to do that.
[50:47.940 --> 51:15.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[51:15.940 --> 51:20.940] know how to do that.
[51:20.940 --> 51:45.940] Exactly.
[51:45.940 --> 52:13.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[52:13.940 --> 52:16.940] know how to do that.
[52:16.940 --> 52:28.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[52:28.940 --> 52:31.940] know how to do that.
[52:31.940 --> 52:56.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[52:56.940 --> 53:00.940] know how to do that.
[53:00.940 --> 53:25.940] And I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[53:25.940 --> 53:28.940] know how to do that.
[53:28.940 --> 53:32.940] You just need to file enough to say, I've got this motion before the court, it's been
[53:32.940 --> 53:39.940] before the court this amount of time, and the court apparently is not keeping track
[53:39.940 --> 53:42.940] of its calendar.
[53:42.940 --> 53:50.940] We got a judge sanctioned in New York over delay of this kind because he failed to maintain
[53:50.940 --> 53:52.940] his calendar.
[53:52.940 --> 53:58.940] Accused him of that and asked the court to order him to issue an order on this.
[53:58.940 --> 54:03.940] And there'll be more to add to this because even under the right to know law, there is
[54:03.940 --> 54:10.940] a provision about the courts need to do this in an expeditious manner.
[54:10.940 --> 54:13.940] We should get the public records quickly.
[54:13.940 --> 54:20.940] So when I first filed, my hearing was scheduled nine months out and I got the same judge that
[54:20.940 --> 54:25.940] I continue to get every single time they give me the same judge.
[54:25.940 --> 54:32.940] So I started to complain to the court administrator and then they ended up moving up the hearing
[54:32.940 --> 54:37.940] three months, but still six months is way too long and they would never release the
[54:37.940 --> 54:39.940] court calendar to me.
[54:39.940 --> 54:45.940] I said, how can this court be so busy that you can't do a public records request?
[54:45.940 --> 54:51.940] Did you do a public records request for the court calendar?
[54:51.940 --> 54:55.940] I don't think I can in Pennsylvania.
[54:55.940 --> 55:03.940] There's not much in the judicial part that I can request.
[55:03.940 --> 55:05.940] These are not judicial records?
[55:05.940 --> 55:07.940] Yes, it's outside of...
[55:07.940 --> 55:09.940] That's just something administrative.
[55:09.940 --> 55:11.940] These are all administrative.
[55:11.940 --> 55:13.940] They don't fall under judicial.
[55:13.940 --> 55:15.940] Okay.
[55:15.940 --> 55:23.940] You could ask the building, the director of facilities to give you all the key fob dates
[55:23.940 --> 55:24.940] and times.
[55:24.940 --> 55:27.940] You want to see when people were coming and going, all the employees and everybody on
[55:27.940 --> 55:28.940] the payroll.
[55:28.940 --> 55:30.940] You want to see when they came and went.
[55:30.940 --> 55:33.940] It's unreasonable to hide the court calendar.
[55:33.940 --> 55:39.940] They certainly don't hide it from lawyers because lawyers need to set hearings and they
[55:39.940 --> 55:45.940] need to know when the judge is going to be sitting for certain kinds of things.
[55:45.940 --> 55:49.940] This calendar has to be open.
[55:49.940 --> 55:54.940] You don't have star chamber courts in the United States.
[55:54.940 --> 55:57.940] These have to be public.
[55:57.940 --> 56:01.940] There's a lot of problems in my court and government building.
[56:01.940 --> 56:07.940] Just so you know, I have a public records case I appealed to the Supreme Court because
[56:07.940 --> 56:13.940] the administration board won't release the meeting minutes in the format I requested,
[56:13.940 --> 56:19.940] let alone they still haven't released all of them to me, which they had previously in
[56:19.940 --> 56:21.940] a PDF format.
[56:21.940 --> 56:27.940] I asked for the original electronic file in which it was created.
[56:27.940 --> 56:30.940] That's a whole other case.
[56:30.940 --> 56:35.940] Every single avenue, every time we try to get anything out of the courts or government
[56:35.940 --> 56:38.940] building, it's a huge battle.
[56:38.940 --> 56:44.940] You need to look at official misconduct or official oppression.
[56:44.940 --> 56:45.940] Yes, definitely.
[56:45.940 --> 56:46.940] That's harming you.
[56:46.940 --> 56:49.940] That's something you can sue them for.
[56:49.940 --> 56:50.940] Yes.
[56:50.940 --> 56:51.940] You won't have to do that a lot.
[56:51.940 --> 56:55.940] You just do it a little bit and they'll change their tune.
[56:55.940 --> 56:56.940] Yes.
[56:56.940 --> 57:03.940] Well, it's definitely gotten to that level and now with the judge not issuing an order.
[57:03.940 --> 57:05.940] I think he could also be waiting.
[57:05.940 --> 57:10.940] There is another case that I have that's still in front of the Commonwealth Court against
[57:10.940 --> 57:18.940] the same township, same solicitor, an appeal from the same judge where I argued the crime
[57:18.940 --> 57:23.940] fraud provision under Pennsylvania law.
[57:23.940 --> 57:30.940] Again, tampering with records, falsifying things, it's just horrible.
[57:30.940 --> 57:34.940] The Commonwealth Court actually asked for all the in-camera records this time, so I
[57:34.940 --> 57:37.940] think this case might get somewhere.
[57:37.940 --> 57:38.940] We'll see.
[57:38.940 --> 57:43.940] I sort of think the local judge is waiting for that decision to come down and that's
[57:43.940 --> 57:46.940] why there's delay, but I don't care.
[57:46.940 --> 57:48.940] This is ridiculous.
[57:48.940 --> 57:53.940] I should not have to be fighting so hard just to get public records.
[57:53.940 --> 57:54.940] Yes.
[57:54.940 --> 57:57.940] I'm going to file a mandate against them.
[57:57.940 --> 58:01.940] Good, and look into filing criminally against them.
[58:01.940 --> 58:02.940] Okay.
[58:02.940 --> 58:04.940] That really gets their attention.
[58:04.940 --> 58:06.940] In Pennsylvania, you file criminally against them.
[58:06.940 --> 58:08.940] The prosecutor has first blush.
[58:08.940 --> 58:13.940] He can determine whether or not he believes there's sufficient evidence and he's going
[58:13.940 --> 58:15.940] to say no.
[58:15.940 --> 58:20.940] Then you can appeal his decision to the Court of Common Pleas and then all the way up to
[58:20.940 --> 58:22.940] the Supreme.
[58:22.940 --> 58:28.940] You can file against the prosecutor with the Pennsylvania State Attorney General and really
[58:28.940 --> 58:30.940] create some politics.
[58:30.940 --> 58:31.940] Okay.
[58:31.940 --> 58:35.940] When you say criminal, are you talking about for the judge or the solicitor?
[58:35.940 --> 58:37.940] Both of them, official misconduct.
[58:37.940 --> 58:38.940] Both of them.
[58:38.940 --> 58:39.940] Okay.
[58:39.940 --> 58:40.940] Hang on.
[58:40.940 --> 58:45.940] Go into our sponsors, Randy Kelton, Rhett Fountain, Rule of Law Radio.
[58:45.940 --> 58:49.940] We'll be right back.
[58:49.940 --> 58:55.940] The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:47.940 --> 59:52.940] That's freestudybible.com.
[59:52.940 --> 01:00:01.940] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.940 --> 01:00:05.940] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.940 --> 01:00:08.940] They guarantee the specific freedoms Americans should know and protect.
[01:00:08.940 --> 01:00:10.940] Our liberty depends on it.
[01:00:10.940 --> 01:00:14.940] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:00:14.940 --> 01:00:16.940] one of your constitutional rights.
[01:00:16.940 --> 01:00:18.940] Privacy is under attack.
[01:00:18.940 --> 01:00:22.940] When you give up data about yourself, you'll never get it back again.
[01:00:22.940 --> 01:00:26.940] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.940 --> 01:00:28.940] So protect your rights.
[01:00:28.940 --> 01:00:32.940] Say no to surveillance and keep your information to yourself.
[01:00:32.940 --> 01:00:34.940] Privacy, it's worth hanging on to.
[01:00:34.940 --> 01:00:38.940] This public service announcement is brought to you by startpage.com,
[01:00:38.940 --> 01:00:42.940] the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.940 --> 01:00:45.940] Start over with startpage.
[01:00:45.940 --> 01:00:48.940] Imagine your mom and dad are getting ready for bed.
[01:00:48.940 --> 01:00:51.940] They pull back the covers and find a third party there.
[01:00:51.940 --> 01:00:54.940] He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.940 --> 01:00:58.940] That shocking image of a third party in my parents' bed reminds me what the
[01:00:58.940 --> 01:01:00.940] Third Amendment was designed to prevent.
[01:01:00.940 --> 01:01:03.940] It protects us from being forced to share our homes with soldiers,
[01:01:03.940 --> 01:01:06.940] a common demand in the days of our founding fathers.
[01:01:06.940 --> 01:01:08.940] Third party, Third Amendment?
[01:01:08.940 --> 01:01:09.940] Get it?
[01:01:09.940 --> 01:01:12.940] So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.940 --> 01:01:16.940] tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.940 --> 01:01:18.940] I'm Dr. Catherine Albrecht.
[01:01:18.940 --> 01:01:31.940] More news and information at CatherineAlbrecht.com.
[01:01:31.940 --> 01:01:35.940] The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.940 --> 01:01:38.940] They guarantee the specific freedoms Americans should know and protect.
[01:01:38.940 --> 01:01:40.940] Our liberty depends on it.
[01:01:40.940 --> 01:01:43.940] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
[01:01:43.940 --> 01:01:46.940] to remember one of your constitutional rights.
[01:01:46.940 --> 01:01:48.940] Privacy is under attack.
[01:01:48.940 --> 01:01:52.940] When you give up data about yourself, you'll never get it back again.
[01:01:52.940 --> 01:01:56.940] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.940 --> 01:01:58.940] So protect your rights.
[01:01:58.940 --> 01:02:02.940] Say no to surveillance and keep your information to yourself.
[01:02:02.940 --> 01:02:04.940] Privacy, it's worth hanging on to.
[01:02:04.940 --> 01:02:08.940] This public service announcement is brought to you by StartPage.com,
[01:02:08.940 --> 01:02:12.940] the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.940 --> 01:02:15.940] Start over with StartPage.
[01:02:15.940 --> 01:02:19.940] Imagine four eyes staring at you through binoculars, a magnifying glass,
[01:02:19.940 --> 01:02:21.940] or a pair of x-ray goggles.
[01:02:21.940 --> 01:02:25.940] That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[01:02:25.940 --> 01:02:27.940] from unreasonable search and seizure.
[01:02:27.940 --> 01:02:30.940] Fourth Amendment, four eyes staring at you, get it?
[01:02:30.940 --> 01:02:34.940] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.940 --> 01:02:39.940] Keys in point, TSA airport scanners that peer under your clothing.
[01:02:39.940 --> 01:02:43.940] When government employees demand a peep at your privates without probable cause,
[01:02:43.940 --> 01:02:46.940] I say it's time to sound the constitutional alarm bells.
[01:02:46.940 --> 01:02:49.940] Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.940 --> 01:02:53.940] and use their googly eyes to take a gander at the Fourth.
[01:02:53.940 --> 01:03:00.940] I'm Dr. Catherine Ulbricht. More news and information at CatherineUlbricht.com.
[01:03:24.940 --> 01:03:26.940] Thank you.
[01:03:26.940 --> 01:03:54.940] Thank you.
[01:03:56.940 --> 01:03:58.940] Thank you.
[01:04:26.940 --> 01:04:31.940] Okay.
[01:04:31.940 --> 01:04:38.940] Brett accuses me of being old, but he just told me it was November the 5th.
[01:04:38.940 --> 01:04:39.940] Did you buy it?
[01:04:39.940 --> 01:04:40.940] No, I didn't buy it.
[01:04:40.940 --> 01:04:51.940] Randy Calton, Brett Fountain, rule of our radio on this, the 27th day of October, 2022.
[01:04:51.940 --> 01:04:54.940] I know that because I pulled up the calendar.
[01:04:54.940 --> 01:04:57.940] And we need to finish up with Kerry.
[01:04:57.940 --> 01:05:00.940] Guys, we've got full board of callers.
[01:05:00.940 --> 01:05:03.940] And I know you guys have been waiting since just about the beginning of the show.
[01:05:03.940 --> 01:05:12.940] But when we get a really good caller, I use a good caller, especially with Kerry,
[01:05:12.940 --> 01:05:14.940] to demonstrate how things should be done.
[01:05:14.940 --> 01:05:19.940] And I really appreciate it when I get somebody that actually knows what they're doing
[01:05:19.940 --> 01:05:23.940] and we can have a nice complex conversation.
[01:05:23.940 --> 01:05:24.940] Okay.
[01:05:24.940 --> 01:05:26.940] Go ahead, Kerry.
[01:05:26.940 --> 01:05:27.940] Well, I appreciate that.
[01:05:27.940 --> 01:05:29.940] Thank you so much.
[01:05:29.940 --> 01:05:34.940] You guys have really motivated me to take another step.
[01:05:34.940 --> 01:05:40.940] So I've kind of been leaving breadcrumbs for these guys, you know,
[01:05:40.940 --> 01:05:43.940] giving them more rope to hang themselves.
[01:05:43.940 --> 01:05:48.940] So this has been going on for a long time.
[01:05:48.940 --> 01:05:52.940] Well, in that regard, you know, we do pick on these guys a lot.
[01:05:52.940 --> 01:05:58.940] But you do have to admit, when it comes to getting them to do stupid stuff,
[01:05:58.940 --> 01:06:00.940] they are very accommodating.
[01:06:00.940 --> 01:06:01.940] Yes, they are.
[01:06:01.940 --> 01:06:03.940] They really are.
[01:06:03.940 --> 01:06:05.940] You just need to give them a little rope, and they do.
[01:06:05.940 --> 01:06:07.940] And, you know, I've tried to be polite.
[01:06:07.940 --> 01:06:11.940] I've tried to, you know, follow all their rules.
[01:06:11.940 --> 01:06:14.940] They just don't, they don't follow them themselves.
[01:06:14.940 --> 01:06:19.940] So, you know, now I'm getting really fierce about this and fighting back.
[01:06:19.940 --> 01:06:24.940] So I know you need to go.
[01:06:24.940 --> 01:06:29.940] And again, I appreciate all your time because there's a lot of people who want to talk to you also.
[01:06:29.940 --> 01:06:35.940] But the criminal complaint, this is, so I would be filing a private criminal complaint?
[01:06:35.940 --> 01:06:39.940] No, there is no such thing as a private criminal complaint.
[01:06:39.940 --> 01:06:43.940] There was before 1863.
[01:06:43.940 --> 01:06:50.940] Before 1863, if you had a criminal claim against someone, you needed to hire an attorney,
[01:06:50.940 --> 01:06:54.940] and you would take him on in court just like you would for a civil case.
[01:06:54.940 --> 01:07:00.940] But in 1863, they created public prosecutors.
[01:07:00.940 --> 01:07:06.940] Terry, Terry wasn't around for all that.
[01:07:06.940 --> 01:07:12.940] So will this be filing this in the Pennsylvania courts, or is this the federal?
[01:07:12.940 --> 01:07:21.940] No, no, you're, when you file a criminal complaint, you are giving notice to the court of crime.
[01:07:21.940 --> 01:07:27.940] And when you give notice to the court of crime, you are a citizen in a republic.
[01:07:27.940 --> 01:07:32.940] You have the same standing a policeman does to give notice of crime.
[01:07:32.940 --> 01:07:41.940] And when you give notice of crime, public officials have specific statutory duties when given notice of crime.
[01:07:41.940 --> 01:07:48.940] If they don't perform those duties, then they have denied you an equal protection of the laws,
[01:07:48.940 --> 01:07:51.940] and you have a claim to go back after them for it.
[01:07:51.940 --> 01:07:56.940] But as to the crime itself, you don't have anything to do with the punishment.
[01:07:56.940 --> 01:07:59.940] You can only give notice.
[01:07:59.940 --> 01:08:05.940] And then when the public officials, like the prosecutor, decides not to prosecute, then you go after him,
[01:08:05.940 --> 01:08:11.940] interrogate him, accuse him of shielding from prosecution, appeal to the court of common pleas.
[01:08:11.940 --> 01:08:17.940] You accuse him of the crimes with the state attorney general.
[01:08:17.940 --> 01:08:24.940] At the end of the day, it's not about law, it's about politics.
[01:08:24.940 --> 01:08:32.940] When you start asking the state attorney general to prosecute a local prosecutor, he is not going to be at the camper.
[01:08:32.940 --> 01:08:38.940] Those people that got this brought to him, they're going to have a problem with him.
[01:08:38.940 --> 01:08:41.940] It's all politics.
[01:08:41.940 --> 01:08:42.940] Yes.
[01:08:42.940 --> 01:08:43.940] Okay.
[01:08:43.940 --> 01:08:44.940] Well, thank you again.
[01:08:44.940 --> 01:08:47.940] It's been incredibly enlightening for me.
[01:08:47.940 --> 01:08:49.940] So I really appreciate your help.
[01:08:49.940 --> 01:08:53.940] And I continue to listen because I learned so much through all your conversations.
[01:08:53.940 --> 01:08:55.940] So thank you.
[01:08:55.940 --> 01:08:56.940] Well, thank you.
[01:08:56.940 --> 01:08:58.940] And don't be a stranger.
[01:08:58.940 --> 01:09:00.940] I'd love to take care of you.
[01:09:00.940 --> 01:09:01.940] Keep us up to date.
[01:09:01.940 --> 01:09:02.940] Okay.
[01:09:02.940 --> 01:09:05.940] Now we're going to go to Jason in California.
[01:09:05.940 --> 01:09:06.940] Hello, Jason.
[01:09:06.940 --> 01:09:10.940] What do you have for us today?
[01:09:10.940 --> 01:09:11.940] Hello, Randy.
[01:09:11.940 --> 01:09:14.940] I'm Brett.
[01:09:14.940 --> 01:09:15.940] Can you hear me?
[01:09:15.940 --> 01:09:16.940] We can hear you.
[01:09:16.940 --> 01:09:17.940] Yeah.
[01:09:17.940 --> 01:09:18.940] Good evening.
[01:09:18.940 --> 01:09:19.940] Okay, great.
[01:09:19.940 --> 01:09:21.940] Like I didn't hear a response.
[01:09:21.940 --> 01:09:23.940] Well, okay.
[01:09:23.940 --> 01:09:30.940] I am the guy who's dealing with Trader Joe's.
[01:09:30.940 --> 01:09:34.940] Oh, how is that going?
[01:09:34.940 --> 01:09:37.940] It's okay to say this.
[01:09:37.940 --> 01:09:41.940] It's been a shit show.
[01:09:41.940 --> 01:09:44.940] No, no, you can't say shit show on my show.
[01:09:44.940 --> 01:09:47.940] You can say fecal show.
[01:09:47.940 --> 01:09:50.940] It's been a duty circus.
[01:09:50.940 --> 01:09:52.940] Okay.
[01:09:52.940 --> 01:10:01.940] I have my fourth hearing set for November 1st.
[01:10:01.940 --> 01:10:06.940] Now this is regarding a fraudulent restraining order,
[01:10:06.940 --> 01:10:14.940] workplace violence restraining order that they are trying to get against me.
[01:10:14.940 --> 01:10:23.940] So I have some, again, like just basic questions of not,
[01:10:23.940 --> 01:10:27.940] just not knowing the process of certain things.
[01:10:27.940 --> 01:10:31.940] The main, like here's a simple question.
[01:10:31.940 --> 01:10:39.940] I filed, like for example, I filed two motions, a motion to dismiss
[01:10:39.940 --> 01:10:45.940] and there's actually an opposition to remote appearances.
[01:10:45.940 --> 01:10:55.940] Now the liars filed opposition and then I filed a reply.
[01:10:55.940 --> 01:11:03.940] So what I don't comprehend is what exactly happens at the hearing?
[01:11:03.940 --> 01:11:11.940] Like what happens with my reply?
[01:11:11.940 --> 01:11:14.940] Does the judge have any duty to look at these papers?
[01:11:14.940 --> 01:11:21.940] Like am I going to orally just restate within my reply and my motion?
[01:11:21.940 --> 01:11:29.940] Like how does that, how does it work?
[01:11:29.940 --> 01:11:32.940] I'm not really sure what you're asking.
[01:11:32.940 --> 01:11:38.940] You're complaining about the Zoom hearings.
[01:11:38.940 --> 01:11:42.940] When you asked that...
[01:11:42.940 --> 01:11:43.940] Go ahead.
[01:11:43.940 --> 01:11:44.940] I'm sorry.
[01:11:44.940 --> 01:11:49.940] I'm asking about the motion process.
[01:11:49.940 --> 01:11:55.940] I make a motion, they make an opposition and then I reply to their opposition.
[01:11:55.940 --> 01:12:01.940] What's the next, what happens at the hearing when there's an opposition and a reply?
[01:12:01.940 --> 01:12:09.940] Well, at the hearing the court may or may not ask you to orally present your motion
[01:12:09.940 --> 01:12:13.940] and I always say absolutely not.
[01:12:13.940 --> 01:12:17.940] Move the court to rule on the pleadings.
[01:12:17.940 --> 01:12:19.940] Rule on the pleadings.
[01:12:19.940 --> 01:12:24.940] You have the law and the facts before you, rule on what you have before you.
[01:12:24.940 --> 01:12:27.940] I'm not here to add anything else at this late date
[01:12:27.940 --> 01:12:33.940] and I object to the other side adding anything at this late date.
[01:12:33.940 --> 01:12:35.940] Okay.
[01:12:35.940 --> 01:12:45.940] Now, they want to give that lawyer opportunity to use his expertise and skill to roll over you.
[01:12:45.940 --> 01:12:56.940] You get this objection in front of them and that kind of queers the deal for them.
[01:12:56.940 --> 01:13:04.940] Your pro se, it's patently unfair to pit a pro se lawyer, I'm sorry,
[01:13:04.940 --> 01:13:10.940] a pro se litigant against a professional lawyer in open court.
[01:13:10.940 --> 01:13:17.940] It gives the lawyer unfair advantage so move the court to rule on the pleadings.
[01:13:17.940 --> 01:13:20.940] And that's an appealable issue.
[01:13:20.940 --> 01:13:30.940] If the court denies it and then if the lawyer tries to speak you object to everything.
[01:13:30.940 --> 01:13:41.940] Let me answer you this because two months ago I did a motion to dismiss and it got denied.
[01:13:41.940 --> 01:13:43.940] I objected.
[01:13:43.940 --> 01:13:44.940] Hold on, hold on.
[01:13:44.940 --> 01:13:48.940] Did you file an interlocutory appeal?
[01:13:48.940 --> 01:13:50.940] No.
[01:13:50.940 --> 01:13:53.940] That's a dispositive motion.
[01:13:53.940 --> 01:13:58.940] Dismiss would dispose of the case.
[01:13:58.940 --> 01:14:05.940] Give a notice of interlocutory appeal and file an appeal with the court of appeals.
[01:14:05.940 --> 01:14:12.940] These trial courts, they get to screw you around all they want to, especially if you're a pro se.
[01:14:12.940 --> 01:14:18.940] And they really don't like it when you jerk it out of their court and take it up to the court of appeals.
[01:14:18.940 --> 01:14:24.940] Court of appeals, when they render a ruling, it becomes law.
[01:14:24.940 --> 01:14:33.940] If they try to screw you, then they risk damaging the corpus juris, the body of law.
[01:14:33.940 --> 01:14:41.940] And the trial court does not like you waving their bad behavior in front of the appellate court judges.
[01:14:41.940 --> 01:14:50.940] So look for every opportunity you can find to jerk it out of their court and take it to the appellate court.
[01:14:50.940 --> 01:14:53.940] What they're likely to have is a lawyer who doesn't do appeals.
[01:14:53.940 --> 01:15:01.940] So they have to fire another lawyer to address the appellate, the interlocutory appeal.
[01:15:01.940 --> 01:15:03.940] Crank the cost up.
[01:15:03.940 --> 01:15:10.940] Is there like a time frame, time limit to doing that?
[01:15:10.940 --> 01:15:13.940] Generally, yes.
[01:15:13.940 --> 01:15:19.940] You'd have to check California law, but generally you've got like 15 to 30 days.
[01:15:19.940 --> 01:15:20.940] But it doesn't matter.
[01:15:20.940 --> 01:15:24.940] Time limits are not bars.
[01:15:24.940 --> 01:15:29.940] Time limits are affirmative defenses.
[01:15:29.940 --> 01:15:31.940] That's like statute of limitations.
[01:15:31.940 --> 01:15:36.940] Oh, you sued me and you're supposed to sue me in two years and you sued me in four years.
[01:15:36.940 --> 01:15:39.940] Well, I can sue you in four years.
[01:15:39.940 --> 01:15:47.940] If you don't like it, then you have to oppose it as an affirmative defense.
[01:15:47.940 --> 01:15:53.940] If you don't raise that affirmative defense, then you waive it.
[01:15:53.940 --> 01:15:57.940] So don't worry about the limitation.
[01:15:57.940 --> 01:16:00.940] The other side has to oppose it.
[01:16:00.940 --> 01:16:04.940] File it anyway.
[01:16:04.940 --> 01:16:07.940] It'd be great practice.
[01:16:07.940 --> 01:16:09.940] Sure.
[01:16:09.940 --> 01:16:11.940] I mean, I'm learning all sorts of stuff doing what I'm doing.
[01:16:11.940 --> 01:16:20.940] Well, can we speak more to different options of objecting?
[01:16:20.940 --> 01:16:28.940] I made a list here and my understanding is in court orally we object.
[01:16:28.940 --> 01:16:35.940] And then it can also be recommended to do a written objection, right?
[01:16:35.940 --> 01:16:37.940] You have to ask for it.
[01:16:37.940 --> 01:16:38.940] Hang on.
[01:16:38.940 --> 01:16:40.940] We're about to go to our sponsors.
[01:16:40.940 --> 01:16:42.940] Okay, I've got 20 seconds.
[01:16:42.940 --> 01:16:47.940] In open court, the only way to object is orally.
[01:16:47.940 --> 01:16:51.940] If the court wants it in writing, you tell them, well, I'll get you one in writing,
[01:16:51.940 --> 01:16:55.940] but right now I want it on the record that I object.
[01:16:55.940 --> 01:16:56.940] Hang on.
[01:16:56.940 --> 01:17:00.940] Randy Kelton, Brett Fountain, we'll be right back.
[01:17:00.940 --> 01:17:05.940] Are you looking to have a closer relationship with God and a better understanding of His Word?
[01:17:05.940 --> 01:17:10.940] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central time
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[01:19:00.940 --> 01:19:10.940] This is the Logos Logos Radio Network.
[01:19:10.940 --> 01:19:35.940] Okay, we are back.
[01:19:35.940 --> 01:19:41.940] Randy Kelton, Brett Fountain, Rule of Law Radio, and we are talking to Jason in California.
[01:19:41.940 --> 01:19:47.940] And we were talking about how to annoy lawyers.
[01:19:47.940 --> 01:19:53.940] You really need to go on the Internet and pull something down on objections.
[01:19:53.940 --> 01:19:59.940] Lawyers cannot offer any facts to the court that are not already before the court.
[01:19:59.940 --> 01:20:02.940] But they sure try it all the time. They will.
[01:20:02.940 --> 01:20:06.940] And they are very surprised if you catch them.
[01:20:06.940 --> 01:20:11.940] You ask the judge, if the lawyer wants to testify,
[01:20:11.940 --> 01:20:20.940] I would like you to put him on the stand and swear him in.
[01:20:20.940 --> 01:20:28.940] You go online, and there's a bunch of stuff out there on how to handle objections.
[01:20:28.940 --> 01:20:33.940] You need to really be helpful. And you have a lot of fun with them. Just jerk them around.
[01:20:33.940 --> 01:20:37.940] Yeah, and it's tied closely to your local rules of evidence.
[01:20:37.940 --> 01:20:42.940] So if you're, was it California, you said?
[01:20:42.940 --> 01:20:44.940] Yeah, yeah.
[01:20:44.940 --> 01:20:51.940] So get familiar with the California rules of evidence, and you'll be able to object.
[01:20:51.940 --> 01:20:59.940] And the way you read the rules of evidence, you read it for, how can I stick it to the lawyer?
[01:20:59.940 --> 01:21:02.940] How can I sting him and him not see it coming?
[01:21:02.940 --> 01:21:09.940] Because lawyers, for the most part, they're pretty lenient with other lawyers.
[01:21:09.940 --> 01:21:14.940] They're not picky-picky. So they let lawyers get away with stuff.
[01:21:14.940 --> 01:21:18.940] So you don't care if the lawyer likes you or not.
[01:21:18.940 --> 01:21:22.940] And you're not worried about him doing it to you in another case.
[01:21:22.940 --> 01:21:34.940] So you get to use how to handle objections as a way to really drive him crazy and keep him off his game.
[01:21:34.940 --> 01:21:41.940] They do that to you. They object to nonsense stuff.
[01:21:41.940 --> 01:21:47.940] That's just to keep you from being able to present something coherent.
[01:21:47.940 --> 01:21:52.940] And if they do that, then you stop and start back at the beginning.
[01:21:52.940 --> 01:21:55.940] And if the judge objects, you say, I know, Your Honor,
[01:21:55.940 --> 01:22:01.940] but this lawyer keeps bringing up these frivolous objections just to break my continuity.
[01:22:01.940 --> 01:22:04.940] So I needed to go back over this so it all makes sense.
[01:22:04.940 --> 01:22:08.940] And he'll finally get annoyed at the other lawyer.
[01:22:08.940 --> 01:22:12.940] But they've got a bunch of good treatments on how to handle objections.
[01:22:12.940 --> 01:22:17.940] Just read one or two of them, and you shouldn't have any problem.
[01:22:17.940 --> 01:22:26.940] So there's another in my list that I wrote of basically dealing with a motion that gets denied.
[01:22:26.940 --> 01:22:35.940] Because I've heard, Brett, you've done a process of raising an exception to judicial error.
[01:22:35.940 --> 01:22:42.940] And you've done it orally, and then you've also sent written version.
[01:22:42.940 --> 01:22:51.940] Can you just explain what exactly is that and when is it good to use that?
[01:22:51.940 --> 01:22:57.940] Well, an exception is similar to an objection.
[01:22:57.940 --> 01:23:05.940] An objection is you're asking the judge to rule on something that's inappropriate that the opposite,
[01:23:05.940 --> 01:23:08.940] the adverse party did something, and they're not supposed to.
[01:23:08.940 --> 01:23:10.940] And you want the judge to fix it right now.
[01:23:10.940 --> 01:23:14.940] You want it to be addressed.
[01:23:14.940 --> 01:23:21.940] But then there's other things that the judge may do, like, well, I'm pretty sure I have jurisdiction.
[01:23:21.940 --> 01:23:24.940] We're just going to go ahead and pretend like I do.
[01:23:24.940 --> 01:23:32.940] Well, you can't really ask the judge to rule on whether or not that was appropriate because the judge did it.
[01:23:32.940 --> 01:23:42.940] So you need the appeals court to look at that, not the judge himself.
[01:23:42.940 --> 01:23:49.940] So when you raise an exception, you're kind of like throwing a flag on the field for somebody to review it.
[01:23:49.940 --> 01:23:51.940] Okay.
[01:23:51.940 --> 01:23:55.940] You have to let the judge, you have to put on the record.
[01:23:55.940 --> 01:24:03.940] If the judge does something and you don't raise an exception, then the court presumes that you agree with it.
[01:24:03.940 --> 01:24:10.940] Anything the judge does you don't agree with, just notify the courts you take exception to the ruling,
[01:24:10.940 --> 01:24:14.940] and that preserves your objection for appeal.
[01:24:14.940 --> 01:24:24.940] And then submitting a written version of an exception, that just makes it easy to locate in the record.
[01:24:24.940 --> 01:24:28.940] There's no benefit to doing a written one.
[01:24:28.940 --> 01:24:29.940] No.
[01:24:29.940 --> 01:24:34.940] If you've done it, if you verbally said it, that's fine.
[01:24:34.940 --> 01:24:40.940] The written one is useful if something happens that wasn't in open court.
[01:24:40.940 --> 01:24:50.940] You figured out on the way home from court, oh my goodness, the judge is operating without authority.
[01:24:50.940 --> 01:24:55.940] Well, I need to raise exceptions, so you file it in written form.
[01:24:55.940 --> 01:25:03.940] Yeah, and sometimes the judge will get PO'd at you if he's in the middle of saying something and you raise an objection.
[01:25:03.940 --> 01:25:08.940] Now lawyers do that to you all the time, but judges don't like it when you do it to them.
[01:25:08.940 --> 01:25:14.940] So you can wait till the end, and a lot of times when they say a lot of stuff, things get lost.
[01:25:14.940 --> 01:25:17.940] Keep notes.
[01:25:17.940 --> 01:25:20.940] Always have a pen in your hand.
[01:25:20.940 --> 01:25:22.940] Well, so far...
[01:25:22.940 --> 01:25:29.940] Because you're a pro se, so this is like the first time you've ever ridden a bicycle.
[01:25:29.940 --> 01:25:35.940] You can't keep track of all of it, so you can ask the judge to hold on for a minute.
[01:25:35.940 --> 01:25:38.940] I'm taking notes and I can't keep up.
[01:25:38.940 --> 01:25:42.940] Can you hang on just a second? Let me take some notes here.
[01:25:42.940 --> 01:25:47.940] You can do these kinds of things. This is kind of like a business meeting.
[01:25:47.940 --> 01:25:52.940] People go into court and they think there's this hard and fast script.
[01:25:52.940 --> 01:25:55.940] No, there's not.
[01:25:55.940 --> 01:26:01.940] These are two sides trying to find a solution.
[01:26:01.940 --> 01:26:06.940] And if things are going too quickly, you can ask them to slow down.
[01:26:06.940 --> 01:26:11.940] If you're trying to take notes, you say, Your Honor, I need to take a note here.
[01:26:11.940 --> 01:26:16.940] Give me just a second so that I don't lose track of what you're saying.
[01:26:16.940 --> 01:26:23.940] It doesn't matter what they say. If they say no and they keep going, then you put down an objection.
[01:26:23.940 --> 01:26:29.940] You're telling the judge that everything you're doing, I'm going to bring to the Court of Appeals.
[01:26:29.940 --> 01:26:35.940] Hire a court that can tell you what to do, and they hate that.
[01:26:35.940 --> 01:26:39.940] They hate somebody else messing in their business.
[01:26:39.940 --> 01:26:44.940] It's just like if you're in a business meeting and you have a question,
[01:26:44.940 --> 01:26:51.940] but you don't want to interrupt the whole thing, so you ask them to give you a second and then keep going.
[01:26:51.940 --> 01:26:56.940] As long as what you're doing sounds reasonable.
[01:26:56.940 --> 01:27:12.940] So just to update on where the case is at, I sent discovery requests in like mid-August,
[01:27:12.940 --> 01:27:20.940] interrogatory and request for production.
[01:27:20.940 --> 01:27:29.940] And at the hearing in September, I informed the commissioner, the temporary judge,
[01:27:29.940 --> 01:27:36.940] and the liar on the other side, she said that she received them,
[01:27:36.940 --> 01:27:43.940] and the commissioner asked what's the status, and they said they're drafting responses,
[01:27:43.940 --> 01:27:50.940] and they're going to get back at the statutory timeframe.
[01:27:50.940 --> 01:28:01.940] So a month later, what happened, on the very last day, they mail a letter to me
[01:28:01.940 --> 01:28:05.940] that basically says they don't have to respond.
[01:28:05.940 --> 01:28:08.940] Ask for sanctions.
[01:28:08.940 --> 01:28:13.940] Well, I'll tell you what I did.
[01:28:13.940 --> 01:28:22.940] So, and seeing what the options were, I went with a show cause
[01:28:22.940 --> 01:28:26.940] why they shouldn't be held in contempt.
[01:28:26.940 --> 01:28:28.940] That's what I was going to ask you about.
[01:28:28.940 --> 01:28:34.940] So I'm not totally familiar with it, and I don't know what to...
[01:28:34.940 --> 01:28:44.940] The first issue is that show cause got, the hearing got scheduled for the 17th of November.
[01:28:44.940 --> 01:28:50.940] So the hearing on everything is November 1st.
[01:28:50.940 --> 01:28:53.940] I don't see how we can even have a hearing,
[01:28:53.940 --> 01:28:57.940] like we can't proceed without addressing this show cause
[01:28:57.940 --> 01:29:03.940] and the failure to provide discovery, right?
[01:29:03.940 --> 01:29:07.940] I certainly object to the hearing for that reason.
[01:29:07.940 --> 01:29:11.940] Is there a way to bring the show cause into the hearing,
[01:29:11.940 --> 01:29:17.940] even though it's scheduled for three weeks out?
[01:29:17.940 --> 01:29:18.940] Wait a minute.
[01:29:18.940 --> 01:29:20.940] Brett, did you get that?
[01:29:20.940 --> 01:29:22.940] Does that make sense?
[01:29:22.940 --> 01:29:24.940] Scheduled three weeks out.
[01:29:24.940 --> 01:29:26.940] What's three weeks out?
[01:29:26.940 --> 01:29:30.940] The show cause hearing.
[01:29:30.940 --> 01:29:34.940] And do they have some kind of hearing before that?
[01:29:34.940 --> 01:29:43.940] Yeah, the hearing on the restraint order and the other motions that I did.
[01:29:43.940 --> 01:29:48.940] Okay, this is getting too confusing and we're about to go to our sponsors.
[01:29:48.940 --> 01:29:50.940] We've got a whole board of callers.
[01:29:50.940 --> 01:29:54.940] Can you call in tomorrow night and we can spend more time with this?
[01:29:54.940 --> 01:29:55.940] Yeah.
[01:29:55.940 --> 01:30:02.940] If we could do that, then we can handle our other callers tonight.
[01:30:02.940 --> 01:30:06.940] Reality TV, sugar, obesity, jet lag,
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[01:30:09.940 --> 01:30:12.940] But now researchers say we can add stress to the list.
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[01:30:28.940 --> 01:30:32.940] Say no to surveillance and keep your information to yourself.
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[01:31:30.940 --> 01:31:36.940] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.940 --> 01:31:38.940] The government says that fire brought it down.
[01:31:38.940 --> 01:31:43.940] However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:55.940 --> 01:31:57.940] We're Americans, and we deserve the truth.
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[01:32:02.940 --> 01:32:05.940] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[01:32:07.940 --> 01:32:09.940] If we, the people, are ever going to have a free society,
[01:32:09.940 --> 01:32:12.940] then we're going to have to stand and defend our own rights.
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[01:33:01.940 --> 01:33:11.940] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.940 --> 01:33:41.940] Thank you for listening to the Logos Radio Network.
[01:34:01.940 --> 01:34:11.940] Thank you for listening.
[01:34:31.940 --> 01:34:42.940] Okay, we are back.
[01:34:42.940 --> 01:34:45.940] We're in the Fountainbreath Fountain, Rule of Law Radio.
[01:34:45.940 --> 01:34:47.940] We're talking to Jason in California.
[01:34:47.940 --> 01:34:52.940] Jason, can you call us back tomorrow night, and we can spend more time with you?
[01:34:52.940 --> 01:34:54.940] Will do. Love it. Thank you.
[01:34:54.940 --> 01:34:56.940] Thank you, Jason.
[01:34:56.940 --> 01:34:59.940] Okay, now we're going to go to Scott in Georgia.
[01:34:59.940 --> 01:35:03.940] Scott, where have you been?
[01:35:03.940 --> 01:35:14.940] Oh, I've been caught up in a suit with a landlord.
[01:35:14.940 --> 01:35:21.940] You know, with the American economy taking a crash, the landlord's getting greedy.
[01:35:21.940 --> 01:35:27.940] Well, you can fight with the landlords, but you've got to consider their position.
[01:35:27.940 --> 01:35:34.940] When I was looking at all this going on, they're preventing landlords from evicting people who can't pay the rent.
[01:35:34.940 --> 01:35:42.940] But the landlord has a mortgage he has to pay, and nobody's cutting him any slack.
[01:35:42.940 --> 01:35:46.940] Yeah, well, that wasn't really the problem.
[01:35:46.940 --> 01:35:50.940] You know, we were paying the rent on time.
[01:35:50.940 --> 01:35:53.940] Wait a minute, Scott.
[01:35:53.940 --> 01:35:54.940] Yeah.
[01:35:54.940 --> 01:36:03.940] I've been taking these stem cells, and they caused something to happen that used to happen to me when I was young.
[01:36:03.940 --> 01:36:10.940] When I was younger, somebody's name that I hadn't talked to in a long time would come into my head.
[01:36:10.940 --> 01:36:14.940] And then the next day or two, I would talk to them.
[01:36:14.940 --> 01:36:19.940] Yesterday, I called Scott Richardson.
[01:36:19.940 --> 01:36:25.940] And while I was calling him, I thought, Scott in Georgia, what the heck happened to him?
[01:36:25.940 --> 01:36:29.940] I hadn't talked to him in forever.
[01:36:29.940 --> 01:36:33.940] And here you are.
[01:36:33.940 --> 01:36:34.940] Yeah.
[01:36:34.940 --> 01:36:36.940] Do, do, do, do, do, do, do.
[01:36:36.940 --> 01:36:39.940] This is not the Twilight Zone.
[01:36:39.940 --> 01:36:40.940] Yeah.
[01:36:40.940 --> 01:36:41.940] Well, I know.
[01:36:41.940 --> 01:36:44.940] I've experienced that myself, what you're talking about.
[01:36:44.940 --> 01:36:50.940] There is a beyond this realm connection that people have.
[01:36:50.940 --> 01:36:52.940] Yes, sir.
[01:36:52.940 --> 01:36:54.940] I wrote a book about that once.
[01:36:54.940 --> 01:36:57.940] A two-story house and all that.
[01:36:57.940 --> 01:36:58.940] Okay.
[01:36:58.940 --> 01:36:59.940] I interrupted you.
[01:36:59.940 --> 01:37:01.940] Go ahead.
[01:37:01.940 --> 01:37:03.940] No, that's all right.
[01:37:03.940 --> 01:37:13.940] But what I called in for was I'm in a very interesting position in this lawsuit.
[01:37:13.940 --> 01:37:23.940] I'm a petitioner in it, but I'm also attorney in fact at that position.
[01:37:23.940 --> 01:37:33.940] And Georgia has a statute, 9-11-17, that a writ, you can bring a suit,
[01:37:33.940 --> 01:37:39.940] somebody can bring a suit, like a personal representative can bring a suit in somebody's,
[01:37:39.940 --> 01:37:44.940] in the party, in the real name, the party's real name.
[01:37:44.940 --> 01:37:50.940] So I'm in a very interesting position, but I'm not attorney at law with a license.
[01:37:50.940 --> 01:37:51.940] So they've been...
[01:37:51.940 --> 01:37:54.940] Well, you don't have to be in any state.
[01:37:54.940 --> 01:37:59.940] You have a constitutional right to represent yourself.
[01:37:59.940 --> 01:38:00.940] Well, yeah.
[01:38:00.940 --> 01:38:08.940] Actually, what it says is, is you have a right to counsel of your choice.
[01:38:08.940 --> 01:38:16.940] It really doesn't say you have a right to represent yourself, but that's not how rights work.
[01:38:16.940 --> 01:38:17.940] Yes.
[01:38:17.940 --> 01:38:29.940] Nowhere in law, anywhere, does it stipulate that you must have a certain type of legal counsel
[01:38:29.940 --> 01:38:32.940] unless you are in a corporation.
[01:38:32.940 --> 01:38:34.940] Exactly.
[01:38:34.940 --> 01:38:40.940] Only a corporation has to have a lawyer represent them because they're a legal fiction.
[01:38:40.940 --> 01:38:44.940] They're not a living, breathing human being.
[01:38:44.940 --> 01:38:52.940] So as a living, breathing human being, you can do this because nothing prevents you from it.
[01:38:52.940 --> 01:38:54.940] Yes.
[01:38:54.940 --> 01:39:01.940] The catch is, is there's another individual, another petitioner.
[01:39:01.940 --> 01:39:08.940] And they think, you know, this petitioner, the other individual is the tenant on the contract.
[01:39:08.940 --> 01:39:12.940] I wasn't on the contract, the lease agreement.
[01:39:12.940 --> 01:39:13.940] Okay.
[01:39:13.940 --> 01:39:15.940] How do you have standing?
[01:39:15.940 --> 01:39:22.940] I lived at the property several years, and the landlord never took interest to come by.
[01:39:22.940 --> 01:39:27.940] And so he never learned about me.
[01:39:27.940 --> 01:39:37.940] But living there, they put us in danger because a house pretty much can be blighted property,
[01:39:37.940 --> 01:39:40.940] just considered blighted property.
[01:39:40.940 --> 01:39:45.940] And that's what the individual on the contract is suing for.
[01:39:45.940 --> 01:39:46.940] Okay. Hold on.
[01:39:46.940 --> 01:39:51.940] In Georgia, is this property in Georgia?
[01:39:51.940 --> 01:39:53.940] Yes, sir.
[01:39:53.940 --> 01:39:59.940] What are the adverse possession laws in Georgia?
[01:39:59.940 --> 01:40:07.940] Adverse possession would, there's a statute that speaks that the possessor of the house,
[01:40:07.940 --> 01:40:20.940] I guess, you know, the contract holder, if the possessor is an adverse to the person that claims to be the landlord,
[01:40:20.940 --> 01:40:27.940] you know, there's no, it talks about rent.
[01:40:27.940 --> 01:40:31.940] The landlord has to prove itself, be the landlord.
[01:40:31.940 --> 01:40:33.940] No, wait, wait.
[01:40:33.940 --> 01:40:37.940] Every state has adverse possession laws.
[01:40:37.940 --> 01:40:48.940] So you're in this house, but you don't have a contract with the owner of the house authorizing you to be in the house.
[01:40:48.940 --> 01:40:50.940] Yes.
[01:40:50.940 --> 01:40:51.940] That's adverse possession.
[01:40:51.940 --> 01:40:53.940] No, I'm with Doug.
[01:40:53.940 --> 01:40:58.940] And if you've been there several years, you gain certain rights.
[01:40:58.940 --> 01:41:07.940] If the owner of the property did not want you in there, they had a duty to take action to remove you from the property.
[01:41:07.940 --> 01:41:13.940] If they didn't, over time, you gain adverse possession rights.
[01:41:13.940 --> 01:41:19.940] Yes. Okay. See, I haven't studied the adverse possession rights in depth.
[01:41:19.940 --> 01:41:30.940] I just came across one talking about rent because part of the dispute, the last month's rent is in controversy.
[01:41:30.940 --> 01:41:39.940] That's one of the controversies because we're bringing fraud upon contracts because he never took interest in the property.
[01:41:39.940 --> 01:41:43.940] Are they trying to collect rent from you?
[01:41:43.940 --> 01:41:50.940] Well, they moved for a dispositary proceeding.
[01:41:50.940 --> 01:42:06.940] All that could have been avoided if their attorney would have just been, you know, would have done the job and contacted us and been friendly in litigation.
[01:42:06.940 --> 01:42:10.940] But he was adverse to us.
[01:42:10.940 --> 01:42:14.940] So did you bargrieve him into the Stone Age?
[01:42:14.940 --> 01:42:25.940] No, I haven't bargrieved him, but the judge, the Superior Court judge, he's claiming that I have bombarded the court with useless paper.
[01:42:25.940 --> 01:42:29.940] That's not the case.
[01:42:29.940 --> 01:42:36.940] Okay, wait a minute. What does that mean, legally?
[01:42:36.940 --> 01:42:40.940] They're trying to get me out of the way.
[01:42:40.940 --> 01:42:45.940] What does useless paper mean?
[01:42:45.940 --> 01:42:52.940] They think, now I guess they're trying to suggest that what I have filed is worthless.
[01:42:52.940 --> 01:42:55.940] But it's not what you can say.
[01:42:55.940 --> 01:43:00.940] Are they saying that your filings are frivolous?
[01:43:00.940 --> 01:43:05.940] They didn't say frivolous. They just said I bombarded the court.
[01:43:05.940 --> 01:43:11.940] And they're wanting me out of the way is what it is because I'm bringing the hammered out off.
[01:43:11.940 --> 01:43:20.940] Okay, that's why I mentioned adverse possession because adverse possession can give you legal standing.
[01:43:20.940 --> 01:43:27.940] And they can't brush you out of the way. So make sure you check adverse possession for Georgia.
[01:43:27.940 --> 01:43:32.940] I've helped people use that in the past, and it can be very powerful.
[01:43:32.940 --> 01:43:36.940] But we are about to go to our sponsors, Randy Kelton, Brett Fowler.
[01:43:36.940 --> 01:43:40.940] I've got about 23 seconds. I have Scott from Georgia and Chris from Colorado.
[01:43:40.940 --> 01:43:46.940] Chris, I don't think we're going to be able to get to you in time.
[01:43:46.940 --> 01:43:54.940] No, we're on Scott. Maybe we can. I'll blow off Scott from Georgia pretty quick on the next segment.
[01:43:54.940 --> 01:43:59.940] Hang on. Just kidding, Scott. We'll be right back.
[01:43:59.940 --> 01:44:00.940] Dang, cookies.
[01:44:00.940 --> 01:44:02.940] Cookies? Me love cookies.
[01:44:02.940 --> 01:44:05.940] Oh, hi, Cookie Munchers. No, these are yucky cookies.
[01:44:05.940 --> 01:44:08.940] Cookies? Yucky? No, no bad cookies.
[01:44:08.940 --> 01:44:11.940] You can't even eat these cookies. These are cyber cookies.
[01:44:11.940 --> 01:44:13.940] No, can't eat?
[01:44:13.940 --> 01:44:16.940] No, they are cyber cookies and they clog up your computer.
[01:44:16.940 --> 01:44:17.940] Me have apple.
[01:44:17.940 --> 01:44:20.940] Really? Oh, that's an actual apple.
[01:44:20.940 --> 01:44:22.940] Yummy apple.
[01:44:22.940 --> 01:44:26.940] I'm going to throw away these yucky cookies in the trash.
[01:44:26.940 --> 01:44:32.940] I click control, shift, delete, and then scroll down to cookies and clear them.
[01:44:32.940 --> 01:44:34.940] Bye bye, yucky cookies.
[01:44:34.940 --> 01:44:40.940] Now I go to logosradio.network.com and I click on the Amazon box on the upper right-hand side,
[01:44:40.940 --> 01:44:46.940] bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies.
[01:44:46.940 --> 01:44:48.940] New cookies? For me?
[01:44:48.940 --> 01:44:50.940] Consider it an early Christmas present.
[01:44:50.940 --> 01:44:56.940] And every time I order on Amazon, I go through this link and I give a little present to this radio network, too.
[01:44:56.940 --> 01:44:57.940] C is for cookie.
[01:44:57.940 --> 01:45:00.940] C is for classified.
[01:45:00.940 --> 01:45:03.940] Are you the plaintiff or defendant in a lawsuit?
[01:45:03.940 --> 01:45:06.940] Win your case without an attorney with Jurisdictionary,
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[01:46:04.940 --> 01:46:22.940] Hello. Oh, man. He in jail. He got busted. Oh, man, I'm broke, dude.
[01:46:22.940 --> 01:46:26.940] Some things in this world I will never understand.
[01:46:26.940 --> 01:46:30.940] Some things I realize foolish.
[01:46:30.940 --> 01:46:34.940] Somebody's gonna police that policeman.
[01:46:34.940 --> 01:46:38.940] Somebody's gonna police the police.
[01:46:38.940 --> 01:46:43.940] There's always a room at the top of the hill.
[01:46:43.940 --> 01:46:48.940] I hear through the grapevine and it's lonely left, too.
[01:46:48.940 --> 01:46:52.940] They're wishing it was more than opposition to bill.
[01:46:52.940 --> 01:46:54.940] They know that if they don't do it...
[01:46:54.940 --> 01:47:00.940] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:47:00.940 --> 01:47:05.940] I think we kind of blew off Jeff here.
[01:47:05.940 --> 01:47:08.940] No, Scott. Scott, are you still there?
[01:47:08.940 --> 01:47:11.940] Yeah, sir. I'm here.
[01:47:11.940 --> 01:47:14.940] Okay, call us back tomorrow night. We'll have more time.
[01:47:14.940 --> 01:47:16.940] Okay.
[01:47:16.940 --> 01:47:22.940] And look up, in the meantime, look up adverse possession laws in Georgia
[01:47:22.940 --> 01:47:25.940] and see what kind of standing you can get.
[01:47:25.940 --> 01:47:29.940] You know, in Texas, if you see a house that looks like it's not lived in,
[01:47:29.940 --> 01:47:31.940] you can just move into it.
[01:47:31.940 --> 01:47:34.940] Mow the lawn, pay the taxes on it.
[01:47:34.940 --> 01:47:39.940] If nobody orders you out of that house within seven years, it's yours.
[01:47:39.940 --> 01:47:42.940] You can go down and claim it.
[01:47:42.940 --> 01:47:46.940] Yeah, yeah. Yeah, we've moved out of the house and all.
[01:47:46.940 --> 01:47:48.940] We're just on a contract with Broad
[01:47:48.940 --> 01:47:53.940] because the individual on the contract has invested a lot of money into it.
[01:47:53.940 --> 01:47:56.940] They never get the house in prepared.
[01:47:56.940 --> 01:47:59.940] And it's had habitable issues and safety issues.
[01:47:59.940 --> 01:48:04.940] Okay, have you read the property code for Georgia?
[01:48:04.940 --> 01:48:07.940] Yeah, yeah. We're deep in it.
[01:48:07.940 --> 01:48:10.940] But my main question was the attorney in fact.
[01:48:10.940 --> 01:48:14.940] Do you all have something like that out there?
[01:48:14.940 --> 01:48:22.940] Attorney in fact, as far as I know, is not really a legal term.
[01:48:22.940 --> 01:48:26.940] It's more a descriptive term.
[01:48:26.940 --> 01:48:29.940] You're calling yourself an attorney in fact.
[01:48:29.940 --> 01:48:33.940] You're really just an interested party.
[01:48:33.940 --> 01:48:41.940] Yeah, well, the Georgia Code states that if attorney in fact has a power of attorney,
[01:48:41.940 --> 01:48:48.940] a principal's power of attorney, that they can bring claims and litigation into a court.
[01:48:48.940 --> 01:48:51.940] Okay, well, anybody with power, that goes to power of attorney.
[01:48:51.940 --> 01:48:59.940] Do you have power of attorney for the, no, no, you can't be the lawyer.
[01:48:59.940 --> 01:49:06.940] You can bring an original issue in certain circumstances.
[01:49:06.940 --> 01:49:08.940] Okay, so that's what I'm trying to figure out there.
[01:49:08.940 --> 01:49:12.940] Okay, do you have someone who is disabling?
[01:49:12.940 --> 01:49:13.940] Huh?
[01:49:13.940 --> 01:49:17.940] Is the principal disabled?
[01:49:17.940 --> 01:49:20.940] No, they're not disabled.
[01:49:20.940 --> 01:49:25.940] Do you have durable power of attorney for the principal?
[01:49:25.940 --> 01:49:27.940] Yeah, yeah.
[01:49:27.940 --> 01:49:30.940] They're giving me authority to do it.
[01:49:30.940 --> 01:49:38.940] The way the Georgia statute's language suggests is I can bring a claim and maintain a claim.
[01:49:38.940 --> 01:49:40.940] Attorney in fact.
[01:49:40.940 --> 01:49:45.940] Okay, if you have durable power of attorney, then depending on the laws in Georgia,
[01:49:45.940 --> 01:49:49.940] good chance you can, you know, they can gripe all they want to.
[01:49:49.940 --> 01:49:52.940] Have you been bargaining with them every time they open their mouth?
[01:49:52.940 --> 01:49:54.940] Well, this is what's happened.
[01:49:54.940 --> 01:49:57.940] They silenced me and threatened me for jail.
[01:49:57.940 --> 01:50:01.940] So basically it matters science because I have the principal.
[01:50:01.940 --> 01:50:03.940] Wait, they, they, they, who is they?
[01:50:03.940 --> 01:50:09.940] The principal, or they is the government, like the chief judge that I'm dealing with.
[01:50:09.940 --> 01:50:14.940] Have you filed against the judge?
[01:50:14.940 --> 01:50:21.940] No, but I'm trying to set up the record in way to attack him with the public court.
[01:50:21.940 --> 01:50:25.940] Okay, I have too many questions.
[01:50:25.940 --> 01:50:30.940] I don't know how to speak intelligently to your issue yet because I got too many questions.
[01:50:30.940 --> 01:50:37.940] Call back tomorrow night and I'll start out by sorting out all the actors.
[01:50:37.940 --> 01:50:42.940] So we'll kind of know who has standing to do what.
[01:50:42.940 --> 01:50:44.940] Okay, okay.
[01:50:44.940 --> 01:50:46.940] Okay, I'll talk to you tomorrow night.
[01:50:46.940 --> 01:50:48.940] All right, yes, sir.
[01:50:48.940 --> 01:50:49.940] Okay, thank you, Scott.
[01:50:49.940 --> 01:50:51.940] Now we're going to go to Chris in Colorado.
[01:50:51.940 --> 01:50:56.940] Chris, what are you up to today?
[01:50:56.940 --> 01:50:57.940] Hey, Randy.
[01:50:57.940 --> 01:50:59.940] I just have a couple quick ones.
[01:50:59.940 --> 01:51:01.940] I'd like to call back in another night.
[01:51:01.940 --> 01:51:05.940] I do need some help, but I made a boo-boo this week.
[01:51:05.940 --> 01:51:07.940] I'm having a hard time keeping up with everything.
[01:51:07.940 --> 01:51:11.940] I think you guys told you why, but I missed a...
[01:51:11.940 --> 01:51:12.940] Wait a minute, wait a minute.
[01:51:12.940 --> 01:51:14.940] You have a head injury.
[01:51:14.940 --> 01:51:15.940] Yeah.
[01:51:15.940 --> 01:51:19.940] Have you read the Americans with Disabilities Act?
[01:51:19.940 --> 01:51:21.940] I'm a little bit familiar with it.
[01:51:21.940 --> 01:51:23.940] Yeah, but I don't know how to apply.
[01:51:23.940 --> 01:51:25.940] What were you thinking about?
[01:51:25.940 --> 01:51:32.940] Well, if you're having difficulty and you have a disability,
[01:51:32.940 --> 01:51:38.940] the court has a duty to accommodate your disability.
[01:51:38.940 --> 01:51:42.940] If you need more time, you can't keep up with this,
[01:51:42.940 --> 01:51:46.940] and you have a disability, you can jerk them into federal courts
[01:51:46.940 --> 01:51:50.940] or just notify them that you have a disability
[01:51:50.940 --> 01:51:53.940] and you need accommodation.
[01:51:53.940 --> 01:51:54.940] Okay.
[01:51:54.940 --> 01:51:56.940] Well, I was thinking about using the COVID vaccine,
[01:51:56.940 --> 01:51:58.940] even though I haven't had it.
[01:51:58.940 --> 01:52:04.940] Have you heard my hearing aid story?
[01:52:04.940 --> 01:52:07.940] Yeah.
[01:52:07.940 --> 01:52:11.940] See, that goes to Americans with Disabilities Act.
[01:52:11.940 --> 01:52:15.940] They have to accommodate you.
[01:52:15.940 --> 01:52:19.940] You have a head injury that causes difficulty
[01:52:19.940 --> 01:52:21.940] in keeping up with these dates
[01:52:21.940 --> 01:52:24.940] and organizing all this information,
[01:52:24.940 --> 01:52:26.940] so they have to accommodate you.
[01:52:26.940 --> 01:52:30.940] Maybe they'll give me an attorney.
[01:52:30.940 --> 01:52:32.940] Yeah, and then you can beat the crap out of the attorney.
[01:52:32.940 --> 01:52:38.940] It's great to have an attorney now that we know how to handle them,
[01:52:38.940 --> 01:52:40.940] because you're going to beat up the attorney,
[01:52:40.940 --> 01:52:45.940] and he's going to run to the judge and ask to withdraw,
[01:52:45.940 --> 01:52:47.940] and you're going to go and object to it,
[01:52:47.940 --> 01:52:50.940] and the judge is going to not let him withdraw
[01:52:50.940 --> 01:52:53.940] because the judge doesn't want to be sued.
[01:52:53.940 --> 01:52:55.940] Now the attorney can go to the court and say,
[01:52:55.940 --> 01:52:58.940] you guys have got to help me out here.
[01:52:58.940 --> 01:53:00.940] You put me in this spot.
[01:53:00.940 --> 01:53:02.940] This guy is going to ruin my career,
[01:53:02.940 --> 01:53:09.940] and you're going to get pretty close to what you want.
[01:53:09.940 --> 01:53:10.940] Okay.
[01:53:10.940 --> 01:53:13.940] But you won't get a Christmas card next year.
[01:53:13.940 --> 01:53:16.940] Oh, man.
[01:53:16.940 --> 01:53:20.940] I know, it's tough.
[01:53:20.940 --> 01:53:22.940] I'm probably going to pull a lot of those cards, Randy,
[01:53:22.940 --> 01:53:24.940] for the criminal side of this stupid thing.
[01:53:24.940 --> 01:53:26.940] We'll see where it goes.
[01:53:26.940 --> 01:53:29.940] I'm calling in tonight because I messed up on my federal case.
[01:53:29.940 --> 01:53:33.940] I didn't mess up bad, but it's a little bit of a mess up.
[01:53:33.940 --> 01:53:36.940] I missed a status hearing for not the main case,
[01:53:36.940 --> 01:53:41.940] but for a settlement conference.
[01:53:41.940 --> 01:53:46.940] Okay, that's generally not fatal.
[01:53:46.940 --> 01:53:48.940] You notify them that you have a head injury,
[01:53:48.940 --> 01:53:50.940] and you sometimes have difficulty in this regard,
[01:53:50.940 --> 01:53:53.940] apologize to the court, and ask them to reset,
[01:53:53.940 --> 01:53:56.940] and they almost always will.
[01:53:56.940 --> 01:53:59.940] They already reset it, but I didn't even see.
[01:53:59.940 --> 01:54:02.940] I got notified from the opposing counsel that this happened.
[01:54:02.940 --> 01:54:04.940] I'm like, oh, my God, I totally flaked on this.
[01:54:04.940 --> 01:54:09.940] And so I got admonished, which I looked it up as being scolded.
[01:54:09.940 --> 01:54:12.940] I'm assuming it's not that big of a deal, but that was my problem.
[01:54:12.940 --> 01:54:15.940] How do I apologize to the court?
[01:54:15.940 --> 01:54:18.940] You just write them a letter telling them that you have a head injury,
[01:54:18.940 --> 01:54:21.940] and sometimes you have difficulty in this regard.
[01:54:21.940 --> 01:54:24.940] You apologize for missing.
[01:54:24.940 --> 01:54:32.940] Just let the court know that you are still intent on prosecuting your client.
[01:54:32.940 --> 01:54:41.940] That you did not miss this hearing for frivolous reasons.
[01:54:41.940 --> 01:54:43.940] Who do I send that letter to?
[01:54:43.940 --> 01:54:48.940] The trial judge and opposing counsel.
[01:54:48.940 --> 01:54:51.940] Okay, we have a trial judge, and then we have a magistrate judge
[01:54:51.940 --> 01:54:54.940] who's in charge of settlement conferences, essentially.
[01:54:54.940 --> 01:54:59.940] If this is in federal, generally the federal will bend over backwards
[01:54:59.940 --> 01:55:04.940] to make sure you have opportunity.
[01:55:04.940 --> 01:55:10.940] If you tell them you have a disability, that's going to really get their attention.
[01:55:10.940 --> 01:55:14.940] And generally, these aren't traffic courts.
[01:55:14.940 --> 01:55:16.940] Traffic courts, they don't care what the law is.
[01:55:16.940 --> 01:55:26.940] The federal courts do, and they genuinely want you to get a fair hearing.
[01:55:26.940 --> 01:55:29.940] So just send them a letter.
[01:55:29.940 --> 01:55:39.940] If you are professional and polite, they will be very accommodating as a rule.
[01:55:39.940 --> 01:55:40.940] Okay, I'll do that.
[01:55:40.940 --> 01:55:44.940] I'll send it to both clerks of the magistrate and the trial judge,
[01:55:44.940 --> 01:55:48.940] and then I'll send it to opposing counsel as well.
[01:55:48.940 --> 01:55:53.940] You kind of treat these guys the same way you would people in business.
[01:55:53.940 --> 01:55:57.940] If you miss a business meeting, what do you do?
[01:55:57.940 --> 01:56:01.940] Contact the guys and say, hey, man, I'm sorry I screwed this up.
[01:56:01.940 --> 01:56:04.940] I got a legitimate reason.
[01:56:04.940 --> 01:56:10.940] I'm handicapped and got this issue, and I didn't do this frivolously.
[01:56:10.940 --> 01:56:14.940] I really want to adjudicate the case.
[01:56:14.940 --> 01:56:19.940] People have been over backwards to help you as long as you're professional and polite.
[01:56:19.940 --> 01:56:21.940] Okay, I'll do that.
[01:56:21.940 --> 01:56:23.940] I'll do that, thank you.
[01:56:23.940 --> 01:56:26.940] Then bar-grieving lawyers in this stone age.
[01:56:26.940 --> 01:56:29.940] Yeah, speaking about bar-grieving lawyers.
[01:56:29.940 --> 01:56:32.940] So opposing counsel, there's this girl named Haley.
[01:56:32.940 --> 01:56:35.940] She's the attorney that apparently this got shuffled off to.
[01:56:35.940 --> 01:56:43.940] She sends me this real yippity email, and she says, just letting me know that whatever.
[01:56:43.940 --> 01:56:45.940] You missed the meeting.
[01:56:45.940 --> 01:56:47.940] Well, obviously I missed it, thanks.
[01:56:47.940 --> 01:56:54.940] And that the judge is asked basically to move forward with settlement negotiation.
[01:56:54.940 --> 01:56:58.940] We're willing to discuss this before the next hearing,
[01:56:58.940 --> 01:57:03.940] but we'd also like to wait to see the judgment on the next motion to dismiss.
[01:57:03.940 --> 01:57:04.940] And here's what she said.
[01:57:04.940 --> 01:57:08.940] She said, if all that is granted and they dismiss everything,
[01:57:08.940 --> 01:57:12.940] we would only be acknowledging property damage in this case.
[01:57:12.940 --> 01:57:17.940] So they've now admitted that they're going to pay for the property damage.
[01:57:17.940 --> 01:57:20.940] Okay, that's just basically admitted in the email.
[01:57:20.940 --> 01:57:24.940] But doesn't that also admit, if they're willing to pay for the property damage now,
[01:57:24.940 --> 01:57:28.940] then they've also admitted they've defrauded me this whole time,
[01:57:28.940 --> 01:57:32.940] because that's what this whole issue was about, and plus, plus, plus.
[01:57:32.940 --> 01:57:38.940] So I'm spinning a little bit about that, that they've already spent probably $30,000,
[01:57:38.940 --> 01:57:40.940] $40,000 defending their case.
[01:57:40.940 --> 01:57:46.940] No, as a rule, when you're in negotiations,
[01:57:46.940 --> 01:57:52.940] you can't treat your negotiations as admissions.
[01:57:52.940 --> 01:57:53.940] Okay.
[01:57:53.940 --> 01:57:57.940] They say, okay, I will do this if you'll do that.
[01:57:57.940 --> 01:58:01.940] You can't call that an admission.
[01:58:01.940 --> 01:58:06.940] Otherwise, they couldn't negotiate with you.
[01:58:06.940 --> 01:58:07.940] Does that make sense?
[01:58:07.940 --> 01:58:10.940] It does now, yeah, that makes sense.
[01:58:10.940 --> 01:58:12.940] So then do I just call their bluff and say, look, you know,
[01:58:12.940 --> 01:58:16.940] that would have been reasonable four years ago, but we're four years down the road?
[01:58:16.940 --> 01:58:18.940] Yeah, this is poker.
[01:58:18.940 --> 01:58:20.940] Call their bluff.
[01:58:20.940 --> 01:58:22.940] Okay.
[01:58:22.940 --> 01:58:24.940] They'll give you a better deal.
[01:58:24.940 --> 01:58:26.940] All right, I've already spent much more than that.
[01:58:26.940 --> 01:58:27.940] But anyway, okay, that's cool.
[01:58:27.940 --> 01:58:28.940] I'll call their bluff.
[01:58:28.940 --> 01:58:30.940] I'll apologize to the court.
[01:58:30.940 --> 01:58:32.940] And then I'll see how busy you guys are tomorrow.
[01:58:32.940 --> 01:58:34.940] I do need some help with this criminal side.
[01:58:34.940 --> 01:58:38.940] I figured this all out, you don't mind, but thank you so much.
[01:58:38.940 --> 01:58:39.940] Okay, we're out of time.
[01:58:39.940 --> 01:58:40.940] We're out of time.
[01:58:40.940 --> 01:58:41.940] Call in tomorrow night.
[01:58:41.940 --> 01:58:44.940] Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:58:44.940 --> 01:58:46.940] We'll be back tomorrow night, 8 o'clock.
[01:58:46.940 --> 01:58:49.940] Thank you for listening and good night.
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