ROL_2023-07-28_16k_Hr1-2.timecode

[00:00.000 --> 00:16.000]  Bad boys, whatcha gonna do, whatcha gonna do, when Sheriff John Brown come for you?
[00:16.000 --> 00:24.000]  Tell me, whatcha gonna do, whatcha gonna do?
[00:24.000 --> 00:32.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, when they come for you?
[00:32.000 --> 00:38.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, when they come for you?
[00:38.000 --> 00:43.000]  When you were eight and you had bad treats, you'd go to school and learn the golden rule.
[00:43.000 --> 00:49.000]  So why are you acting like a bloody fool? If you get fucked then you must get the coup!
[00:49.000 --> 00:55.000]  Bad boys, bad boys, whatcha gonna do, when they come for you?
[01:19.000 --> 01:28.000]  I'm confused. Okay, I'm going to turn the phone lines on and we're going to start about talking about a couple of developments.
[01:28.000 --> 01:35.000]  One, Brett got some interesting stuff about notary bonds.
[01:35.000 --> 01:40.000]  And in thinking about notary bonds, there are other officials who are likely to have bonds.
[01:40.000 --> 01:44.000]  Will you tell us what you found about that, Brett?
[01:44.000 --> 01:54.000]  Sure. I think we all realize that when public officials are elected or appointed and they assume their duties of office,
[01:54.000 --> 02:03.000]  they step into a dotted line. This is a man or a woman steps up and they step into this position.
[02:03.000 --> 02:13.000]  It's like a shell that's been created by law, by statute. This office has certain requirements that go with it.
[02:13.000 --> 02:24.000]  We say that we're going to be able to trust this man or this woman to do what we the people have declared needs to be done.
[02:24.000 --> 02:32.000]  So when this happens, somebody steps up into that position, they have two things that are part of their entry.
[02:32.000 --> 02:38.000]  They have an oath and a bond. You might have heard some people talk about the oath of office.
[02:38.000 --> 02:46.000]  That's what somebody is swearing or affirming that we the people are going to be able to trust them.
[02:46.000 --> 02:51.000]  They're going to follow the laws. They're going to do right. They're going to uphold the laws.
[02:51.000 --> 03:00.000]  They are going to faithfully perform the duties of their office. This bond is sort of a backup.
[03:00.000 --> 03:05.000]  It's a safety net. It's a dollar amount that's attached to that promise that they make.
[03:05.000 --> 03:14.000]  So they step into office, they say we can trust them, and then they have a bond to back that up.
[03:14.000 --> 03:20.000]  If they don't faithfully perform the duties of their office, that's what the bond is for.
[03:20.000 --> 03:27.000]  And with notaries, it's $10,000. With most officials, it's a lot higher.
[03:27.000 --> 03:33.000]  So it depends on the official and the amount of trust that we the people say we're going to give them.
[03:33.000 --> 03:38.000]  We don't delegate a whole lot of different kinds of things to a notary.
[03:38.000 --> 03:48.000]  Basically, they're just helping to make sure that the documents that get signed are really being signed by the people that say they're signing it.
[03:48.000 --> 03:56.000]  So they check some sort of ID. I'm oversimplifying. There's a few other things that they do.
[03:56.000 --> 04:04.000]  But mainly that's it. If you swear out your document, you make an affidavit, and you swear that this is the truth,
[04:04.000 --> 04:14.000]  you swear it out in front of a notary, that little chunk at the bottom is called a jurat, the notary is responsible to do that right.
[04:14.000 --> 04:19.000]  It's important that we have documents that are known authorship, right?
[04:19.000 --> 04:24.000]  We can't just have things floating around and, well, it looks kind of real to me.
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[06:48.000 --> 07:10.000]  Okay, howdy, howdy.
[07:10.000 --> 07:13.000]  Randy Kelton with Fountain and Rule of Law Radio.
[07:13.000 --> 07:19.000]  We're back on our four hour info marathon. Let's see if I can do this right.
[07:19.000 --> 07:25.000]  It's the 28th day of July 2023.
[07:25.000 --> 07:26.000]  All right.
[07:26.000 --> 07:31.000]  And Brett was talking about notaries and bonds.
[07:31.000 --> 07:38.000]  Yeah, just the position that a notary has and the bond that backs up our trust in them.
[07:38.000 --> 07:43.000]  You know, they step into office just like any other public official. They step into office. They give us an oath.
[07:43.000 --> 07:45.000]  They say we can trust them.
[07:45.000 --> 07:52.000]  And that promise of theirs is backed up by a bond.
[07:52.000 --> 08:01.000]  And in Texas, I haven't looked at other places yet, but in Texas it says that the bond is conditioned on the faithful performance of their duties of office.
[08:01.000 --> 08:05.000]  So it's directly tied to that, right?
[08:05.000 --> 08:13.000]  Well, with a notary, I wasn't really trying to explore down this route or anything.
[08:13.000 --> 08:17.000]  I wasn't intending to look into anything about bonds.
[08:17.000 --> 08:23.000]  All it was, I wanted to take a look at some public information, simple records request.
[08:23.000 --> 08:33.000]  And, well, they told me that I couldn't contact that notary because the email address is private.
[08:33.000 --> 08:35.000]  It's confidential.
[08:35.000 --> 08:37.000]  And I said, it's what?
[08:37.000 --> 08:40.000]  Where'd you get that idea?
[08:40.000 --> 08:45.000]  Because so many things, I mean, I didn't ask for the Social Security number or something.
[08:45.000 --> 08:49.000]  I'm asking for the official email address.
[08:49.000 --> 08:53.000]  And so they're telling me it's confidential.
[08:53.000 --> 09:11.000]  We went from there, and it just continued to escalate, and now I think I'm unfortunately going to have to file criminal complaints against the Secretary of State of Texas.
[09:11.000 --> 09:13.000]  So Jane Nelson.
[09:13.000 --> 09:19.000]  It's unfortunate, I'm not trying to do that, but boy, they just keep jumping in it.
[09:19.000 --> 09:22.000]  What can I do?
[09:22.000 --> 09:33.000]  So at this point, we've got the general counsel, Adam Bitter, and a helper, Jennifer Williams, the one we were talking about last night.
[09:33.000 --> 09:37.000]  And these attorneys, you know, we already know what to do with attorneys.
[09:37.000 --> 09:43.000]  But this notary, there's a special complaint process for notary complaints.
[09:43.000 --> 09:46.000]  It's right there on the Secretary of State website.
[09:46.000 --> 09:50.000]  And it seems that the steps are very easy to follow.
[09:50.000 --> 09:53.000]  I'll keep you guys posted on how that goes.
[09:53.000 --> 09:55.000]  But yeah, we're off to a start with that.
[09:55.000 --> 10:01.000]  The other thing that I discovered today, or what, did you want to comment on that, Randy?
[10:01.000 --> 10:05.000]  No, no.
[10:05.000 --> 10:13.000]  Today was also an interesting day for me in that I went to go look up something to help somebody out.
[10:13.000 --> 10:21.000]  The question was something about how do we follow up on, see what's going on with complaints against a state trooper?
[10:21.000 --> 10:27.000]  Well, we all know that there's, in Texas, it's called TECOL.
[10:27.000 --> 10:31.000]  In a lot of states, it's POST, P-O-S-T.
[10:31.000 --> 10:36.000]  It's a certain kind of complaint that's specifically for peace officers.
[10:36.000 --> 10:44.000]  Well, that's a, there's a, yeah, there's a whole process just for that.
[10:44.000 --> 10:52.000]  But when I went to go look that up, give somebody a link, I happened to just, he had said state trooper.
[10:52.000 --> 10:59.000]  So as I was drilling down to that spot, DPS, the DPS stood out to me.
[10:59.000 --> 11:07.000]  And I said, well, hey, I wonder if they have a complaint process that's just for the DPS.
[11:07.000 --> 11:09.000]  Guess what?
[11:09.000 --> 11:12.000]  They do. It's almost identical.
[11:12.000 --> 11:15.000]  Actually, I think it's better than a TECOL complaint.
[11:15.000 --> 11:18.000]  TECOL is for peace officers.
[11:18.000 --> 11:26.000]  This other professional conduct complaint is for all DPS staff, Department of Public Safety.
[11:26.000 --> 11:29.000]  So a state trooper is both.
[11:29.000 --> 11:33.000]  There are two different kinds of complaints that can come at a state trooper.
[11:33.000 --> 11:41.000]  And, well, I just thought it was really interesting that this new process that I didn't even know existed.
[11:41.000 --> 11:43.000]  I call it new. It's new to me.
[11:43.000 --> 11:45.000]  I didn't know it existed.
[11:45.000 --> 11:54.000]  And in this process, the complainant, it's not quite standing.
[11:54.000 --> 11:57.000]  It's not like you're going to be arguing in court or something.
[11:57.000 --> 12:03.000]  But you, as a complainant, you get to have updates on it.
[12:03.000 --> 12:05.000]  There's hearings. There's status.
[12:05.000 --> 12:07.000]  You get to find out what's going on.
[12:07.000 --> 12:17.000]  And if there's disciplinary action, you get notified of all of this stuff, which is kind of the opposite with the TECOL complaint.
[12:17.000 --> 12:23.000]  Everything just happens quietly, and you don't get to find out about anything.
[12:23.000 --> 12:28.000]  So, yeah, it's pretty interesting.
[12:28.000 --> 12:36.000]  An interesting thing about DPS, while they are required to be peace officers,
[12:36.000 --> 12:44.000]  when they're doing their DPS duty, they're not acting in the capacity of peace officers.
[12:44.000 --> 12:49.000]  They're acting in the capacity of police officers.
[12:49.000 --> 12:59.000]  Now, the reason they have to be peace officers is that under the request of and under the direction of local law enforcement,
[12:59.000 --> 13:02.000]  they can enforce the criminal laws.
[13:02.000 --> 13:07.000]  And in that circumstance, they are peace officers.
[13:07.000 --> 13:10.000]  But otherwise, they can't enforce the criminal laws.
[13:10.000 --> 13:20.000]  So that always begs the question for me, how does DPS enforce the DUI laws?
[13:20.000 --> 13:27.000]  Those are penal laws. Those are not the traffic laws.
[13:27.000 --> 13:33.000]  Unless there's a local sheriff out there directing them in their behavior.
[13:33.000 --> 13:37.000]  Right. It does say that they can do some assistance in that regard.
[13:37.000 --> 13:44.000]  And they need a request from the sheriff or the local police.
[13:44.000 --> 13:49.000]  It's another fight that we could have that I haven't got to yet.
[13:49.000 --> 13:54.000]  Like the guy last night wanted me to take on a loyal title.
[13:54.000 --> 13:59.000]  I got too many fights.
[13:59.000 --> 14:04.000]  Yep. We definitely have to pick our battles, that's for sure.
[14:04.000 --> 14:16.000]  It sounds like we can sting JPs and notaries and get a crack at their bonds from the way you were talking about it earlier.
[14:16.000 --> 14:20.000]  It certainly does look that way. It's perfectly appropriate.
[14:20.000 --> 14:23.000]  That's the only way you're going to retrain anybody.
[14:23.000 --> 14:27.000]  Otherwise, they're just going to keep thumbing their nose at whatever is the law.
[14:27.000 --> 14:32.000]  If it stings somebody, it won't change.
[14:32.000 --> 14:39.000]  You mentioned earlier about how helpful these bond carriers were.
[14:39.000 --> 14:41.000]  I was thinking about that.
[14:41.000 --> 14:50.000]  If I'm the bond carrier, why would I be helpful to someone filing a claim?
[14:50.000 --> 14:59.000]  It occurred to me. If they don't get any claims, they can't raise their premiums.
[14:59.000 --> 15:04.000]  They need to get some claims.
[15:04.000 --> 15:14.000]  They get a couple of $10,000 claims, they raise the premium on everybody in Texas.
[15:14.000 --> 15:19.000]  So maybe we can help them out.
[15:19.000 --> 15:23.000]  These notaries generally don't have a problem.
[15:23.000 --> 15:29.000]  You generally don't run into issues. You go talk to a notary. They're the most helpful people in the world.
[15:29.000 --> 15:35.000]  They're on your side. They just don't have any reason to deny you and your rights.
[15:35.000 --> 15:42.000]  When I ran into this one, it was very unusual.
[15:42.000 --> 15:47.000]  Not only did this lady deny me access to that public information,
[15:47.000 --> 15:56.000]  she started giving me weird, bizarre legal advice that I can only see public information if I have a letter from the district attorney
[15:56.000 --> 16:02.000]  or if I am an employee of the Secretary of State and I can show her my badge.
[16:02.000 --> 16:07.000]  All this stuff, she was just making it up. It was ridiculous.
[16:07.000 --> 16:17.000]  And then at the same time, she's having somebody, one of the people there on staff was calling the prosecutor, trying to get the prosecutor to send some cops after me.
[16:17.000 --> 16:21.000]  I mean, good grief. I've never run into that.
[16:21.000 --> 16:30.000]  So it did kind of spur me to go and take a look at these things that I probably wouldn't have looked at otherwise.
[16:30.000 --> 16:38.000]  You have to be careful. Sometimes people create their own monsters.
[16:38.000 --> 16:44.000]  I had a sheriff's deputy arrest me one night because I wouldn't show him proof of insurance.
[16:44.000 --> 16:48.000]  This is when insurance first started and the requirement for it.
[16:48.000 --> 16:53.000]  I asked him, if I show you my proof of insurance, what will you do? And it's expired. What will you do?
[16:53.000 --> 16:59.000]  He said, well, I'll arrest you. Well, in that case, I'm not going to show it to you. And he arrested me.
[16:59.000 --> 17:08.000]  That's what got me started. I spent the night in jail. He stopped me for driving with a headlight out.
[17:08.000 --> 17:13.000]  That's what started this whole thing. That's why I'm here now. He did it.
[17:13.000 --> 17:26.000]  OK, hang on. Randy Kelton, Brett Fountain, Wheel of Law Radio, we'll be right back.
[17:26.000 --> 17:31.000]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
[17:31.000 --> 17:39.000]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how cell phones may actually alter our brain chemistry.
[17:39.000 --> 17:44.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[17:44.000 --> 17:49.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
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[18:08.000 --> 18:16.000]  Cell phones emit radio frequency energy. It's a fact. But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[18:16.000 --> 18:21.000]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[18:21.000 --> 18:27.000]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[18:27.000 --> 18:35.000]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[18:35.000 --> 18:40.000]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[18:40.000 --> 18:44.000]  I always keep the phone far from my body, and I use a corded headset.
[18:44.000 --> 18:54.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[19:14.000 --> 19:30.000]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[19:30.000 --> 19:36.000]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[19:36.000 --> 19:41.000]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[19:41.000 --> 19:48.000]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
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[20:39.000 --> 20:49.000]  I've got a warrant and I'm going to serve them to the head of government to prosecute them.
[20:49.000 --> 20:53.000]  Okay.
[20:53.000 --> 20:56.000]  Who's that?
[20:56.000 --> 21:01.000]  Citizens of the race from the establishments.
[21:01.000 --> 21:05.000]  Citizens of the race predicting.
[21:05.000 --> 21:10.000]  Well, I need a prosecutor to come and help me prosecute them wicked leader, you see.
[21:10.000 --> 21:13.000]  Them murderers are liars, them tell me.
[21:13.000 --> 21:15.000]  Them are liars, they tell sweet stories.
[21:15.000 --> 21:17.000]  Me not believe, me say what them tell me.
[21:17.000 --> 21:20.000]  Three percent of America vote for Bushy.
[21:20.000 --> 21:22.000]  So how the hell he get the presidency?
[21:22.000 --> 21:25.000]  That's why me have a warrant for him.
[21:25.000 --> 21:27.000]  Everybody listen carefully.
[21:27.000 --> 21:29.000]  Listen to the words of the three shoes.
[21:29.000 --> 21:36.000]  Okay, we are back.
[21:36.000 --> 21:38.000]  And I wanted to.
[21:38.000 --> 21:40.000]  Brett has some good information.
[21:40.000 --> 21:44.000]  I hope I've got some equally as good.
[21:44.000 --> 21:58.000]  I've been writing these answers to the Rule 12B motion to dismiss for failure to state a claim under Rule 12.
[21:58.000 --> 22:03.000]  If you claim immunity, you must do it under 12B too.
[22:03.000 --> 22:07.000]  So all of them are claiming immunity.
[22:07.000 --> 22:10.000]  All of them are claiming.
[22:10.000 --> 22:16.000]  And when I read the pleadings, I was surprised they said it this way.
[22:16.000 --> 22:23.000]  They said that a violation of a Texas Constitution does not create a state claim.
[22:23.000 --> 22:28.000]  A violation of a Texas law does not create a state claim.
[22:28.000 --> 22:35.000]  And I thought it was odd why they said it that way.
[22:35.000 --> 22:41.000]  And then I had someone send me a case and I figured out why they said it that way.
[22:41.000 --> 22:45.000]  The case was in Ray Young.
[22:45.000 --> 22:53.000]  And it turned out the case was seminal and it went to the Young Doctrine.
[22:53.000 --> 23:07.000]  And what the Young Doctrine says is if you are a public official and you violate a federal law, you have zero immunity.
[23:07.000 --> 23:12.000]  That's why they were careful to say state.
[23:12.000 --> 23:22.000]  They made all these claims under Rule 12, knowing full well based on my complaint.
[23:22.000 --> 23:34.000]  What I accused them of is conspiring one with the other toward training of magistrates and other public officials
[23:34.000 --> 23:48.000]  in practices and procedures that amounted to an ongoing criminal conspiracy that deprived the plaintiffs
[23:48.000 --> 23:56.000]  and all others similarly situated in the due course of the loss.
[23:56.000 --> 24:05.000]  So I was accusing them of in violation of 18 U.S. Code 1983.
[24:05.000 --> 24:19.000]  I was accusing them of violating federal laws while acting under the color of their authority.
[24:19.000 --> 24:25.000]  Whether I could prove that or not for this purpose is not relevant.
[24:25.000 --> 24:32.000]  They told the judge, every one of them, that they had immunity.
[24:32.000 --> 24:35.000]  They knew full well they didn't.
[24:35.000 --> 24:38.000]  But they worded it so carefully to make it sound like they did.
[24:38.000 --> 24:40.000]  Yes.
[24:40.000 --> 24:42.000]  That wouldn't be sneaky like that, would they?
[24:42.000 --> 24:53.000]  Would they file these complaints as a delay for delay's sake?
[24:53.000 --> 24:56.000]  No, they wouldn't do that.
[24:56.000 --> 24:59.000]  It gets even worse.
[24:59.000 --> 25:11.000]  The presiding judge of the Court of Criminal Appeals, she did a separate response from all of the rest.
[25:11.000 --> 25:19.000]  One lawyer did a response for all of the judges of the Court of Criminal Appeals except Sharon Keller.
[25:19.000 --> 25:31.000]  And Sharon Keller, in her complaint, in her response, her Rule 12, said that I accused her of not issuing a warrant.
[25:31.000 --> 25:40.000]  And she had absolute immunity because only a magistrate can issue a warrant.
[25:40.000 --> 25:50.000]  And therefore, this is a judicial act because only a judicial officer could do it.
[25:50.000 --> 26:12.000]  And I argued that while that may be true, only a magistrate can hire clerks to the magistrate's office and lay down rules and regulations for buying toilet paper and training personnel.
[26:12.000 --> 26:23.000]  Is it the position of defendant that those are all judicial acts simply because they're done by a judge?
[26:23.000 --> 26:36.000]  But at the end of the day, and then I went on and argued that it is, at the end of the day, it's irrelevant because I did not make a claim under 15.09.
[26:36.000 --> 26:45.000]  I merely mentioned what they're trying to do is create a red herring.
[26:45.000 --> 26:54.000]  They're dragging this smelly fish across the track and trying to get me to veer off and chase that down.
[26:54.000 --> 27:01.000]  You can argue a nonsensical point all you want to, and it won't help.
[27:01.000 --> 27:07.000]  So they want me to chase that one, and I'm not biting on that one.
[27:07.000 --> 27:17.000]  I charged them and stated in there that I did not charge, make a claim against her for violating 15.09.
[27:17.000 --> 27:37.000]  I merely demonstrated that as a tool that they used in their conspiracy to ensure that the public was disenfranchised from the legal system so that they could not interrupt the conspiracy and keep it from occurring.
[27:37.000 --> 27:52.000]  The only claim was the 18 U.S. Code of 1983. So now someone sent me the Young Doctrine holy mackerel.
[27:52.000 --> 27:55.000]  That is so absolutely clear.
[27:55.000 --> 28:09.000]  Now I'll go back, and this will almost certainly get me past the Rule 12b6 and on to discovery.
[28:09.000 --> 28:17.000]  Yes, and then I'll ask for sanctions. They all filed frivolous pleadings.
[28:17.000 --> 28:21.000]  And Sharon Keller didn't even answer at all, right?
[28:21.000 --> 28:29.000]  She did not mention the ongoing criminal enterprise at all.
[28:29.000 --> 28:32.000]  Her only response wasn't actually an answer.
[28:32.000 --> 28:36.000]  No, no, it wasn't an answer. It was a Rule 12 motion.
[28:36.000 --> 28:40.000]  But it only had those other eight judges' names on it, right?
[28:40.000 --> 28:44.000]  Well, hers only had her name on it.
[28:44.000 --> 28:47.000]  She had a separate response.
[28:47.000 --> 28:52.000]  It wasn't just a letter. I got the idea that hers was just a letter talking about it.
[28:52.000 --> 28:55.000]  No, hers was her own Rule 12 motion.
[28:55.000 --> 29:01.000]  And then all the others filed one together, and I read all the names.
[29:01.000 --> 29:09.000]  That one argued that I couldn't make my claim.
[29:09.000 --> 29:16.000]  They didn't exactly argue against the 1983, but they referenced it.
[29:16.000 --> 29:21.000]  Sharon Keller didn't even mention it.
[29:21.000 --> 29:28.000]  So since her name wasn't on the other one, she doesn't get tied to that argument.
[29:28.000 --> 29:30.000]  She didn't make that argument.
[29:30.000 --> 29:40.000]  She only made an argument that she had immunity from any suit for her violation of 1509.
[29:40.000 --> 29:47.000]  And I'll say, OK, I don't have a problem with that.
[29:47.000 --> 29:53.000]  But I didn't make a claim under it, so it's irrelevant.
[29:53.000 --> 29:57.000]  And the pleading is frivolous.
[29:57.000 --> 30:02.000]  Chief, the presiding judge of the Court of Criminal Appeals,
[30:02.000 --> 30:06.000]  I get to accuse you of filing a frivolous pleading.
[30:06.000 --> 30:08.000]  I know you're enjoying that.
[30:08.000 --> 30:10.000]  Oh, yes.
[30:10.000 --> 30:12.000]  Point, guys.
[30:12.000 --> 30:16.000]  You think these lawyers are really, really smart.
[30:16.000 --> 30:24.000]  You would think that the highest level judges in Texas would kind of have something on the ball.
[30:24.000 --> 30:27.000]  Can you just see the scene right now?
[30:27.000 --> 30:36.000]  The judge in the black robe with a little small purse beating the lawyer over the head with it?
[30:36.000 --> 30:38.000]  That's what I hope.
[30:38.000 --> 30:43.000]  These were lawyers from the attorney general's office.
[30:43.000 --> 30:46.000]  And I haven't researched that out or not.
[30:46.000 --> 30:48.000]  I have a question.
[30:48.000 --> 30:58.000]  If I sue a public official in his personal capacity, can he use a public lawyer to defend himself?
[30:58.000 --> 31:00.000]  I'm going to say it's inappropriate.
[31:00.000 --> 31:05.000]  Once he's determined that he has immunity, then he should be able to use the lawyer.
[31:05.000 --> 31:14.000]  If he's determined that he doesn't, then he should pay the attorney general's attorney fees.
[31:14.000 --> 31:15.000]  Hang on.
[31:15.000 --> 31:24.000]  Randy Kelton, Brett Fountain, Rue La Radio, we'll be right back.
[31:24.000 --> 31:30.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[33:47.000 --> 33:49.000]  Okay, we are back.
[33:49.000 --> 33:51.000]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[33:51.000 --> 34:03.000]  And this lawsuit should go as an example to everybody who thinks they can't fight city hall.
[34:03.000 --> 34:08.000]  We got all the highest judges in Texas jumping up and down.
[34:08.000 --> 34:18.000]  And the next thing they know, they're going to have Brett coming after them with criminal complaints against them for sitting on a habeas.
[34:18.000 --> 34:20.000]  Yep, they still are.
[34:20.000 --> 34:25.000]  And that can be claimed as federal.
[34:25.000 --> 34:35.000]  So it depends on if this one goes well, then Brett follows up with another one.
[34:35.000 --> 34:45.000]  And they have to do all this again, except this time we got their arguments under the Rule 12, and I'll be pushing for sanctions on it.
[34:45.000 --> 34:51.000]  So we may actually push them to do a better job if we get more sophisticated arguments.
[34:51.000 --> 34:53.000]  Okay, we're going to go to a call.
[34:53.000 --> 34:55.000]  We've got two callers on the board.
[34:55.000 --> 34:59.000]  So if you have a question or comment, give us a call.
[34:59.000 --> 35:10.000]  Call it number 512-646-1984. Now we are going to David in Kansas.
[35:10.000 --> 35:12.000]  Hello, David.
[35:12.000 --> 35:14.000]  How's it going?
[35:14.000 --> 35:17.000]  Pretty good. What do you have for us today?
[35:17.000 --> 35:24.000]  Well, I thought I'd call back and give you guys some more information about my case so I might be able to get more help.
[35:24.000 --> 35:35.000]  I've got 18 points so I don't get into the weeds, and I'll start whenever you guys are ready.
[35:35.000 --> 35:41.000]  18 points in the weeds? Oh, you're saying you've got a list ready to read from.
[35:41.000 --> 35:44.000]  Yeah, so I don't go into the weeds.
[35:44.000 --> 35:47.000]  Gotcha. Yeah, well, we're here. We're listening.
[35:47.000 --> 35:50.000]  Okay. We were pulled over with no plates.
[35:50.000 --> 35:58.000]  That was January 21. I told them we charged for infractions while I was a passenger.
[35:58.000 --> 36:01.000]  My brother did not sign the summons and complaint.
[36:01.000 --> 36:07.000]  We sent bar grievances. We sent a notice to the cop with intent to sue.
[36:07.000 --> 36:11.000]  We did not attend the court in March of 21.
[36:11.000 --> 36:14.000]  We sent a criminal complaint to cop and the AG.
[36:14.000 --> 36:27.000]  The warrant was issued without probable cause in July of 21, arrested in October 21, detained for three days, went to court, was told I needed a lawyer, hired lawyers.
[36:27.000 --> 36:30.000]  They met with DA right after our meeting.
[36:30.000 --> 36:33.000]  DA was related to the brother's lawyer.
[36:33.000 --> 36:35.000]  Only met with the lawyers twice.
[36:35.000 --> 36:40.000]  They kept telling us there's time as our friend.
[36:40.000 --> 36:43.000]  We got yelled at for questioning the jurisdiction of the court with our lawyers.
[36:43.000 --> 36:46.000]  We fired those attorneys in March of 22.
[36:46.000 --> 36:49.000]  Next hearing was a motions hearing.
[36:49.000 --> 36:52.000]  We did not go to that. More on that later.
[36:52.000 --> 37:00.000]  Assistant DA was on probation and got caught abusing process and sentenced on March of 22, a week after our last court date.
[37:00.000 --> 37:04.000]  And the DA resigned for corruption on January, July of 22.
[37:04.000 --> 37:06.000]  And that's my 18 points.
[37:06.000 --> 37:07.000]  Wow.
[37:07.000 --> 37:09.000]  I was asking those questions last night.
[37:09.000 --> 37:16.000]  Yeah, you cued me into, they intimidated a witness, which I was the witness.
[37:16.000 --> 37:19.000]  So that's all I have.
[37:19.000 --> 37:29.000]  And last night I was asking you how do I go back to the new DA and kind of try to talk to her and say, hey, are you going to pursue this?
[37:29.000 --> 37:40.000]  And that's where I'm kind of at and kind of hoping you guys can give me some insight.
[37:40.000 --> 37:50.000]  Do you have reason to believe that him intimidating you is part of the reason he's gone?
[37:50.000 --> 37:56.000]  Well, I'd say the cop intimidated me because they arrested us at gunpoint.
[37:56.000 --> 38:04.000]  But I would think that they were working together, the lawyers, because they met right after and they seem to be friends.
[38:04.000 --> 38:09.000]  I don't really want to allege anything like that, but it just seemed, I kind of felt the corruption.
[38:09.000 --> 38:11.000]  So it's kind of played a whole part.
[38:11.000 --> 38:12.000]  Well, okay.
[38:12.000 --> 38:21.000]  One thing in the lawyer's defense, these lawyers work with the same DAs all the time.
[38:21.000 --> 38:22.000]  Yes.
[38:22.000 --> 38:27.000]  They tend to develop a working relationship.
[38:27.000 --> 38:31.000]  And that shouldn't mean anything.
[38:31.000 --> 38:42.000]  And if you bring that to the court, the court won't give that any credibility without something much more to back that up.
[38:42.000 --> 38:44.000]  Because they're in court together all the time.
[38:44.000 --> 38:45.000]  They know one another.
[38:45.000 --> 38:52.000]  They probably go have lunch at the same places, they go get their training at the same places.
[38:52.000 --> 38:56.000]  So they have a lot of association, one with the other.
[38:56.000 --> 39:02.000]  But you did mention that one of them was the brother of, what was that?
[39:02.000 --> 39:06.000]  They were like second cousins with the DA.
[39:06.000 --> 39:11.000]  My brother's lawyer was like second cousins with the DA.
[39:11.000 --> 39:18.000]  Well, you know, I'm from Wheatley County, Tennessee.
[39:18.000 --> 39:28.000]  I just talked to the health department there because I wanted my sister to come down there and get me a birth certificate.
[39:28.000 --> 39:36.000]  And she had, you know, I gave her my name and she said, do I know your sister?
[39:36.000 --> 39:40.000]  I said, well, you're probably kin to her.
[39:40.000 --> 39:42.000]  She said, well, where does she live?
[39:42.000 --> 39:44.000]  She lives in Dresden.
[39:44.000 --> 39:48.000]  Oh, yeah, I'm probably kin to her.
[39:48.000 --> 39:54.000]  You can't get married in that county without getting a DNA test first.
[39:54.000 --> 40:00.000]  My point is two degrees of co-sanguinity.
[40:00.000 --> 40:03.000]  A first cousin is too close.
[40:03.000 --> 40:07.000]  A second cousin is not.
[40:07.000 --> 40:19.000]  So they will, if you're in a, especially if you're in a rural area, relatively small area, that won't get you much traction at all.
[40:19.000 --> 40:22.000]  OK.
[40:22.000 --> 40:33.000]  I'm just speaking to the fights you can start that will cause you more difficulty than they'll give you assistance.
[40:33.000 --> 40:40.000]  Yes, I mean, I'm working on the only thing I'm working on is challenging the subject matter jurisdiction of the case.
[40:40.000 --> 40:45.000]  That's what I focused on, because that's the one thing I can challenge at any time.
[40:45.000 --> 40:51.000]  Yeah, and that's something you can really jam them up with.
[40:51.000 --> 40:58.000]  If you file the subject matter jurisdiction challenge, one problem I had down here is they didn't want to hear it.
[40:58.000 --> 41:07.000]  And I finally forced them to hear it. But if they hadn't refused, I was prepared to file a petition for Brittamandamus.
[41:07.000 --> 41:11.000]  Yes, I've heard you guys talking about that before.
[41:11.000 --> 41:17.000]  Drag them off to the appellate court. And I like to be able to do that.
[41:17.000 --> 41:26.000]  I have a friend here who we filed a motion to dismiss for lack of a 1617 order.
[41:26.000 --> 41:29.000]  And the judge denied the motion.
[41:29.000 --> 41:34.000]  So we just sent him a request for findings of fact and conclusions at law.
[41:34.000 --> 41:41.000]  If he produces it, then that gives us what we need to do an interlocutory appeal.
[41:41.000 --> 41:52.000]  If he doesn't produce it, that gives us what we need to do a writ of mandamus to the court of appeals, asking them to order him to produce it.
[41:52.000 --> 41:57.000]  So in either case, we're going to drag them to the court of criminal appeals.
[41:57.000 --> 42:00.000]  And this is over a minor thing.
[42:00.000 --> 42:06.000]  Well, I guess it's really not minor. This is my major argument, major issue.
[42:06.000 --> 42:13.000]  But everything they do, we intended to get them to the court of appeals.
[42:13.000 --> 42:19.000]  And if you're dealing with traffic stuff, it's going to cost them a fortune.
[42:19.000 --> 42:25.000]  Well, actually, they turned it around and they charged they charged me with two felonies.
[42:25.000 --> 42:34.000]  Oh, do they have sufficient and order?
[42:34.000 --> 42:40.000]  So have you been before a magistrate on those felonies?
[42:40.000 --> 42:42.000]  Yes.
[42:42.000 --> 42:50.000]  Did the magistrate hold an examining trial or just a hearing where he told you what the charges were?
[42:50.000 --> 42:55.000]  Disposition. That's what I think that's what that was. He told me what the charges were.
[42:55.000 --> 43:00.000]  Told my attorney what the charges were.
[43:00.000 --> 43:06.000]  Did he hold a preliminary hearing? Did he have the?
[43:06.000 --> 43:08.000]  No.
[43:08.000 --> 43:13.000]  Somebody up on the witness stand saying what you did wrong.
[43:13.000 --> 43:19.000]  And he gave you opportunity to rebut and cross examine.
[43:19.000 --> 43:24.000]  See, that's exactly what I sued the state of Texas for.
[43:24.000 --> 43:29.000]  And I didn't sue the state of Texas for doing that.
[43:29.000 --> 43:39.000]  I sued the the officials for conspiring with one another to do that.
[43:39.000 --> 43:48.000]  And you may have trained these officials. OK, how big is Kansas? How many counties?
[43:48.000 --> 43:52.000]  My problems in Colorado. Oh, Colorado.
[43:52.000 --> 43:55.000]  Colorado's probably got 50 counties.
[43:55.000 --> 44:04.000]  Fifty six. Fifty six. OK, you got 56 separately elected sheriffs.
[44:04.000 --> 44:12.000]  And you got 56 counties. You've probably got two hundred and fifty.
[44:12.000 --> 44:17.000]  At least magistrates or justices of the peace.
[44:17.000 --> 44:25.000]  You'll probably have a thousand to twelve hundred magistrates in the state of Colorado.
[44:25.000 --> 44:34.000]  But we've got two hundred fifty four counties in Texas and we've got on the order of thirty six hundred judges.
[44:34.000 --> 44:50.000]  So how do you get 50 individually elected sheriffs and 200 individually elected judges to do things wrong?
[44:50.000 --> 44:56.000]  And to do them wrong exactly the same way.
[44:56.000 --> 45:01.000]  Somebody had teach him to do that.
[45:01.000 --> 45:09.000]  So look at what they're doing. Compare what they're doing to the black letter law.
[45:09.000 --> 45:16.000]  And from what you told me so far, they're in violation of the requirement in Gerstein Pugh.
[45:16.000 --> 45:20.000]  And Gerstein Pugh is the controlling case on this issue.
[45:20.000 --> 45:29.000]  There must be a preliminary hearing and a preliminary hearing is not an arraignment.
[45:29.000 --> 45:36.000]  What you told me was an arraignment, not a preliminary hearing.
[45:36.000 --> 45:44.000]  So the issue is not that they didn't provide you with a preliminary hearing.
[45:44.000 --> 45:49.000]  The issue is who told them to do that?
[45:49.000 --> 45:55.000]  And how did they organize all this improper behavior?
[45:55.000 --> 46:05.000]  How much is it costing the state? How many people are being held in county jails on pretrial issues?
[46:05.000 --> 46:10.000]  I'll talk to this when we come back. Randy Kelton, Brett Fountain, Rule is Law Radio.
[46:10.000 --> 46:14.000]  We'll be right back.
[46:14.000 --> 46:18.000]  Would you like to make more definite progress in your walk with God?
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[47:08.000 --> 47:23.000]  Or visit us online at bfa.org.
[47:23.000 --> 47:29.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[47:29.000 --> 47:34.000]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[47:34.000 --> 47:41.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[47:41.000 --> 47:46.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[47:46.000 --> 47:51.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[47:51.000 --> 47:56.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[47:56.000 --> 47:59.000]  Privacy. It's worth hanging on to.
[47:59.000 --> 48:07.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[48:07.000 --> 48:10.000]  Start over with Startpage.
[48:10.000 --> 48:16.000]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third party there.
[48:16.000 --> 48:19.000]  He announces, I'm with the military and I'm sleeping here tonight.
[48:19.000 --> 48:25.000]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[48:25.000 --> 48:31.000]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[48:31.000 --> 48:33.000]  Third party? Third Amendment? Get it?
[48:33.000 --> 48:41.000]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[48:41.000 --> 48:55.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[48:55.000 --> 48:59.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[48:59.000 --> 49:04.000]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[49:04.000 --> 49:11.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[49:11.000 --> 49:16.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[49:16.000 --> 49:21.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[49:21.000 --> 49:26.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[49:26.000 --> 49:29.000]  Privacy. It's worth hanging on to.
[49:29.000 --> 49:37.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[49:37.000 --> 49:40.000]  Start over with StartPage.
[49:40.000 --> 49:46.000]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[49:46.000 --> 49:52.000]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[49:52.000 --> 49:55.000]  Fourth Amendment? Four eyes staring at you? Get it?
[49:55.000 --> 49:59.000]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[49:59.000 --> 50:04.000]  Case in point, TSA airport scanners that peer under your clothing.
[50:04.000 --> 50:11.000]  When government employees demand a peep at your privates without probable cause, I say it's time to sound the constitutional alarm bells.
[50:11.000 --> 50:18.000]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth.
[50:18.000 --> 50:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[50:49.000 --> 50:55.000]  I won't pay for the war with my body.
[50:55.000 --> 50:59.000]  Ain't gonna pay for the car with my money.
[50:59.000 --> 51:02.000]  I won't pay for the fun with my body.
[51:02.000 --> 51:06.000]  Their plans wicked and their logic shoddy.
[51:06.000 --> 51:09.000]  Ain't gonna pay for the oil with my body.
[51:09.000 --> 51:12.000]  I won't pay for the boys with my money.
[51:12.000 --> 51:16.000]  Ain't gonna pay for the kids with my body.
[51:16.000 --> 51:20.000]  The whole agenda smells funny.
[51:20.000 --> 51:24.000]  I wanna fight in a war of my own.
[51:24.000 --> 51:38.000]  Okay, howdy, howdy, Brent Fowler, Brent Fowler, Rule of Law Radio on this Friday, the 28th day of July 2023.
[51:38.000 --> 51:50.000]  And we're talking to David in Kansas, and I was talking about how to get them set up for a claim they're not gonna wanna have to deal with.
[51:50.000 --> 51:57.000]  This could give you a really powerful claim. What felonies were you charged with?
[51:57.000 --> 52:06.000]  Attempting to influence a public servant and forgery. Oh, and possession of a forged instrument.
[52:06.000 --> 52:11.000]  Oh, wow. What did they say was forged?
[52:11.000 --> 52:14.000]  My license plate.
[52:14.000 --> 52:17.000]  What did your license plate say?
[52:17.000 --> 52:21.000]  Private one.
[52:21.000 --> 52:25.000]  And it was green, so it looked like Colorado's plate.
[52:25.000 --> 52:29.000]  Are you familiar with Robert Fox?
[52:29.000 --> 52:33.000]  I know the name, but I don't know much of him.
[52:33.000 --> 52:40.000]  Okay, he's passed away, but he was a longtime legal reform guy.
[52:40.000 --> 52:47.000]  And he had a license plate from the Kingdom of Israel.
[52:47.000 --> 52:51.000]  And he was arrested and prosecuted in the Fed.
[52:51.000 --> 52:59.000]  And his case is a cited case.
[52:59.000 --> 53:06.000]  They went to the court and accused him of a forged plate.
[53:06.000 --> 53:10.000]  And the judge said, who brought this?
[53:10.000 --> 53:17.000]  They asked him what they charged, and he said he had a license plate, the Kingdom of Israel.
[53:17.000 --> 53:23.000]  And he said, guys, you can't forge a plate from a non-existent country.
[53:23.000 --> 53:27.000]  Get out of my court.
[53:27.000 --> 53:31.000]  That will fit your case.
[53:31.000 --> 53:34.000]  Look up Robert Fox, I think it's US.
[53:34.000 --> 53:37.000]  Unless you put Colorado on the top of it.
[53:37.000 --> 53:43.000]  Yeah. What plate did you forge?
[53:43.000 --> 53:45.000]  You want the real one.
[53:45.000 --> 53:50.000]  I bought it online.
[53:50.000 --> 54:00.000]  Well, you want to see what you're accusing of forging, because you want to compare the real one with the forged one.
[54:00.000 --> 54:04.000]  To see how good a job you did forging the plate.
[54:04.000 --> 54:10.000]  What does forgery statutes say?
[54:10.000 --> 54:17.000]  Make an instrument.
[54:17.000 --> 54:23.000]  We need to know what the code said. Brett, can you look that up while we're talking?
[54:23.000 --> 54:27.000]  I'm just thinking, if you didn't put Colorado on there, it just has the green.
[54:27.000 --> 54:31.000]  A color is not enough to make a forgery.
[54:31.000 --> 54:41.000]  A forgery would have to be a false representation of something that's real.
[54:41.000 --> 54:50.000]  There's nothing on that plate that pretends to be a license plate.
[54:50.000 --> 54:58.000]  It was just notice that you don't fall under, that you're not in commerce.
[54:58.000 --> 55:03.000]  They filed these felony complaints.
[55:03.000 --> 55:06.000]  They're absolutely BS.
[55:06.000 --> 55:10.000]  So they can turn the screws and get you to plead to a misdemeanor.
[55:10.000 --> 55:17.000]  Yeah, that's what they tried to do.
[55:17.000 --> 55:27.000]  Look up that statute, see what it actually says, and then go after them for tampering with the government document.
[55:27.000 --> 55:31.000]  Aggravated perjury.
[55:31.000 --> 55:44.000]  That's what Robert should have done to these officers that arrested him and accused him of a forged license plate, because they lied.
[55:44.000 --> 55:50.000]  And that's what you're doing here. You should take them to task for it.
[55:50.000 --> 56:04.000]  And they denied you in due process, they denied you were subjected to unreasonable seizure, as construed by the Fourth Amendment, the United States Constitution.
[56:04.000 --> 56:06.000]  So that gets you in the Fed.
[56:06.000 --> 56:16.000]  And they committed false imprisonment and aggravated assault and making the arrest for a non-crime.
[56:16.000 --> 56:26.000]  So that gives you laws that they violated. It goes to the younger doctrine that was talking about at the beginning of the show.
[56:26.000 --> 56:37.000]  Here in this, I'm looking at the Colorado Code, Title 18, criminal code, and Article 5, about fraud, we got forgery, simulation.
[56:37.000 --> 56:44.000]  This one is Section 18-5-105. Do you happen to know if that's what you got charged with?
[56:44.000 --> 56:46.000]  Yes.
[56:46.000 --> 56:57.000]  Okay. Well, it says a person commits a classics felony with knowledge that it is forged and with intent to use to defraud.
[56:57.000 --> 57:06.000]  Okay, those are two pretty big things that they're probably going to try to skip right past and just imagine that it already happened.
[57:06.000 --> 57:15.000]  And that's difficult for them to prove that you had knowledge that it was forged and that you had intent to use it to defraud.
[57:15.000 --> 57:26.000]  Okay, they're going to skip right ahead to the next part after the comma that says such person possesses any forged instrument of a kind described in 18-5-102.
[57:26.000 --> 57:39.000]  So that right there is already going in your favor. You just deny that you had any knowledge of anything being forged and deny that you had any intent to use it in a way to defraud.
[57:39.000 --> 57:45.000]  Boom, now what are they going to do? All right, let's see, 102.
[57:45.000 --> 57:54.000]  They also agree with possession of that forged instrument, which if you're reading 108, it says they cannot do.
[57:54.000 --> 58:07.000]  Okay, forged definition, not genuine, counterfeit, used mostly of signatures and documents.
[58:07.000 --> 58:16.000]  Two is shaping metal by pressure. Three, fake as documents.
[58:16.000 --> 58:25.000]  So, was that fake? Was that the real deal?
[58:25.000 --> 58:28.000]  Sounds like the real deal.
[58:28.000 --> 58:38.000]  Was it counterfeit?
[58:38.000 --> 58:46.000]  Counterfeit. Definition.
[58:46.000 --> 58:53.000]  Made in imitation of something else with intent to deceive.
[58:53.000 --> 59:01.000]  The intent is big. It's also part of the Colorado Code here in 18-5-102, which talks about the forgery.
[59:01.000 --> 59:13.000]  It's also got this intent to defraud as part of the definition. Intent to defraud is a big deal. So you deny that you had that and boom.
[59:13.000 --> 59:25.000]  You claim that one that moved to strike the complaint as insufficient as it fails to establish all the elements of the court.
[59:25.000 --> 59:34.000]  Yeah, it fails to even allege. Not even prove, but it doesn't even allege all the elements.
[59:34.000 --> 59:39.000]  Now, last time you said motion to suppress. Is it motion to strike or motion to suppress?
[59:39.000 --> 59:43.000]  Motion to strike. Well, either one. They both mean the same thing.
[59:43.000 --> 01:00:06.000]  Suppress is more often used when you're talking about evidence, that somebody brings evidence that's inadmissible and you're trying to keep it from being admitted. You say, I moved to suppress that evidence. But it's really, everybody will understand if you say that you're trying to suppress this, it's the same idea. You're trying to keep it out of court.
[01:00:06.000 --> 01:00:16.000]  Okay. But generally when you're speaking to a complaint, you move to strike the complaint. That means to take it out of the record.
[01:00:16.000 --> 01:00:30.000]  Okay. But read that, read the code and then go online and do a search for whatever the code is and case law.
[01:00:30.000 --> 01:00:38.000]  Oh yeah. I've read so much case law, my eyes are bleeding.
[01:00:38.000 --> 01:00:43.000]  I know everything. I've read them so much.
[01:00:43.000 --> 01:00:49.000]  That's the only way you beat them is you need to know their codes better than they do.
[01:00:49.000 --> 01:01:02.000]  Yes, I know the jurisdiction of Colorado Court 131124. I read the whole entire annotated statutes on it and it just opened my eyes to what they were doing.
[01:01:02.000 --> 01:01:04.000]  Good news.
[01:01:04.000 --> 01:01:07.000]  The Nexus is not there.
[01:01:07.000 --> 01:01:15.000]  Then now you look for the codes that you've read, how can you use those against these guys?
[01:01:15.000 --> 01:01:16.000]  Okay.
[01:01:16.000 --> 01:01:30.000]  Sorry, back against them. If the officer put a statement on a government record that was untrue and he knew it to be untrue, that is tampering with government document in every state.
[01:01:30.000 --> 01:01:38.000]  And if he swore to it under oath and it was a material fact, well that's aggravated perjury in every state.
[01:01:38.000 --> 01:01:39.000]  Yep.
[01:01:39.000 --> 01:01:47.000]  And those are crimes and they have the effect of denying you due process.
[01:01:47.000 --> 01:01:51.000]  And that's a federal crime.
[01:01:51.000 --> 01:01:54.000]  And that falls under the younger doctrine.
[01:01:54.000 --> 01:01:57.000]  They have no immunity for it.
[01:01:57.000 --> 01:02:04.000]  When you start showing they have no immunity, these guys are going to want this to go away.
[01:02:04.000 --> 01:02:09.000]  Some of them.
[01:02:09.000 --> 01:02:15.000]  Get a good argument down for the new DA.
[01:02:15.000 --> 01:02:22.000]  Look, they just filed these things to try to coerce me into making a deal because they didn't have a case.
[01:02:22.000 --> 01:02:24.000]  Okay.
[01:02:24.000 --> 01:02:28.000]  And then explain, this is what they've done here.
[01:02:28.000 --> 01:02:41.000]  They've lied to the court, they tampered with the government document, they committed crimes in the performance that are under the color of their authority and denied me in a federal right.
[01:02:41.000 --> 01:02:48.000]  And write down the younger doctrine and look up, in Ray Younger.
[01:02:48.000 --> 01:02:53.000]  Yes, I've read about it, but I'll just case file on it.
[01:02:53.000 --> 01:02:55.000]  Good, ex parte.
[01:02:55.000 --> 01:03:08.000]  And telling that, I'm sorry, ex parte, not in Ray, that under the younger doctrine, then these guys are making the whole county subject to a serious civil litigation.
[01:03:08.000 --> 01:03:16.000]  It's not about the law and the facts, I mean supposed to be, but it's really about politics.
[01:03:16.000 --> 01:03:21.000]  So get the prosecutor of political reasons to make this go away.
[01:03:21.000 --> 01:03:35.000]  What is the incarceration rate in Colorado today compared to two, three, five, ten years ago?
[01:03:35.000 --> 01:03:37.000]  Okay, I don't know that.
[01:03:37.000 --> 01:03:43.000]  They changed, everybody stopped doing examining trials.
[01:03:43.000 --> 01:03:54.000]  And when they did, the incarceration rate started to shoot up. How many people are being held in jail pending trial?
[01:03:54.000 --> 01:04:07.000]  They stopped dividing by the Speedy Trial Act so that the prosecutor could take somebody who couldn't afford bail and just stick him in jail and leave him there until he made a deal.
[01:04:07.000 --> 01:04:14.000]  If they can make bail, then they call him in every one month and offer him a deal.
[01:04:14.000 --> 01:04:17.000]  And they keep doing that until they make a deal.
[01:04:17.000 --> 01:04:24.000]  Hang on, Randy Kelton, Brett Fountain, We Love Radio, we'll be right back.
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[01:07:27.000 --> 01:07:28.000]  We're back.
[01:07:28.000 --> 01:07:29.000]  Randy Kelton, Brett Fountain.
[01:07:29.000 --> 01:07:30.000]  This is our radio.
[01:07:30.000 --> 01:07:33.000]  We're talking to David in Kansas.
[01:07:33.000 --> 01:07:37.000]  David, we kind of run away with your issues.
[01:07:37.000 --> 01:07:39.000]  You had 18 points.
[01:07:39.000 --> 01:07:42.000]  Yes.
[01:07:42.000 --> 01:07:50.000]  How about if Brett and I shut up for a minute and let you go through what you wanted to go through?
[01:07:50.000 --> 01:07:53.000]  Oh, no. I gave them to you.
[01:07:53.000 --> 01:07:58.000]  That was kind of like the outline of what has happened to us so far.
[01:07:58.000 --> 01:08:03.000]  Okay. Well, we missed the felony part. That was kind of like a bomb.
[01:08:03.000 --> 01:08:05.000]  That was a big deal.
[01:08:05.000 --> 01:08:08.000]  So what was the second felony?
[01:08:08.000 --> 01:08:09.000]  We were charged.
[01:08:09.000 --> 01:08:21.000]  So when I was arrested on October, I was in my own vehicle with my own plate.
[01:08:21.000 --> 01:08:31.000]  So the first time we got, the first and only time I met the cop was in January when he pulled us over and he gave my brother a ticket.
[01:08:31.000 --> 01:08:40.000]  Well, when he arrested us, me and my brother were together and they impounded my car and they charged me with a felony in the possession at the same time.
[01:08:40.000 --> 01:08:46.000]  And then I'm also a co-defendant with my brother in the attempt to influence the public servant.
[01:08:46.000 --> 01:08:49.000]  A felony in possession.
[01:08:49.000 --> 01:08:51.000]  There was a weapon in the car?
[01:08:51.000 --> 01:08:55.000]  No, no. Forgery, right?
[01:08:55.000 --> 01:09:08.000]  And possession of the fourth instrument and then attempting to influence a public servant because I said we charge for infraction.
[01:09:08.000 --> 01:09:21.000]  That wasn't a, oh, he took that as a threat. Attempting to influence. Yeah, you did attempt to influence him into following law.
[01:09:21.000 --> 01:09:28.000]  He just, he didn't say anything about you better not do your job or something like that.
[01:09:28.000 --> 01:09:41.000]  Infractions is kind of like I'll let you punch me in the arm for if you want, but you're going to have to pay me 10 bucks.
[01:09:41.000 --> 01:09:43.000]  It has nothing to do with his job.
[01:09:43.000 --> 01:09:45.000]  Infractions aren't part of his job.
[01:09:45.000 --> 01:09:49.000]  What's the statute number for that charge?
[01:09:49.000 --> 01:09:53.000]  423121B, I believe.
[01:09:53.000 --> 01:09:58.000]  What does it say?
[01:09:58.000 --> 01:10:02.000]  You were asking before we got pulled over initially, right?
[01:10:02.000 --> 01:10:06.000]  Well, I'm asking about this felony.
[01:10:06.000 --> 01:10:10.000]  Okay, that is 188306.
[01:10:10.000 --> 01:10:13.000]  What does it say?
[01:10:13.000 --> 01:10:20.000]  Any person attempting to influence a public servant?
[01:10:20.000 --> 01:10:27.000]  I'm almost got it.
[01:10:27.000 --> 01:10:36.000]  While you're digging, I would say anytime you speak to a public servant, you're trying to influence them.
[01:10:36.000 --> 01:10:41.000]  So there has to be more to that than just influence.
[01:10:41.000 --> 01:10:52.000]  So when that was at the stop and then when we sent our notice and claim, notice of claim, baritree fraud, Alphonse used to send those things.
[01:10:52.000 --> 01:10:59.000]  That's what we sent as a notice of claim because we felt that he had violated our due process and some other things.
[01:10:59.000 --> 01:11:01.000]  And then we sent a second letter.
[01:11:01.000 --> 01:11:03.000]  He did. I didn't send a thing.
[01:11:03.000 --> 01:11:13.000]  My brother sent a second letter to the DA, the attorney general of the state, and apparently the cop as well, a criminal complaint against the cop.
[01:11:13.000 --> 01:11:20.000]  And that happened about the same time that they issued the warrant for our arrest.
[01:11:20.000 --> 01:11:32.000]  So you can claim that they filed this charge for as retaliation for you filing criminal complaints against them.
[01:11:32.000 --> 01:11:35.000]  Did that work? Yes.
[01:11:35.000 --> 01:11:39.000]  It was close enough to think that they could have.
[01:11:39.000 --> 01:11:43.000]  It doesn't matter so much what the truth is.
[01:11:43.000 --> 01:11:47.000]  Perception is everything.
[01:11:47.000 --> 01:11:51.000]  So you bring back your own charges and give them something to fight.
[01:11:51.000 --> 01:11:53.000]  But these are nonsense charges.
[01:11:53.000 --> 01:12:00.000]  They're just using those to force you to make a deal to some lesser charge.
[01:12:00.000 --> 01:12:06.000]  Yes. And here you tell the prosecutor that these are nonsense charges.
[01:12:06.000 --> 01:12:11.000]  We'll take these all the way to the Supreme if need be.
[01:12:11.000 --> 01:12:17.000]  But try to negotiate with the DA first and see what kind of deal you can get.
[01:12:17.000 --> 01:12:35.000]  I had a guy in Arizona who got connected up with these patriot mythologists doing these private grand juries and changing their status.
[01:12:35.000 --> 01:12:41.000]  He was arrested for handing out brochures.
[01:12:41.000 --> 01:12:50.000]  And he only got arrested because he did the stupid stuff they told him to instead of just talk to the policeman like they were human beings.
[01:12:50.000 --> 01:13:02.000]  And then they started filing all this nonsensical stuff and wound up getting arrested again charged with a couple of felonies, similar to what they did to you to charge BS stuff.
[01:13:02.000 --> 01:13:12.000]  So I get a hold of him and I tell him, just go down there and talk to the prosecutor, tell him that you talk to these people.
[01:13:12.000 --> 01:13:16.000]  And they told you all this stuff and you didn't know any better.
[01:13:16.000 --> 01:13:18.000]  You acted in good faith.
[01:13:18.000 --> 01:13:22.000]  You soon found out it's all a bunch of hogwash.
[01:13:22.000 --> 01:13:25.000]  And I'm sorry I caused you all this problem.
[01:13:25.000 --> 01:13:29.000]  What can we do to get this taken care of?
[01:13:29.000 --> 01:13:32.000]  He's got two felonies and two misdemeanors.
[01:13:32.000 --> 01:13:37.000]  You guys said you have a $500 bond up.
[01:13:37.000 --> 01:13:51.000]  If you plead guilty to one misdemeanor and recharge your $500 fine and no jail time or anything or probation or any of that, we'll drop everything else.
[01:13:51.000 --> 01:13:54.000]  He almost sprained his wrist writing the check.
[01:13:54.000 --> 01:13:57.000]  Now we're going to go back and sue him.
[01:13:57.000 --> 01:14:02.000]  But now he doesn't have his liberty at risk.
[01:14:02.000 --> 01:14:05.000]  Liberty first.
[01:14:05.000 --> 01:14:08.000]  But go talk to the prosecutor.
[01:14:08.000 --> 01:14:15.000]  He's not going to want to fight in court over this a long time, especially when he's got stupid stuff.
[01:14:15.000 --> 01:14:22.000]  Forging a non-existent license plate.
[01:14:22.000 --> 01:14:23.000]  Good luck.
[01:14:23.000 --> 01:14:26.000]  I mean, both of those are really stupid.
[01:14:26.000 --> 01:14:29.000]  Well, thanks. I appreciate your time.
[01:14:29.000 --> 01:14:36.000]  And this new prosecutor, he doesn't have a dog in that hunt.
[01:14:36.000 --> 01:14:38.000]  You might just think ahead a little bit.
[01:14:38.000 --> 01:14:49.000]  Part of the deal they might want to work out is go get all your registration and all your new plates and everything all up to date.
[01:14:49.000 --> 01:14:55.000]  And you might want to be able to tell them, oh, I don't even have that truck anymore.
[01:14:55.000 --> 01:15:01.000]  You know, you can you can still fight the issue.
[01:15:01.000 --> 01:15:09.000]  I was pulled over in Austin once and at the time you could have a Texas ID and a Texas driver's license.
[01:15:09.000 --> 01:15:11.000]  So I had them both.
[01:15:11.000 --> 01:15:15.000]  And the officer asked me for my driver's license and I gave him the ID.
[01:15:15.000 --> 01:15:23.000]  Well, it looks just like a driver's license, except instead of DL, it had ID.
[01:15:23.000 --> 01:15:30.000]  So he goes back to his cruiser, comes back and he said, well, Mr. Kelton, this is a Texas ID.
[01:15:30.000 --> 01:15:32.000]  I said, yes, it is.
[01:15:32.000 --> 01:15:34.000]  He said, do you have a driver's license?
[01:15:34.000 --> 01:15:37.000]  I said, yes, I do.
[01:15:37.000 --> 01:15:40.000]  But I'm not using it right now.
[01:15:40.000 --> 01:15:47.000]  He stepped back and looked at me and said, Mr. Kelton, are you one of those guys?
[01:15:47.000 --> 01:15:50.000]  I said, yes, I am here.
[01:15:50.000 --> 01:15:53.000]  Have a nice day.
[01:15:53.000 --> 01:15:58.000]  He didn't want to have that fight.
[01:15:58.000 --> 01:16:03.000]  But the point was, he knew what I was going to argue.
[01:16:03.000 --> 01:16:14.000]  I wasn't in commerce, but I didn't do it in a in a way that made him angry or pushed him over the edge.
[01:16:14.000 --> 01:16:23.000]  I had a license, but I could still have the fight because I'm not using it.
[01:16:23.000 --> 01:16:27.000]  And this neuters the police.
[01:16:27.000 --> 01:16:33.000]  They have nothing they can come after you for.
[01:16:33.000 --> 01:16:37.000]  Best fight to have is the one you picked.
[01:16:37.000 --> 01:16:49.000]  So put that notice on there that you're not in commerce and have your license in the seat and have your driver's license in the seat.
[01:16:49.000 --> 01:16:50.000]  Yeah, I got it here.
[01:16:50.000 --> 01:16:52.000]  Well, you have to display that.
[01:16:52.000 --> 01:16:56.000]  I only have to display that if I'm in commerce.
[01:16:56.000 --> 01:17:00.000]  If I operate this in commerce, I'll do that.
[01:17:00.000 --> 01:17:07.000]  I'm saying if you want to have that fight, this is a much better way to have it.
[01:17:07.000 --> 01:17:09.000]  Does that make sense?
[01:17:09.000 --> 01:17:12.000]  Yes, sir. Thank you guys. I appreciate it.
[01:17:12.000 --> 01:17:15.000]  Oh, you're done?
[01:17:15.000 --> 01:17:17.000]  I think so.
[01:17:17.000 --> 01:17:19.000]  Thanks for calling.
[01:17:19.000 --> 01:17:25.000]  OK, thank you and keep us up to speed on how this goes. We'll be right back.
[01:17:25.000 --> 01:17:30.000]  Sorry, soft drink lovers. Even diet drinks can make you fat.
[01:17:30.000 --> 01:17:35.000]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:17:35.000 --> 01:17:41.000]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:17:41.000 --> 01:17:43.000]  Privacy is under attack.
[01:17:43.000 --> 01:17:46.000]  When you give up data about yourself, you'll never get it back again.
[01:17:46.000 --> 01:17:51.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:17:51.000 --> 01:17:56.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:17:56.000 --> 01:17:59.000]  Privacy, it's worth hanging on to.
[01:17:59.000 --> 01:18:02.000]  This public service announcement is brought to you by StartPage.com,
[01:18:02.000 --> 01:18:06.000]  the private search engine alternative to Google, Yahoo and Bing.
[01:18:06.000 --> 01:18:09.000]  Start over with StartPage.
[01:18:09.000 --> 01:18:15.000]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:18:15.000 --> 01:18:20.000]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:18:20.000 --> 01:18:27.000]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:18:27.000 --> 01:18:30.000]  The study's authors say artificial sweeteners trigger the appetite,
[01:18:30.000 --> 01:18:34.000]  but unlike regular sugars, don't deliver anything to squelch it.
[01:18:34.000 --> 01:18:40.000]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:18:40.000 --> 01:18:43.000]  So use natural sweeteners to maintain a healthy weight,
[01:18:43.000 --> 01:18:48.000]  and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:18:48.000 --> 01:18:54.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:18:54.000 --> 01:19:00.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:19:00.000 --> 01:19:02.000]  The government says that fire brought it down.
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[01:19:07.000 --> 01:19:10.000]  Over 6,000 of my fellow service members have given their lives.
[01:19:10.000 --> 01:19:12.000]  Thousands of my fellow first responders are dying.
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[01:20:48.000 --> 01:21:10.000]  Okay, we are back.
[01:21:10.000 --> 01:21:20.000]  We're in Kelkin, Brett Fountain, Rule of Law Radio on this Friday, the 28th day of July, 2023.
[01:21:20.000 --> 01:21:25.000]  Our four-hour info marathon, and we're going to Chris in Colorado.
[01:21:25.000 --> 01:21:28.000]  Hello, Chris. What have you been up to?
[01:21:28.000 --> 01:21:30.000]  Hey, guys.
[01:21:30.000 --> 01:21:35.000]  Well, I wanted to give you guys an update on my little strategy I did
[01:21:35.000 --> 01:21:40.000]  where I filed a case back in May and then I didn't serve anybody yet.
[01:21:40.000 --> 01:21:44.000]  I had a status hearing on the 25th, a couple days ago.
[01:21:44.000 --> 01:21:49.000]  Wait, wait, hold on. In May, did you file it in the state or the Fed?
[01:21:49.000 --> 01:21:51.000]  State.
[01:21:51.000 --> 01:21:55.000]  Oh, okay, because in the Fed, you got 90 days to serve.
[01:21:55.000 --> 01:21:57.000]  Oh, really? Oh, okay.
[01:21:57.000 --> 01:22:01.000]  You might check with you if there's a time limit in the state.
[01:22:01.000 --> 01:22:04.000]  I think it's 120 in the state.
[01:22:04.000 --> 01:22:06.000]  Oh, okay.
[01:22:06.000 --> 01:22:08.000]  The judge didn't even blink.
[01:22:08.000 --> 01:22:14.000]  There was a ton of us on the Zoom hearing, you know, all sitting there waiting in line.
[01:22:14.000 --> 01:22:18.000]  And she got to my case, and I couldn't press the button fast enough to unmute myself.
[01:22:18.000 --> 01:22:22.000]  She said, okay, moving on.
[01:22:22.000 --> 01:22:26.000]  So I stopped her. I said, well, you move quick, Your Honor.
[01:22:26.000 --> 01:22:30.000]  And I just said, we haven't served them yet.
[01:22:30.000 --> 01:22:34.000]  And I just told her that she was asking about other dates. She gave other dates for the next hearing.
[01:22:34.000 --> 01:22:36.000]  I said, September, whatever. That'll be good for me.
[01:22:36.000 --> 01:22:41.000]  She said, okay, we'll see in September. Didn't even flinch.
[01:22:41.000 --> 01:22:44.000]  So you're good on that. Good.
[01:22:44.000 --> 01:22:47.000]  Yeah, I was a little nervous. I didn't know how that was going to go down, but it worked.
[01:22:47.000 --> 01:22:54.000]  So now I can serve the insurance company at any time, which brings me to my next question.
[01:22:54.000 --> 01:22:59.000]  Okay, the last time you were here, you won a ruling.
[01:22:59.000 --> 01:23:01.000]  I did, yeah.
[01:23:01.000 --> 01:23:07.000]  Give us a, bring everybody else up to speed on what your case is.
[01:23:07.000 --> 01:23:17.000]  Well, I stumbled on, I guess, hopefully the tail end, but who knows, in Chicago of 50 years, at least, of illegal towing in Chicago.
[01:23:17.000 --> 01:23:23.000]  It used to be run by the mob. A lot of it probably still is, probably run by their kids.
[01:23:23.000 --> 01:23:33.000]  So I got towed and I stumbled on that racket and they've just been trying to defraud me the whole time, damage the car and et cetera, et cetera.
[01:23:33.000 --> 01:23:35.000]  And the city doesn't do anything. It's just a mess.
[01:23:35.000 --> 01:23:41.000]  So anyway, I sued them, I sued the insurance company and my case has survived.
[01:23:41.000 --> 01:23:46.000]  And a little pro se that nobody likes in the courts there.
[01:23:46.000 --> 01:23:51.000]  You know, we've survived over two years and it's amazing how pissed off they are now.
[01:23:51.000 --> 01:23:54.000]  Good.
[01:23:54.000 --> 01:23:59.000]  They're threatening summary judgment and all that kind of stuff. And I'm like, bring it on.
[01:23:59.000 --> 01:24:07.000]  My issue though is, so we're moving towards settlement conference. It's going to be in two weeks.
[01:24:07.000 --> 01:24:15.000]  And I've got a call bluff of a bunch of, not subpoenas, depositions.
[01:24:15.000 --> 01:24:20.000]  Never done one before. I've been in one before years ago for a friend of mine.
[01:24:20.000 --> 01:24:29.000]  They're not fun. It's a lot of, like they're in the firing seat and I fire back.
[01:24:29.000 --> 01:24:34.000]  So it was a lot of that for basically all day long. It's pretty stressful.
[01:24:34.000 --> 01:24:38.000]  But I've never done one myself and I'm not really in a position to do one myself.
[01:24:38.000 --> 01:24:43.000]  I don't think I could pull it off mentally, to be honest with you. But if I have no choice, I have no choice.
[01:24:43.000 --> 01:24:52.000]  I'm trying to figure out how to do that and leverage it during the settlement conference to let them know that I'm a higher attorney or pay an attorney.
[01:24:52.000 --> 01:24:59.000]  I don't even know if that's possible to do the depositions and hopefully that'll incentivize them to settle.
[01:24:59.000 --> 01:25:07.000]  But anyway, that's just one of my things. I'm a little intimidated by this next course of events and I'm putting the heat on them for sure.
[01:25:07.000 --> 01:25:18.000]  I'm going to file that complaint, but it's almost personal at this point because a pro se has survived this long.
[01:25:18.000 --> 01:25:22.000]  Making them look bad.
[01:25:22.000 --> 01:25:31.000]  Yeah. He was upset last time and he basically threatened me in front of the judge that he's going to do a summary judgment.
[01:25:31.000 --> 01:25:34.000]  If that doesn't work, he's going to do it in the trial.
[01:25:34.000 --> 01:25:41.000]  Holy crap. I don't know if he was just he was getting hammered by the insurance company because he couldn't get this dismissed or probably part of it.
[01:25:41.000 --> 01:25:47.000]  But anyway, I'm getting into territory that's way above my head, so to speak.
[01:25:47.000 --> 01:25:54.000]  And I'm sure everybody's been intimidated the first time in court. But this is federal, you know, and not really any different than regular court.
[01:25:54.000 --> 01:25:55.000]  I've been in small claims.
[01:25:55.000 --> 01:26:01.000]  Well, actually, it is different. It's better.
[01:26:01.000 --> 01:26:05.000]  The federal courts are a lot more professional.
[01:26:05.000 --> 01:26:11.000]  They don't act like idiots like the county and municipal courts do.
[01:26:11.000 --> 01:26:17.000]  They're a lot more professional. They won't be as hard for you.
[01:26:17.000 --> 01:26:20.000]  Okay.
[01:26:20.000 --> 01:26:25.000]  Well, I guess if I have to, depositions.
[01:26:25.000 --> 01:26:28.000]  That's a whole new world.
[01:26:28.000 --> 01:26:34.000]  Of course, I've been in through one and the attorney was deposing me was she was an idiot.
[01:26:34.000 --> 01:26:37.000]  I mean, she's just she had no grounds for the suit to begin with.
[01:26:37.000 --> 01:26:41.000]  That's why I was helping my friend out. And he was an elderly guy.
[01:26:41.000 --> 01:26:44.000]  And she was just trying to ruin his life and his family's life.
[01:26:44.000 --> 01:26:50.000]  I went in there as a witness and and questions she was asking was just ridiculous.
[01:26:50.000 --> 01:26:54.000]  She kept asking the same question over and over and multiple forms.
[01:26:54.000 --> 01:27:00.000]  You know, she's a she was a lawyer. So I'm I'm just not sure.
[01:27:00.000 --> 01:27:03.000]  I mean, should I be intimidated or not? Should I really study this or not?
[01:27:03.000 --> 01:27:06.000]  You know, I tend to overstudy all this stuff.
[01:27:06.000 --> 01:27:10.000]  Yeah, don't be. You're doing the deposition.
[01:27:10.000 --> 01:27:14.000]  It's a whole different animal when you're doing it.
[01:27:14.000 --> 01:27:20.000]  Figure out what you need to extract from the witness.
[01:27:20.000 --> 01:27:24.000]  And study rules of evidence real close.
[01:27:24.000 --> 01:27:29.000]  You need to understand what foundation is, what standing is.
[01:27:29.000 --> 01:27:43.000]  You need to find out what it takes to render evidence fileable in the court or noticeable by the court.
[01:27:43.000 --> 01:27:53.000]  You primarily foundation. You can't just ask a question in deposition.
[01:27:53.000 --> 01:27:56.000]  You have to establish foundation for the question.
[01:27:56.000 --> 01:28:00.000]  You have to be able to show why the question is pertinent.
[01:28:00.000 --> 01:28:04.000]  So you hear these when you listen to lawyers doing this,
[01:28:04.000 --> 01:28:09.000]  they're asking a lot of what seem to be superfluous questions,
[01:28:09.000 --> 01:28:17.000]  but they're really to establish foundation for the information that they need there.
[01:28:17.000 --> 01:28:25.000]  I'm sure there's some treatments out there by law schools on how to do deficit depositions.
[01:28:25.000 --> 01:28:31.000]  But I've never done one myself, so I really don't know how to advise you on that.
[01:28:31.000 --> 01:28:34.000]  Well, it's I know a lot of it's kind of what you're saying.
[01:28:34.000 --> 01:28:40.000]  It's making sure you don't you don't set yourself up for objections.
[01:28:40.000 --> 01:28:42.000]  But, you know, it depends on the attorney.
[01:28:42.000 --> 01:28:45.000]  Like when I was doing it, I had two attorneys that were actually representing my friend.
[01:28:45.000 --> 01:28:48.000]  And so they they sat there and watched it.
[01:28:48.000 --> 01:28:52.000]  And they only had a couple of objections when, you know, looking back,
[01:28:52.000 --> 01:28:55.000]  they could have objected to like 50 percent or more of what she was asking.
[01:28:55.000 --> 01:28:59.000]  It was this redundant BS.
[01:28:59.000 --> 01:29:06.000]  Yeah, but they probably didn't object to something that wasn't important.
[01:29:06.000 --> 01:29:11.000]  Yeah, it may have been annoying you, but it wasn't harming their case.
[01:29:11.000 --> 01:29:17.000]  OK. So what you're probably going to get as a pro se,
[01:29:17.000 --> 01:29:22.000]  you're going to get the lawyer objecting to everything.
[01:29:22.000 --> 01:29:26.000]  Every time you ask a question, he'll object just to break down your flow.
[01:29:26.000 --> 01:29:30.000]  So you need all your questions written down.
[01:29:30.000 --> 01:29:33.000]  And keep your finger on the one that you're asking,
[01:29:33.000 --> 01:29:39.000]  because he'll distract you and then you'll look back down at your list and wonder where you were.
[01:29:39.000 --> 01:29:44.000]  You need to read the rules on it, because the lawyers start violating the rules.
[01:29:44.000 --> 01:29:52.000]  Then you asked a proponent so you can file a motion with the court for sanctions against the lawyers.
[01:29:52.000 --> 01:29:59.000]  They certainly won't like that.
[01:29:59.000 --> 01:30:05.000]  But don't let the lawyers bully you.
[01:30:05.000 --> 01:30:07.000]  Well, no, I don't plan to.
[01:30:07.000 --> 01:30:14.000]  They've never done a good job of bullying me at all, especially when it's been one on one.
[01:30:14.000 --> 01:30:20.000]  So I probably it'll probably be OK, but I just would like to be kind of a little bit more prepared.
[01:30:20.000 --> 01:30:24.000]  I'd really like to have actual lawyers do this, but that's OK.
[01:30:24.000 --> 01:30:26.000]  Yeah, look online for how to do depositions.
[01:30:26.000 --> 01:30:35.000]  You'll find you'll probably find a hundred videos on how to do that.
[01:30:35.000 --> 01:30:40.000]  Yeah, yeah, I found out today actually interesting.
[01:30:40.000 --> 01:30:46.000]  My side will be free. It's not going to cost me anything, except I have to hire.
[01:30:46.000 --> 01:30:54.000]  The process has really changed a lot since Covid, so we can we can we don't have to have we don't pay for a court recorder in federal, at least in Illinois.
[01:30:54.000 --> 01:31:03.000]  We can just record it through Zoom and then use that as the record.
[01:31:03.000 --> 01:31:11.000]  But I have to hire somebody to swear everybody in. I don't know how much that will be, but that's the one thing I do have to do.
[01:31:11.000 --> 01:31:21.000]  Can a notary do that? Well, hang on. Listen, we're going to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio, our call in number 512-646-1984.
[01:31:21.000 --> 01:31:24.000]  We'll be right back.
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[01:33:46.000 --> 01:34:02.000]  Okay, we are back.
[01:34:02.000 --> 01:34:07.000]  Brenda Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado.
[01:34:07.000 --> 01:34:11.000]  Okay, go ahead, Chris.
[01:34:11.000 --> 01:34:19.000]  So you're having a concern about a deposition.
[01:34:19.000 --> 01:34:26.000]  Yeah, this is the big deal. This is the real deal. I'm a little intimidated for sure, but I shouldn't be.
[01:34:26.000 --> 01:34:32.000]  But I guess I'm more intimidated by screwing up, you know, and I probably shouldn't be.
[01:34:32.000 --> 01:34:40.000]  You're kind of leading this show. You either get all the stuff you want or you don't.
[01:34:40.000 --> 01:34:53.000]  But you got to know the process, the lawyer on the other side is going to object to you in a way he wouldn't object to with another lawyer.
[01:34:53.000 --> 01:34:56.000]  Right.
[01:34:56.000 --> 01:35:01.000]  Can you record this to yourself or do you have to have a videographer?
[01:35:01.000 --> 01:35:06.000]  No, we don't have to. That's the thing. That's what's great about this. I don't have to pay for any of that.
[01:35:06.000 --> 01:35:14.000]  I have to get a Zoom account, press the button, record, and that's it. If I show up myself, I can just put a camera up for sure.
[01:35:14.000 --> 01:35:17.000]  Oh, you're going to do it on Zoom?
[01:35:17.000 --> 01:35:18.000]  Yeah.
[01:35:18.000 --> 01:35:23.000]  Oh, good. That'll make it easier.
[01:35:23.000 --> 01:35:37.000]  One thing that I have noticed that some people end up getting a short stick on Zoom is if the judge just nods a little sideways, the person that's got the mute button will mute the pro se.
[01:35:37.000 --> 01:35:42.000]  And that's been kind of a theme. It's been kind of a pattern.
[01:35:42.000 --> 01:35:46.000]  This is a deposition. There is no judge.
[01:35:46.000 --> 01:35:49.000]  Oh, right, right.
[01:35:49.000 --> 01:35:54.000]  But that is a big concern about Zoom.
[01:35:54.000 --> 01:35:57.000]  Who would mute who? I'm sorry.
[01:35:57.000 --> 01:36:05.000]  No, you're in a deposition. That's not an issue. No concern there. You're fine.
[01:36:05.000 --> 01:36:34.000]  What happens is in court cases when somebody is on Zoom, the pro se will start to say something that the judge doesn't want to hear or doesn't want on the record and he just give a little sideways wink and the court coordinator or administrator who's got her finger on a mute button fixes it so that the pro se audio cuts out and you don't get what you needed to on the record.
[01:36:34.000 --> 01:36:40.000]  If you're on a Zoom hearing, you need to make sure you're recording it.
[01:36:40.000 --> 01:36:43.000]  Yeah, I will be for sure.
[01:36:43.000 --> 01:37:00.000]  Well, since this is your deposition, you're going to be the one opening the Zoom. Last time I was on Zoom, I wasn't the curator, so I couldn't record.
[01:37:00.000 --> 01:37:04.000]  So I need another way to record.
[01:37:04.000 --> 01:37:13.000]  Well, I'll have a backup just in case Zoom decides to screw up. I'll have my phone in the background recording the screen and everything anyway.
[01:37:13.000 --> 01:37:30.000]  Yeah, but I'm halfway tempted to drive over there and do some of these in person just to make face because they know that I'm not that intimidated by them personally, but more by the process.
[01:37:30.000 --> 01:37:44.000]  That's what they've been trying to do is beat me up with the process and it hasn't worked. Not well, at least. But, you know, this could go to trial and I doubt, you know, that's the part where we have to call the bluff. We have to be willing to walk into the courtroom.
[01:37:44.000 --> 01:37:52.000]  And I'm fine doing that, but I know they don't want to go there, but I think they might push it to the court steps just to prove a point.
[01:37:52.000 --> 01:38:00.000]  And we've had that happen before. It's right on the court steps. It's where they finally knuckle under and make the deal.
[01:38:00.000 --> 01:38:02.000]  Yeah.
[01:38:02.000 --> 01:38:21.000]  So, okay, I'll keep moving forward. I'm going to go ahead, but here's what I found out today that to prepare for a deposition, the one attorney, I was talking to attorney from the volunteer for the federal courts in Illinois, he said about $5,000 for preparation per
[01:38:21.000 --> 01:38:34.000]  person, and it's about $5,000 for the deposition itself. If I do two people for that tow company, that's, you know, $15,000 to $20,000 for them.
[01:38:34.000 --> 01:38:51.000]  So I'm trying to make a list. I wish I hadn't, I wish I had a bigger list for all their employees to depose everybody. But that's, the other part is I have to get third party subpoenas for deposition.
[01:38:51.000 --> 01:39:01.000]  I have to depose the insurance company and I have to find the driver of the tow truck because he was fired years ago, and then I've got to depose him somehow.
[01:39:01.000 --> 01:39:18.000]  And that was good to know because that'll drive the costs up, which might, might leverage them for, for settlements. But again, this is all a new game for me. I'm a new poker game, but the rules are pretty much set, you know, so.
[01:39:18.000 --> 01:39:36.000]  You're saying you don't have to pay that and the other side has to pay $5,000 to prep for a witness in a deposition. Oh, you need lots of witnesses.
[01:39:36.000 --> 01:39:50.000]  I wish I had a couple more. I definitely got two, but that's what he said. I mean, this is, this is the federal attorney who, who opens, he's a cool, he's kind of a cool guy. Actually. He opens his case. He's an employment attorney.
[01:39:50.000 --> 01:40:00.000]  And it's just, it's stuff for like wages and you know, a couple thousand dollars here and there, but he'll stick it in the federal court for like $2 million just to get federal jurisdiction. He says almost all my cases settle out.
[01:40:00.000 --> 01:40:13.000]  But he says that's when you're doing depositions, that's what it is. And so I don't know what they're charging, but three, four, $500 an hour, you know, how many hours they do in prep three, probably five to 10 hours of prep.
[01:40:13.000 --> 01:40:28.000]  And then the deposition itself is five to 10 hours, five to seven hours max. So he could be right. I think it's probably more like 10 to 15,000 for that type of number, but yeah, I can't imagine how much this has cost them already on the other side.
[01:40:28.000 --> 01:40:37.000]  But it'd be cool if I was public knowledge.
[01:40:37.000 --> 01:40:50.000]  So back more, I got it. One more question, if you don't mind. And I, I just, this parts, this, this case, I got till the next week to file something on the hospital up in Wyoming.
[01:40:50.000 --> 01:41:06.000]  And I think I'm just going to plagiarize a case because I just, I can't find anybody to help and I don't have the energy to really do it. So I think I'm just going to plagiarize a case and then sit on it again for a few months before I serve anybody and do more research as to what, what the damages really are.
[01:41:06.000 --> 01:41:20.000]  But our system's really broken. I mean, it's, I talked to a Senator today. I called four or five senators up in Wyoming. One of them finally called me back and he's like, I can't help you. I won't help you straight up.
[01:41:20.000 --> 01:41:37.000]  It's just not something I can do or want to do really is what he said. And so I don't, I don't, I don't get how, how the senators of a state that's supposed to be so conservative, you know, can just allow that kind of stuff to go on. I don't know what power they really have.
[01:41:37.000 --> 01:41:45.000]  I have looked into that, but I'm going to have to file that suit on my own and then figure out what to do down the road with it.
[01:41:45.000 --> 01:41:55.000]  But do you think it's 90 days, Randy, for federal or federal? I know it's, yeah, I know it's 90 days. I just read into that.
[01:41:55.000 --> 01:42:07.000]  Okay. Well, I'll throw something together and, and then I'll just wait. I'll stretch it out. I don't really have any other choice because I can't put together a case yet.
[01:42:07.000 --> 01:42:15.000]  It'll take me a couple of months probably to do it. So I'll have to do an amended complaint.
[01:42:15.000 --> 01:42:31.000]  You might be able, you might be able to do that. But then again, they say you're supposed to serve it within 90 days, but I thought about it and I said, well, what if you don't?
[01:42:31.000 --> 01:42:42.000]  They're not going to, I can't see them dismissing your case because you didn't get it served quick enough because service is sometimes a real problem.
[01:42:42.000 --> 01:43:03.000]  And if you've already been declared, if you have a ruling of inability to pay, then let's see. Oh, I'm thinking wrong. You want to delay it because you can get the, oh, wait a minute.
[01:43:03.000 --> 01:43:19.000]  I got a guy in Utah that he filed for inability to pay. He filed a federal suit and they took six months to decide whether they were going to allow him to proceed with the suit or not.
[01:43:19.000 --> 01:43:33.000]  Because if you file the inability to pay, the court gets to look at the suit and decide if the suit has merit. That took them six months and they didn't like what they saw.
[01:43:33.000 --> 01:43:44.000]  So they griped about it and then I fixed it and it's been sitting almost a year now.
[01:43:44.000 --> 01:43:58.000]  So if you file for inability to pay, that'll get you, and then you get filed, that'll get you several months waiting for them to correct your lawsuit.
[01:43:58.000 --> 01:44:03.000]  That's true. Good point. Informer Popper is right.
[01:44:03.000 --> 01:44:14.000]  Yeah. So this guy looks like he's going to have to pay the filing fee just to get the other side served.
[01:44:14.000 --> 01:44:16.000]  They didn't grant them a form of progress?
[01:44:16.000 --> 01:44:21.000]  The courts are just, I guess they're too clogged.
[01:44:21.000 --> 01:44:29.000]  Oh. Well, I got it in Illinois for state court. She looked at it the same day I filed it.
[01:44:29.000 --> 01:44:40.000]  Oh. Approved. So I was really surprised on that one. And it's not cheap either. Illinois is like $300 and some odd dollars to file that in state court.
[01:44:40.000 --> 01:44:53.000]  Yes, that way in the Fed, I think it's $350 or so. I filed a suit in the county, in Victoria County, and it cost me almost $500 in Texas.
[01:44:53.000 --> 01:45:07.000]  Well, $400. Wyoming's interesting. They have a $400 filing fee for the federal court plus an additional $350 for civil rights actions. Is that across the nation or is that just there?
[01:45:07.000 --> 01:45:09.000]  I don't know.
[01:45:09.000 --> 01:45:13.000]  Okay. I just saw that. Yeah.
[01:45:13.000 --> 01:45:27.000]  Okay. Well, good. I'll do that. I'll play that game. I'll just file something. I'll get it somewhat deficient and then we'll do a form of progress. Hopefully it'll take a while. And then you're right. I could stretch that clock out a little bit.
[01:45:27.000 --> 01:45:32.000]  Yeah, that might give you plenty of time.
[01:45:32.000 --> 01:45:33.000]  Okay.
[01:45:33.000 --> 01:45:35.000]  Okay. Great.
[01:45:35.000 --> 01:46:00.000]  Okay. This is Randy Kelton, Brett Fountain, Wheeler Radio. We'll have two slots on the caller board as soon as Chris drops off. So if you have a question or comment, give us a call. I call it number 512-646-1984.
[01:46:00.000 --> 01:46:14.000]  And we'll be taking your calls all night. Hang on. We'll be right back.
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