ROL_2025-06-20_16k.timecode

[00:00.000 --> 00:23.600]  I've done that and I think it's pretty cool.
[00:23.600 --> 00:27.860]  So then, let's see, we talked about interrogatories, those are questions.
[00:27.860 --> 00:35.300]  In some jurisdictions, they don't even call it interrogatories, they just say deposition
[00:35.300 --> 00:41.060]  by written questions or written questions and it's really just...
[00:41.060 --> 00:44.580]  Also a limit on the number of interrogatories you can request.
[00:44.580 --> 00:52.940]  Yes, they have a limit, most of them do, and some in the Fed, they may not have a limit
[00:52.940 --> 00:57.480]  on one thing or another, but they say that the judge will consider whether it's reasonable.
[00:57.480 --> 01:04.160]  So you can't just dump 500 pages of questions at them, you need to make it be reasonable
[01:04.160 --> 01:11.080]  that you're an objective reader will look at this and say, oh, he's going to some evidence
[01:11.080 --> 01:16.460]  that really does deal with these essential elements and he's not just rambling and trying
[01:16.460 --> 01:19.800]  to make them busy.
[01:19.800 --> 01:25.760]  So we're not asking for evidence we don't need, and we don't ask for things that don't
[01:25.760 --> 01:28.440]  go to an essential element.
[01:28.440 --> 01:34.120]  So production is for documents, so disclosure is another one.
[01:34.120 --> 01:39.360]  There may be some...
[01:39.360 --> 01:40.360]  Something that wasn't really...
[01:40.360 --> 01:45.240]  It's not a document, it's not a record you can request, but you need them to disclose.
[01:45.240 --> 01:58.320]  Let's say you need them to disclose the date on which a certain procedure was rolled out.
[01:58.320 --> 02:05.280]  Well, you're not asking for a document really, you just need them to give you the evidence
[02:05.280 --> 02:15.120]  that you need so that, hey, I can't be accused of this thing retroactively, and so you're
[02:16.000 --> 02:24.440]  opposition has already stipulated that this occurred on January 4th.
[02:24.440 --> 02:26.480]  So how can I be accused?
[02:26.480 --> 02:32.040]  You can argue it later, but once it's established, that would be a disclosure.
[02:32.040 --> 02:33.480]  Let's see.
[02:33.480 --> 02:36.460]  Another thing you can do is depositions.
[02:36.460 --> 02:39.600]  We often see this in the movies.
[02:39.600 --> 02:46.960]  We will see somebody dragged into a room with a camera, and they've got a lawyer dancing
[02:46.960 --> 02:53.560]  around asking them a bunch of questions, isn't it true that you were...
[02:53.560 --> 03:02.240]  And you know, you can't ask all those kinds of leading questions, but you can get these
[03:02.240 --> 03:05.000]  people to just talk.
[03:05.480 --> 03:10.760]  When you depose somebody, the purpose is not just to waste their 10 hours, or however many
[03:10.760 --> 03:13.400]  the limit is, different states, it's different amounts.
[03:13.400 --> 03:18.200]  Let me make a comment on leading questions.
[03:18.200 --> 03:30.700]  If the person you're deposing is the opposite party's witness, that witness is considered
[03:30.700 --> 03:33.260]  to be a hostile witness.
[03:33.260 --> 03:36.180]  Not when you can ask leading questions.
[03:36.180 --> 03:42.020]  Yes, because they're hostile in terms of they don't want to help you.
[03:42.020 --> 03:45.240]  They're not particularly interested in the cause of justice.
[03:45.240 --> 03:48.140]  They're trying to protect their buddy or their wife or whatever.
[03:48.140 --> 03:51.880]  Even if it's your witness.
[03:51.880 --> 03:58.940]  So you get stopped and you get arrested, and there were the primary actors, but there are
[03:59.160 --> 04:07.160]  a couple of them over there who are not named in your claim, but they're just witnesses.
[04:07.160 --> 04:13.360]  If they do not voluntarily come forward and you have to summon them, you can have them
[04:13.360 --> 04:14.360]  declared...
[04:14.360 --> 04:18.640]  You'd have to go to the court, since it's your witness, and ask the court to declare
[04:18.640 --> 04:24.800]  this witness a hostile witness, so you can ask them leading questions.
[04:24.800 --> 04:30.300]  So in court, when you bring somebody, you mention dragging somebody up on the stand,
[04:30.300 --> 04:32.740]  that would be a subpoena.
[04:32.740 --> 04:38.220]  A subpoena says, I'm grabbing you, like it or not, and you're going to be up on the witness
[04:38.220 --> 04:39.220]  stand.
[04:39.220 --> 04:44.780]  You have evidence that's essential to my case, and it's going to come out of your mouth.
[04:44.780 --> 04:49.900]  We're going to put you under oath, and you've got to testify.
[04:49.900 --> 04:50.900]  That's a subpoena.
[04:51.800 --> 04:56.520]  Now, there's a special kind of subpoena that says, bring it with you.
[04:56.520 --> 04:58.760]  Subpoena duces tecum.
[04:58.760 --> 05:03.480]  That means not only do you have to come over here and get up on the stand, but you also
[05:03.480 --> 05:10.720]  have to bring with you, for example, all of the data that you collected from my cell phone
[05:10.720 --> 05:15.160]  when you grabbed it on Wednesday the 14th.
[05:15.160 --> 05:18.760]  Bring that data with you to court.
[05:18.760 --> 05:21.820]  When you come to court, yes, you're being dragged into court, and yes, you're going
[05:21.820 --> 05:24.620]  to be put up on the stand, and you're going to have to swear to tell the truth and the
[05:24.620 --> 05:28.220]  whole truth and nothing but the truth, and you have to bring with you all the data that
[05:28.220 --> 05:32.940]  you took off my phone.
[05:32.940 --> 05:34.780]  So this is part of discovery.
[05:34.780 --> 05:37.700]  This is you getting the evidence that you need.
[05:37.700 --> 05:43.100]  But what if you don't want to be surprised by that in court and find out that the data
[05:43.100 --> 05:51.120]  that they got off of your phone actually showed the GPS logs of you spending too much time
[05:51.120 --> 05:55.960]  in the red light district and you probably did the crime?
[05:55.960 --> 06:02.960]  What if you actually want to find out before trial what data they had off your phone?
[06:02.960 --> 06:11.160]  So that's when you depose the person and you use your discovery request for production
[06:11.280 --> 06:17.360]  of documents or for disclosure of whatever data they came up with.
[06:17.360 --> 06:27.940]  So this is in a lot of ways better than bringing the person along with a surprise package.
[06:27.940 --> 06:34.280]  You want to know what evidence is being admitted before it gets admitted.
[06:35.280 --> 06:44.280]  Well, I think that pretty much covers everything I was thinking about to share about discovery.
[06:44.280 --> 06:47.880]  We do have one caller on the board so far.
[06:47.880 --> 06:49.800]  Anybody else wants to come and join in?
[06:49.800 --> 06:54.800]  It's 512-646-1984.
[06:54.800 --> 06:59.800]  Randy, is there anything else you want to add or would you like to go ahead to our callers here?
[06:59.800 --> 07:02.120]  No, I don't want to add anything.
[07:02.160 --> 07:05.160]  I was sitting here trying to absorb everything you said.
[07:05.160 --> 07:08.160]  Well, I hope it came across and made sense.
[07:08.160 --> 07:13.160]  One little thing, you mentioned in passing a motion in Lemony.
[07:13.160 --> 07:14.160]  Yes.
[07:14.160 --> 07:17.160]  Can you explain to them what that is?
[07:17.160 --> 07:18.160]  Yes.
[07:18.160 --> 07:26.280]  In Lemony means you want to tell in your motion, you want to have the court declare that these
[07:26.280 --> 07:30.200]  are the things that can't be brought up.
[07:30.280 --> 07:37.180]  So, you can't talk about this, you can't hang your head on that because they've already
[07:37.180 --> 07:43.360]  been admitted or because, you know, opposing counsel already had ample opportunity to support
[07:43.360 --> 07:46.520]  such and such and failed to refuse to do so.
[07:46.520 --> 07:52.080]  Whatever is your grounds for it, you are saying this is something you can't talk about.
[07:52.080 --> 07:56.680]  I once filed a motion in Lemony that I found in a court case.
[07:57.160 --> 08:01.960]  When I first started doing legal research, figuring this out, I went down and pulled
[08:01.960 --> 08:08.440]  a bunch of cases and just went through the cases and I found this 31-page motion in Lemony.
[08:08.440 --> 08:13.880]  And I'm in front of the judge going through all of the things I'm objecting to the prosecutor
[08:13.880 --> 08:21.320]  bringing up and the judge was PO'd, he wanted to go play golf and he had to sit down and
[08:21.320 --> 08:30.880]  go through this 31-page, going through all these things and denied, denied.
[08:30.880 --> 08:40.920]  Then I objected to the production of any transcript of any hypnotic interviews and the judge
[08:40.920 --> 08:44.840]  is furious, Mr. Calvin, will you hypnotize?
[08:44.840 --> 08:50.000]  Well, I don't know, Judge, you know how they make you forget that kind of stuff.
[08:50.000 --> 08:53.440]  Let's kill him, denied, denied.
[08:53.440 --> 08:56.560]  That was so much fun.
[08:56.560 --> 09:04.480]  Anyway, another motion in Lemony, if you don't have one, I've got one somewhere.
[09:04.480 --> 09:06.160]  This got everything in it.
[09:06.160 --> 09:13.400]  Yeah, so I think the place that fits is after you've got admissions, you've already put
[09:13.400 --> 09:17.920]  in some really killer statements that are going to just really make your case how it
[09:17.920 --> 09:19.640]  needs to be.
[09:19.640 --> 09:29.160]  And to sort of protect that evidence, you say...
[09:29.160 --> 09:35.840]  What this one did is it mentioned stuff that hadn't been brought up in the case, hadn't
[09:35.840 --> 09:41.720]  been considered in the case, but it seems like this was an experienced lawyer and he's
[09:41.720 --> 09:47.320]  had stuff being brought up that surprised him, that caught him kind of with his pants
[09:47.360 --> 09:53.720]  down that were really not proper, but he had to argue it in front of the court.
[09:53.720 --> 10:01.120]  So he took all the crappy stuff other lawyers did and he put it in this motion in Lemony
[10:01.120 --> 10:03.160]  and objected to it.
[10:03.160 --> 10:07.320]  Would you like to make more definite progress in your walk with God?
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[10:45.760 --> 10:58.520]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
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[11:11.760 --> 11:18.840]  The Bill of Rights contains the first 10 amendments of our Constitution.
[11:18.840 --> 11:22.280]  They guarantee the specific freedoms Americans should know and protect.
[11:22.280 --> 11:23.760]  Our liberty depends on it.
[11:23.760 --> 11:27.680]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[11:27.680 --> 11:30.560]  one of your constitutional rights.
[11:30.560 --> 11:32.120]  Privacy is under attack.
[11:32.120 --> 11:35.740]  When you give up data about yourself, you'll never get it back again.
[11:35.740 --> 11:40.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[11:40.520 --> 11:45.520]  So protect your rights, say no to surveillance, and keep your information to yourself.
[11:45.520 --> 11:48.280]  Privacy, it's worth hanging on to.
[11:48.280 --> 11:52.560]  This public service announcement is brought to you by Startpage.com, the private search
[11:52.560 --> 11:56.080]  engine alternative to Google, Yahoo, and Bing.
[11:56.080 --> 11:59.560]  Start over with Startpage.
[11:59.560 --> 12:01.880]  Imagine your mom and dad are getting ready for bed.
[12:01.880 --> 12:04.980]  They pull back the covers and find a third party there.
[12:04.980 --> 12:08.160]  He announces, I'm with the military and I'm sleeping here tonight.
[12:08.160 --> 12:12.320]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[12:12.320 --> 12:13.920]  was designed to prevent.
[12:13.920 --> 12:18.120]  It protects us from being forced to share our homes with soldiers, a common demand in
[12:18.120 --> 12:20.240]  the days of our founding fathers.
[12:20.240 --> 12:21.960]  Third party, Third Amendment?
[12:21.960 --> 12:22.960]  Get it?
[12:22.960 --> 12:26.440]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[12:26.440 --> 12:29.920]  to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[12:29.920 --> 12:34.560]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[12:38.160 --> 12:57.520]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[12:57.520 --> 13:00.520]  one of your constitutional rights.
[13:00.520 --> 13:02.100]  Privacy is under attack.
[13:02.100 --> 13:05.700]  When you give up data about yourself, you'll never get it back again.
[13:05.700 --> 13:10.460]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[13:10.460 --> 13:15.620]  So protect your rights, say no to surveillance, and keep your information to yourself.
[13:15.620 --> 13:18.220]  Privacy, it's worth hanging on to.
[13:18.220 --> 13:22.500]  This public service announcement is brought to you by Startpage.com, the private search
[13:22.500 --> 13:26.040]  engine alternative to Google, Yahoo, and Bing.
[13:26.040 --> 13:29.740]  Start over with Startpage.
[13:29.740 --> 13:35.100]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[13:35.100 --> 13:39.580]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[13:39.580 --> 13:41.060]  search and seizure.
[13:41.060 --> 13:42.060]  Fourth Amendment?
[13:42.060 --> 13:43.420]  Four eyes staring at you?
[13:43.420 --> 13:44.420]  Get it?
[13:44.420 --> 13:47.540]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[13:47.540 --> 13:48.540]  security.
[13:48.540 --> 13:53.060]  Case in point, TSA airport scanners that peer under your clothing.
[13:53.060 --> 13:57.080]  When government employees demand a peep at your privates without probable cause, I say
[13:57.080 --> 13:59.900]  it's time to sound the constitutional alarm bells.
[13:59.900 --> 14:04.180]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[14:04.260 --> 14:06.300]  eyes to take a gander at the Fourth.
[14:06.300 --> 14:08.300]  I'm Dr. Catherine Albrecht.
[14:08.300 --> 14:11.060]  More news and information at CatherineAlbrecht.com.
[14:35.180 --> 14:42.180]  I will lie by my father's house, till he returns.
[14:42.180 --> 14:46.180]  I will lie by my father's house.
[14:46.180 --> 14:50.180]  He has left me with the strength and wisdom.
[14:50.180 --> 14:53.180]  I will aid my concern.
[14:53.180 --> 14:57.180]  I will lie by my father's house.
[14:57.180 --> 15:04.180]  I will lie by my father's house, till I see his face.
[15:04.180 --> 15:05.180]  All right.
[15:05.180 --> 15:06.180]  We are back.
[15:06.180 --> 15:08.180]  This is the Rule of Law Radio, Randy Kelton.
[15:08.180 --> 15:10.180]  I'm Brett Fountain.
[15:10.180 --> 15:18.780]  On this Friday, the 20th of June, 2025, and we've been talking about evidence and focusing
[15:18.780 --> 15:21.780]  specifically on discovery.
[15:21.780 --> 15:26.940]  And now we've got one caller, Scott in Georgia.
[15:27.940 --> 15:33.940]  If anybody else wants to call in, it's 512-646-1984.
[15:33.940 --> 15:35.940]  Good evening, Scott.
[15:35.940 --> 15:37.940]  What's on your mind?
[15:37.940 --> 15:38.940]  Oh, not much.
[15:38.940 --> 15:39.940]  How y'all doing?
[15:39.940 --> 15:41.940]  Doing great.
[15:41.940 --> 15:45.940]  I guess I called in the correct night.
[15:45.940 --> 15:47.940]  Subject matters on evidence, huh?
[15:50.940 --> 15:52.940]  Well, what's on your mind?
[15:52.940 --> 15:55.940]  I mean, we can talk about evidence, but if you've got a question, something that you're
[15:55.940 --> 15:58.940]  dealing with, we'd be happy to look at it with you.
[15:58.940 --> 15:59.940]  Yeah.
[15:59.940 --> 16:00.940]  Yeah, that's what I'm calling in.
[16:00.940 --> 16:03.940]  I'm dealing with problems with getting evidence on the record.
[16:06.940 --> 16:09.940]  You know, evidence to prove my claims when I raise suits.
[16:09.940 --> 16:15.940]  And, you know, judges just downright obstruct, conceal relevant evidence.
[16:18.940 --> 16:23.940]  You know, that's a big problem with evidence getting embedded on a record in our courts.
[16:23.940 --> 16:24.940]  Yeah.
[16:24.940 --> 16:29.940]  Is this evidence, is this in a...
[16:29.940 --> 16:33.940]  So, I guess, are you familiar with the rules of evidence?
[16:33.940 --> 16:34.940]  Oh, yeah.
[16:34.940 --> 16:41.940]  The relevancy is it's a ministerial function that a judge has to admit, shall admit.
[16:41.940 --> 16:46.940]  And they're just completely refusing to perform their ministerial functions.
[16:46.940 --> 16:47.940]  All right.
[16:47.940 --> 16:48.940]  Wait a minute.
[16:48.940 --> 16:49.940]  This is kind of vague.
[16:49.940 --> 16:56.940]  Can you give us a brief synopsis of the nature of the case so we kind of understand context?
[16:56.940 --> 17:05.940]  Well, for once, it's a voter integrity suit.
[17:05.940 --> 17:15.940]  The ministerial function I'm speaking about is the Board of Registries in a county.
[17:15.940 --> 17:16.940]  What's that?
[17:19.940 --> 17:22.940]  So, you're saying voter integrity?
[17:22.940 --> 17:24.940]  Yeah, voter integrity suit.
[17:24.940 --> 17:25.940]  Okay.
[17:26.940 --> 17:29.940]  So, are you a plaintiff?
[17:30.940 --> 17:31.940]  What's that?
[17:32.940 --> 17:34.940]  Are you the plaintiff?
[17:35.940 --> 17:36.940]  Yes.
[17:37.940 --> 17:38.940]  Okay.
[17:38.940 --> 17:43.940]  Kind of give us an idea of what the voter integrity, what does that mean?
[17:43.940 --> 17:44.940]  The Board of Registries.
[17:44.940 --> 17:46.940]  And tell us who you're suing.
[17:47.940 --> 17:52.940]  The Board of Registries, a county Board of Registries.
[17:54.940 --> 17:55.940]  Okay.
[17:55.940 --> 17:59.940]  So, you're suing about irregularities in the voting process.
[17:59.940 --> 18:00.940]  Is that correct?
[18:00.940 --> 18:05.940]  Well, just downright, subversion of law was going on.
[18:05.940 --> 18:12.940]  Our general certification tickets, they're being certified under Canadian law.
[18:12.940 --> 18:15.940]  I mean, for all that.
[18:16.940 --> 18:17.940]  Wait a minute.
[18:17.940 --> 18:26.940]  You've got a Board of Certifications certifying elections under Canadian law?
[18:26.940 --> 18:27.940]  Yeah, yeah.
[18:27.940 --> 18:33.940]  You know, just take a precinct or precinct where you have a voter polling place where
[18:33.940 --> 18:35.940]  you go vote.
[18:36.940 --> 18:40.940]  Well, at the end of the night when they close the polls, they have voter, they have what
[18:40.940 --> 18:45.940]  they call poll officials that count the votes.
[18:45.940 --> 18:54.940]  Well, then after they count it, they certify a general certification receipt pops out and
[18:54.940 --> 18:57.940]  certify it under Canadian law.
[18:57.940 --> 19:00.940]  Well, how did they get to Canadian law?
[19:00.940 --> 19:01.940]  I know.
[19:01.940 --> 19:05.940]  That's what we're trying to figure out too.
[19:05.940 --> 19:06.940]  From Georgia.
[19:06.940 --> 19:07.940]  Wow.
[19:07.940 --> 19:12.940]  Georgia election code.
[19:12.940 --> 19:20.940]  But anyways, what I was getting at is the ministerial functions, what must be performed.
[19:20.940 --> 19:21.940]  That's a suitable offense.
[19:21.940 --> 19:27.940]  You know, that's pretty much a criminal offense when they breach their function, you know,
[19:27.940 --> 19:28.940]  their duties.
[19:28.940 --> 19:36.940]  So, you're saying there were specific statutory requirements and these officials failed to
[19:36.940 --> 19:41.940]  abide by those statutory requirements, things that they were commanded to do or commanded
[19:41.940 --> 19:44.940]  not to do.
[19:44.940 --> 19:49.940]  Do you have an official oppression or official misconduct statute in Georgia?
[19:49.940 --> 19:50.940]  No.
[19:50.940 --> 19:51.940]  Oh, yeah.
[19:51.940 --> 19:53.940]  That's what we'll go on after.
[19:53.940 --> 19:59.940]  Well, just as a quick little aside for the listeners, ministerial, for anybody who doesn't
[19:59.940 --> 20:07.940]  quite recognize and maybe not tracking with him about that, judges have, for the most
[20:07.940 --> 20:14.940]  part, they're doing judicial functions, or that tends to be the way that most people
[20:14.940 --> 20:15.940]  think of it.
[20:15.940 --> 20:19.940]  But they also have other duties that are not judicial in nature.
[20:19.940 --> 20:25.940]  They just have duties, things that have to be done, and the statute commands them to
[20:25.940 --> 20:26.940]  do it.
[20:26.940 --> 20:31.940]  And our legislature have decided that the judge must do thus and such.
[20:31.940 --> 20:36.060]  And it doesn't have to do with him trying to decide whether it should be done or not.
[20:36.060 --> 20:38.820]  That's judicial, and it's within a case.
[20:38.820 --> 20:42.940]  But here we have things that are his duty, and that's what he means ministerial.
[20:42.940 --> 20:50.940]  It's where the judge has no discretion, and most of them talk about 15.09.
[20:51.940 --> 20:56.940]  And when I read 15.09, that's what leaped out at me.
[20:56.940 --> 21:01.940]  15.09 says, when a complaint is forwarded to a magistrate in accordance with 15.08,
[21:01.940 --> 21:10.940]  and it's complete in accordance with 15.09, the magistrate shall forthwith issue a warrant.
[21:10.940 --> 21:17.940]  No wiggle room, no making a determination of probable cause, none of that stuff.
[21:17.940 --> 21:20.940]  He was commanded to do a specific thing.
[21:20.940 --> 21:23.940]  That is a ministerial duty.
[21:23.940 --> 21:25.940]  That's not a judicial act.
[21:25.940 --> 21:30.940]  And since it's ministerial, no immunity, zero.
[21:30.940 --> 21:37.940]  So, Scott, I have a question for you about going back to evidence and the admissibility
[21:37.940 --> 21:38.940]  of evidence.
[21:38.940 --> 21:44.940]  Is this thing that you're asking to have admitted and they're denying, they're not admitting
[21:44.940 --> 21:45.940]  it.
[21:45.940 --> 21:48.940]  Is that something for which you have given judicial notice?
[21:48.940 --> 21:55.940]  I basically filed a suit, commenced it, and put all the evidence right when I put it all
[21:55.940 --> 21:57.940]  on the record when I first filed.
[21:57.940 --> 22:00.940]  So, you know, there was no notice.
[22:00.940 --> 22:03.940]  The law suit was the notice.
[22:03.940 --> 22:04.940]  Okay.
[22:04.940 --> 22:09.940]  So what I mean by that is in the rules of evidence, there's a rule in Texas, it's 201,
[22:09.940 --> 22:12.940]  and I think in the Fed as well.
[22:12.940 --> 22:22.940]  But it says judicial notice, and you can give notice, and a judge is required.
[22:22.940 --> 22:25.940]  There's no ifs or deciding, discretion.
[22:25.940 --> 22:32.940]  It's, like you said, his ministerial duty to admit this into evidence once you give
[22:32.940 --> 22:41.940]  notice of it and ask that it be put into evidence, and you provide the evidence that you're
[22:41.940 --> 22:42.940]  asking to have admitted.
[22:42.940 --> 22:46.940]  Now, what this is, it doesn't apply to any kind of, just any evidence of anything that
[22:46.940 --> 22:47.940]  you want to state.
[22:47.940 --> 22:51.940]  This only goes to certain kinds of evidence.
[22:51.940 --> 22:59.940]  It's non-adjudicative facts, things that are not going to be decided or figured out if
[22:59.940 --> 23:00.940]  it's true or not.
[23:00.940 --> 23:07.940]  This is just things that, that's just the way it is, and everybody knows it.
[23:08.940 --> 23:17.940]  or the source of that information can't be reasonably questioned, such as the court clerk's
[23:17.940 --> 23:20.940]  official record of the court.
[23:20.940 --> 23:25.940]  Like, it says that on such and such date, the case was commenced.
[23:25.940 --> 23:31.940]  You can't go in there later and say that it started a year earlier.
[23:31.940 --> 23:37.940]  It is a matter of record that this is the date that the plaintiff came to the court
[23:37.940 --> 23:41.940]  and asked for the, sorry?
[23:41.940 --> 23:50.940]  It goes to two specific things, facts that are not in contention or that cannot be put
[23:50.940 --> 23:53.940]  in contention, and law.
[23:53.940 --> 23:58.940]  The court must take judicial notice of the law as it's put before the court.
[23:58.940 --> 24:03.940]  I've said on here a lot of times that a judge has two duties.
[24:03.940 --> 24:07.940]  He must determine the facts in accordance with the rules of evidence, then apply the
[24:07.940 --> 24:09.940]  laws that comes to him.
[24:09.940 --> 24:11.940]  As it comes to him.
[24:11.940 --> 24:12.940]  As it comes to him.
[24:12.940 --> 24:15.940]  So he can't go out and do the legal research himself.
[24:15.940 --> 24:17.940]  You've got to bring it to him.
[24:17.940 --> 24:22.940]  And when you bring it to him, you put it on the record and you can ask the judge to take
[24:22.940 --> 24:28.940]  judicial notice because if you're going to an issue where the judge is not going to
[24:28.940 --> 24:31.940]  want to rule in your favor.
[24:31.940 --> 24:33.940]  Exactly.
[24:33.940 --> 24:38.940]  But those facts on the record, you ask the court to take judicial notice because under
[24:38.940 --> 24:47.940]  Walker v. Packer, the federal courts have said, a judge has no discretion in properly
[24:48.940 --> 24:50.940]  applying the law to the facts.
[24:50.940 --> 24:54.940]  A failure to do so is an abuse of discretion.
[24:54.940 --> 25:00.940]  And the way I read the codes, if a public official abuses his discretion to my detriment,
[25:00.940 --> 25:05.940]  that's a crime in every state and in the Fed.
[25:05.940 --> 25:08.940]  I'll shut up now.
[25:08.940 --> 25:13.940]  Well, that's just why I was asking Scott if he had given judicial notice or requested
[25:13.940 --> 25:19.940]  that judicial notice be taken because then he's invoking rule 201, which is mandatory
[25:19.940 --> 25:26.940]  in nature and forces the judge to admit something into evidence that, like you said, he may
[25:26.940 --> 25:30.940]  or may not really want to.
[25:30.940 --> 25:36.940]  Yeah, I'm real careful with the evidence, but I love direct material evidence.
[25:36.940 --> 25:37.940]  There's no arguing against it.
[25:37.940 --> 25:40.940]  It's what we call adjudicated facts.
[25:40.940 --> 25:42.940]  And yeah, you're correct.
[25:42.940 --> 25:46.940]  The judge has no discretion.
[25:46.940 --> 25:50.940]  Go ahead.
[25:50.940 --> 25:57.940]  How have you found the courts in coming to these issues?
[25:57.940 --> 26:06.940]  There's been so much political upheaval about problems with the voting process.
[26:06.940 --> 26:09.940]  How are you finding the courts as they're addressing this?
[26:09.940 --> 26:14.940]  Are they taking it serious or do they seem to be biased one way or another?
[26:14.940 --> 26:18.940]  Oh, yeah, they're downright showing favoritism to the defendants.
[26:18.940 --> 26:21.940]  The defendants are government servants.
[26:21.940 --> 26:24.940]  So it's all bias.
[26:24.940 --> 26:29.940]  All these guys are pretty much bar association buddies.
[26:29.940 --> 26:31.940]  And they're showing favoritism.
[26:31.940 --> 26:37.940]  They're basically obstructing justice is what's happening, committing racketeering activities.
[26:37.940 --> 26:43.940]  Have you considered charging them with that?
[26:43.940 --> 26:48.940]  Well, that's what the suit is after.
[26:48.940 --> 26:56.940]  Say the first one I filed was against the election board, the Board of Registers.
[26:56.940 --> 27:02.940]  Well, once we convince the suit, and it's also against the governor and the secretary of state.
[27:03.940 --> 27:08.940]  But once we start to suit, the judge now starts obstructing.
[27:08.940 --> 27:13.940]  He fails to perform his ministerial functions, his duties.
[27:13.940 --> 27:28.940]  And he now starts entering into the criminality of the first defendants and now is becoming a defendant himself, along with the defendant's attorneys.
[27:28.940 --> 27:33.940]  Have you been...
[27:33.940 --> 27:37.940]  Say that again. I wasn't listening. I was talking. Say that again.
[27:37.940 --> 27:46.940]  Oh, okay. What I'm discovering is in the court documents, they're crafting fraudulent narratives.
[27:46.940 --> 27:52.940]  That does not match the facts in the case, the adjudicated facts, the provable facts.
[27:52.940 --> 27:57.940]  Oh, I wish I had a nickel for every time that happened.
[27:57.940 --> 27:59.940]  Right.
[27:59.940 --> 28:04.940]  Are you getting all of that documented on the record so you can handle it?
[28:04.940 --> 28:10.940]  Oh, yeah. It's all duly noted in each filing that we're filing.
[28:10.940 --> 28:12.940]  Hang on. We'll be right back.
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[29:01.940 --> 29:12.940]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[29:12.940 --> 29:17.940]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[31:19.940 --> 31:29.940]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Scott Georgia.
[31:29.940 --> 31:37.940]  Scott, this is an interesting topic because the way politics is going right now
[31:37.940 --> 31:46.940]  and the kind of scrutiny that has been put on the elections for the last two or three election terms,
[31:46.940 --> 31:50.940]  there's a lot of people interested in this subject matter.
[31:50.940 --> 32:01.940]  What was it that they were doing wrong and that you're complaining about?
[32:01.940 --> 32:11.940]  I presume when you say they that you're referring to when I claim the defendants or the Board of Registers.
[32:11.940 --> 32:13.940]  The defendants.
[32:13.940 --> 32:14.940]  Yes.
[32:14.940 --> 32:18.940]  Because one question that came to my mind while you were talking about this,
[32:18.940 --> 32:26.940]  and maybe that's why Randy is asking this, you said they were certifying according to Canadian law.
[32:26.940 --> 32:34.940]  And one question that popped up in my mind and maybe in the judge and the jury would think the same.
[32:34.940 --> 32:40.940]  They would say, well, just because something is codified in Canadian law
[32:40.940 --> 32:44.940]  doesn't mean that it's not a smart thing for everybody to do.
[32:44.940 --> 32:48.940]  And maybe two thirds of the countries around the world are doing this,
[32:48.940 --> 32:52.940]  but we just don't have it codified into law, but it's a good idea.
[32:52.940 --> 32:58.940]  So they do it. What's wrong with that? You know what I mean?
[32:58.940 --> 33:04.940]  Yeah. And my thought was, okay, they're doing this according to Canadian law.
[33:04.940 --> 33:12.940]  Does it in any way? Is it in any way at odds with Georgia law?
[33:12.940 --> 33:16.940]  Right. There you go.
[33:16.940 --> 33:23.940]  Absolutely. They're failing at their ministerial functions to properly follow the Georgia election code.
[33:23.940 --> 33:26.940]  That's what it's supposed to be certified under.
[33:26.940 --> 33:34.940]  And we're challenging that process and they're just absolutely refusing to perform their ministerial functions.
[33:34.940 --> 33:38.940]  Have you filed criminally against them?
[33:38.940 --> 33:44.940]  Yes, our suit is actually criminal and civil.
[33:44.940 --> 33:47.940]  Wait, in one suit?
[33:47.940 --> 33:54.940]  Yeah. Have you ever heard of a term called a key timer letter?
[33:54.940 --> 34:00.940]  I guess you'd say nowadays people know better as a whistleblower.
[34:00.940 --> 34:04.940]  Well, we have a process here in Georgia as a private...
[34:04.940 --> 34:07.940]  Wait a minute. Hold on. Step back.
[34:07.940 --> 34:14.940]  Is this filed as a whistleblower suit wherein you have inside information?
[34:14.940 --> 34:20.940]  Or is this filed as, say, a private attorney general suit?
[34:20.940 --> 34:26.940]  It would probably... We're approaching it two different ways.
[34:26.940 --> 34:30.940]  Pretty much in a private attorney way.
[34:30.940 --> 34:41.940]  But the way the statute is worded here in Georgia is just a private person can raise a suit against government agencies.
[34:41.940 --> 34:47.940]  Let me explain to everyone for those who don't know what a private attorney general suit is.
[34:47.940 --> 34:55.940]  There's a lot of mythology out there in the patriot movement about being a private attorney general.
[34:55.940 --> 34:57.940]  There is no such thing.
[34:57.940 --> 35:04.940]  Now, there is a suit that the courts have labeled a private attorney general suit.
[35:04.940 --> 35:09.940]  And they have allowed these kinds of suits.
[35:09.940 --> 35:17.940]  That's where something has occurred and it has affected a lot of people.
[35:17.940 --> 35:24.940]  But it would cost so much to adjudicate it that nobody will take it on.
[35:24.940 --> 35:31.940]  Like you get a traffic ticket and they're using some practice that's horribly illegal.
[35:31.940 --> 35:34.940]  But it's just a traffic ticket.
[35:34.940 --> 35:40.940]  I mean, why is it going to cost you 300 bucks? It costs you $50,000 to adjudicate this.
[35:40.940 --> 35:46.940]  So what the courts have said is they will allow what they call a private attorney general suit.
[35:46.940 --> 35:55.940]  And that's where you sue in your own behalf and on the behalf of all others similarly situated.
[35:55.940 --> 36:00.940]  It is on the order of a class action suit.
[36:00.940 --> 36:05.940]  But in a private attorney general suit, you don't have to certify a class.
[36:05.940 --> 36:10.940]  And the rest of the class does not have standing in the suit.
[36:10.940 --> 36:18.940]  With class action suits, the lawyers get all the money and the litigants get screwed.
[36:18.940 --> 36:29.940]  But a private attorney general suit, if the one who files the suit wins, he gets to keep the money.
[36:29.940 --> 36:35.940]  So that's what we were saying, that you're seeing that something's going wrong in the government.
[36:35.940 --> 36:39.940]  And that's why I was asking how you're suing them.
[36:39.940 --> 36:43.940]  Yeah, it's here in Georgia, it's called Relators.
[36:43.940 --> 36:54.940]  It's an old term. It's an old term, but yeah, it's an action, a right of action to proceed as a relator
[36:54.940 --> 36:59.940]  and a private person raising criminal charges.
[36:59.940 --> 37:08.940]  But also under Georgia constitutional, under the Constitution, this is Article 1, Section 1, Paragraph 12,
[37:08.940 --> 37:14.940]  I think it is, is a provision claiming the rights of court.
[37:14.940 --> 37:24.940]  And in that provision it said no person shall be deprived of prosecuting his own cause in any court in the state.
[37:24.940 --> 37:32.940]  So basically right there, you can move in your own person as a prosecutor.
[37:32.940 --> 37:36.940]  So we're proceeding in that manner as well.
[37:41.940 --> 37:50.940]  Am I getting this right? You're initiating a private prosecution where you're standing in the shoes of a prosecutor?
[37:51.940 --> 37:56.940]  Yeah, I mean, that's under the terms of the Constitutional provision.
[37:56.940 --> 38:02.940]  A person cannot be deprived of the right to prosecute his own cause.
[38:02.940 --> 38:06.940]  So that's basically stapling, you're a prosecutor in your own seat.
[38:06.940 --> 38:10.940]  You're prosecuting your issue, your cause.
[38:10.940 --> 38:14.940]  So I mean, you move in your own manner, in your own person.
[38:15.940 --> 38:21.940]  So this goes to something that has been in law for a long time.
[38:21.940 --> 38:28.940]  Before the institution of government prosecutors in the 1860s,
[38:28.940 --> 38:40.940]  before that time, if you had a crime committed against you, there was no state prosecutor to pick that up.
[38:40.940 --> 38:45.940]  You'd have to hire a lawyer and you would sue the person criminally.
[38:45.940 --> 38:48.940]  And the public had the power to do that.
[38:48.940 --> 39:01.940]  Anyone here remember Rooster Cogburn, the woman, the girl, the main character?
[39:01.940 --> 39:07.940]  She came to Arkansas to find this person who had killed her father
[39:08.940 --> 39:15.940]  because she had this lawyer dagget who was going to prosecute this guy
[39:15.940 --> 39:22.940]  for she was going to sue him in a criminal prosecution over killing her father.
[39:22.940 --> 39:27.940]  Probably if you didn't understand the law, most people missed what was going on there.
[39:27.940 --> 39:30.940]  That wasn't a civil suit, that was a criminal suit.
[39:30.940 --> 39:35.940]  Because it's time to wear no public prosecutors,
[39:35.940 --> 39:38.940]  so you had to hire your own attorney and do the prosecution yourself.
[39:38.940 --> 39:45.940]  After, I think it was 1863, when they instituted public prosecutors,
[39:45.940 --> 39:54.940]  then the citizen lost standing to sue for a crime against him,
[39:54.940 --> 39:58.940]  lost standing to sue for the crime itself.
[39:58.940 --> 40:04.940]  He could sue for the civil damages in the civil court, but he could not sue under criminal law.
[40:04.940 --> 40:07.940]  Does that make sense, Scott?
[40:07.940 --> 40:10.940]  Yes, absolutely.
[40:10.940 --> 40:16.940]  Georgia's got some old, ancient rights.
[40:16.940 --> 40:21.940]  I mean, it's a constitution like the one you were just talking about
[40:21.940 --> 40:25.940]  before state prosecutors were established.
[40:25.940 --> 40:28.940]  But see, we still have that right.
[40:28.940 --> 40:33.940]  And it's in our constitution, any rights prior, you don't lose rights.
[40:33.940 --> 40:36.940]  But they are obstructing it.
[40:36.940 --> 40:45.940]  And so, yeah, we're proceeding constitutionally on their breach of ministerial function.
[40:45.940 --> 40:49.940]  So that's crucial, and I think that's happened all across the country.
[40:49.940 --> 40:58.940]  What the board is being charged with, the ministerial function,
[40:58.940 --> 41:01.940]  is they refuse to clean the voter rolls.
[41:01.940 --> 41:11.940]  After, they use their discretion to vote in a 5-0 vote to strike some of these electors' names.
[41:11.940 --> 41:16.940]  A top cybersecurity expert has a warning for America.
[41:16.940 --> 41:20.940]  If you build an electrical smart grid, the hackers will come,
[41:20.940 --> 41:23.940]  and they could cause a catastrophic blackout.
[41:23.940 --> 41:27.940]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[41:27.940 --> 41:29.940]  Privacy is under attack.
[41:29.940 --> 41:33.940]  When you give up data about yourself, you'll never get it back again.
[41:33.940 --> 41:38.940]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[41:38.940 --> 41:43.940]  So protect your rights, say no to surveillance, and keep your information to yourself.
[41:43.940 --> 41:46.940]  Privacy, it's worth hanging on to.
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[42:01.940 --> 42:04.940]  going into your home, too, with a smart grid.
[42:04.940 --> 42:07.940]  So they're installing a national network of smart meters
[42:07.940 --> 42:11.940]  to remotely monitor electric use for efficiency and avoid grid failure.
[42:11.940 --> 42:15.940]  But cybersecurity expert David Chalk says not so fast.
[42:15.940 --> 42:18.940]  If we make the national power grid controllable through the web,
[42:18.940 --> 42:20.940]  hackers will have a field day.
[42:20.940 --> 42:24.940]  Working remotely, they could tap in and black out the entire nation,
[42:24.940 --> 42:27.940]  leaving us vulnerable to our enemies.
[42:27.940 --> 42:31.940]  I've long opposed smart meters for privacy and health reasons.
[42:31.940 --> 42:34.940]  The catastrophic failures caused by hackers?
[42:34.940 --> 42:36.940]  There's nothing smart about that.
[42:36.940 --> 42:39.940]  I'm Dr. Catherine Albrecht for StartPage.com,
[42:39.940 --> 42:43.940]  the world's most private search engine.
[42:43.940 --> 42:49.940]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[42:49.940 --> 42:51.940]  The government says that fire brought it down.
[42:51.940 --> 42:56.940]  Over 1,500 architects and engineers concluded it was a controlled demolition.
[42:56.940 --> 42:59.940]  Over 6,000 of my fellow service members have given their lives.
[42:59.940 --> 43:01.940]  Thousands of my fellow first responders are dying.
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[43:08.940 --> 43:11.940]  We're Americans, and we deserve the truth.
[43:11.940 --> 43:15.940]  Go to RememberBuilding7.org today.
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[43:18.940 --> 43:20.940]  In today's America, we live in an us-against-them society,
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[43:22.940 --> 43:25.940]  then we're going to have to stand and defend our own rights.
[43:25.940 --> 43:28.940]  Among those rights are the right to travel freely from place to place,
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[44:14.940 --> 44:17.940]  You are listening to the Logos Radio Network.
[44:17.940 --> 44:20.940]  Logosradionetwork.com.
[44:47.940 --> 44:49.940]  Logosradionetwork.com.
[45:17.940 --> 45:27.940]  Hey, Brett, you had a question.
[45:27.940 --> 45:33.940]  Yeah, well, Scott has been mentioning to us ministerial functions.
[45:33.940 --> 45:36.940]  They're not performing their ministerial functions.
[45:36.940 --> 45:39.940]  They're not performing their ministerial functions.
[45:39.940 --> 45:42.940]  Pursuing them for not performing their ministerial functions.
[45:42.940 --> 45:49.940]  And then he mentioned something about they needed to clean the list
[45:49.940 --> 45:52.940]  or refresh something before they did something else.
[45:52.940 --> 45:59.940]  And I'm hoping, just, you know, for Scott's sake,
[45:59.940 --> 46:04.940]  I'm hoping that the things being complained about
[46:04.940 --> 46:09.940]  or the challenged conduct really is ministerial in nature.
[46:10.940 --> 46:15.940]  And by that, I mean something that's codified into law that they're required to do.
[46:15.940 --> 46:20.940]  Because, I mean, they may be doing something unethical
[46:20.940 --> 46:24.940]  that's not exactly a ministerial function,
[46:24.940 --> 46:28.940]  or they may be doing something that's just stupid.
[46:28.940 --> 46:34.940]  But for it to be categorized as ministerial,
[46:35.940 --> 46:41.940]  it needs to have a law that straight up says what they're required to do
[46:41.940 --> 46:43.940]  and they're doing and they're not doing it.
[46:43.940 --> 46:50.940]  Or the law has to straight up forbid them from X, Y, Z,
[46:50.940 --> 46:54.940]  and guess what they're exactly doing is X, Y, Z that they're forbidden to do.
[46:54.940 --> 46:58.940]  That would be ministerial.
[46:59.940 --> 47:06.940]  So, is what they're doing ministerial doing or not doing?
[47:06.940 --> 47:12.940]  Yeah, that's what I'm getting at is I would like for Scott to speak to that.
[47:12.940 --> 47:16.940]  Just kind of clarify which are the things that,
[47:16.940 --> 47:20.940]  what is this challenged conduct specifically?
[47:22.940 --> 47:24.940]  Let me unmute you.
[47:24.940 --> 47:32.940]  There were some citizens that had found some areas where some voters were registered
[47:32.940 --> 47:35.940]  and claiming to have residency,
[47:35.940 --> 47:45.940]  but we discovered the evidence directly presents that nobody lives at these addresses.
[47:45.940 --> 47:52.940]  So, did they have a specific duty to check each one of these to ensure that?
[47:53.940 --> 47:58.940]  We checked them and gave them the evidence and they all voted.
[47:58.940 --> 48:00.940]  This is where they used their discretion.
[48:00.940 --> 48:07.940]  They all voted 5-0 to remove these names from the list of electors.
[48:07.940 --> 48:09.940]  That is their discretion.
[48:09.940 --> 48:18.940]  And then once they used their discretion to vote 5-0 to remove names,
[48:18.940 --> 48:27.940]  now there comes to a ministerial function, a ministerial duty to remove the names.
[48:27.940 --> 48:33.940]  Once they decide, yes, to remove the names, that statute says, shall remove the names.
[48:33.940 --> 48:36.940]  And they refuse to remove the names.
[48:36.940 --> 48:39.940]  So, they're in breach of their ministerial functions.
[48:39.940 --> 48:43.940]  So, they put on a show like they were doing something,
[48:43.940 --> 48:47.940]  but at the end of the day, it was just all for show.
[48:47.940 --> 48:48.940]  Correct.
[48:48.940 --> 48:54.940]  And then the Secretary of State, Raffensperger, he has a ministerial duty,
[48:54.940 --> 48:59.940]  ministerial function, shall maintain the voter rolls.
[48:59.940 --> 49:07.940]  And our direct evidence is proving because we filed, we challenged these voter names
[49:07.940 --> 49:13.940]  several times creating a repeating pattern showing that they refused to maintain the voter rolls.
[49:13.940 --> 49:20.940]  So, we got the Secretary of State and the voter registers in breach of their ministerial functions
[49:20.940 --> 49:24.940]  and under the Georgia Constitution.
[49:24.940 --> 49:29.940]  So, have you sued them in their individual capacity?
[49:29.940 --> 49:33.940]  What, did I say that again?
[49:33.940 --> 49:36.940]  Have you sued them in their individual capacities?
[49:36.940 --> 49:44.940]  Yes, we're going, the suit is also in their private, I'm suing them in their private and public capacity.
[49:44.940 --> 49:54.940]  Okay, that was going to be my next question because that creates a sort of a problem.
[49:54.940 --> 50:05.940]  Do they have a government paid lawyer who is defending them both in their civil and their private capacity?
[50:05.940 --> 50:07.940]  Yeah.
[50:07.940 --> 50:17.940]  Now, what does your Constitution say about providing extra emoluments to public officials
[50:17.940 --> 50:23.940]  outside the limits of their constitutional agreement?
[50:23.940 --> 50:29.940]  The reason I ask that question that way is Texas and several other states I've looked at
[50:29.940 --> 50:38.940]  have a constitutional provision that forbids the government from adding perks to public employees
[50:38.940 --> 50:44.940]  that are not in the contract that keeps them from buying them off with tax dollars
[50:44.940 --> 50:47.940]  to get them to do what they want them to do.
[50:47.940 --> 50:50.940]  And so, it's probably in your Constitution.
[50:50.940 --> 50:59.940]  So, if they're providing these officials with legal counsel defending them in their private capacity,
[50:59.940 --> 51:08.940]  that is a breach of the public trust, misappropriation of public funds,
[51:08.940 --> 51:19.940]  and any motions filed in their behalf by this lawyer in their individual capacity should be stricken.
[51:19.940 --> 51:27.940]  Second, as the lawyer has no standing to defend them in their individual capacity. Does that make sense?
[51:27.940 --> 51:36.940]  Oh, it makes perfect sense because these state defenders, Bar Association members,
[51:36.940 --> 51:43.940]  they're protecting their buddies at the Bar Association now, such as the judge.
[51:43.940 --> 51:50.940]  But they're working together, showing favoritism, and they're crafting a false narrative on top of that.
[51:50.940 --> 51:58.940]  What I was saying is you might go in and move the court to strike all the pleadings
[51:58.940 --> 52:07.940]  that address the public officials' acts that they perpetrated in their personal capacity
[52:07.940 --> 52:18.940]  because a state-funded lawyer cannot defend these guys in their individual capacity.
[52:18.940 --> 52:23.940]  That provides them with an extra benefit not included in their contract.
[52:23.940 --> 52:26.940]  Yeah, every other criminal in the world has to go get himself a lawyer.
[52:26.940 --> 52:35.940]  He can't just use the public one that the public is paying for. He has to go get his own lawyer.
[52:35.940 --> 52:38.940]  So Randy's drawing a distinction here. You've got both.
[52:38.940 --> 52:45.940]  You're doing public capacity in his official capacity and in his private individual capacity.
[52:45.940 --> 52:52.940]  He's drawing a distinction for you and saying you can cleave off this part of that and say,
[52:52.940 --> 52:59.940]  okay, look, it's fine for the lawyer to be dealing with your, you know,
[52:59.940 --> 53:03.940]  helping you to address these issues that are in your official capacity.
[53:03.940 --> 53:09.940]  But that lawyer may not address anything that's in your private capacity.
[53:09.940 --> 53:13.940]  You better go hire your own lawyer for that. Does that make sense?
[53:13.940 --> 53:23.940]  Oh, yeah, it does. That's one thing we're discussing over here is, you know, they're using taxpayer money.
[53:23.940 --> 53:27.940]  Yeah, to defend themselves from the crimes they've committed.
[53:27.940 --> 53:32.940]  Exactly. Correct. Correct. And yeah, we're discussing that over here.
[53:32.940 --> 53:41.940]  But yeah, Randy was saying that there's a provision potentially in the Constitution. I need to look further for that.
[53:41.940 --> 53:48.940]  In Texas, it's Article 5, Section 50, Section 49 through 53. It's very specific.
[53:48.940 --> 53:55.940]  And I saw it in Arizona and one other state. So it's pretty consistent.
[53:55.940 --> 54:01.940]  It is a consistent problem. Every state's going to have that same concern.
[54:01.940 --> 54:04.940]  So I'm going to bet it's addressed somewhere.
[54:16.940 --> 54:23.940]  All right. You said the Texas Constitution. Where's the provision at?
[54:23.940 --> 54:33.940]  Article 5, Section 50, 49 through 53. But the one I used specifically was 53.
[54:33.940 --> 54:37.940]  Okay, it said Article 5.
[54:43.940 --> 54:47.940]  I'm having a little trouble understanding here.
[54:47.940 --> 54:51.940]  Oh, he's just repeating as he writes it down.
[54:51.940 --> 54:56.940]  It says Article 5 and Section 53. Yes.
[54:56.940 --> 54:58.940]  Well, we are just about to go to our sponsors.
[54:58.940 --> 55:06.940]  If anybody else wants to get in the caller queue for the last segment, it's 512-646-1984.
[55:06.940 --> 55:11.940]  512-646-1984. We'll be right back.
[55:21.940 --> 55:27.940]  If you are an employee, you also will get a pay raise by paying less than FICA tax.
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[56:04.940 --> 56:12.940]  Call Scott at 214-730-2471 or DallasMMS.com.
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[57:41.940 --> 58:10.940]  The people come down from the hills
[58:10.940 --> 58:15.940]  into the city, they will shuffle.
[58:15.940 --> 58:17.940]  Okay, we were back.
[58:17.940 --> 58:23.940]  Randy Felton, Brett Felton knew what it is, and we're talking to Scott in Georgia.
[58:23.940 --> 58:30.940]  So Scott, how long have you been, has this case been going on?
[58:30.940 --> 58:41.940]  We filed, our statutory law here states that if you use the USPS Postal Service,
[58:41.940 --> 58:45.940]  the date stamped on the mailing package is considered filed.
[58:45.940 --> 58:50.940]  So we filed November 5th, 2024 on the election day.
[58:50.940 --> 58:56.940]  Oh, so this has been a while, so you didn't get thrown out on the front end.
[58:56.940 --> 59:01.940]  No, they have obstructed it thus far, yes.
[59:01.940 --> 59:05.940]  So it sounds like you're making some headway.
[59:05.940 --> 59:14.940]  Well, they've crafted a front of a narrative, raised the issue of the petition doesn't state a claim
[59:14.940 --> 59:20.940]  for which relief can be granted, and it's a highly fraudulent claim,
[59:20.940 --> 59:24.940]  because we've got direct evidence proving all this.
[59:24.940 --> 59:26.940]  That's a rule of 12.
[59:26.940 --> 59:28.940]  Do you have the rule?
[59:28.940 --> 59:35.940]  Well, I guess the failure to state a claim, everybody is always going to make that argument.
[59:35.940 --> 59:37.940]  I know, Craig.
[59:37.940 --> 59:38.940]  That's just knee-jerk.
[59:38.940 --> 59:44.940]  But they're just absolutely refusing to acknowledge our oppositions and our direct evidence.
[59:44.940 --> 59:49.940]  So what we're doing, we've just filed our notice to appeal, notice of appeal,
[59:49.940 --> 59:55.940]  and we're fixing to take the issue all the way to the Supreme Court.
[59:55.940 --> 59:58.940]  Good.
[59:58.940 --> 01:00:04.940]  Yeah, because the judge, he has a ministerial function to admit relevant evidence.
[01:00:04.940 --> 01:00:08.940]  Write down Walker v. Packer.
[01:00:08.940 --> 01:00:15.940]  It is a Fifth Circuit case, but you're likely to find something in your circuit.
[01:00:15.940 --> 01:00:17.940]  What circuit are you in?
[01:00:17.940 --> 01:00:18.940]  Federal, sir.
[01:00:18.940 --> 01:00:19.940]  11th.
[01:00:19.940 --> 01:00:22.940]  The federal is in the 11th district.
[01:00:22.940 --> 01:00:23.940]  Okay.
[01:00:23.940 --> 01:00:29.940]  You might find something similar, because it's so reasonable.
[01:00:29.940 --> 01:00:38.940]  And Walker v. Packer says, a judge has no discretion in properly applying the law to the facts.
[01:00:38.940 --> 01:00:42.940]  A failure to do so is an abuse of discretion.
[01:00:42.940 --> 01:00:46.940]  Correct.
[01:00:46.940 --> 01:00:48.940]  Did you say Walker v. Packer?
[01:00:48.940 --> 01:00:50.940]  Yes.
[01:00:50.940 --> 01:01:01.940]  Okay.
[01:01:01.940 --> 01:01:05.940]  That should give you something to hammer the judge with.
[01:01:05.940 --> 01:01:07.940]  Oh, yeah.
[01:01:07.940 --> 01:01:12.940]  Yeah, but we've already put it to them in the documents.
[01:01:12.940 --> 01:01:17.940]  You know, it's just, they're not, they're just refusing to perform it.
[01:01:17.940 --> 01:01:25.940]  And I guess they're hoping their bodies on the Bar Association at the Supreme Court is going to protect them as well, so we'll see.
[01:01:25.940 --> 01:01:43.940]  Well, we're basically expecting that, and so we're building the record to raise criminal suit, you know, the suits in federal court, so.
[01:01:43.940 --> 01:01:44.940]  Well, good.
[01:01:44.940 --> 01:01:48.940]  Make sure you keep us up to speed on how this goes along.
[01:01:48.940 --> 01:01:55.940]  And Debra mentioned on the break that you might want to talk to Laura Presley.
[01:01:55.940 --> 01:01:58.940]  If you will send me an email.
[01:01:58.940 --> 01:02:15.940]  And she took on Texas over the voting machines, claiming that all the votes should be counted, paper ballots counted in public view.
[01:02:15.940 --> 01:02:22.940]  And she made a lot of headway.
[01:02:22.940 --> 01:02:24.940]  Great.
[01:02:24.940 --> 01:02:27.940]  So you might want to talk to Laura.
[01:02:27.940 --> 01:02:28.940]  Right on. Okay.
[01:02:28.940 --> 01:02:30.940]  He said Laura Presley.
[01:02:30.940 --> 01:02:33.940]  Laura Presley.
[01:02:33.940 --> 01:02:41.940]  Send me an email and ask for an introduction and I'll get ahold of Laura and forward this to her.
[01:02:41.940 --> 01:02:42.940]  All right.
[01:02:42.940 --> 01:02:53.940]  I never give out personal contact information, but this is the way I do it, so everybody's happy.
[01:02:53.940 --> 01:02:58.940]  Yeah, of course.
[01:02:58.940 --> 01:03:05.940]  Okay, so where are you at in the process?
[01:03:05.940 --> 01:03:12.940]  The process, like I said, the notice of appeal.
[01:03:12.940 --> 01:03:15.940]  Oh, okay. So they've ruled against you and now you're appealing. Okay.
[01:03:15.940 --> 01:03:20.940]  Yeah, they've just ignored our claims, our direct evidence.
[01:03:20.940 --> 01:03:23.940]  They're obstructing everything.
[01:03:23.940 --> 01:03:36.940]  And basically have crafted a fraudulent narrative that their narrative in court documents does not match the facts at all.
[01:03:36.940 --> 01:03:42.940]  Wow. Have you charged aggravated perjury?
[01:03:42.940 --> 01:03:47.940]  Well, yeah, I mean, it's getting to that point.
[01:03:47.940 --> 01:03:52.940]  So, yeah, because the loyalties and all, yeah, we've pulled all the loyalties.
[01:03:52.940 --> 01:03:59.940]  Like I said, we're building the federal case.
[01:03:59.940 --> 01:04:09.940]  This is one thing people seldom do, is when criminals act like criminals, they tend not to take them on criminally.
[01:04:09.940 --> 01:04:13.940]  Yeah.
[01:04:13.940 --> 01:04:19.940]  They shrug their shoulders, they roll their eyes, and they say, look at what the world's coming to you.
[01:04:19.940 --> 01:04:26.940]  But they won't sit down and write up the documents that's necessary to hold our officials accountable.
[01:04:26.940 --> 01:04:30.940]  Correct.
[01:04:30.940 --> 01:04:32.940]  I'm glad you're doing that.
[01:04:32.940 --> 01:04:36.940]  Have you approached a grand jury at all?
[01:04:36.940 --> 01:04:44.940]  I mean, that's one thing, that's my right, that I love trying to exercise in the courts, and they just keep on obstructing.
[01:04:44.940 --> 01:04:47.940]  Okay. Did you hear the beginning of the show?
[01:04:47.940 --> 01:04:56.940]  No, I did not. By the time I popped up on the phone board or whatever it's called, that's about the time I tuned in.
[01:04:56.940 --> 01:04:58.940]  Okay.
[01:04:58.940 --> 01:05:05.940]  Right before that, we were talking about discovery and getting the evidence that you need together.
[01:05:05.940 --> 01:05:13.940]  What I was thinking about was yesterday, I was talking about grand juries.
[01:05:13.940 --> 01:05:24.940]  What is the only functional difference between a democracy and a republic?
[01:05:24.940 --> 01:05:26.940]  There's only one thing that I can find.
[01:05:26.940 --> 01:05:31.940]  I guess the mob rule is in a democracy.
[01:05:31.940 --> 01:05:37.940]  Democracy and a republic, the only difference I can find are grand juries.
[01:05:37.940 --> 01:05:48.940]  In a republic, it is the duty and authority of the citizens to maintain the governmental instruments they have created.
[01:05:48.940 --> 01:05:58.940]  The only way we have of maintaining and controlling those governmental interests is grand juries.
[01:05:58.940 --> 01:06:02.940]  They were the genius of our founders.
[01:06:02.940 --> 01:06:16.940]  George Washington spoke to democracies and said they tend to live only 200 years and are as violent in their demise as they are in their inception.
[01:06:16.940 --> 01:06:21.940]  Our founders hated democracies. They knew it was a horrible form of government.
[01:06:21.940 --> 01:06:24.940]  They did not intend to create a democracy.
[01:06:24.940 --> 01:06:37.940]  They intended to create a republic, and the only difference between a democracy and a republic is the ability of the citizens to hold his public officials to task.
[01:06:37.940 --> 01:06:42.940]  We should be going to the grand jury at the drop of a hat.
[01:06:43.940 --> 01:06:52.940]  Oh yeah, that was our first thing that we were demanding right in the cap. Demand trial by jury, and we got a statutory law.
[01:06:52.940 --> 01:06:55.940]  No, no, no, that's not what I'm talking about.
[01:06:55.940 --> 01:06:58.940]  Yeah, both are good things, but they're not the same.
[01:06:58.940 --> 01:07:01.940]  That's a pettit jury.
[01:07:01.940 --> 01:07:03.940]  I'm talking about a grand jury.
[01:07:03.940 --> 01:07:08.940]  We're demanding grand jury. Yeah, I mean, we're demanding to speak to the grand jury.
[01:07:09.940 --> 01:07:18.940]  We don't care. When I'm going after grand juries, I don't really care so much if I actually get to the grand jury or not.
[01:07:18.940 --> 01:07:31.940]  But when I go down there jumping up and down and stomping all over the courthouse, demanding access to the grand jury, it scares the bejesus out of everybody.
[01:07:31.940 --> 01:07:38.940]  I walked into my district attorney's office, and I'd known him for a long time, and he's sitting with his head in his hand.
[01:07:38.940 --> 01:07:40.940]  And I said, what's the matter, Greg?
[01:07:40.940 --> 01:07:52.940]  And he looked up at me with this forlorn look on his face, and he said, those darn grand jurors, you never know what they're going to do.
[01:07:52.940 --> 01:07:59.940]  And I stepped back, held up both hands and looked up at the ceiling and said, there is a God.
[01:07:59.940 --> 01:08:04.940]  I could not have heard anything better.
[01:08:04.940 --> 01:08:11.940]  This nonsense that prosecutors have grand juries under their thumb, that is horse manure.
[01:08:11.940 --> 01:08:14.940]  They never know what a grand jury is going to do.
[01:08:14.940 --> 01:08:17.940]  I looked through the records in Travis County.
[01:08:17.940 --> 01:08:24.940]  They have grand juries every day because they got five of them.
[01:08:24.940 --> 01:08:27.940]  And so they got lots of indictments.
[01:08:27.940 --> 01:08:32.940]  So I started looking through all of the minutes of the grand jury.
[01:08:32.940 --> 01:08:40.940]  And in every single one, there were no bills, some five or six no bills.
[01:08:40.940 --> 01:08:43.940]  So these grand jurors are paying attention.
[01:08:43.940 --> 01:08:53.940]  And if you're a public official and somebody's trying to get you before grand jury, man, I presented the district attorney for Johnson County to the grand jury myself.
[01:08:53.940 --> 01:08:55.940]  And oh, he was not happy.
[01:08:55.940 --> 01:09:03.940]  If you go to Johnson County, Texas now, file a complaint against a public official, it's going straight to the grand jury.
[01:09:03.940 --> 01:09:08.940]  He's not screwing with it because I almost got it.
[01:09:08.940 --> 01:09:11.940]  Got his attention.
[01:09:11.940 --> 01:09:13.940]  Wait, say that again.
[01:09:13.940 --> 01:09:15.940]  That's what we filed was a presentment.
[01:09:15.940 --> 01:09:16.940]  No, no, no, no.
[01:09:16.940 --> 01:09:18.940]  You can't file a presentment.
[01:09:18.940 --> 01:09:20.940]  Hold on.
[01:09:21.940 --> 01:09:28.940]  Only a prosecuting attorney can file a presentment with a grand jury.
[01:09:28.940 --> 01:09:32.940]  You give notice of crime to the grand jury.
[01:09:32.940 --> 01:09:34.940]  Well, maybe in Georgia.
[01:09:34.940 --> 01:09:36.940]  I don't know.
[01:09:36.940 --> 01:09:37.940]  You could be right.
[01:09:37.940 --> 01:09:39.940]  Georgia could be different.
[01:09:39.940 --> 01:09:42.940]  Yeah, we are out of time.
[01:09:43.940 --> 01:09:48.940]  Randy Kelton, Brat Fountain, Wheel of Law Radio on this.
[01:09:48.940 --> 01:09:52.940]  This is our Friday, the 20th of June show.
[01:09:52.940 --> 01:09:54.940]  Thank you all for listening.
[01:09:54.940 --> 01:09:56.940]  We'll be back next week.
[01:09:56.940 --> 01:09:58.940]  Good night.