[00:00.000 --> 00:06.740]  The following news flashes brought to you by the Lone Star Lowdown.
[00:06.740 --> 00:13.040]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.040 --> 00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.360 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.960 --> 00:41.280]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.280 --> 00:52.320]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.320 --> 00:57.800]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.800 --> 01:04.800]  10 and entering 40.
[01:04.800 --> 01:05.800]  And recent news.
[01:05.800 --> 01:10.440]  Since Governor Greg Abbott signed House Bill 1325 legalizing Hempon to tax his law back
[01:10.440 --> 01:15.000]  in June, county prosecutors around the state including Houston, Austin, and San Antonio
[01:15.000 --> 01:19.120]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.120 --> 01:23.240]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.240 --> 01:27.800]  order for THC. Margaret Moore, the Travis County District Attorney, announced earlier
[01:27.800 --> 01:32.520]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.520 --> 01:33.520]  because of the law.
[01:33.520 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.600]  was other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat who
[01:54.600 --> 01:59.720]  also stated earlier this month that the law, quote, will not have an effect on the prosecution
[01:59.720 --> 02:01.800]  of marijuana cases in El Paso.
[02:01.800 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.500]  Pacific Ocean.
[02:39.500 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:18.960]  clove.
[03:18.960 --> 03:47.680]  Good evening, this is the rule of law radio, Randy Kelton, I'm Brad Fountain, and this
[03:47.680 --> 03:54.960]  is Friday the 30th of July 2021. We're live tonight, if you're hearing that on this day.
[03:56.480 --> 04:03.200]  Randy is not with us this evening, actually he may be, but he's doing a lot of coughing. He might
[04:03.200 --> 04:10.320]  unmute himself at some point, but he did want me to mention the seminar that we're doing. We're
[04:10.320 --> 04:15.120]  going to be about a month from now, Saturday the 28th of August. We will be in Austin
[04:15.120 --> 04:24.800]  and we'll be doing a seminar on some of these law issues. We've got some votes that have been coming
[04:24.800 --> 04:30.080]  in. I put out a few feelers to see what are some things that people would really like to talk about
[04:31.120 --> 04:36.640]  and go and take a look at what we've got collected while I turn on the phone lines here.
[04:36.640 --> 04:47.440]  The phone lines are on and that caller line is 512-646-1984. So feel free to go ahead and call
[04:47.440 --> 04:54.560]  in if you've got a question, comment, got some law issues going on that you need some help with.
[04:57.280 --> 05:03.520]  Just to take a look here, it looks like this was very much more polarized than the voting
[05:03.520 --> 05:10.960]  we got last night. Looks like there's a lot of people interested in complaints in self-defense
[05:12.880 --> 05:20.000]  and nobody is interested in discovery tonight, but they sure were last night. We didn't really
[05:20.000 --> 05:26.480]  get much into discovery. We talked about admissions, but the most popular is affidavits and notices
[05:27.520 --> 05:33.360]  and complaints right behind that, which is kind of surprising because affidavits and notices
[05:33.360 --> 05:40.160]  is something that in this telegram group where I put the poll out, that's kind of the main thing
[05:40.160 --> 05:45.680]  everybody's always talking about. It's a little surprising to me that there's so much interest
[05:45.680 --> 05:52.480]  in affidavits and notices when that's talked about all the time. However, let's talk about that.
[05:52.480 --> 06:00.160]  Affidavits, we touched on it a little bit yesterday in the evening. Affidavits don't really do anything
[06:00.160 --> 06:07.280]  on their own, and it's a good thing to notice that when you want something to happen,
[06:08.240 --> 06:12.240]  you do want to put an affidavit out there because it's a very powerful document.
[06:12.240 --> 06:22.000]  It just doesn't act on its own. It is a statement of fact. It is something where you,
[06:22.000 --> 06:27.680]  as a man or a woman, first-hand evidence, you know, first-hand knowledge, this is the strongest.
[06:27.680 --> 06:33.360]  It's known as best evidence. Somebody has first-hand personal knowledge of something
[06:33.920 --> 06:38.560]  and they declare it in writing. You go ahead and sign your name to the bottom of it and you say,
[06:38.560 --> 06:42.560]  this is absolutely the truth. I know it to be the fact. This is the facts right here.
[06:43.920 --> 06:51.440]  And you might be doing this in two different ways. You can assert something is true or you
[06:51.440 --> 06:57.120]  can deny something. If there's something that's false and you need to deny it, then that also
[06:57.120 --> 07:03.680]  can go into your affidavit. But the affidavit in itself doesn't actually cause any
[07:04.560 --> 07:10.480]  action or any movement to happen. It's just a very solid statement of what's true.
[07:12.240 --> 07:18.800]  So once that affidavit is out there and it's in the record, then you could do things with it.
[07:18.800 --> 07:25.840]  You can reference it. You can use a judicial notice. And this is in the context of a court case,
[07:25.840 --> 07:31.760]  right? So they're different contexts. But let's say you're in a situation where you've got a court
[07:31.760 --> 07:40.880]  case going on and you need to make a statement, a clear, unrebuttable statement. This is the
[07:40.880 --> 07:46.560]  absolute truth. And then you can go from there. You can reference it with a judicial notice and
[07:46.560 --> 07:52.080]  highlight that. That's what a judicial notice does is it draws the attention of the court to
[07:52.080 --> 07:59.440]  something that's true. The kind of thing that's true may be something that only you knew,
[08:00.720 --> 08:06.080]  like maybe the number of your offspring, and you're going to go ahead and make that statement
[08:06.080 --> 08:12.320]  because you know that firsthand knowledge, or it might be something that the court could figure out
[08:13.200 --> 08:19.200]  like there actually was no hearing on such and such today. And you're going to go ahead and
[08:19.200 --> 08:27.200]  draw that fact to the court's attention. Hey, the opponent is acting like they already supplied,
[08:27.200 --> 08:37.840]  like Tina called and was talking about. The opponent in court had pretended like they were
[08:37.840 --> 08:45.440]  supplying something and then they didn't supply it. And then later they're saying, oh, well,
[08:45.440 --> 08:52.480]  we never really intended to do that. You should have known it. Well, that's right for some affidavit
[08:52.480 --> 08:59.200]  right there. So I'm sure that's what Tina did. I didn't really, I don't recall, but she would have
[08:59.200 --> 09:05.360]  announced in an affidavit, here's the truth. And then she would have used a judicial notice to
[09:05.360 --> 09:14.080]  reference that. You can also use a motion to reference that. And the motion is what everybody
[09:14.080 --> 09:22.160]  uses to move the court to do something. So let's, our caller board seems to have filled up really
[09:22.160 --> 09:28.560]  quickly. I just looked at that. So let's go ahead and go to callers. We've got Chris from Colorado.
[09:29.280 --> 09:35.840]  Good evening, Chris. Hey, Brett. I think I get in first, but holy moly. Yes, sir.
[09:35.840 --> 09:43.760]  You're the first one. What's on your mind? Well, I just had hopefully a couple quick ones. So
[09:45.120 --> 09:50.480]  my suits in federal court, the judge gave me a deadline. I did an extension on the motion. I
[09:50.480 --> 09:55.840]  actually was able to serve one of the parties the day after my deadline. So I think I'll be good.
[09:55.840 --> 10:02.720]  But what's interesting is I serve the tow company. I haven't served anybody else, but I got a call
[10:02.720 --> 10:10.400]  from a lawyer from the insurance company for that tow company the same day, left a message asking
[10:10.400 --> 10:15.680]  if he could have an extension to file a response. It was really bizarre. I mean, he knows he has
[10:15.680 --> 10:22.880]  plenty of time. He's got 21 days. So I'm wondering. Yeah, I'm wondering. What's an extension?
[10:24.720 --> 10:30.880]  Yeah. He thinks, and it was just strange because he thinks that maybe the deadline was the
[10:30.880 --> 10:36.400]  26th, but he got served the day before, after, and he never even got served. So I don't know why
[10:36.400 --> 10:41.200]  he's even calling me. Maybe he's calling to feel me out. Just curious what you may think about.
[10:41.200 --> 10:44.880]  I'm not worried about it, but that was just kind of one of my quick questions.
[10:47.040 --> 10:49.200]  To see what do I think he is thinking?
[10:50.400 --> 10:54.560]  Well, yeah, I'm not going to call him back. I have no reason to. I haven't served him
[10:54.560 --> 11:00.480]  business with them. I'm taking your approach. It's just nothing, but I want to be cordial
[11:00.480 --> 11:04.800]  in play. But I also, I'm also going to, you know, I'm going to give it as best a shot I can.
[11:04.800 --> 11:07.280]  You know, I'm going to be cordial in play and I'm going to run into the system.
[11:08.160 --> 11:10.560]  But you didn't serve this to him. Who did you serve it to?
[11:11.680 --> 11:15.120]  I served it to the registered agent of the Excel, of the tow company.
[11:16.320 --> 11:16.560]  Okay.
[11:17.520 --> 11:21.600]  Yeah. We had to track her down because she actually filed a false address with the
[11:21.600 --> 11:27.760]  secretary of state. I'm going to bar griever for that. But we, I got a service agent to find her
[11:27.760 --> 11:30.480]  at her home and they delivered it to her. I think six thirty in the morning.
[11:31.760 --> 11:32.320]  Beautiful.
[11:33.280 --> 11:36.800]  Yeah. So we're, I'm sure that surprised her.
[11:38.160 --> 11:42.240]  Yeah, I did. And it's funny. Got all the way to the insurance company just a couple of hours. So,
[11:42.240 --> 11:49.360]  yeah. So how did the insurance company, they just called you up out of the blue?
[11:49.360 --> 11:50.800]  Or they sent you a letter or what?
[11:51.840 --> 11:54.960]  No, he left a message on my phone. I was working and I came back and there's a
[11:54.960 --> 12:00.640]  message on my phone. Yeah. Wow. It definitely sounds like you hit a nerve.
[12:01.360 --> 12:07.680]  And I'm sure that service method ended up being a surprise enough for the registered agent.
[12:07.680 --> 12:09.520]  I'm sure she doesn't have that happen all the time.
[12:10.800 --> 12:18.480]  No, no. So I guess actually we're more specific, Brett. One of my, what's next? Because I know
[12:18.480 --> 12:23.840]  there's some procedure. Do I read the litigation guy to find that answer? How do I know how to
[12:23.840 --> 12:27.280]  start proceeding? Are they going to make a case management? Is the judge going to make a case
[12:27.280 --> 12:30.240]  management? I have to follow that. Or do I have to make this all myself?
[12:31.120 --> 12:37.520]  You didn't experience that. I don't really do. Okay. Okay. Yeah. I'm not, I'm not, I don't have a
[12:37.520 --> 12:43.360]  lot of experience with lawsuits. And so I couldn't really tell you what the next stage is going to
[12:43.360 --> 12:51.200]  look like. You know. All right. That's okay. I got time. We can do that another night. Maybe
[12:51.200 --> 12:56.320]  when Randy gets back or whatever. That's no big deal. The other one was,
[12:59.280 --> 13:02.800]  I'll pose this other question later. I had an interesting thing. I've been calling insurance
[13:02.800 --> 13:10.560]  companies who insure commercial and I've been posing this question. I'm a company and I went
[13:10.560 --> 13:15.920]  on to the commercial insurance, but I'm going to do it illegally. Would you be okay with insuring me?
[13:15.920 --> 13:24.160]  And you can imagine what the response is, right? Of course, they're not going to want to.
[13:25.200 --> 13:33.600]  Yeah. So I pose question number two. Okay. So I'm a company and I basically got you to insure me
[13:33.600 --> 13:37.680]  and then you found out that I was acting illegally. Are you going to continue to insure me?
[13:38.880 --> 13:42.160]  And they start hymning and hawing right about that point. And I'm like,
[13:42.160 --> 13:49.360]  what's the difference in order? Right? Yeah. So I'm trying to find an answer to that and I cannot
[13:49.360 --> 13:53.600]  get any regulatory body to figure that out, but that was the other technical question.
[13:55.280 --> 13:59.760]  Who do I get? Because I can't get anybody to jump on that. They start hiding behind
[13:59.760 --> 14:05.840]  procedure and stuff like that. Well, I'll tell you what that sounds to me like and I don't know
[14:05.840 --> 14:15.120]  if there's something like this in insurance law, but it reminds me of the rules that an
[14:15.120 --> 14:20.880]  attorney has to follow, these rules of professional conduct. And one of the rules says that if his
[14:20.880 --> 14:26.400]  client is doing some kind of crime, some fraud, he shouldn't take that client on.
[14:26.400 --> 14:38.240]  He should just decline representation. So there's another rule that says if he finds
[14:38.240 --> 14:44.320]  out about some crime or fraud that the client does, then he needs to drop that client.
[14:46.560 --> 14:52.240]  And there's another one that he has. He has another option to, I think it might even be
[14:52.240 --> 15:00.000]  in between these two, he has a duty to make a reasonable effort to dissuade his client
[15:00.720 --> 15:08.960]  from carrying out these criminal and fraudulent actions. So there's three different ways that
[15:08.960 --> 15:16.000]  you can bar grieve an attorney who's in the middle of a situation like that because he took on the
[15:16.000 --> 15:22.640]  client, he didn't dissuade the client, and he didn't drop the client. And I wonder if there's
[15:22.640 --> 15:26.800]  maybe something like that that's happening in parallel in your insurance world there.
[15:27.920 --> 15:33.920]  I bet there is. And not only that, even if I don't find it exactly, I can do this exactly
[15:33.920 --> 15:37.840]  to the insurance, to the lawyers who are representing the insurance company and the tote
[15:37.840 --> 15:47.120]  company. There you go. Exactly. Brett, you're almost hitting on racketeering there. That's a
[15:47.120 --> 15:55.760]  big one for me to take on, but you're almost hitting on racketeering there. Yep. There's a
[15:55.760 --> 16:01.520]  lawsuit that I'm working on right now, my own situation there. You might have heard something
[16:01.520 --> 16:07.760]  about that Wood County that I've been dealing with for a while. And so I'm working on a lawsuit
[16:07.760 --> 16:19.840]  right now, and it is racketeering. It's the 42 U.S. Code 1983 and RICO, kind of rolling those
[16:19.840 --> 16:27.200]  together. I don't want to try to teach anything about it yet because I'm just really wet behind
[16:27.200 --> 16:33.600]  the ears. This is my first one. So I'll be able to share some more about that. And racketeering
[16:33.600 --> 16:41.920]  is definitely a problem that a lot of people are running into. Okay. Well, thanks, man,
[16:41.920 --> 16:47.440]  for your time. I won't keep you. Guys are doing great. You're doing great. So, all right, much
[16:47.440 --> 16:53.520]  good time. Thanks for another night. Well, thanks for calling in. All right. So after we come back
[16:53.520 --> 16:58.320]  from our sponsors here, we will go and continue talking to somebody else. We will be right back.
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[19:26.480 --> 19:36.960]  All right, we are back. This is the Rule of Law Radio, Randy Kelton. I'm Brett Fountain
[19:37.840 --> 19:48.000]  and we are going to our next caller this evening. We've got Scott in Michigan. Good evening, Scott.
[19:48.000 --> 19:56.000]  What's on your mind? Hey, Brett, how's it going? Going well. Glad to hear it. I'm glad the caller
[19:56.000 --> 20:00.320]  board filled up, but when I heard you were running solo, I thought I'd better call in and make sure
[20:00.320 --> 20:08.400]  it didn't leave you hanging. All right, well, thank you. Interesting thing you were saying about
[20:09.440 --> 20:16.000]  all the different ways you can sting attorneys in that situation. I'm wondering if a similar
[20:16.000 --> 20:23.440]  thing would be possible, say with the unemployment agency. They must have some legal counsel that's
[20:23.440 --> 20:30.800]  on staff and they must be sort of guilty of the same thing. They knew there was wrong doing going
[20:30.800 --> 20:37.360]  on. They didn't try to stop it and they didn't leave, right? Yeah, that's three times. That would be
[20:37.360 --> 20:45.200]  another thing that we approach it with. That's right. Yeah, and one thing that I think is really
[20:45.200 --> 20:54.080]  interesting about these, talking about complaints against attorneys, the partners of a law firm
[20:55.440 --> 21:02.240]  share in the culpability and they have a similar little threesome going on when you,
[21:03.600 --> 21:10.880]  if you find that an attorney does something to violate a rule, then you can go to all the
[21:10.880 --> 21:20.000]  partners in the firm with another bar grievance because, A, they shouldn't have facilitated
[21:20.000 --> 21:27.440]  their underling doing that kind of, you know, that wrongdoing. They shouldn't have facilitated
[21:27.440 --> 21:36.720]  and they shouldn't have made that possible. And then, B, they should have taken reasonable
[21:36.720 --> 21:47.360]  remedial action to mitigate the negative effects of that wrongdoing. And then, C, they should have
[21:48.480 --> 21:57.600]  bar grieved their underling. That's what it says. It's actually not just for their underling. It's
[21:57.600 --> 22:05.520]  any lawyer who knows about any other lawyer's unethical behavior. So sometimes it can be
[22:05.520 --> 22:13.360]  interesting fireworks if you want to just make some random lawyer aware of the unethical behavior
[22:13.360 --> 22:20.800]  of somebody he may not even know. Right, because they're supposed to regulate each other, right?
[22:20.800 --> 22:25.680]  They're almost supposed to, like, keep tabs on each other. Yes, that's what the rules say. When
[22:25.680 --> 22:29.920]  they go sign up for their bar card and swear in to follow all these rules that they probably
[22:29.920 --> 22:37.360]  didn't even read, one of the rules on there is saying that, and I think this is, in Texas,
[22:37.360 --> 22:48.240]  it's 803A and B. And I think the model rules are 8.3. But that's for the American bar, which most
[22:48.240 --> 22:51.360]  states have adopted, even though they have slightly different numbering here and there.
[22:52.800 --> 22:57.360]  But it does say that they have a responsibility every lawyer. This is not just the partners. This
[22:57.360 --> 23:04.560]  is every lawyer has a responsibility. If he knows of some other lawyer's violation of a rule,
[23:05.120 --> 23:12.000]  he has a responsibility to bar grieve that other lawyer. Or if he suspects that the only reason
[23:12.000 --> 23:18.960]  that other lawyer's appearing to be unethical is maybe he has a drug problem, then he can send
[23:18.960 --> 23:28.960]  that guy to drug rehab instead of bar grieving him. So I think that's a nice touch. Well,
[23:28.960 --> 23:34.960]  that's kind of how it works, like, in religious life. I mean, if somebody has a serious problem
[23:34.960 --> 23:39.760]  like that, the thing is to get them the help they need rather than to try to punish them,
[23:39.760 --> 23:45.920]  at least in the first round of trying to, you know, help out. Yeah. So I'm curious what you
[23:45.920 --> 23:53.840]  think of good. You're curious about what? I'm curious what you think about how the
[23:54.720 --> 23:59.280]  unemployment agency is set up here. I don't know if they're just following a model that's used
[24:00.640 --> 24:07.680]  everywhere or if this is unique to Michigan. But there is a firewall that's been erected around
[24:07.680 --> 24:13.840]  all the administrators, all the legal people, all the people that do the adjudication and appeals.
[24:13.840 --> 24:19.760]  And when you call on the phone, the only person you can talk to is the lowest level customer
[24:19.760 --> 24:26.320]  service agent. And they just listen and say, that's nice. But I mean, I feel like I can call
[24:26.320 --> 24:32.560]  them up and make all the brilliant points in the world about, you know, how they've done it wrong
[24:32.560 --> 24:39.600]  and why it's, you know, not being done in a fair way. And it's never going to matter because
[24:39.600 --> 24:48.080]  all those phone people, I mean, they have a boss, but not that they report to on cases. So I kind
[24:48.080 --> 24:53.680]  of feel like the unemployment agency has brought it upon themselves that people are going to have
[24:53.680 --> 24:59.040]  to resort to extreme measures like bar grieving their legal department because
[25:00.400 --> 25:04.640]  they haven't set it up in a functional way. It's set up in a very dysfunctional way.
[25:04.640 --> 25:12.240]  And you've been waiting almost 20 weeks to get an answer on a protest about a mistake,
[25:12.240 --> 25:18.160]  that's their mistake. And they just keep, you know, I call every day and they say,
[25:18.160 --> 25:24.560]  oh, be patient, check your MyWim, which is your, you know, online account. And, you know,
[25:24.560 --> 25:30.800]  I'm just, I'm out of patience with the process. So what occurs to me here is record requests.
[25:30.800 --> 25:37.920]  And you can go and ask for public records. And you ask, every time you're looking for public
[25:37.920 --> 25:45.920]  records, you want to go to the person who is the highest, the elected official. I mean,
[25:45.920 --> 25:50.000]  you're going way over this person's head. Whoever it is that you're talking on the phone with
[25:50.000 --> 25:55.600]  and they're saying that's nice, you're not just going to his or her boss, you're going way up the
[25:55.600 --> 26:03.760]  chain to somebody who was elected or appointed. They're the appointed official or they're at
[26:03.760 --> 26:13.040]  least the head of a department. So in a state agency, that can be, department can be really huge.
[26:13.040 --> 26:18.160]  So you're talking about somebody that's way up the food chain. And you address this person
[26:18.160 --> 26:26.800]  with a request for records. And you're careful to phrase it artfully so that you're not asking them
[26:26.800 --> 26:34.400]  to research something for you or answer a question. Instead, you have to sit and think about which
[26:34.400 --> 26:41.760]  records will they have that will show me the answer to my question. So you ask for those records.
[26:43.440 --> 26:47.760]  And sometimes you don't even know what those records are. So you ask for the records that
[26:47.760 --> 26:54.320]  will show and phrase it that way. But when you ask for records, that puts them on the diamond.
[26:54.320 --> 26:59.440]  They have a clock ticking. There won't be any 20 weeks. It's going to be, they've got to answer
[26:59.440 --> 27:06.400]  promptly. Different states, I haven't looked at Michigan. Different states have different number
[27:06.400 --> 27:16.080]  of days that they consider as the maximum allowable time by law. They have to answer you
[27:16.080 --> 27:23.680]  promptly. So if you're asking for something that is immediately available to them. So Texas has
[27:23.680 --> 27:30.400]  a 10 business days is what they, everybody thinks they have. And the law says 10 business days.
[27:30.400 --> 27:36.960]  But that is a, that's not how long they have to answer. That's how long, that's the line where
[27:36.960 --> 27:43.920]  they become a criminal for not answering. Officially codified as crime. And it's a serious
[27:43.920 --> 27:50.640]  crime. It's a class A misdemeanor. So up until that point, it's kind of fuzzy about what is prompt.
[27:51.600 --> 27:59.920]  Because the law says that prompt is defined as, as quickly as reasonably possible without
[27:59.920 --> 28:05.520]  any unnecessary delay. So if it's something that they've got right there on their desk,
[28:06.160 --> 28:12.480]  promptly means five minutes. But if it's something that they have to go look up,
[28:12.480 --> 28:16.480]  they have to go find it in the back room off the archive server or something, who knows,
[28:16.480 --> 28:20.080]  then that's, you know, maybe they do need some more time. Maybe they need a few days.
[28:21.920 --> 28:26.480]  But if it gets to 10 days and they still didn't get it to you, they're a criminal.
[28:27.360 --> 28:33.440]  You can go tattle tail to the attorney general and give him a criminal complaint. He will jump
[28:33.440 --> 28:39.760]  all over them. A criminal complaint for not responding to the information request?
[28:39.760 --> 28:47.360]  Yes. So in that sense, it would have nothing to do with the underlying purpose of your request.
[28:47.360 --> 28:53.040]  You wouldn't be asking, talking to the attorney general about your unemployment issues at all.
[28:53.040 --> 28:59.840]  You would just be at, it's specifically referencing the fact that on this day at this time, I gave
[28:59.840 --> 29:08.560]  them this records request, the attached. This many days passed and they didn't give the records to me.
[29:08.560 --> 29:10.880]  They're a criminal. Go get them.
[29:14.640 --> 29:20.240]  Yeah. Yeah. Because there isn't even, I mean, even on their websites, there isn't like information
[29:20.240 --> 29:24.560]  about who the people are. There's no way to look it up in the phone book. I mean, there's just
[29:24.560 --> 29:33.040]  nothing that's, mostly it's a listing. Yeah. I would say do that. Go get familiar with your
[29:33.040 --> 29:40.560]  Michigan public records request and take a look at muckbrock, m-u-c-k-r-o-c-k dot com.
[29:41.840 --> 29:47.360]  It's a great place where you can automate some of these records requests and kind of get familiar
[29:47.360 --> 29:52.480]  with some pro tips from other people who maybe have made similar requests. We're going to have to
[29:52.480 --> 29:59.440]  go to our sponsors here for just a moment and we will be right back. Our caller number. I'll give it out.
[29:59.440 --> 30:06.560]  It's clear cell phones have changed the way we live and work, but have they negatively affected
[30:06.560 --> 30:11.040]  our health? I'm Dr. Katherine Albrecht and I'll be back in just a moment with new findings about
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[30:47.680 --> 30:51.520]  but whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.520 --> 30:56.320]  has been disputed. Some have blamed it for brain tumors while cell phone companies have downplayed
[30:56.320 --> 31:01.120]  concerns. Well, now the Journal of the American Medical Association is confirming that cell
[31:01.120 --> 31:06.720]  phones affect brain chemistry. A study of 47 volunteers showed that glucose metabolism in
[31:06.720 --> 31:11.520]  the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:11.520 --> 31:16.480]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:16.480 --> 31:21.920]  I always keep the phone far from my body and I use a corded headset. I'm Dr. Katherine Albrecht.
[31:21.920 --> 31:28.480]  More news and information at KatherineAlbrecht.com.
[31:52.240 --> 31:58.400]  Bring justice to my son, my uncle, my nephew, my son. Go to buildingwatch.org. Why it's health,
[31:58.400 --> 32:04.400]  why it matters, and what you can do. Logos Radio Network welcomes a new show to our lineup for
[32:04.400 --> 32:11.040]  the new year. Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central
[32:11.040 --> 32:17.760]  Time. Our goal is in accord with Matthew 516. Let your light so shine before men that they may see
[32:17.760 --> 32:23.760]  your good works and glorify your Father which is in heaven. We wish to reflect God's light and be a
[32:23.760 --> 32:29.440]  blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible
[32:29.440 --> 32:35.680]  studies and topical Bible studies designed to provoke unto love and good works. Our verse by
[32:35.680 --> 32:41.200]  verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
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[32:46.880 --> 32:53.920]  character developments. So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays
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[33:00.000 --> 33:09.520]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:09.520 --> 33:25.600]  Yeah, I got a warrant and I'm gonna solve them to the end of the month then prosecute them. Okay.
[33:25.600 --> 33:38.720]  All right.
[33:55.600 --> 34:10.000]  Okay, we are back. This is the rule of law radio, Randy Kelton. I'm Brett Fountain
[34:10.720 --> 34:17.280]  and we almost had Randy with us just now. He tried to join in and he's just not feeling up to it.
[34:18.160 --> 34:24.800]  So we are speaking this evening with Scott in Michigan and Scott we're talking about some
[34:24.800 --> 34:30.160]  unemployment situation which you might deal with records requests and what else did you have on
[34:30.160 --> 34:37.840]  your mind? Well, you mentioned that you were working on a 1983 action. Is that 42 U.S. 1983?
[34:38.720 --> 34:44.960]  That's right. Okay, I was looking through that myself because I actually I find it kind of funny
[34:46.080 --> 34:50.960]  all the people who are reeling in righteous indignation. Oh my gosh, I sound like Randy. He
[34:50.960 --> 34:56.960]  disappeared. People that are reeling in righteous indignation against the mask thing because
[34:58.720 --> 35:08.320]  I have it in mind to put together a suit under that section for the police officers denying me
[35:08.320 --> 35:17.920]  a mask while they had me in custody under basic medical care being denied in the sense of
[35:17.920 --> 35:25.760]  preventative care during a pandemic. That seems like pretty much every which way you
[35:25.760 --> 35:32.720]  turn right now. There's somebody that's earning one of these kinds of lawsuits. It's just the order
[35:32.720 --> 35:42.640]  of the day. For a while it was difficult to be able to do some of these 1983 suits, right? But
[35:42.640 --> 35:48.800]  that tide is turning. I sure don't know. I couldn't tell you about trends or what's difficult. I'm
[35:48.800 --> 35:59.520]  doing my first one so I couldn't say. Okay. The other thing I had in mind was I've got this
[35:59.520 --> 36:05.920]  settlement conference coming up next week and just if you have any ideas about strategy,
[36:05.920 --> 36:11.280]  I mean the tricky part about it is I read all the kind of, well for one thing, settlement
[36:11.280 --> 36:16.800]  conferences, they can mean different things in different jurisdictions but it seems like basically
[36:18.400 --> 36:27.040]  they want to settle issues. I don't know what to think. In my mind, I thought that a settlement
[36:27.040 --> 36:31.680]  conference meant that they want to tweet it out but the more I read, the more I feel like a
[36:31.680 --> 36:37.120]  settlement conference is the subtle issues. It's like a pretrial, pretrial conference so I'm not
[36:37.120 --> 36:44.400]  really sure how it's going to go. The danger I'm concerned about is that all the rules say that
[36:45.040 --> 36:50.160]  what happens at the settlement conference stays at the settlement conference but you and I know
[36:50.160 --> 36:55.360]  that there's no such thing as off the record with a public official. I mean if you let something
[36:55.360 --> 37:02.960]  flip to them, they're going to nail you with it. So any thoughts about the strategy for settlement
[37:02.960 --> 37:13.200]  conference? Well do you have an indication of whether this settlement is, is it a possibility
[37:13.200 --> 37:17.440]  that they're talking about settlement like they're going to give you some money to make this go away?
[37:19.760 --> 37:26.160]  I mean that's always, I mean assuming that they really looked into it, I guess that's possible.
[37:26.160 --> 37:32.880]  It's just, you know, maybe I'm suffering from a little bit of imposter syndrome and thinking like
[37:32.880 --> 37:37.920]  I couldn't possibly get that lucky with these guys but it's not outside the realm of possibility.
[37:39.120 --> 37:44.080]  Yeah, I mean that's what occurs to me when I hear about a settlement conference. It sounds to me
[37:44.080 --> 37:49.280]  like that's, that's what they would want to do is they, they're hoping this goes away before
[37:49.280 --> 37:58.560]  you bring this to the public view. Maybe you're doing something that highlights how criminal
[37:58.560 --> 38:03.360]  they are, what they've done wrong, it's embarrassing, they don't want this to go before a jury,
[38:04.000 --> 38:10.000]  they don't want people to see and so they want to offer you some money, get you to sign a non-disclosure
[38:10.000 --> 38:15.200]  agreement and hope you'll just go away. Hope that you're not one of those people that,
[38:15.200 --> 38:20.880]  hey, I don't care about the money, this is, you know, you're gonna stand on your principles even
[38:20.880 --> 38:26.160]  if it breaks me, I lose my family, I don't care and they're hoping you're not one of those.
[38:26.880 --> 38:32.560]  So that's what occurs to me when you say settlement but I guess it's possible they're
[38:32.560 --> 38:40.880]  also talking about, like you said, maybe it's some facts that they want to get figured out first.
[38:40.880 --> 38:50.480]  If they were wanting to do, to do something about facts or maybe the application of some law to,
[38:50.480 --> 38:56.000]  to certain facts, it seems to me they would try to do that with a discovery request
[38:57.360 --> 39:03.600]  as opposed to let's talk about settlement. That's my take on it.
[39:03.600 --> 39:11.760]  Yeah, I guess my thought is that if they wanted to make it go away, why wouldn't they just send me
[39:14.160 --> 39:17.120]  a nally prostiquy and drop the cases, you know?
[39:19.520 --> 39:21.520]  Yeah, that's possible, I don't really know.
[39:22.880 --> 39:28.480]  Sure, but my thought would be that, you know, I'm definitely gonna stick to my guns and whatever,
[39:28.480 --> 39:34.240]  whatever happens, I'm not paying them a dime and I'm not doing any time because,
[39:34.960 --> 39:39.840]  you know, I went in for arraignment and asked relevant unanswered questions and
[39:41.280 --> 39:46.640]  I put before them absolutely perfectly fair questions and they don't even want to talk about it.
[39:47.360 --> 39:51.920]  So in my mind, the fact that there's relevant unanswered questions on the table
[39:51.920 --> 39:59.760]  means that we can't go forward or at least I can't in good conscience. Yeah, that makes sense.
[40:03.760 --> 40:05.840]  But there's no reason I should expect them to be
[40:08.080 --> 40:14.560]  honest or honorable in the sense of, you know, like what I read said that, you know,
[40:14.560 --> 40:19.440]  nothing that's said at the settlement conference can be brought up at trial.
[40:19.440 --> 40:23.040]  They would have to go out and do their own research to discover anything that they learn
[40:23.600 --> 40:28.640]  in order to bring it in at trial, but that sounds like a rule that's really easy for them to break
[40:28.640 --> 40:35.600]  and that I should really be mindful of that, yes? Yes, I would, absolutely. I wouldn't trust
[40:35.600 --> 40:43.280]  the lawyer as far as I could throw him. Yep, yep. It'll be interesting to see what happens.
[40:43.280 --> 40:51.760]  Apparently, they make some remarks and I make some remarks and then the judge makes some remarks
[40:51.760 --> 40:59.520]  and then the judge may meet with the parties individually to try to, you know, arbitrate
[40:59.520 --> 41:06.560]  some kind of agreement. So it'll be really interesting to see what happens. One person said that
[41:06.560 --> 41:16.400]  you should call a couple days before and to the other side and just briefly ask them what their
[41:16.400 --> 41:21.680]  position is going into it, just to try to give yourself a heads up. I mean, you can probably do
[41:21.680 --> 41:24.880]  that with it. Yeah, that sounds wise too.
[41:24.880 --> 41:35.760]  I believe that was everything I wanted to chat with you about right here and now.
[41:39.840 --> 41:42.880]  Yeah, I think that's about it. I'll let you get on to some other callers.
[41:44.000 --> 41:48.000]  Okay, well, great. Thanks for calling in. Good talking with you.
[41:48.000 --> 41:51.680]  Thank you, Ben. All right, you too. I hope so Randy feels better.
[41:51.680 --> 41:57.120]  Okay, he's probably listening. All right, good night.
[41:59.520 --> 42:04.640]  So Settlement Conference in Michigan. All right, looks like we have a first time caller here.
[42:04.640 --> 42:20.560]  This is an 830 area code. If you're calling from 830, give us a first name and a state.
[42:22.320 --> 42:25.760]  Hello, first time caller from area code 830.
[42:25.760 --> 42:36.240]  All right, well, I can't hear you. So I'm going to go ahead and move on to the next
[42:36.240 --> 42:41.280]  caller, which is a 541 area code. Good evening.
[42:45.920 --> 42:47.360]  Hello, 541.
[42:51.040 --> 42:53.200]  Well, I'm not hearing you either.
[42:53.200 --> 43:00.400]  If somebody's trying to call and you just wanted to call and listen,
[43:01.280 --> 43:06.560]  there is a listen line that you can access. If you go to txlr.net,
[43:07.280 --> 43:13.440]  then there's a phone number they put up there. But this line that you're calling into,
[43:13.440 --> 43:22.080]  this is 512-646-1984. And this is for calling to it if you have a question.
[43:22.080 --> 43:28.400]  So we are, I'm going to try again with area code 830. Are you there?
[43:29.280 --> 43:33.840]  This is 830. I did call in just to listen and learn. I did not know the number.
[43:34.800 --> 43:42.400]  Okay, no problem. All right, well, we will be going to our sponsors here.
[43:43.920 --> 43:48.960]  We've got about 15 seconds until our sponsors and we will switch over to,
[43:48.960 --> 43:53.120]  we don't have any other callers. So if nobody calls in, I'll just go ahead and start talking
[43:53.120 --> 43:57.280]  about some criminal complaints. That's been a highly voted topic. We'll be right back.
[44:00.240 --> 44:04.160]  Through advances in technology, our lives have greatly improved,
[44:04.160 --> 44:09.040]  except in the area of nutrition. People feed their pets better than they feed themselves.
[44:09.040 --> 44:14.880]  And it's time we changed all that. Our primary defense against aging and disease in this toxic
[44:14.880 --> 44:20.080]  environment is good nutrition. In a world where natural foods have been irradiated,
[44:20.080 --> 44:25.360]  adulterated, and mutilated, young Jevity can provide the nutrients you need.
[44:25.360 --> 44:31.280]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[44:31.280 --> 44:37.920]  We have come to trust Jevity so much. We became a marketing distributor along with Alex Jones,
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[44:55.440 --> 45:02.800]  friends and family, and increase your income. Order now. Are you the plaintiff or defendant in a
[45:02.800 --> 45:09.440]  lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand
[45:09.440 --> 45:16.720]  for CD course that will show you how in 24 hours, step by step. If you have a lawyer,
[45:16.720 --> 45:21.440]  know what your lawyer should be doing. If you don't have a lawyer, know what you should do
[45:21.440 --> 45:28.640]  for yourself. Thousands have won with our step by step course, and now you can too. Jurisdictionary
[45:28.640 --> 45:35.120]  was created by a licensed attorney with 22 years of case winning experience. Even if you're not
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[46:25.600 --> 46:34.960]  I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm wishing for.
[46:34.960 --> 46:44.080]  I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living pushing
[46:44.080 --> 46:54.960]  buttons. I get my message out when you want a shout-in distance. I hope for bravery and against
[46:54.960 --> 47:03.120]  slavery showing resistance. First I'm rolling, then I'm walking, then I start strutting.
[47:03.120 --> 47:08.000]  I'm just so glad to make my way back. Okay, we are back. This is the rule of law radio.
[47:08.000 --> 47:17.600]  Randy Kelton, I'm Brett Fountain, and we're going to go to EJ in California. We've got EJ.
[47:17.600 --> 47:24.880]  Are you there? Hi, Brett. Yes. Hello. What's on your mind this evening?
[47:24.880 --> 47:38.160]  My case got dismissed two months ago, and I still haven't gotten the whole case file.
[47:38.160 --> 47:41.760]  I like to do a case file. I have another question where if it's dismissed,
[47:43.680 --> 47:48.720]  can they ever bring it back within the time frame? Sorry about the background noise.
[47:48.720 --> 47:54.800]  Yeah, so it depends on how it was dismissed and why it was dismissed.
[47:56.240 --> 48:00.880]  First off, congratulations. You got it dismissed. I'm sure that feels good.
[48:02.560 --> 48:07.360]  Now, did they write on the order of dismissal? Did they write why?
[48:09.040 --> 48:18.000]  Yes, it was Martin's law. So what the public defender, the prosecutor did was
[48:18.000 --> 48:27.600]  he reached out to the, supposedly, the accuser. His name is Herbert, yeah.
[48:28.880 --> 48:37.440]  He's the security guard at the hospital. So he said that he didn't want to prosecute.
[48:37.440 --> 48:44.240]  He didn't want to go any further, or I forgot what the terms that he used. So due to that,
[48:44.240 --> 48:53.840]  it's due to Martin Long, California, M-A-R-S-D-E-N, and so he, it couldn't go any further.
[48:53.840 --> 48:59.520]  But the thing is, they didn't even have a verified complaint in the first place in the file,
[48:59.520 --> 49:09.360]  because I went to the court's process. They never gave me a verified complaint.
[49:09.360 --> 49:19.280]  And that could very well have been a key factor in why they decided not to prosecute
[49:20.400 --> 49:24.240]  is because they found out that you went and talked to the clerk and they said, well,
[49:24.240 --> 49:29.360]  what did she get from the clerk? Oh, she was asking, she wanted to see the whole file. Oh,
[49:29.360 --> 49:32.720]  my goodness, we don't have anything in there. And that could have been a reason why they
[49:32.720 --> 49:41.680]  realized that there's, you know, she knows the emperor doesn't have any clothes.
[49:41.680 --> 49:47.600]  But to answer your question about whether they could bring it back, yes, they could.
[49:48.400 --> 49:53.600]  It doesn't sound like it's very likely that they would, because they dropped it, the prosecutor
[49:53.600 --> 49:57.760]  dropped it. It wasn't something that the court told them that they did something wrong and they
[49:57.760 --> 50:04.240]  need to go fix it. This was the prosecutor decided we got nothing. We're not going to take this any
[50:04.240 --> 50:10.000]  further. And so it seems unlikely. But yes, they could. Technically, they have a period of time
[50:10.000 --> 50:15.680]  that's called the statute of limitations, different per state. I'm not sure what California would
[50:16.480 --> 50:22.080]  define for that particular kind of crime. You can look it up at CEO. It's this kind of misdemeanor,
[50:22.080 --> 50:28.240]  this kind of felony, and they have this many years, often it'll be one year, two years. And
[50:28.800 --> 50:35.360]  if they don't get the right paperwork in the hopper in time, they don't have to finish the
[50:35.360 --> 50:42.560]  prosecution and get all the way to the gavel banging part, but they have to get the case commenced
[50:43.840 --> 50:51.120]  within that time period. And if they don't, then it's too late. They can't get that done.
[50:51.120 --> 50:57.440]  That's just they have to leave you alone. It's the two years. So it's since the date of the
[50:58.400 --> 51:05.920]  police that made the report from that day or when the prosecutor started prosecuting,
[51:05.920 --> 51:13.440]  like the letter that they sent me or I think it's a charging document. And that was done last year
[51:13.440 --> 51:22.560]  in April. So April 2020. So they did do a charging document? I misunderstood you. I
[51:22.560 --> 51:28.080]  thought there was not a charging document in the record. It's a charging document,
[51:28.080 --> 51:34.400]  but it's not a verified complaint. Like the complaint. Okay. Right. You're saying that yes,
[51:35.680 --> 51:41.040]  she punched me in the face. He lied and said I punched him in the face.
[51:41.040 --> 51:47.840]  Oh, nothing like that. Because there is a prosecutor rule.
[51:49.040 --> 51:55.920]  Well, not a prosecutor, a prosecution rule saying that they need a complaint. Complaintment
[51:57.120 --> 52:03.600]  verified complaint in the file. It was a lawyer. First, there's just some da saying that, oh,
[52:03.600 --> 52:07.840]  we're charging you of these two crimes, which is assault and battery again.
[52:07.840 --> 52:15.920]  Yeah. So they've got nothing. And the date that you're counting from is the date that
[52:15.920 --> 52:22.640]  you were accused of doing that crime. So it's Thursday, July 1st of two years ago,
[52:23.600 --> 52:32.640]  then it's past time. Even if the prosecution didn't pick up and start doing anything until
[52:32.640 --> 52:39.200]  a couple of months later, the date of the alleged offense is where the clock starts ticking.
[52:41.440 --> 52:50.320]  Okay. I've been taking it kind of doing a slow, because I had some personal things happen to
[52:50.320 --> 53:01.040]  my mother. I'm grieving right now, but I'm ready to pick up and restart this. So my first thing is
[53:01.040 --> 53:07.440]  to get the whole case filed. What was in that file? I need to do a records request
[53:08.560 --> 53:14.800]  to the, who was that, the clerk, the head clerk? His name is...
[53:14.800 --> 53:21.920]  Yes. You often don't have to do an official records request if you just show up at the court
[53:21.920 --> 53:26.880]  clerk. You just walk up to the counter and just say, I'd like to see this case file.
[53:26.880 --> 53:33.680]  And they'll just pull out the folder and just hand it to you. And you can look through it,
[53:34.640 --> 53:39.200]  because when you say you want to see the file, they pretty much know you just want to inspect it.
[53:39.840 --> 53:45.920]  You can be specific and say that if you want, but you're just wanting to inspect. You're not
[53:45.920 --> 53:52.240]  asking for duplication. You might flip through it and decide, hey, I've got all of these documents,
[53:52.240 --> 53:57.200]  but I don't have that one. And they never gave me this one. Can you make copies of me of these for
[53:57.200 --> 54:04.000]  me? And you show her which ones? They'll just do that right there for you. But if you want to,
[54:04.000 --> 54:09.120]  you can make it in a minute like you were talking about a more official kind of formal way. You can
[54:09.120 --> 54:13.680]  send them something in the mail and writing and you can say, I want this file and they'll send
[54:13.680 --> 54:24.160]  you the whole thing. That's possible too. Don't you think sending in a mail would be the best?
[54:24.160 --> 54:29.120]  Because then they can just mail it to you. I don't have to show up and they give you a hard time,
[54:29.120 --> 54:36.320]  these people. And I need to start exercising my right to say, listen to the show, thank goodness
[54:36.320 --> 54:43.520]  for you guys. I know what to do. So I would say, oh, I wish you didn't have to say that.
[54:44.080 --> 54:55.040]  Just step aside. I call 911. I have the right to my file, you know? So I'll probably bring
[54:55.040 --> 55:00.400]  someone with me because I know some people having the same trouble. I can read it in
[55:00.400 --> 55:08.320]  our, what do you call it, the telegram. They won't file papers. People work.
[55:08.880 --> 55:14.160]  That's implementation, especially here where we live. I know what we're talking about. I went
[55:14.160 --> 55:20.240]  through things for health. So I would do that. That's my first step. My second step is do I
[55:20.240 --> 55:26.880]  need to file a similar complaint against the officers for siding with the hospital instead
[55:26.880 --> 55:34.880]  of, instead of me, like the three officers that night at 11.30 p.m. Okay. So what you will want
[55:34.880 --> 55:42.800]  to do for that is take a look at the crimes. Go read through what does California call crimes.
[55:43.440 --> 55:48.240]  And I know you know this, but you're not going to find something in there that says
[55:49.040 --> 55:53.920]  it's a crime to side with a hospital instead of E.J. You've got to find something that says,
[55:53.920 --> 55:59.040]  you know, it's going to be, you're going to have to find something that says that they
[56:00.320 --> 56:09.360]  have a duty, for example, to act when they see a felony. A felony is committed in their presence
[56:09.360 --> 56:15.600]  and they have a duty to do something. So then you can say they failed or refused to perform their
[56:15.600 --> 56:21.120]  duty to act on a felony that was committed in their presence. And so then you would describe
[56:21.120 --> 56:27.440]  the felony that was happening in their presence and call them out for not doing anything about it.
[56:29.200 --> 56:34.960]  Awesome, Brett. Thank you so much. That answers my question. I will start on this. I just had
[56:34.960 --> 56:42.480]  some greetings to do. I'm ready to pick back up and the complaint. I know that you have tons of
[56:42.480 --> 56:48.160]  complaints. So I go on that jurisprudence and, of course, alphonses site. But I know
[56:48.160 --> 56:56.240]  you just want to case reading just recently, right? You did all these complaints against.
[56:58.000 --> 57:02.080]  So the place to start is just download it from alphonses, right? And then
[57:04.160 --> 57:12.080]  the place I start is in the criminal code. So California has, I believe California mapped
[57:12.080 --> 57:19.200]  it out. They have an 18 and a 19. Definitely 18 is where the crimes are. So you take a look at
[57:19.200 --> 57:29.280]  what the crime says and it's really very simple. You take the copy and paste, what the language
[57:29.280 --> 57:33.600]  that the legislature has come up with in California. They said, this is an offense.
[57:33.600 --> 57:41.520]  And when I'm looking for what did somebody do wrong, I'm going to go ahead and find several
[57:41.520 --> 57:48.480]  crimes that fit and look for which one fits the most and look for maybe the highest severity
[57:48.480 --> 57:54.560]  that kicks it into a felony because then that causes the duty, somebody's duty, to be invoked.
[57:54.560 --> 58:01.040]  Anyway, you look at the language, you copy and paste and you just change it to past tense.
[58:01.040 --> 58:07.040]  Wherever it's saying, if somebody does thus and such, then that's a crime. So you change the wording
[58:07.040 --> 58:16.160]  just slightly to turn it into a past tense sentence. It says, Mr. Robertson on this and such a day,
[58:16.160 --> 58:25.680]  he did thus and such. So you change if somebody does to he did. And you turn it into a statement
[58:25.680 --> 58:31.680]  that he did those things. Then underneath that, you're going to put some bullet points, some
[58:31.680 --> 58:36.400]  facts that will substantiate that. We're going to go to our sponsors here, we'll come back and
[58:36.400 --> 58:41.680]  I'll tell you some more about that. It's really very simple and I think you'll enjoy it.
[58:42.240 --> 58:45.280]  All right, we'll go to our sponsors and we'll be right back.
[58:47.840 --> 58:51.520]  Would you like to make more definite progress in your walk with God?
[58:51.520 --> 58:57.440]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[58:57.440 --> 59:02.400]  help. The New Testament recovery version is one of the most comprehensive study Bibles available
[59:02.400 --> 59:08.000]  today. It's an accurate translation and it contains thousands of footnotes that will help you to know
[59:08.000 --> 59:14.320]  God and to know the meaning of life. The free books are a three-volume set called Basic Elements of
[59:14.320 --> 59:20.160]  the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clear the meaning
[59:20.160 --> 59:27.600]  of life, clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.600 --> 59:33.040]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.040 --> 59:50.480]  call Bibles for America toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:50.480 --> 59:54.480]  Live free speech radio, logosradionetwork.com.
[59:54.480 --> 01:00:04.320]  The following news flash is brought to you by The Lone Star Lowdowns.
[01:00:06.160 --> 01:00:12.320]  Markets for Monday the 22nd of July 2019, open with precious metals, gold at $1,429
[01:00:12.320 --> 01:00:20.640]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[01:00:20.640 --> 01:00:28.960]  brand crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:28.960 --> 01:00:41.280]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.280 --> 01:00:52.320]  Today in history, the year 1916, the preparedness day bombing, a Thai suitcase bomb was detonated
[01:00:52.320 --> 01:00:57.280]  on Market Street in San Francisco during the World War I preparedness day parade,
[01:00:57.280 --> 01:01:00.160]  killing 10 and injuring 40. Today in history.
[01:01:04.400 --> 01:01:08.320]  And recent news, since Governor Greg Abbott signed House Bill 1325,
[01:01:08.320 --> 01:01:12.480]  legalizing hemp into Texas law back in June, county prosecutors around the state,
[01:01:12.480 --> 01:01:16.800]  including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:01:16.800 --> 01:01:21.280]  and even refusing to file new ones, since they are stipulating that they do not have the time
[01:01:21.280 --> 01:01:26.240]  or the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County
[01:01:26.240 --> 01:01:30.400]  District Attorney, announced earlier this month that she was dismissing 32 felony possession
[01:01:30.400 --> 01:01:35.280]  and delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:01:35.280 --> 01:01:39.280]  including the Attorney General, stipulated in a letter to county district attorneys back on
[01:01:39.280 --> 01:01:44.240]  Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate
[01:01:44.240 --> 01:01:50.880]  a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney
[01:01:50.880 --> 01:01:56.880]  in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law,
[01:01:56.880 --> 01:02:01.600]  quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.600 --> 01:02:06.560]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.560 --> 01:02:10.640]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.640 --> 01:02:15.120]  something illegal based on its chemical makeup. It's important that if someone is charged with
[01:02:15.120 --> 01:02:24.480]  something, the test matches what they're charged with. A paper by Tulane University identified
[01:02:24.480 --> 01:02:29.840]  a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[01:02:29.840 --> 01:02:35.360]  the specimen being only the second pocket shark ever captured or recorded with the other one
[01:02:35.360 --> 01:02:40.640]  being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[01:02:40.640 --> 01:02:47.760]  shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure
[01:02:47.760 --> 01:03:00.560]  and prey who may be drawn into the glow. This is Ruth Rody with the lowdown for July 22, 2019.
[01:03:18.160 --> 01:03:33.760]  All right, we are back. This is the rule of law radio, Randy Kelton. I'm Brett Fountain.
[01:03:34.480 --> 01:03:42.160]  And this is Friday, the 30th of July, 2021. And we're speaking with EJ in California right now,
[01:03:42.160 --> 01:03:46.720]  and we're talking about criminal complaints. And we're talking about how do you write a
[01:03:46.720 --> 01:03:55.440]  criminal complaint. EJ, we were talking about the you need to go look in your code in penal code
[01:03:55.440 --> 01:04:01.120]  in California and just read what are these different crimes. A lot of them you'll find
[01:04:01.120 --> 01:04:06.560]  that they don't really apply at all. They have something to do with a totally different situation,
[01:04:06.560 --> 01:04:11.680]  but you just breeze through there. Just just skim and you'll find things that do apply.
[01:04:11.680 --> 01:04:20.400]  As you do that, you're going to see, here's one, for example, it says any peace officer
[01:04:20.400 --> 01:04:26.000]  who has the authority to receive or arrest a person charged with a criminal offense
[01:04:27.120 --> 01:04:34.800]  and willfully refuses to receive or arrest that person shall be punished by a fine not exceeding
[01:04:34.800 --> 01:04:42.400]  $10,000 or by imprisonment. This is the cop being fined and imprisoned in a county jail,
[01:04:42.400 --> 01:04:52.560]  not exceeding one year or by both the fine and the imprisonment. So what you do is you take that
[01:04:52.560 --> 01:05:02.720]  sentence, you copy and paste, and you say this man is a peace officer. He had the authority to
[01:05:02.720 --> 01:05:08.800]  receive or arrest a person charged with a criminal offense and he willfully refused
[01:05:10.080 --> 01:05:17.680]  to receive or arrest that person. There you go. You've just accused him of that specific crime.
[01:05:19.040 --> 01:05:30.480]  Then you go to put some little bullet list down below it and normally people do this
[01:05:30.480 --> 01:05:36.080]  with like Microsoft Word or something. You could do this handwriting. You could get crayon
[01:05:36.080 --> 01:05:39.840]  on toilet paper. It doesn't really matter, but the important thing is that you
[01:05:42.400 --> 01:05:48.240]  write this down. So you've got some bullet points you're going to add and each one of these bullet
[01:05:48.240 --> 01:05:55.600]  points is going to be a very simple sentence. One subject, one verb, and you're going to make
[01:05:55.600 --> 01:06:00.720]  statements like this man is a peace officer. You put his name and say he's a peace officer.
[01:06:02.960 --> 01:06:10.720]  And you say he had the authority to arrest someone charged with a criminal offense.
[01:06:12.320 --> 01:06:21.200]  You say, now in this one about willfully, you're going to need to establish in some kind of way
[01:06:21.200 --> 01:06:28.880]  that communicates to think about a jury of your peers or even better yet. Think about a jury of
[01:06:30.320 --> 01:06:36.240]  brain dead neighbors that are, they're brainwashed. They don't, they're too lazy to think. You have
[01:06:36.240 --> 01:06:43.520]  to think for them. You have to put the information out there and spoon feed them because unfortunately
[01:06:43.520 --> 01:06:48.560]  a lot of people these days are just, their attention span is not there. They're busy
[01:06:48.560 --> 01:06:53.520]  with TikTok and they don't, they can't think straight. And if you don't feed it to them in
[01:06:53.520 --> 01:07:00.160]  five seconds, they're kind of lost them. So think about speaking to that sort of person.
[01:07:02.240 --> 01:07:12.640]  And you know, somebody I know talks about the person under the bridge is who you're trying to
[01:07:12.640 --> 01:07:23.520]  convince. But yeah, make your sentences simple and short. And here one of the elements of this
[01:07:23.520 --> 01:07:30.320]  particular crime we're using as an example is willfully, right? He has to willfully refuse
[01:07:31.120 --> 01:07:35.840]  to arrest that person. So you need to, in your little bullet points, you need to not only say
[01:07:35.840 --> 01:07:41.520]  that he's a peace officer and he had the authority and he saw it. It happened in his presence. You
[01:07:41.520 --> 01:07:49.280]  need to show that he decided not to arrest that person. Because the whole different facts that
[01:07:49.280 --> 01:07:58.800]  would come up if, let's say, he got tackled by 11 guys that just came running over and they
[01:07:58.800 --> 01:08:06.720]  tackled him. Well, okay, so he will, did he willfully refuse? No. He was physically incapacitated.
[01:08:06.720 --> 01:08:14.000]  He wasn't able to. So you need to make statements that spell out what was happening there and
[01:08:14.000 --> 01:08:23.840]  just make it clear that he decided not to arrest these people. So in a sense, you're saying
[01:08:25.280 --> 01:08:31.600]  that he took their side against, he took the side of the hospital against E.J. But you didn't,
[01:08:31.600 --> 01:08:37.680]  but that's not a crime. So you have to spell it out in these terms, the terms, the language that
[01:08:37.680 --> 01:08:47.600]  you find in the statute. Does that make sense? Yes, it makes sense. The police and the DA,
[01:08:47.600 --> 01:08:54.880]  of course, didn't give me the police report. It's all lies. So I know that. But they did say,
[01:08:54.880 --> 01:09:01.360]  I mean, they probably lied to me that night, the day of the incident, that they were witnesses,
[01:09:01.360 --> 01:09:06.400]  seeing that I punched him in the face. I don't know if they're lying. I haven't seen it.
[01:09:06.400 --> 01:09:13.040]  I haven't seen the report. But it doesn't matter, right? This is from me. I can just,
[01:09:13.040 --> 01:09:19.040]  yes, write this complaint out. It was three officers, two male, one female.
[01:09:19.040 --> 01:09:26.320]  And, of course, they're going to side with the corporation. I've been going to this hospital
[01:09:26.320 --> 01:09:35.120]  for 10 years. So I don't know if they knew that or not. But I need to move forward with this,
[01:09:35.120 --> 01:09:38.960]  because I've been dragging my feet. So thank you so much for spelling that out.
[01:09:40.560 --> 01:09:45.680]  I just wanted to clarify, because I think I kind of made it a little muddled about the,
[01:09:45.680 --> 01:09:51.760]  was it the charging document? The charging document is just saying the people of California
[01:09:51.760 --> 01:10:03.760]  versus me, EJ. And it just spells out what I'm charged with. And then a DDA signs it, saying
[01:10:03.760 --> 01:10:10.080]  under penalty surgery. Yeah. I mean, is that what they're talking about? I don't think so.
[01:10:10.080 --> 01:10:16.560]  In the rules, I have the rules. I just, I need to bring it up. That's not a complainant,
[01:10:17.600 --> 01:10:24.160]  we didn't call it the... It sounds to me like the information. There's a document called the
[01:10:24.160 --> 01:10:29.760]  information. And it sounds like that's what you're describing. And the information is required to be
[01:10:29.760 --> 01:10:35.920]  based on the complaint, which is a sworn complaint. You have to have somebody swearing that this is
[01:10:35.920 --> 01:10:41.520]  the truth under penalty of perjury. And they have to swear before someone who is an authorized
[01:10:41.520 --> 01:10:48.960]  individual who can administer that oath or affirmation. And so typically that, I'm not
[01:10:48.960 --> 01:10:53.680]  sure about California, but typically that goes, the complaint goes before a magistrate.
[01:10:55.680 --> 01:11:04.160]  And the magistrate will take that complaint and turn it over to somebody else. He's got,
[01:11:04.160 --> 01:11:09.520]  so if it's a felony, he can turn it over to the grand jury. If it is...
[01:11:13.360 --> 01:11:21.840]  The district attorney will have a duty to, when he has this complaint, he bases the information
[01:11:21.840 --> 01:11:28.560]  on the complaint and he files both documents together into a court that has the appropriate
[01:11:28.560 --> 01:11:37.680]  jurisdiction to hear that case. So if they don't have that complaint, then that means that they
[01:11:37.680 --> 01:11:43.520]  skipped a step and they didn't have any business drawing up an information document in the first
[01:11:43.520 --> 01:11:51.200]  place. They're just trying to prosecute something without having the underlying basis of that accusation.
[01:11:51.200 --> 01:11:58.080]  Correct. Because I asked for it at my third arraignment. I didn't know any of this. I just
[01:11:58.080 --> 01:12:03.760]  found you guys a couple of months ago after my fourth arraignment. At the third, I asked them.
[01:12:03.760 --> 01:12:09.440]  I even read the code and I said, where is the verified complaint? Where's my accuser?
[01:12:10.080 --> 01:12:14.080]  I said it right in front of the judge. Both of them silent. Okay.
[01:12:14.080 --> 01:12:22.400]  Where'd it go, EJ? This is the record that goes to being recorded and he said yes.
[01:12:25.120 --> 01:12:29.760]  Of course, it's not... I even asked the second judge, is this a court of record? He said no.
[01:12:29.760 --> 01:12:42.000]  He even said no. Yeah, he said no. I have a disc of the first three arraignments.
[01:12:44.400 --> 01:12:52.000]  I do have evidence of him saying no, the second one, and he put me in a cup in the courtroom.
[01:12:52.000 --> 01:13:01.280]  But I just want to see what my first steps are. The first one is I need to... If he says no,
[01:13:01.280 --> 01:13:08.000]  by the way, Brett, could I have just walked out? Because I know California, it's in the Constitution.
[01:13:09.040 --> 01:13:15.120]  All the courts are courts of record. Yeah. If you've seen that in the California Constitution,
[01:13:15.120 --> 01:13:20.320]  then that means that he's operating in an unconstitutional court. That's not one of the
[01:13:20.320 --> 01:13:23.360]  courts of California. I don't know what you're doing here, but that's not it.
[01:13:26.080 --> 01:13:31.040]  Okay. Yeah, this is not court of record. Okay. I'll go to a court of record by
[01:13:31.040 --> 01:13:37.120]  C.U. and if they put me in jail, but next time I'll do that. I asked him, he literally said no.
[01:13:39.520 --> 01:13:46.800]  And since it's COVID, no one was in the courtroom except me. I was the only one with a man in a
[01:13:46.800 --> 01:13:56.320]  orange jail suit, with bailiff and whatever. Yeah. No one would let anyone in except the
[01:13:56.320 --> 01:14:04.400]  defendant, which, yeah. So, I just... There's a lot of pieces that I need to start one by one.
[01:14:04.400 --> 01:14:13.680]  First, get the full record. Okay. Take someone. Have them as my witness. Call 911 if I have to.
[01:14:13.680 --> 01:14:19.280]  And the second is I need to start doing the criminal complaints against all three officers
[01:14:19.280 --> 01:14:24.560]  where it started in the beginning. So, I appreciate all this. I just wanted to say hello.
[01:14:26.400 --> 01:14:32.800]  Congratulations on your... Because I read that. That was really wonderful.
[01:14:33.680 --> 01:14:36.800]  Give us a lot of hope when we read that. So...
[01:14:36.800 --> 01:14:47.520]  How about something being dismissed, you mean? Yeah. Yeah. Yeah. It definitely takes a load off.
[01:14:47.520 --> 01:14:51.680]  You don't have to deal with a certain situation anymore and you're able to turn it around and go
[01:14:51.680 --> 01:14:58.320]  on the offensive for once. Yep. Yeah. And you have the tools. You know, if anything happens,
[01:14:58.320 --> 01:15:04.160]  you know what to do. And... Oh, yeah. This is our... Yeah. We need to go on the offense. And I need
[01:15:04.160 --> 01:15:10.160]  to do this because no one bothers to do stuff and they just run over people, I feel, you know?
[01:15:10.160 --> 01:15:16.400]  Because they know that you're... I know I was ignorant, so I admit it. But I'm learning...
[01:15:16.400 --> 01:15:21.920]  Before you go, I want to suggest something to you. You're talking about just going and,
[01:15:21.920 --> 01:15:24.400]  you know, being prepared. Maybe you need to call 911.
[01:15:26.160 --> 01:15:31.520]  You probably will not get any trouble at all from the court clerk if all you're asking to do
[01:15:31.520 --> 01:15:38.960]  is see the file. So don't... I would say don't expect to have to have a fight there. Sometimes
[01:15:38.960 --> 01:15:43.440]  they don't like what you're filing. They don't recognize it. They know that it's embarrassing
[01:15:43.440 --> 01:15:48.320]  to somebody, whatever. But if all you want to do is see what's in the file, they usually don't
[01:15:48.320 --> 01:15:53.440]  have any trouble with that. Now, I'm going to suggest that you go over to the police,
[01:15:54.240 --> 01:16:01.120]  whoever was the arresting agency, if it was a municipal police, or go to them and ask them.
[01:16:01.120 --> 01:16:06.240]  And they're probably going to make you do a formal records request. But they typically have the form
[01:16:06.240 --> 01:16:12.880]  for it right there. They just hand it to you and you fill in a few things and they'll get it back
[01:16:12.880 --> 01:16:18.800]  to you. And this is what I'm suggesting you get is all of the body cams, all of the...
[01:16:19.600 --> 01:16:25.360]  Every camera that they've got, you want to hear the audio from the dispatch when these officers
[01:16:25.360 --> 01:16:31.680]  were calling each other or asking you to have something looked up. You want all of that. And
[01:16:31.680 --> 01:16:37.760]  then in a separate records request, you want every shred of paper that they generated in the process
[01:16:37.760 --> 01:16:43.600]  of that encounter. And the reason you separate those requests is because the body cam one,
[01:16:43.600 --> 01:16:49.360]  they sometimes take longer to generate that. But yeah, you want to get everything they did.
[01:16:49.360 --> 01:16:56.560]  And that will help you to put your pieces together. We're going to go to our sponsors again and we'll
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[01:19:33.440 --> 01:19:38.880]  Okay, we are back. This is the rule of law radio. Randy Kelton. I'm Brett Fountain.
[01:19:39.600 --> 01:19:45.600]  And we're speaking with EJ in California right now. And I think we're just wrapping up, but I
[01:19:45.600 --> 01:19:50.000]  did want to just mention that to you about the records request. You've got these two different
[01:19:50.000 --> 01:19:56.960]  agencies you're going to to get records. One is about the case file. So you're going to the
[01:19:56.960 --> 01:20:03.840]  court clerk, right? You've already been interacting with them. And you're also going over to police
[01:20:03.840 --> 01:20:12.800]  records. And so is it a municipality that was involved there? Yes, it's a city police.
[01:20:12.800 --> 01:20:20.000]  Okay, so you're going to go to the police chief. And you can either do this in writing. You don't
[01:20:20.000 --> 01:20:24.880]  even have to show up anywhere. You just write to the police chief. You can email. You can fax.
[01:20:25.760 --> 01:20:32.480]  But address the chief. The chief will have somebody that he hires to help with that duty
[01:20:32.480 --> 01:20:39.360]  that he has. He has the duty to respond. Doesn't matter how many people he has working for him.
[01:20:39.360 --> 01:20:47.120]  You talk to him. You're the master. He's the servant. He has some people working for him.
[01:20:47.920 --> 01:20:54.960]  But you don't stoop to their level. You address the chief. Even if it's in person,
[01:20:54.960 --> 01:20:59.600]  you're there at the counter and they've got this, you know, all these walls and they're
[01:20:59.600 --> 01:21:03.120]  protecting themselves from the people and they've got these little, you know,
[01:21:03.120 --> 01:21:07.520]  silvered windows and all of that. Still, you're addressing the chief. You're talking.
[01:21:07.520 --> 01:21:12.720]  You're saying that you want to speak to the chief. Oh, he's not available. Whatever. So
[01:21:14.880 --> 01:21:21.280]  if you do this in writing, you're naming the chief and you're directing your records request
[01:21:21.280 --> 01:21:27.440]  to him. I guarantee you somebody else is going to answer it. But that's okay. You hit reply and you
[01:21:27.440 --> 01:21:33.120]  put that person down in the CC field and you talk to the chief again. You know, they say,
[01:21:33.120 --> 01:21:39.280]  well, I need clarification. Are you talking about whatever on how many years of video are you asking
[01:21:39.280 --> 01:21:46.560]  for? You know, and you say, no, I only asked for that one day. And at this time, at this location,
[01:21:47.200 --> 01:21:53.680]  oh, that's another thing. I found out that if you don't specify who's in the video,
[01:21:53.680 --> 01:21:59.440]  they tend to push back on that. So you say, I'm in the video. I'm the subject of the recording
[01:21:59.440 --> 01:22:06.320]  and the officers that the arresting officers at the time are also subjects of the recording.
[01:22:07.280 --> 01:22:11.280]  And you specify that in there and then they have nothing else to argue about.
[01:22:13.440 --> 01:22:19.840]  You know what's very strange in the city? They have no body camp. Only audio. It's only audio
[01:22:19.840 --> 01:22:27.040]  here. So I'll just ask for audio. Yeah, I even did a mud rock public record.
[01:22:27.040 --> 01:22:35.280]  Like what their, what their policy was. They have no body cams, only audio. So I got that
[01:22:36.240 --> 01:22:45.280]  email. This video is kind of strange. I know LA County does. They have all body camps,
[01:22:45.280 --> 01:22:50.000]  but here we're in Orange County and this is just city of Irvine. They don't have any
[01:22:50.000 --> 01:22:57.120]  body camp and it's all addresses. Yeah. That's okay. That'll still help you out because you
[01:22:57.120 --> 01:23:01.760]  lived it. You know, when you're hearing this, you will, you will place people and you will be able to
[01:23:03.440 --> 01:23:08.400]  recall exactly what happened and who was saying what. And oh, I thought they said that before
[01:23:08.400 --> 01:23:15.360]  this. Oh good. So it'll help you to put the pieces together. Oh yeah. It'll be very interesting
[01:23:15.360 --> 01:23:20.080]  because they'll be interviewing the accuser and all the witnesses. They say they were witnesses
[01:23:20.080 --> 01:23:31.920]  and so forth. Yes. Yeah. One more thing is, so email fact and should I mail certify to the police
[01:23:31.920 --> 01:23:37.360]  chief? What do you think that would be? I think it's unnecessary that you can. It wouldn't hurt
[01:23:37.360 --> 01:23:43.760]  anything. I just think it's, you know, you spend six or seven dollars for no particular reason.
[01:23:43.760 --> 01:23:50.000]  You could fax it to him and spend nothing. I like to use a system called faxzero.com.
[01:23:51.280 --> 01:23:56.720]  Some people I know are using humble fax. That's a, you pay a monthly, some low monthly fee for
[01:23:56.720 --> 01:24:03.120]  unlimited, but I don't send that many faxes and so faxzero has a limit and I just end up
[01:24:03.680 --> 01:24:09.200]  not ever usually quite hitting that limit. So that works out for me. You can take a look at
[01:24:09.200 --> 01:24:13.920]  either of those options if you wanted to send to him without having to incur the
[01:24:14.960 --> 01:24:19.280]  cost or the hassle of going to the post office and filling out the little green cards and things.
[01:24:20.960 --> 01:24:27.680]  Where can I take a look at someone's request for the incident, the day of the incident,
[01:24:27.680 --> 01:24:35.360]  so all the information from the police that they have? Where can I see a letter,
[01:24:35.360 --> 01:24:43.440]  or do you think, use some prudence? Well, I've recently posted some examples up on
[01:24:44.160 --> 01:24:50.640]  Alfon's Fajolos group. Oh, okay. Okay. Take a look. But it really doesn't matter. You can
[01:24:50.640 --> 01:24:56.800]  just say what you want and it doesn't matter how you say it really. These are electronic records
[01:24:56.800 --> 01:25:02.400]  and they have them and you want them. So say it any way you like, really.
[01:25:02.400 --> 01:25:12.400]  Okay. Got it. All right. Thank you so much, Brett. Sure. Yeah. I'll keep you posted. We'll keep
[01:25:12.400 --> 01:25:19.120]  you posted. Okay. Very good. Look forward to hearing some more good news. Thanks for calling.
[01:25:20.320 --> 01:25:27.760]  All right. And now we're going to go try this 541 number again. Good evening.
[01:25:27.760 --> 01:25:36.240]  Hello there. Can you hear me? Yes. All right. This is Ron, Brett. How are you doing there?
[01:25:37.280 --> 01:25:41.760]  Love hearing you talk about all these things. Oh, wonderful. I'm glad you called.
[01:25:42.560 --> 01:25:50.000]  I'm Jengas Ron on the chat on Telegram. Yes. I'm just putting the pieces together. Wonderful.
[01:25:50.000 --> 01:25:56.320]  Yeah. My way for Rachel. Yeah. So just a couple of little things to catch up on each either.
[01:25:56.320 --> 01:26:00.880]  So we have this little trespass matter. There's an old road that comes to our place here.
[01:26:01.760 --> 01:26:06.160]  It's been on my family forever. It's my whole life. I'll be 73 or a couple weeks.
[01:26:07.520 --> 01:26:12.800]  So these days I try to take over our easement to our property. They've done nothing but make our
[01:26:12.800 --> 01:26:17.760]  life hell since literally the day my dad died over this easement because they wanted our property
[01:26:17.760 --> 01:26:23.600]  back here and they just don't get to have it. So anyway, so I told them, I made it clear about
[01:26:23.600 --> 01:26:29.440]  this road. They recently, let's really amp things up. They sold this lot with the easement to their
[01:26:29.440 --> 01:26:37.520]  son for a dollar to actually live miles away. And so they've done this whole kind of complicated,
[01:26:37.520 --> 01:26:42.560]  this land use application to build a house about two thirds of the way up our easement and take
[01:26:42.560 --> 01:26:47.520]  over our easement for their use, which says there's absolutely no provision for the easement. It's
[01:26:47.520 --> 01:26:53.360]  clear in the language and on top of that, I was actually a living party to the creation
[01:26:53.360 --> 01:26:58.240]  of the easement, which is kind of a rare thing. I mean, unless it's a brand new easement or some
[01:26:58.240 --> 01:27:04.800]  kind. So anyway, so I made it clear. I mapped the thing. I showed it to them that they don't
[01:27:04.800 --> 01:27:09.760]  need our easement to do what they want to do. And they just ignored that nobody ever responded to it.
[01:27:09.760 --> 01:27:14.400]  Nobody rebotted it. I put it in after David's. So I went and drove on the road, which I've done for
[01:27:14.400 --> 01:27:23.360]  a year. And they decided to charge me with trespassing on your own easement. Well, not on my
[01:27:23.360 --> 01:27:28.880]  easement, but on this old road, which is somewhat parallel to the easement was at a little angle,
[01:27:29.440 --> 01:27:36.640]  but recorded road that was there long before the easement was created. And so anyway, the property
[01:27:36.640 --> 01:27:43.280]  is not signed. There's no, no, no trespassing signs. And I made it clear that this road is there
[01:27:43.280 --> 01:27:50.800]  and nobody said, no, it's not, but they didn't argue it at all. So I drove on it in this process
[01:27:50.800 --> 01:28:00.480]  and they decided to charge me with trespassing. So the curious thing is they got this sheriff
[01:28:00.480 --> 01:28:06.400]  to do this thing. Well, he cited a day that I did this trespassing. And it's just on the basic
[01:28:06.400 --> 01:28:18.880]  parking ticket form. And only he filled out the citation 10 days later. And this information
[01:28:18.880 --> 01:28:26.960]  is so scant. And so, you know, we went into the courthouse to take your advice and see what's
[01:28:26.960 --> 01:28:30.960]  in the file. And there's basically nothing in there. There's one charging instrument thing
[01:28:30.960 --> 01:28:40.160]  from the deputy, deputy DA, who, by the way, is the son of the head county attorney pushing this
[01:28:40.160 --> 01:28:47.360]  land use thing. Interesting. Yeah, it's just, it's absolutely just so crazy. The collusion
[01:28:47.360 --> 01:28:53.600]  and conspiracy of it all is off the chart. So this guy, besides, he's going to push it. So
[01:28:53.600 --> 01:28:58.480]  this thing literally has nothing on it. And you're talking about the information
[01:28:58.480 --> 01:29:04.640]  based on a complaint. Yes. So as far as I can tell, the only thing they have that
[01:29:04.640 --> 01:29:10.400]  they could be calling a complaint is this, you know, uniform citation ticket thing.
[01:29:11.680 --> 01:29:18.160]  Now, it's out there. A lot of times they want people to believe that the citation equals
[01:29:18.160 --> 01:29:23.200]  the complaint because that would make their lives a lot easier and more efficient to just
[01:29:23.200 --> 01:29:30.240]  railroad everybody through their system. But that's not what the law says. So a citation
[01:29:30.240 --> 01:29:34.960]  can't just automatically be a complaint. What we have, I don't know if you've got in Oregon
[01:29:35.680 --> 01:29:41.760]  a little loophole like this, but if somebody, if they can con you into entering a plea
[01:29:43.040 --> 01:29:48.080]  before they've come up with a charging instrument, then they don't have to come up
[01:29:48.080 --> 01:29:52.400]  with a charging instrument because it's kind of like you're saying, okay, don't worry about it.
[01:29:52.400 --> 01:29:57.520]  I know what you're talking about. Yeah, I did it or no contest or you've entered in some kind of a
[01:29:57.520 --> 01:30:05.760]  plea as if you recommend. Sorry, soft drink lovers. Even diet drinks can make you fat.
[01:30:05.760 --> 01:30:11.040]  A new study shows the diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:11.040 --> 01:30:16.080]  Dr. Catherine Albrecht, I'll be back in a moment with the scoop on supposedly skinny sodas.
[01:30:16.720 --> 01:30:22.240]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:22.240 --> 01:30:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.040 --> 01:30:32.320]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.320 --> 01:30:36.960]  Privacy, it's worth hanging on to. This public service announcement is brought to you by
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[01:30:45.680 --> 01:30:49.920]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:49.920 --> 01:30:55.840]  Wrong. Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.840 --> 01:31:01.040]  They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:01.040 --> 01:31:06.080]  than no soda at all. The study's authors say artificial sweeteners trigger the appetite,
[01:31:06.080 --> 01:31:11.600]  but unlike regular sugars, don't deliver anything to squelch it. Waking up hunger without satisfying
[01:31:11.600 --> 01:31:16.960]  it leads to cravings, which can result in a larger overall calorie intake. So use natural
[01:31:16.960 --> 01:31:21.120]  sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet
[01:31:21.120 --> 01:31:26.880]  stuff altogether and drink water instead. I'm Dr. Catherine Albrecht, more news and information
[01:31:26.880 --> 01:31:34.880]  at CatherineAlbrecht.com. This is Building 7, a 47-story skyscraper that fell on the afternoon
[01:31:34.880 --> 01:31:40.000]  of September 11. The government says that fire brought it down. However, 1500 architects and
[01:31:40.000 --> 01:31:44.480]  engineers have concluded it was a controlled demolition. Over 6,000 of my fellow service
[01:31:44.480 --> 01:31:48.400]  members have given their lives. And thousands of my fellow force responders are buying.
[01:31:48.400 --> 01:31:52.240]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer.
[01:31:52.240 --> 01:31:57.440]  I'm an Air Force pilot. I'm a father who lost his son. We are Americans, and we deserve the truth.
[01:31:57.440 --> 01:32:04.160]  Go to RememberBuilding7.org today. Rule of Law Radio is proud to offer the Rule of Law
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[01:32:12.560 --> 01:32:16.240]  Among those rights are the right to travel freely from place to place, the right to act in our own
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[01:33:28.160 --> 01:33:38.880]  Okay, we are back. This is the Rule of Law Radio, Randy Kelton. I'm Brad Fountain,
[01:33:39.600 --> 01:33:45.600]  and we are speaking with Ron in Oregon. And Ron, we were just talking about how the
[01:33:46.640 --> 01:33:54.560]  criminal complaint is what needs to support the information, a document called the Information
[01:33:54.560 --> 01:34:02.480]  Document. And they have to file both of them into the court together. Well, they get a chance to
[01:34:03.280 --> 01:34:11.840]  skip those steps if they can trick somebody into entering a plea on any other kind of just written
[01:34:11.840 --> 01:34:17.840]  notice. And so that's what typically happens, unfortunately. And that sounds like what you've
[01:34:17.840 --> 01:34:24.560]  got, right? You've got a citation. Yeah. And then in terms of the actual information,
[01:34:25.440 --> 01:34:31.760]  that is like a nearly blank piece of paper produced by this deputy DA
[01:34:34.720 --> 01:34:41.600]  that really has so little information on it that it's pretty crazy. And then, so what happened was
[01:34:41.600 --> 01:34:48.320]  I sent an affidavit, I sent it all the law, everything pertaining to this kind of a thing,
[01:34:49.600 --> 01:34:57.680]  well into dance. And in fact, I wrote across the citation like two days later that I refused
[01:34:57.680 --> 01:35:05.120]  to contract. And then why? I sent it in with an affidavit and served it on. And I said,
[01:35:05.120 --> 01:35:13.280]  sure, they didn't like that. But I just made it really clear. And so, since I had produced all
[01:35:13.280 --> 01:35:21.520]  this paperwork, I chose to not appear in person. And so then, of course, that triggers that arrest
[01:35:21.520 --> 01:35:29.200]  warrant, which is outstanding at the current time. But at the same time, we've tried to get some more
[01:35:29.200 --> 01:35:34.480]  of this information. And so they had a little number there that corresponds with some kind of
[01:35:34.480 --> 01:35:41.680]  a Sheriff's Department incident report, which the Sheriff's Department won't give us because
[01:35:41.680 --> 01:35:47.920]  they sent it to the DA. And so the DA has it and the court has it, but nobody is parting with this
[01:35:47.920 --> 01:35:55.440]  thing. Yeah. So we were talking about records request a little earlier. And in this situation,
[01:35:55.440 --> 01:36:00.640]  they've got a case against you. And it's a very common thing that they try to use an excuse of
[01:36:00.640 --> 01:36:07.600]  ongoing investigation. Right. And we're not going to give this to you because it's an ongoing
[01:36:07.600 --> 01:36:16.720]  investigation. Well, it's kind of a pain, but you can go ahead. Since they have a case, they say
[01:36:16.720 --> 01:36:23.040]  they have a case open. There's actually not been one that's lawfully commenced because they have
[01:36:23.040 --> 01:36:28.640]  to have proper paperwork for that. But that aside for the moment, they say they've got a case open.
[01:36:28.640 --> 01:36:35.600]  And so you can get at this information. You can get at this information. That's a special word,
[01:36:35.600 --> 01:36:43.520]  but you can get these records via discovery. And they will let you do that, even though
[01:36:44.160 --> 01:36:51.920]  there's not really a case, because they're pretending there's a case. Sure. And when
[01:36:51.920 --> 01:36:58.400]  something is available to you via discovery, it becomes unavailable to you via records request.
[01:36:59.520 --> 01:37:04.960]  Okay. Well, your neighbor could go down there and ask for those particular
[01:37:06.800 --> 01:37:12.720]  some some records. And your neighbor could get those because your neighbor is not a party to
[01:37:12.720 --> 01:37:18.320]  this case and can't get them via discovery. In this case, you're just you're going to go down
[01:37:18.320 --> 01:37:23.600]  there and say, you're going to put a discovery request. This is not to the court. Go ahead.
[01:37:24.880 --> 01:37:31.280]  I was saying my wife actually went and made that request. Would she be considered a party to this?
[01:37:32.160 --> 01:37:34.880]  Because it's a trespassing charge against me.
[01:37:36.560 --> 01:37:43.200]  I don't know if Oregon considers like one flesh, you and your wife, you can't
[01:37:43.200 --> 01:37:49.360]  be considered as two different people in law. I'm not sure how that looks in Oregon.
[01:37:50.160 --> 01:37:57.600]  Sure. But you could definitely get somebody. Maybe you've got a daughter-in-law or something.
[01:38:00.240 --> 01:38:04.640]  Somebody with a different name, maybe could just could make a request. But really,
[01:38:04.640 --> 01:38:10.160]  you could go in and make a discovery request on your own. Okay. And you reach out to the one
[01:38:10.160 --> 01:38:16.080]  that you know has the records. It doesn't matter if they're a party or if they're government official
[01:38:16.080 --> 01:38:29.520]  or what, you just reach out and say, I need these records for a case. And if they don't comply
[01:38:29.520 --> 01:38:35.680]  with it, cooperate with your request, then you go to the court and you ask the court,
[01:38:35.680 --> 01:38:40.240]  you move the court to compel cooperation with your discovery request.
[01:38:42.240 --> 01:38:45.360]  So that's how you would follow through on getting those records.
[01:38:45.360 --> 01:38:55.600]  Sure. Sure. So my assumption is that the sheriff who delivered this citation,
[01:38:55.600 --> 01:39:01.440]  he obviously didn't witness anything. Right. I mean, if he would have been out there and
[01:39:01.440 --> 01:39:06.000]  seen some horrendous crime like this taking place, he should have been read on it with that
[01:39:06.000 --> 01:39:12.000]  citation written there within the hour. So there had to be some kind of, you know,
[01:39:12.000 --> 01:39:19.680]  finagling that went on for 10 days before he somehow, you know, drew the short straw to come
[01:39:19.680 --> 01:39:25.280]  out and sort of this thing. So somehow there has to be some kind of a complaint from another party
[01:39:25.280 --> 01:39:33.120]  who feels that they were trespassed. Yes. The owner of the property is the one who can
[01:39:33.120 --> 01:39:39.520]  issue a trespass because the owner has to first give you notice that you need to leave their property.
[01:39:40.320 --> 01:39:49.200]  Right. Yeah. And so this, I would say that it's very likely that a vehicle I own was seen doing
[01:39:49.200 --> 01:39:57.440]  this, but there's no way that anybody could identify who would have been driving it. So
[01:39:57.440 --> 01:40:03.040]  it's a pretty big stretch, you know, all the way around. Plus it's not posted and there's no warning.
[01:40:03.040 --> 01:40:09.520]  And plus I had given in forewarning on the fact that it's a road. It is a road. So you can't,
[01:40:09.520 --> 01:40:18.960]  yeah, trespass somebody from the public area. That's a road. It turns out I found the old
[01:40:18.960 --> 01:40:26.640]  legislation and it was, you know, enacted back in 1902 where an old road that was used continuously
[01:40:26.640 --> 01:40:32.720]  by the public for a period of time of 10 years is automatically a public county road.
[01:40:34.000 --> 01:40:39.520]  And this thing, this road's qualifies in space. You know, well, one of these people were even
[01:40:39.520 --> 01:40:48.480]  around. Yeah. So, you know, all they've done is really secured proof that it's in fact a public
[01:40:48.480 --> 01:40:56.480]  county road, which is the last thing they want to hear. So anyway, so that was the only thing.
[01:40:56.480 --> 01:41:02.160]  Now we have this other business, all this civil proceeding stuff. And they've got this lawyer
[01:41:02.160 --> 01:41:07.760]  who's, you know, we've been before every judge here and they keep pushing this thing way back
[01:41:07.760 --> 01:41:14.480]  when the first judge decided that, you know, irregardless of the easement language and everything,
[01:41:14.480 --> 01:41:19.520]  we had to keep this gate closed at the end of our driveway. Now that's after they ripped out
[01:41:19.520 --> 01:41:24.480]  cattle guards and ripped out a fence along one whole side of the easement just to harass us.
[01:41:24.960 --> 01:41:30.080]  And they took out the cattle guard. The cattle guard is what was making the gate unnecessary.
[01:41:30.080 --> 01:41:34.480]  Why did they do that? Oh, yeah. There was a fence that the easement was fenced on both sides that
[01:41:34.480 --> 01:41:39.200]  even made the cattle guard unnecessary. But they ripped these things out just to be a payment.
[01:41:39.200 --> 01:41:44.400]  And somehow this judge decided that that was okay and that we would then have to close the gate
[01:41:45.120 --> 01:41:48.240]  every time we come and go and our guests. And by the way, there are no cattle.
[01:41:49.200 --> 01:41:54.640]  There's no livestock. There's no anything here. So all this stuff is totally, you know,
[01:41:54.640 --> 01:42:00.560]  totally a faulty judgment at the time. I was having a major health crisis. It's a whole
[01:42:00.560 --> 01:42:05.040]  other story. But, you know, so I was, my head was having a hard time doing it. And I was doing
[01:42:05.040 --> 01:42:09.200]  it myself. I hired a lawyer, paid a 10 grand, didn't have to stab me in the back. And then
[01:42:11.760 --> 01:42:18.640]  yeah, I'll never hire another one. But I mean, just unbelievable crap. So anyway,
[01:42:18.640 --> 01:42:23.200]  they do this stuff and then this just makes this decision. It's not based on any facts or any law.
[01:42:23.920 --> 01:42:29.680]  And I don't think they ever, in any of these cases, established jurisdiction.
[01:42:29.680 --> 01:42:37.040]  So I'm thinking that on some level here that these judgments, things that they have are void
[01:42:37.040 --> 01:42:43.520]  judgments. And there's probably a mechanism to have them all vacated when we...
[01:42:43.520 --> 01:42:46.880]  Yes, motion to set aside void judgment.
[01:42:48.880 --> 01:42:52.320]  Now, motion to set aside...
[01:42:52.320 --> 01:42:55.680]  To set aside void judgment.
[01:42:55.680 --> 01:42:59.520]  And that would...
[01:42:59.520 --> 01:43:04.400]  And then you would need to provide grounds for any motion, right? Whatever you're moving the court
[01:43:04.400 --> 01:43:09.200]  to do, you provide grounds for it. And so your grounds would be, you put some few bullet points
[01:43:09.200 --> 01:43:14.640]  down there and you would say that the court never acquired jurisdiction. So the court never had
[01:43:14.640 --> 01:43:21.040]  jurisdiction from the beginning. Have an issue. There was no jurisdiction. So it's void.
[01:43:21.040 --> 01:43:26.960]  That's what I'm thinking. So now, in the immediate sense, we got to serve these things
[01:43:26.960 --> 01:43:33.120]  yesterday. And it's a bunch of these same old things, only there's always a new twist.
[01:43:33.120 --> 01:43:42.640]  And so this shake has got us going on about four different case numbers for a peer regarding
[01:43:42.640 --> 01:43:50.400]  cause, you know, for attempt, because we're not playing with this game all the time.
[01:43:50.400 --> 01:43:55.360]  And so in the meantime, in the meantime, they sold this watch to the foot for a dollar.
[01:43:55.360 --> 01:43:59.040]  We're going to have to continue this on the other side of the sponsors. I'm sorry. We'll see you
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[01:45:15.760 --> 01:45:21.280]  a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should
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[01:46:25.840 --> 01:46:31.920]  All right, we are back. This is the rule of law radio, Randy Kelton. I'm Brett Fountain,
[01:46:32.560 --> 01:46:38.320]  and we're speaking right now with Ron in Oregon. Ron, you were telling us about how the
[01:46:39.200 --> 01:46:47.600]  neighbors are, sounds like just really harassing you with the commencing lots of cases, multiple
[01:46:47.600 --> 01:46:56.800]  things against you. We've got this shyster who files these things and cross-files stuff, so
[01:46:56.800 --> 01:47:08.240]  now we finally got served legitimately yesterday. We have one court date coming up on the 5th of
[01:47:08.240 --> 01:47:19.760]  August, which is next week, over some... We had an order to appear and show cause for why we
[01:47:19.760 --> 01:47:25.920]  shouldn't be found in contempt about this case business. But it gets tricky because they sold
[01:47:25.920 --> 01:47:33.040]  this lot to the son. The lawyer is trying to say, well, the son has all the same stuff behind
[01:47:33.040 --> 01:47:39.760]  what they're doing as they did, and so it doesn't really make any difference. I don't think so.
[01:47:39.760 --> 01:47:45.520]  The guy's also just trying to take over our easement and make life hell, which his parents
[01:47:45.520 --> 01:47:53.520]  live a mile away across the river. And for the last... Since we've lived here, they drive over
[01:47:53.520 --> 01:48:00.800]  multiple times a day and mess with our gate and threaten and intimidate UPS, FedEx people,
[01:48:00.800 --> 01:48:08.160]  harass people coming and going, and they're in their 80s in the gut. That's a crime in itself.
[01:48:08.160 --> 01:48:13.760]  It absolutely is a harassment, and that's why we're... I mean, harassing the delivery people,
[01:48:13.760 --> 01:48:20.000]  that's a crime too. So you've got a really good answer when you go to this show cause hearing.
[01:48:20.000 --> 01:48:25.840]  You've got a really good answer why you should not be found in contempt. And if I were you,
[01:48:25.840 --> 01:48:31.520]  I'd put in a cross, I mean, a counter claim as well. That's the problem. At some point,
[01:48:32.320 --> 01:48:37.120]  the way I'm trying to get here now is that we have these things. We have a court date for
[01:48:37.120 --> 01:48:40.640]  90 minutes on the phone to go over this step, which is absolutely impossible.
[01:48:42.400 --> 01:48:48.000]  And then another phone thing on the 12th, and they split things up. They're filing stuff against
[01:48:48.000 --> 01:48:52.880]  Rachel, and then separately against me, and somehow all this stuff really needs to be
[01:48:52.880 --> 01:48:58.800]  put in one little basket as whatever their complaint is. Because I mean, it's like
[01:48:59.840 --> 01:49:04.320]  totally confusing to the court and to everyone, and the paper just keeps stacking up.
[01:49:05.200 --> 01:49:12.240]  So how many bar grievances have you seen against this guy that's doing frivolous documents here?
[01:49:12.960 --> 01:49:15.520]  Frivolous pleadings are... Sorry, go ahead.
[01:49:16.240 --> 01:49:22.160]  Yeah, not nearly enough. I mean, probably just a couple over the years. And it's been just recently
[01:49:22.160 --> 01:49:26.320]  that we've done more. But his whole law pleads it too. Yeah.
[01:49:26.320 --> 01:49:32.320]  Yeah. Yeah, his law firm, everybody that works for his law firm ought to be
[01:49:33.200 --> 01:49:38.240]  just drowning in bar grievances. They'll pull him off. You won't have to.
[01:49:39.200 --> 01:49:46.960]  The perjury and the perjury of his clients and all these false declarations is just so far off
[01:49:46.960 --> 01:49:53.600]  the chart. It's so far from the truth that it's crazy. And he writes all these things up, and he
[01:49:53.600 --> 01:50:01.600]  writes all these documents up that he's testifying himself, which actually is, with no personal
[01:50:01.600 --> 01:50:07.680]  knowledge or percent knowledge or anything. So anyway, is there some way that we can request
[01:50:07.680 --> 01:50:14.000]  that the court put these things all together? One, or do we have to deal with it?
[01:50:14.000 --> 01:50:20.960]  Yes. No, you can bring them all together. I'm trying to remember if that's called the jointer.
[01:50:22.080 --> 01:50:26.240]  There's something that collapses them all together and saying these are actually all
[01:50:26.240 --> 01:50:32.160]  the same case. And judges appreciate when you do that because judicial efficiency,
[01:50:32.160 --> 01:50:37.440]  if they deal with one thing and then they've taken four things off their docket, they like that.
[01:50:37.440 --> 01:50:47.840]  Yeah. And then, so I think we could, would that be a motion to join these things? Yeah.
[01:50:47.840 --> 01:50:54.800]  And then we have the matter of 90 minutes on the telephone to deal with this stuff.
[01:50:54.800 --> 01:51:05.120]  How do you present evidence to video and photo? That doesn't allow for 10% of the time for the
[01:51:05.120 --> 01:51:15.680]  lying. Yeah, that sounds pretty unreasonable. We have to join them together and get it moved out
[01:51:15.680 --> 01:51:21.760]  to a proper date. Now, we also have the problem that we have every judge, we've been before them
[01:51:21.760 --> 01:51:27.680]  all now, the bias of the judges. They've played on, they've created, they've built it
[01:51:29.040 --> 01:51:34.320]  from day one. And like I've literally caught at the beginning, caught this lawyer in the
[01:51:34.320 --> 01:51:42.720]  judge's chambers having meetings with him. And this is kind of how he operates. He goes in there
[01:51:42.720 --> 01:51:49.920]  and does all this ex parte stuff and creates this atmosphere of they don't have anything
[01:51:49.920 --> 01:51:53.440]  to do with the court case at that point, doesn't have anything to do with the facts of the law
[01:51:53.440 --> 01:52:00.560]  or anything. So yeah, that goes to judicial misconduct complaint and it also goes to a criminal
[01:52:00.560 --> 01:52:07.920]  complaint. It goes to a motion for judicial disqualification. When you move a court to disqualify
[01:52:07.920 --> 01:52:18.160]  the judge for bias, the judge can't do anything else. You've just stopped everything in the
[01:52:18.160 --> 01:52:24.640]  proceedings. So if you go in there with something extremely reasonable, like you need to dismiss
[01:52:24.640 --> 01:52:30.560]  this case because it was never properly commenced. This court did not acquire jurisdiction because
[01:52:30.560 --> 01:52:37.040]  of defective service of process. So you've got the service of process, which is you get the
[01:52:37.040 --> 01:52:41.600]  process itself. That's the legal paperwork that they're going to present to you. Sometimes that's
[01:52:41.600 --> 01:52:48.880]  defective. But then the notice, if they didn't give you enough notice and Oregon rules say they have
[01:52:48.880 --> 01:52:56.400]  to have X amount of days, well then how about that? So they're serving it to you right now
[01:52:56.400 --> 01:53:02.480]  and expecting you to show up on the 5th of August. I'm sorry, there's no 30 days you can fit in there
[01:53:02.480 --> 01:53:07.920]  that is insufficient service of process. So the court can't acquire jurisdiction that way.
[01:53:08.720 --> 01:53:14.960]  There's nothing for the court to hear. So you bring this to the court's attention,
[01:53:14.960 --> 01:53:22.640]  the judicial notice and a motion to dismiss. And if the judge wants to do anything else like,
[01:53:22.640 --> 01:53:26.880]  oh well, we're going to go ahead and looks like you've got the notice now and here you are,
[01:53:26.880 --> 01:53:32.480]  we're just going to go ahead and do this. Your Honor, I move for your immediate disqualification.
[01:53:33.520 --> 01:53:40.720]  Yeah. Well, the judge, there isn't a judge that we can't disqualify in this county.
[01:53:40.720 --> 01:53:47.360]  Well, that's their problem, not yours. Yeah. And we have what we have lacked in
[01:53:47.360 --> 01:53:52.560]  Bargain with us, we have more than compensated for with judicial complaints.
[01:53:58.560 --> 01:54:07.760]  There's the stuff that they do, it's really quite shocking. But so now we just have papers
[01:54:07.760 --> 01:54:13.120]  Rachel was in yesterday after we got served, she was on her way to town,
[01:54:13.120 --> 01:54:18.800]  Memphis Sheriff at the end of her driveway. She was going in to, oh, because we have
[01:54:19.520 --> 01:54:24.240]  filed a bunch of documents. And then it's like three or four days later, we get a phone call
[01:54:24.240 --> 01:54:28.320]  from the court saying, well, we've got these things, but we can't, we're not going to file
[01:54:28.320 --> 01:54:34.880]  them in the case because the fees haven't been paid. So Rachel went in yesterday to pay
[01:54:34.880 --> 01:54:39.760]  the fees that they're asking for for stuff that was filed like within the last week.
[01:54:40.320 --> 01:54:46.720]  And they tell her, okay, well, it'll probably be three or four days before we get these things
[01:54:46.720 --> 01:54:53.200]  into the file. So now we're getting down to like two days from the hearing date.
[01:54:55.600 --> 01:55:01.040]  So how do we go down and file more motions than expect them to get there in time?
[01:55:01.040 --> 01:55:08.640]  Well, when you've served them for filing and they don't file them right then,
[01:55:10.480 --> 01:55:16.640]  that's a dereliction of their duty. They have a duty to file it. They can't just say it'll
[01:55:16.640 --> 01:55:20.800]  take us a few days, we might get around to it. No, they need to file it right now.
[01:55:22.240 --> 01:55:27.760]  And I'm curious about this fees. If it's a case that you're a party to,
[01:55:27.760 --> 01:55:34.960]  why would there be any filing fees? Yeah, and when you're the defendant of it,
[01:55:36.400 --> 01:55:41.760]  I mean, they just did in Grachael for $111 and they come up with different numbers all the time.
[01:55:41.760 --> 01:55:47.200]  They make some schedules, it's all very vague. First they called it was like 200 something and
[01:55:47.200 --> 01:55:51.600]  then she calls the next day and said, well, there's the one at the 111 and this one's 111.
[01:55:51.600 --> 01:56:01.760]  And then Rachel went in and it was like 281 plus 111 and 111. And they're like waiting to defend
[01:56:01.760 --> 01:56:10.640]  ourselves. So that's a big question there too. Sounds like quite a systems standard, doesn't it?
[01:56:10.640 --> 01:56:18.560]  I will say that the, just a little side note here about the attorneys, I'm noticing that
[01:56:18.560 --> 01:56:26.400]  bar grievances as powerful as they are, it seems like they are less effective at somebody who's a
[01:56:26.400 --> 01:56:32.320]  county attorney or a district attorney. They still get irritated and it's still, you know,
[01:56:32.320 --> 01:56:40.480]  I'm sure embarrasses them. However, the normal effect that we have with bar grievances,
[01:56:40.480 --> 01:56:52.480]  which is just the raising of an insurance premium, that gets borne by taxpayers. So
[01:56:53.360 --> 01:56:57.920]  they don't feel it in the same way. I know that they're political people and they get really,
[01:56:58.960 --> 01:57:06.960]  they get affected in embarrassment around the office and so forth. But it seems that
[01:57:06.960 --> 01:57:14.480]  criminal complaints are a stronger move for those guys. Yeah. Oh, we're dying to, you know,
[01:57:14.480 --> 01:57:18.560]  to get rolling on the criminal complaints because there's no shortage of raw material.
[01:57:19.520 --> 01:57:26.800]  Oh man, yeah. And bringing frivolous complaints to a court is a big deal.
[01:57:26.800 --> 01:57:37.520]  Yeah. Okay. Well, I think I've got a little picture here how to approach this. I guess,
[01:57:38.400 --> 01:57:48.400]  do I want to even try to file papers before this hearing or deal with it on the phone
[01:57:48.400 --> 01:57:54.000]  at the beginning of the thing and I request a dismiss and disqualify the judge and everything?
[01:57:54.000 --> 01:57:58.080]  I would go ahead and put it in writing and there's a chance that when you get on the phone,
[01:57:58.080 --> 01:58:02.080]  they've got people muted and they won't let you talk and that's a trick that they've been
[01:58:02.080 --> 01:58:07.280]  pulling lately on, you know, they get people on Zoom or some WebEx thing and they just don't let
[01:58:07.280 --> 01:58:14.560]  you talk. Yeah. We had some stuff, we've been assaulted at our gate to our own home by these
[01:58:14.560 --> 01:58:19.760]  people, you know, and they're trying to put up, make it sound like we're harassing them and stuff,
[01:58:19.760 --> 01:58:27.200]  but they're giving us all the language to flip it on them. But oh, what was that going with that?
[01:58:28.960 --> 01:58:35.280]  These, I lost my train of thought there. You're saying you know where to go with the criminal
[01:58:35.280 --> 01:58:44.480]  complaints now and there's no shortage of material? Yeah. Yeah. So. Okay. Well, think about it. We're
[01:58:44.480 --> 01:58:51.840]  about to go to our sponsors and we'll just, we'll be right back. The Bible remains the most
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