[00:00.000 --> 00:05.720]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.720 --> 00:09.400]  They guarantee the specific freedoms Americans should know and protect.
[00:09.400 --> 00:10.880]  Our liberty depends on it.
[00:10.880 --> 00:14.800]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.800 --> 00:16.920]  your First Amendment rights.
[00:16.920 --> 00:18.520]  Privacy is under attack.
[00:18.520 --> 00:22.120]  When you give up data about yourself, you'll never get it back again.
[00:22.120 --> 00:26.880]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:26.880 --> 00:32.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.040 --> 00:33.040]  Privacy.
[00:33.040 --> 00:34.640]  It's worth hanging on to.
[00:34.640 --> 00:38.920]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.920 --> 00:42.460]  engine alternative to Google, Yahoo, and Bing.
[00:42.460 --> 00:44.920]  Start over with Startpage.
[00:44.920 --> 00:46.500]  Spar.
[00:46.500 --> 00:47.740]  It's what fighters do.
[00:47.740 --> 00:51.200]  It's also how I remember the five guarantees of the First Amendment.
[00:51.200 --> 00:54.440]  If you plan to take away my rights, I'm going to spar with you.
[00:54.440 --> 00:56.480]  S-P-A-R with an extra P.
[00:56.480 --> 01:02.840]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:02.840 --> 01:06.920]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.920 --> 01:10.800]  assembly, and religion, but petition for redress is another matter.
[01:10.800 --> 01:14.520]  We have the right to petition the government for a redress of grievances.
[01:14.520 --> 01:18.040]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.040 --> 01:20.640]  the reasons without fear of being thrown into jail.
[01:20.640 --> 01:22.680]  I'm Dr. Catherine Albrecht.
[01:22.680 --> 01:31.120]  More news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.800]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.800 --> 01:38.240]  They guarantee the specific freedoms Americans should know and protect.
[01:38.240 --> 01:39.720]  Our liberty depends on it.
[01:39.720 --> 01:43.620]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.620 --> 01:46.760]  one of your constitutional rights.
[01:46.760 --> 01:48.360]  Privacy is under attack.
[01:48.360 --> 01:51.960]  When you give up data about yourself, you'll never get it back again.
[01:51.960 --> 01:56.720]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.720 --> 02:01.880]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.880 --> 02:04.480]  Privacy, it's worth hanging on to.
[02:04.480 --> 02:08.760]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.760 --> 02:12.320]  engine alternative to Google, Yahoo, and Bing.
[02:12.320 --> 02:15.880]  Start over with StartPage.
[02:15.880 --> 02:20.240]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.240 --> 02:22.320]  of Rights in a big old bear hug.
[02:22.320 --> 02:26.800]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.800 --> 02:30.680]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.680 --> 02:31.680]  Get it?
[02:31.680 --> 02:32.680]  Two arms?
[02:32.680 --> 02:33.680]  Bear hug?
[02:33.680 --> 02:34.680]  Bear arms?
[02:34.680 --> 02:37.560]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.560 --> 02:38.800]  when he said,
[02:38.800 --> 02:43.760]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.760 --> 02:48.840]  one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.840 --> 02:50.600]  has proved to always be possible.
[02:50.600 --> 02:52.480]  I'm Dr. Catherine Albrecht.
[02:52.480 --> 03:19.360]  More news and information at CatherineAlbrecht.com.
[03:22.480 --> 03:51.920]  Okay.
[03:51.920 --> 03:52.920]  We are back.
[03:52.920 --> 04:02.880]  Randy Kelton, Brett Fountain, Rule of Law Radio on this Friday.
[04:02.880 --> 04:03.880]  Brett screwed me up.
[04:03.880 --> 04:04.880]  It's all his fault.
[04:04.880 --> 04:08.320]  He kept telling me it's 2024, just to mess me up.
[04:08.320 --> 04:11.600]  Okay, Brett, Brett, you got me.
[04:11.600 --> 04:17.040]  Friday, September the 15th, 2023.
[04:17.040 --> 04:23.960]  Okay, I call in number 512-646-1984.
[04:23.960 --> 04:26.080]  We have some empty room on the board.
[04:26.080 --> 04:29.360]  So if you have a question or comment, give us a call.
[04:29.360 --> 04:33.880]  Okay, now we're going to go to Teresa in California.
[04:33.880 --> 04:36.920]  Teresa, what have you been up to?
[04:36.920 --> 04:44.360]  Hi, Randy, yeah, I have some pretty big news and I wanted to find out from you guys what
[04:44.360 --> 04:46.760]  I should do with it.
[04:46.760 --> 04:53.280]  So you know that I got arrested by the same police department here in California.
[04:53.280 --> 04:58.160]  I've been arrested twice by them and I'm suing them.
[04:58.160 --> 05:06.920]  And this past Wednesday, I was pulled over by one of their police officers for an expiry
[05:06.920 --> 05:07.920]  registration.
[05:07.920 --> 05:08.920]  Again.
[05:08.920 --> 05:09.920]  Pardon me?
[05:09.920 --> 05:10.920]  Again.
[05:10.920 --> 05:11.920]  Yeah, again.
[05:11.920 --> 05:15.320]  And this was for expired registration.
[05:15.320 --> 05:20.400]  And I asked if the papers that I was going to present to him could be used against me
[05:20.400 --> 05:21.880]  in a court of law.
[05:21.880 --> 05:26.880]  I stated I wanted to remain silent and I wanted an attorney.
[05:26.880 --> 05:34.680]  And within one minute, the officer threatened that he was going to pull me out of the car,
[05:34.680 --> 05:39.240]  arrest me, and then impound the car.
[05:39.240 --> 05:42.440]  And I said, okay, you know, I'd like an attorney.
[05:42.440 --> 05:44.280]  I want to remain silent.
[05:44.280 --> 05:47.360]  I'd like your supervisor.
[05:47.360 --> 05:52.040]  And I asked for his supervisor, I think it was five times.
[05:52.040 --> 05:55.240]  And he said, I'm not going to get a supervisor for you.
[05:55.240 --> 06:01.880]  And then he reached down on to the handle of my car and tried to open my door.
[06:01.880 --> 06:03.560]  And I had locked it.
[06:03.560 --> 06:10.800]  So at that point, it had gone aggressive quite quickly.
[06:10.800 --> 06:16.840]  And I said, I would give you my driver's license and registration under duress.
[06:16.840 --> 06:21.520]  And incidentally, he is one of the officers that I'm already suing.
[06:21.520 --> 06:27.080]  So after he got my license, yeah, it's really juicy.
[06:27.080 --> 06:30.520]  And I said, don't you know who I am?
[06:30.520 --> 06:33.160]  He said, I don't know who you are.
[06:33.160 --> 06:41.120]  And then once he ran my license, I think both of them got the clue that they had picked
[06:41.120 --> 06:43.120]  the hornet's nest.
[06:43.120 --> 06:49.680]  And after he threatened, I think it was four or five times that he was going to arrest
[06:49.680 --> 06:55.680]  me, impound the car, and then I was turning a minor traffic infraction into a misdemeanor
[06:55.680 --> 06:58.120]  criminal charge.
[06:58.120 --> 07:02.200]  And then he came back over and he was, oh, well, we're just going to give you a warning
[07:02.200 --> 07:03.200]  for that.
[07:03.200 --> 07:04.200]  Funny how that works.
[07:04.200 --> 07:05.200]  Funny how that works.
[07:05.200 --> 07:06.200]  Yeah.
[07:06.200 --> 07:15.400]  Oh, wouldn't you like to hear what was happening in that car, but what they were saying when
[07:15.400 --> 07:18.400]  they went back to figure out who you are.
[07:18.400 --> 07:21.400]  Oh, no, it's her.
[07:21.400 --> 07:22.400]  That's right.
[07:22.400 --> 07:23.400]  That's right.
[07:23.400 --> 07:29.400]  And so I was in the position again where I thought I was going to go to jail.
[07:29.400 --> 07:37.600]  It happened to me in court a couple of months ago, and then I'm able to walk away free.
[07:37.600 --> 07:42.520]  And so at this point, what should I do?
[07:42.520 --> 07:44.960]  Wait, wait, hold on.
[07:44.960 --> 07:48.720]  I know that I should be filing criminal complaints.
[07:48.720 --> 07:50.480]  Should I be filing torts?
[07:50.480 --> 07:55.760]  Should I add it to the previous lawsuit, the existing one?
[07:55.760 --> 07:56.760]  Does it help with Monell?
[07:56.760 --> 08:04.680]  If you guys can kind of fill in the blanks there for me on that.
[08:04.680 --> 08:08.200]  Depends on what you want to do.
[08:08.200 --> 08:17.520]  I like the idea of suing them and get them for a relatively small amount and get them
[08:17.520 --> 08:21.440]  to write you a check.
[08:21.440 --> 08:27.560]  He threatened you specifically because you exercised your right.
[08:27.560 --> 08:28.560]  Exactly.
[08:28.560 --> 08:31.560]  Are you trying to do something?
[08:31.560 --> 08:32.560]  Yeah.
[08:32.560 --> 08:38.560]  Oh, and I could also explain to you guys that after he escalated it, I said, OK, I'll give
[08:38.560 --> 08:39.560]  you my papers.
[08:39.560 --> 08:43.760]  I just want to make certain that I understand what's happening.
[08:43.760 --> 08:49.280]  If I do not violate, and you guys are going to like this too, I said, if I do not violate
[08:49.280 --> 08:54.440]  my Fourth Amendment right to be secure in my person's house as papers and as facts,
[08:54.440 --> 08:57.000]  then you are going to pull me out of the car and arrest me.
[08:57.000 --> 09:02.160]  And he goes, I don't know what you're watching on YouTube, but that's not how this works.
[09:02.160 --> 09:05.120]  So this guy doesn't even know what the Fourth Amendment is.
[09:05.120 --> 09:06.120]  Oh, goodness.
[09:06.120 --> 09:07.120]  He's clueless.
[09:07.120 --> 09:08.120]  Clueless.
[09:08.120 --> 09:16.600]  And I said, and you're going to force me to violate my right to remain silent, and you're
[09:16.600 --> 09:18.800]  not going to get me an attorney.
[09:18.800 --> 09:21.840]  Am I understanding what's happening here?
[09:21.840 --> 09:26.200]  And the officer said, yeah, if you don't give me those papers, I'm going to arrest you.
[09:26.200 --> 09:31.760]  I said, as long as you did use, and there were actually two of them there.
[09:31.760 --> 09:36.240]  One of the guys that I sued and some new chick.
[09:36.240 --> 09:41.000]  So I did get them to admit that he didn't say, yes, I'm going to violate.
[09:41.000 --> 09:44.720]  But he agreed that that's what he was doing.
[09:44.720 --> 09:47.720]  So OK.
[09:47.720 --> 09:55.280]  Excuse me, I'm having a little throat issue.
[09:55.280 --> 09:56.280]  No problem.
[09:56.280 --> 10:06.840]  I don't think that this helps with Monel because there's nothing in there that demonstrates
[10:06.840 --> 10:15.480]  a pattern of the office or the agency that they just always do this.
[10:15.480 --> 10:19.520]  Everything he did is something that a jury would say, oh, my goodness.
[10:19.520 --> 10:25.520]  And so it doesn't stand out as something that would help with Monel, but it does seem like
[10:25.520 --> 10:28.240]  Monel goes to policy.
[10:28.240 --> 10:34.880]  It's not like he's following a specific municipal policy, right?
[10:34.880 --> 10:35.880]  He's just being annoyed.
[10:35.880 --> 10:43.640]  How about in the aggregate that they've now arrested me twice and then they're threatening
[10:43.640 --> 10:51.720]  and harassing me a third time, does that not show a pattern?
[10:51.720 --> 10:58.600]  If you didn't have anything wrong with your stickers or your signage on your car, the
[10:58.600 --> 11:04.920]  plates, if everything was up to date and they still did that, then you could clearly say
[11:04.920 --> 11:10.520]  this is retaliation specifically because I'm suing them.
[11:10.520 --> 11:12.040]  They're harassing me.
[11:12.040 --> 11:16.760]  This guy is a defendant and he's coming and just harassing me just because.
[11:16.760 --> 11:25.040]  But since you said that he pulled you over for, what was it, expired something?
[11:25.040 --> 11:27.240]  Expired registration.
[11:27.240 --> 11:28.680]  Registration.
[11:28.680 --> 11:31.880]  So then that gives him sort of an excuse.
[11:31.880 --> 11:36.240]  It doesn't look as much like retaliation when, well, shoot, I'm just doing my job.
[11:36.240 --> 11:38.080]  I find expired stuff.
[11:38.080 --> 11:40.840]  I got to give them a ticket or at least a warning.
[11:40.840 --> 11:42.760]  To do that, I got to pull them over.
[11:42.760 --> 11:50.440]  So then it kind of, it neuters your ability to say that that's retaliation.
[11:50.440 --> 11:54.800]  How long have your plates been expired?
[11:54.800 --> 12:00.080]  November of 2022.
[12:00.080 --> 12:06.400]  How many times have you been pulled over for those expired plates?
[12:06.400 --> 12:08.640]  That was the first time.
[12:08.640 --> 12:17.000]  So you've been driving around these expired plates since November of last year and nobody
[12:17.000 --> 12:20.840]  pulls you over because of it until you filed.
[12:20.840 --> 12:23.520]  You made noises.
[12:23.520 --> 12:26.160]  Have you filed the suit yet or are you preparing to?
[12:26.160 --> 12:32.000]  No, it's already filed and I'm in the middle of amending the complaints and oppositions
[12:32.000 --> 12:33.000]  and all that stuff.
[12:33.000 --> 12:35.920]  Yeah, I filed it in June of 2022.
[12:35.920 --> 12:42.680]  Okay, so it wasn't until you filed suit that they started pulling you over for it.
[12:42.680 --> 12:46.200]  Now he's going to say that didn't have anything to do with it.
[12:46.200 --> 12:48.360]  I didn't know anything about it.
[12:48.360 --> 12:50.480]  I just pulled you over because you had expired plates.
[12:50.480 --> 12:51.740]  No, he didn't.
[12:51.740 --> 12:54.960]  You pulled me over to retaliate against me.
[12:54.960 --> 13:00.560]  Let him prove he didn't.
[13:00.560 --> 13:01.560]  It doesn't matter.
[13:01.560 --> 13:07.200]  You know, we talk about how corrupt the courts are and at the end of the day, it doesn't
[13:07.200 --> 13:10.240]  matter what the courts rule.
[13:10.240 --> 13:17.920]  If you set your case up right, you set it up so you cost them a lot of money to fight
[13:17.920 --> 13:21.360]  you.
[13:21.360 --> 13:25.080]  And then you say, let's make a deal.
[13:25.080 --> 13:26.080]  And what do you do?
[13:26.080 --> 13:30.380]  You get the suit filed and you run the routine on them.
[13:30.380 --> 13:36.680]  When their lawyer files a response, you find a reason to bar-grieve him, maybe two or three
[13:36.680 --> 13:37.680]  times.
[13:37.680 --> 13:38.680]  Okay.
[13:38.680 --> 13:42.520]  You file judicial conduct complaints against the judge at every opportunity.
[13:42.520 --> 13:46.920]  You file professional conduct complaints against the police officers.
[13:46.920 --> 13:50.880]  Just make a nuisance of yourself.
[13:50.880 --> 13:56.960]  Make them want to come to the table, write you a check and get you to go away and leave
[13:56.960 --> 13:57.960]  him alone.
[13:57.960 --> 13:58.960]  Okay.
[13:58.960 --> 14:06.520]  Are you then suggesting that this would be like, what is it, unlimited civil case?
[14:06.520 --> 14:14.280]  Or am I filing torts or what, claims or what?
[14:14.280 --> 14:21.600]  You can file a here if you have, you can file a motion for sanctions, accusing them of retaliation.
[14:21.600 --> 14:28.880]  Now you won't get sanctions, but they'll have to write a response to it.
[14:28.880 --> 14:39.600]  And then you file a petition for rhythm and damas or a interlocutory appeal, drag them
[14:39.600 --> 14:44.900]  out of their court into a higher court, demonstrate to them you're going to give them a good fight
[14:44.900 --> 14:48.280]  and then say, let's make a deal.
[14:48.280 --> 14:50.920]  Write me a check and I'll go home and leave you alone.
[14:50.920 --> 14:56.520]  At the end of the day for them, it's not about the right of things to the rule of law.
[14:56.520 --> 14:59.120]  It's about dollar flow.
[14:59.120 --> 15:03.640]  When they come after you, it's dollar flow in.
[15:03.640 --> 15:07.880]  When you go after them, it's dollar flow out.
[15:07.880 --> 15:12.680]  And they're going to want to limit it as much as possible.
[15:12.680 --> 15:16.040]  Forget about winning at the end of the day.
[15:16.040 --> 15:21.520]  Oh, there's a remote possibility you could.
[15:21.520 --> 15:30.160]  But what is most likely is they'll make you a deal.
[15:30.160 --> 15:37.840]  So play the whole suit is about how can I get these guys to come to want to come to
[15:37.840 --> 15:41.160]  the table and make a deal.
[15:41.160 --> 15:43.720]  OK.
[15:43.720 --> 15:49.240]  And you're talking specifically about this incident that happened on Wednesday and not
[15:49.240 --> 15:51.720]  or you're applying it for both.
[15:51.720 --> 16:00.120]  Yeah, this is something and claim in your suit that they did this to harass you.
[16:00.120 --> 16:04.440]  Now the other side is going to be sitting there looking at this and say, this is just
[16:04.440 --> 16:12.360]  a random run of the mill, ordinary police stop.
[16:12.360 --> 16:17.120]  This is likely to happen again and again, and she's going to come in here every time
[16:17.120 --> 16:22.160]  and jump up and down, wave her arms and rail and righteous indignation.
[16:22.160 --> 16:24.600]  We're going to have to write pleadings.
[16:24.600 --> 16:30.560]  And the judge is likely to get tired of this and rule against us.
[16:30.560 --> 16:42.320]  Making nuisance of yourself, OK, makes it a lot more fun.
[16:42.320 --> 16:47.400]  When I gave those complaints to that magistrate, he said he wasn't going to take them because
[16:47.400 --> 16:49.880]  I wasn't a lawyer.
[16:49.880 --> 16:50.880]  Didn't hurt my feelings.
[16:50.880 --> 16:51.880]  Oh, yeah.
[16:51.880 --> 16:52.880]  You're going to wish you hadn't done that.
[16:52.880 --> 16:53.880]  Hang on.
[16:53.880 --> 16:54.880]  We'll be right back.
[16:54.880 --> 17:05.440]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[17:38.800 --> 17:40.920]  Financial consultation is available as well.
[17:40.920 --> 17:46.480]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[17:46.480 --> 17:49.440]  or email michaelmears at yahoo.com.
[17:49.440 --> 17:58.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:58.440 --> 18:01.800]  collectors now.
[18:01.800 --> 18:04.560]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[18:04.560 --> 18:06.960]  In today's America, we live in an us against them society.
[18:06.960 --> 18:10.240]  And if we, the people, are ever going to have a free society, then we're going to have to
[18:10.240 --> 18:12.360]  stand and defend our own rights.
[18:12.360 --> 18:15.560]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.560 --> 18:19.600]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.600 --> 18:23.440]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.440 --> 18:24.880]  our rights through due process.
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[18:28.800 --> 18:32.580]  most comprehensive teaching tool available that will help you understand what due process
[18:32.580 --> 18:34.960]  is and how to hold courts to the rule of law.
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[18:50.400 --> 18:54.360]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.360 --> 18:58.840]  Order your copy today, and together we can have the free society we all want and deserve.
[18:58.840 --> 19:06.240]  If you are listening to the Logos Radio Network, logosradionetwork.com.
[19:06.240 --> 19:18.560]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad
[19:18.560 --> 19:42.280]  mind people hurt you until Satan get behind you, Norman, my friend, and all of your children.
[19:42.280 --> 19:58.400]  I am the king, man, he is everything, he's everything to me, that's why I call him,
[19:58.400 --> 20:24.120]  man, he's everything to me, that's why I call him, man, he's everything to me, that's why
[20:24.120 --> 20:45.120]  I call him, man, he's everything to me, that's why I call him, man, he's everything to me,
[20:45.120 --> 21:01.640]  that's why I call him, man, he's everything to me, that's why I call him, man, he's
[21:01.640 --> 21:18.880]  everything to me, that's why I call him, man, he's everything to me, that's why I call him,
[21:18.880 --> 21:24.640]  they'll fix it because they're reasonable human beings. Well that didn't work.
[21:24.640 --> 21:31.040]  They got cognitive dissonance. Everybody's doing it this way and you're
[21:31.040 --> 21:36.640]  telling me it's wrong. Well I just can't accept that everybody's wrong and you're
[21:36.640 --> 21:41.560]  right. So that didn't work out. So then we started running a routine on them,
[21:41.560 --> 21:46.280]  filed criminal charges against them. Well that really got their attention and got
[21:46.280 --> 21:52.760]  them PO'd but it didn't change anything. Well it changes the way they behave to
[21:52.760 --> 22:00.160]  the one who's holding them accountable. Yeah. Like Theresa. Yeah. One way or
[22:00.160 --> 22:06.120]  another it changes their behavior. It didn't fix anything. Yeah. And there was
[22:06.120 --> 22:12.640]  not enough of us to change all these public officials. The one thing that
[22:12.640 --> 22:18.440]  really seemed to get their attention is when you got into their budget. But they
[22:18.440 --> 22:24.320]  have to write you a check. And I was talking to Brett earlier about this what
[22:24.320 --> 22:29.840]  got me looking this way. I was watching a YouTube video of a kid who was doing a
[22:29.840 --> 22:35.000]  First Amendment audit at a police station in Colorado Springs. The police
[22:35.000 --> 22:39.280]  come out and did their general usual huff and puff and they arrested and held
[22:39.280 --> 22:47.920]  him for six hours. He sued him for forty thousand dollars. In two months they
[22:47.920 --> 22:56.680]  settled for twenty. This is how we get them. We just bleed them to death. You
[22:56.680 --> 23:04.880]  start getting into their budget. Now you got their attention. So you sue them and
[23:04.880 --> 23:10.560]  cost them as much money as possible. Now if I were an attorney and I suggested a
[23:10.560 --> 23:16.400]  thing like that I would get sanctions from the court and I'd get bar grieved.
[23:16.400 --> 23:22.400]  Because they are not supposed to do that. They're not supposed to churn a case.
[23:22.400 --> 23:29.920]  Churning is where you file motions or pleadings for the purpose of increasing
[23:29.920 --> 23:40.760]  the billing to your client. Lawyers are forbidden to prolong the
[23:40.760 --> 23:48.200]  case or expand the case just for the purpose of either costing the other side
[23:48.200 --> 23:54.640]  more money or collecting more money from your client. That's unprofessional
[23:54.640 --> 24:03.520]  conduct. And the bar association standards forbid you to do that. But
[24:03.520 --> 24:10.920]  you're not a member of the bar. So you don't care about that. You do all that
[24:10.920 --> 24:22.000]  stuff you want to. I'm gonna leave the Title 42 going and then begin a
[24:22.000 --> 24:28.360]  different lawsuit maybe in the Superior Court for what
[24:28.360 --> 24:36.640]  happened on Wednesday. Am I understanding that correctly? No. It depends
[24:36.640 --> 24:42.560]  on how they stand in your suit. If you have filed a suit and they
[24:42.560 --> 24:53.240]  filed an answer. I take it they filed a 12b6? Yes, they just filed one August 31st.
[24:53.240 --> 25:03.880]  We talked about it and I was going to file an opposition to their 12b6 but
[25:03.880 --> 25:11.560]  upon review I realized that they have good points and so instead what
[25:11.560 --> 25:17.160]  I'm going to do is ask the court for leave to amend the complaint. You
[25:17.160 --> 25:23.320]  don't have to ask for leave to amend the first time. No, this will be the
[25:23.320 --> 25:32.400]  second time. Okay, okay. And generally if you tell the court that the
[25:32.400 --> 25:42.840]  defendants criticisms are well taken, very likely the court will grant it. Yeah,
[25:42.840 --> 25:48.320]  I wrote that in since the last time we spoke. Yeah, that's already in there.
[25:48.320 --> 25:55.040]  I'm writing it. I'm gonna get it in over the weekend. Okay, then save what the
[25:55.040 --> 26:04.160]  officer did. Maybe you get another one to pull you over. There you go. If you
[26:04.160 --> 26:11.360]  don't bring it up by itself just hold on to it. That's a good idea. You might get
[26:11.360 --> 26:18.960]  you a little oil can. There's little pump oil cans and drive around in the rain
[26:18.960 --> 26:23.200]  and when you see a policeman coming in the other direction just before he
[26:23.200 --> 26:29.080]  gets to you squirt some oil out in front of him. It'll hit his windshields and the
[26:29.080 --> 26:36.240]  windshield wipers will sweep across it and his windshield will turn blue and
[26:36.240 --> 26:41.520]  he'll blame you for it. No, maybe don't do that. We used to do that in Chicago
[26:41.520 --> 26:47.520]  but it almost got us beat up a couple times. That's when we were young punks
[26:47.520 --> 26:59.320]  back in the old days. But there are ways of getting them to act improper. You
[26:59.320 --> 27:07.240]  might go down to the police station and ask for some records. I've already
[27:07.240 --> 27:13.160]  submitted 10 records requests. I'm talking about asking for records not
[27:13.160 --> 27:18.000]  because you want records. But ask for records they're not going to want to
[27:18.000 --> 27:27.520]  give you. Okay. And when they don't give them to you then you file against them
[27:27.520 --> 27:33.440]  and then when you get enough of them you accuse the jurisdiction of retaliating
[27:33.440 --> 27:46.400]  against you because you sued them and they're mistreating you. A court
[27:46.400 --> 27:55.720]  would call this absolutely improper. But when the police go out and do stings
[27:55.720 --> 28:05.040]  give people opportunity to violate law that's perfectly legal. So if you give
[28:05.040 --> 28:10.280]  them opportunity to violate law you can be fairly certain that they will be very
[28:10.280 --> 28:17.560]  accommodating. At least that's been my experience. But I'm just throwing stuff
[28:17.560 --> 28:28.200]  out here. Knowing your case better would allow me to figure out things more
[28:28.200 --> 28:35.280]  appropriate to the case to get them to do. Because the one thing they're
[28:35.280 --> 28:42.040]  very accommodating about is screwing things up. They're arrogant, they're
[28:42.040 --> 28:47.560]  disrespectful. And if you get them to be arrogant, disrespectful, respectful about
[28:47.560 --> 28:55.280]  the right things then you can include that as a client. When you file the
[28:55.280 --> 29:00.560]  amended pleading you can add some more of these claims and a claim of
[29:00.560 --> 29:09.960]  retaliation. Well incidentally I went to the police department probably about an
[29:09.960 --> 29:18.400]  hour later to file a complaint and nobody came to the door. Oh wonderful. Oh
[29:18.400 --> 29:27.960]  that's great. It was before five o'clock and yeah nobody answered the door and
[29:27.960 --> 29:32.400]  when I called and asked to speak with the supervisor they told me there was
[29:32.400 --> 29:48.560]  none available. There were none on duty at the time. Oh wonderful. You make it so
[29:48.560 --> 29:53.320]  everything they do makes it worse for them. So add that to the suit and claim
[29:53.320 --> 29:58.560]  that's retaliation. Hang on Randy Kelton, Brett Fountain, Rule of Law Radio, we'll
[29:58.560 --> 30:04.080]  be right back. Everyone knows that walking is great exercise but you might
[30:04.080 --> 30:07.560]  not know that the way you walk could predict how long you're going to live.
[30:07.560 --> 30:11.720]  I'm Dr. Catherine Albrecht and I'll be back to tell you more about walking
[30:11.720 --> 30:17.160]  prognostication in just a moment. Privacy is under attack. When you give up data
[30:17.160 --> 30:21.160]  about yourself you'll never get it back again and once your privacy is gone
[30:21.160 --> 30:26.520]  you'll find your freedoms will start to vanish too. So protect your rights, say no
[30:26.520 --> 30:30.840]  to surveillance, and keep your information to yourself. Privacy, it's
[30:30.840 --> 30:34.360]  worth hanging on to. This public service announcement is brought to you by
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[30:39.440 --> 30:46.240]  Start over with Startpage. New research shows how fast you walk could predict
[30:46.240 --> 30:49.400]  how long you're going to live. The Journal of the American Medical Association
[30:49.400 --> 30:54.720]  reports that older adults who walk one meter per second or faster live longer
[30:54.720 --> 30:58.880]  than expected. In case you're wondering, one meter per second is about two and a
[30:58.880 --> 31:03.400]  quarter miles per hour. A senior's age, gender, and walking speed were as good at
[31:03.400 --> 31:06.920]  predicting life expectancy as more traditional statistical measures.
[31:06.920 --> 31:11.680]  Generally speaking, faster walkers live longer. Measuring walking speed is quick
[31:11.680 --> 31:15.880]  and inexpensive. It only takes a stopwatch some space to walk in a few
[31:15.880 --> 31:20.160]  minutes. Researchers say it could help doctors identify older patients who need
[31:20.160 --> 31:24.840]  special care. I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[31:24.840 --> 31:35.600]  I lost my son, my nephew, my uncle, my son on September 11th, 2001. Most people
[31:35.600 --> 31:39.760]  don't know that a third tower fell on September 11th. World Trade Center 7, a
[31:39.760 --> 31:44.480]  47-story skyscraper, was not hit by a plane. Although the official explanation
[31:44.480 --> 31:49.480]  is that fire brought down Building 7. Over 1,200 architects and engineers have
[31:49.480 --> 31:53.040]  looked into the evidence and believe there is more to the story. Bring justice
[31:53.040 --> 31:58.840]  to my son, my uncle, my nephew, my son. Go to buildingwhat.org. Why it fell, why it
[31:58.840 --> 32:03.960]  matters, and what you can do. Are you looking to have a closer relationship with
[32:03.960 --> 32:08.280]  God and a better understanding of His Word? Then tune in to logosradionetwork.com
[32:08.280 --> 32:13.800]  on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and
[32:13.800 --> 32:18.960]  her guests discuss the Scriptures in accord with 2nd Timothy 2.15. Study to
[32:18.960 --> 32:22.600]  show thyself approved unto God, a workman that needeth not to be ashamed,
[32:22.600 --> 32:27.120]  rightly dividing the word of truth. Starting in January, our first hour
[32:27.120 --> 32:31.100]  studies are in the Book of Mark, where we'll go verse by verse and discuss the
[32:31.100 --> 32:35.840]  true gospel message. Our second hour topical studies will vary each week with
[32:35.840 --> 32:40.200]  discussions on sound doctrine and Christian character development. We wish
[32:40.200 --> 32:44.760]  to reflect God's light and be a blessing to all those with a hearing ear. Our goal
[32:44.760 --> 32:48.380]  is to strengthen our faith and to transform ourselves more into the
[32:48.380 --> 32:52.920]  likeness of our Lord and Savior Jesus. So tune in to Scripture Talk live on
[32:52.920 --> 32:58.440]  logosradionetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your
[32:58.440 --> 33:21.920]  studies of the Scriptures. Live free speech radio logosradionetwork.com.
[33:28.440 --> 33:56.920]  I won't. I won't. I won't let you pull the wool over my eyes. I simply must refuse your news, also come in lies.
[33:56.920 --> 34:11.480]  It seems you like the fat, but please take some words to the wise. Please stop trying to pull the wool over my eyes.
[34:11.480 --> 34:17.680]  Okay, we are back Randy Kelton, Brett Fountain, Wheel of Law Radio, and I guess if
[34:17.680 --> 34:23.640]  there's a takeaway from this, you know the police, when they decide they don't
[34:23.640 --> 34:29.600]  like you, they just go out and make up all kind of stuff and drop it all on you
[34:29.600 --> 34:36.960]  so that you will make a deal on what they really want to hammer you with to
[34:36.960 --> 34:46.760]  get them to drop all the garbage. What two can play at that game. So you
[34:46.760 --> 34:50.520]  go down to the police department, file a criminal complaint, they discriminate
[34:50.520 --> 34:56.800]  against you, they lock you out and won't talk, won't give you an opportunity to file.
[34:56.800 --> 35:01.860]  They stop you for stuff, they have a condition you've had for over a
[35:01.860 --> 35:04.400]  year and you've never been stopped for it and all of a sudden they're stopping
[35:04.400 --> 35:12.040]  you. So they're singling you out for special prosecution. Now they'll swear on
[35:12.040 --> 35:18.640]  a stack of Bibles they didn't do that, who cares, prove it. Yeah, we'll dance this
[35:18.640 --> 35:23.840]  round in court till you get old or write me a check and see what else you can get
[35:23.840 --> 35:33.080]  to add to it. Okay, now I have a separate question that has really been taking my
[35:33.080 --> 35:39.880]  noodle for a long time and I've heard widely bearing opinions on whether or
[35:39.880 --> 35:48.240]  not I should use the 14th Amendment in the Title 42. I've heard some people say
[35:48.240 --> 35:56.720]  that it's evil and like a cursed amendment and others say that you have
[35:56.720 --> 36:05.360]  to use it. So can you guys kind of give me your feedback? Okay, did you accuse
[36:05.360 --> 36:14.460]  the defendants of violating a federal law or a constitutional, federal
[36:14.460 --> 36:22.000]  constitutional right when you sued them? Yes, all my process of action were
[36:22.000 --> 36:29.520]  related to constitutional violations. Okay, the 14th Amendment is one of those
[36:29.520 --> 36:40.680]  constitutional violations that falls under the Young Doctrine. Look up 209 U.S.
[36:40.680 --> 36:53.720]  123. Okay. And what it says is if you sue a, oh I'm sorry, did you sue the public
[36:53.720 --> 37:00.560]  officials in their private capacity or in their official capacity? The first
[37:00.560 --> 37:06.600]  complaint it was in their public and the amended complaint I had
[37:06.600 --> 37:12.400]  changed it to their private. Okay, you got them in their private capacity. What
[37:12.400 --> 37:22.200]  Young says is that if a public official is sued in the Fed for violating
[37:22.200 --> 37:30.920]  a federal law or federal constitutional requirement, then the state is forbidden
[37:30.920 --> 37:38.480]  to immunize them as it would violate the Supremacy Clause. Okay. So they come in
[37:38.480 --> 37:51.320]  with no immunity. In your second one, who filed the answer? Their attorneys did.
[37:51.320 --> 38:05.160]  Did each one have a separate attorney? Well, no. So I'm suing five
[38:05.160 --> 38:11.880]  individuals and they were being defended by this one firm when they were in their
[38:11.880 --> 38:17.480]  public and that same firm is still defending them even though they're five
[38:17.480 --> 38:28.840]  are now in their private. Okay, yes. I will send you a copy of a motion asking
[38:28.840 --> 38:38.760]  the court to strike the Rule 12. Okay, is this rule, okay, is it, let me take a step
[38:38.760 --> 38:51.400]  back, did they answer the original pleading? Yes. Before, okay. Did they cover all of the
[38:51.400 --> 38:57.960]  elements of it, all every count or do they just address one thing? Can you say
[38:57.960 --> 39:04.680]  that again please, Brett? Did they address every count in your complaint or did
[39:04.680 --> 39:11.040]  they just address part of it and leave other things unaddressed? They addressed
[39:11.040 --> 39:21.560]  only a few of the claims. Okay, are we in, okay, now are we talking
[39:21.560 --> 39:28.680]  about the second, your amended pleading, did they answer your amended pleading?
[39:28.680 --> 39:43.480]  Yes, on August 31st both firms submitted 12 B6s. Now I want to say, hold on, who
[39:43.480 --> 39:52.680]  pays this firm? That's what I was about to say. I'm not certain if all of those
[39:52.680 --> 40:00.280]  individuals are continuing to pay that firm out of their own pockets. I'm going
[40:00.280 --> 40:04.920]  to almost guarantee you that none of those individuals are paying that firm
[40:04.920 --> 40:15.640]  out of their own pocket. Okay. The city's is paying the firm for them. So by the
[40:15.640 --> 40:27.520]  motion to strike the Rule 12, as the lawyer paid by the city, lacks standing
[40:27.520 --> 40:34.880]  to represent the clients in the court. Okay, okay, we're talking about
[40:34.880 --> 40:40.760]  Californians and I've researched this in Texas. You need to research this in
[40:40.760 --> 40:50.880]  California. In Texas, once a public officials entered into a contract, the
[40:50.880 --> 41:00.760]  Constitution forbids the government from granting them any further benefits. Okay.
[41:00.760 --> 41:08.280]  You need to look at that in California. Even if California doesn't say anything
[41:08.280 --> 41:12.480]  about that, I think the fact that you found that in Texas, all that really does
[41:12.480 --> 41:19.240]  is just really tightens up what's already the obvious. The obvious is that
[41:19.240 --> 41:24.600]  the public, you can't use the public money when you've been sued in your
[41:24.600 --> 41:30.000]  private capacity. You cannot use the public money to defend yourself. Period.
[41:30.000 --> 41:34.040]  It's just obvious. And the fact that you found that in the Texas Constitution, a
[41:34.040 --> 41:39.520]  way to kind of cinch that up, even if it's not in California, I think she's
[41:39.520 --> 41:45.320]  still got an easy way to declare that. Yeah, I was going to get there, but if we
[41:45.320 --> 41:51.800]  can find it, the prohibition in California law, that would make it a lot
[41:51.800 --> 42:00.000]  even better. But if not, then this is misappropriation of public funds. So you
[42:00.000 --> 42:06.600]  presume that the city is paying these guys and move the court to strike the
[42:06.600 --> 42:15.480]  Rule 12 as improperly filed and not before the court. Can they get a chance
[42:15.480 --> 42:23.360]  to file another 12b6 or does that cancel it altogether? Well, one thing, what does
[42:23.360 --> 42:33.400]  California say about time to respond to an amended pleading? It's 21 days. Now
[42:33.400 --> 42:44.080]  that's the original. Is it the same for an amended? I believe so, yeah. Okay, make
[42:44.080 --> 42:55.680]  sure because you want to file a motion to strike the Rule 12 as improperly filed
[42:55.680 --> 43:05.720]  and not before the court. And if that happens, then the Rule 12 did not
[43:05.720 --> 43:15.760]  hold the time to file an answer. In other words, you should file that the
[43:15.760 --> 43:21.440]  day after it's too late for them. And it probably is because probably took them
[43:21.440 --> 43:28.440]  15 days to file the, you know, 10 or 15 days to file the Rule 12. And by the time
[43:28.440 --> 43:33.480]  you get this file, that clock will already have been run and then you move
[43:33.480 --> 43:41.680]  for, in the motion to strike the Rule 12, you move for default judgment. Oh my
[43:41.680 --> 43:53.680]  God. Hey, I got that for a $485 million lawsuit in Texas. That's where I'm at
[43:53.680 --> 43:57.560]  now. I'll send you the pleadings. Hang on, Randy Kelton, Brett Felton, we'll be
[43:57.560 --> 44:03.280]  right back. Through advances in technology, our lives have greatly
[44:03.280 --> 44:08.120]  improved except in the area of nutrition. People feed their pets better than they
[44:08.120 --> 44:12.960]  feed themselves and it's time we changed all that. Our primary defense against
[44:12.960 --> 44:18.000]  aging and disease in this toxic environment is good nutrition. In a world
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[44:42.760 --> 44:48.480]  your health will improve as you help support quality radio. As you realize the
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[44:53.360 --> 44:57.880]  experience improved health, help your friends and family, and increase your
[44:57.880 --> 45:04.920]  income. Order now. Are you the plaintiff or defendant in a lawsuit? Win your case
[45:04.920 --> 45:10.440]  without an attorney with Jurisdictionary, the affordable, easy to understand, 4 CD
[45:10.440 --> 45:16.400]  course that will show you how in 24 hours, step-by-step. If you have a lawyer,
[45:16.400 --> 45:21.360]  know what your lawyer should be doing. If you don't have a lawyer, know what you
[45:21.360 --> 45:26.480]  should do for yourself. Thousands have won with our step-by-step course and now
[45:26.480 --> 45:32.440]  you can too. Jurisdictionary was created by a licensed attorney with 22 years of
[45:32.440 --> 45:37.280]  case-winning experience. Even if you're not in a lawsuit, you can learn what
[45:37.280 --> 45:41.680]  everyone should understand about the principles and practices that control
[45:41.680 --> 45:47.400]  our American courts. You'll receive our audio classroom, video seminar, tutorials,
[45:47.400 --> 45:53.000]  forms for civil cases, pro se tactics, and much more. Please visit
[45:53.000 --> 46:02.280]  ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:24.000 --> 46:32.560]  Always, I must be careful what I'm wishing for. When I'm hungry, I like to
[46:32.560 --> 46:39.480]  know just what I'm fishing for. I ain't asking for much, I ain't trying to be no
[46:39.480 --> 46:49.480]  glutton. I'm just here making my living, pushing buttons. I get my message out to
[46:49.480 --> 46:56.680]  anyone who's shot in the distance. Vote for bravery and against slavery. Show
[46:56.680 --> 47:04.120]  me resistance. First I'm crawling, then I'm walking, then I start strutting. Just so
[47:04.120 --> 47:08.680]  glad to make my living. Okay, we are back. Randy Kelton, Brett Fountain,
[47:08.680 --> 47:12.920]  Rule of Law Radio. We're talking to Teresa in California. Teresa, it was
[47:12.920 --> 47:21.200]  clear you got the implication of that. Yes, but I just, so would that be
[47:21.200 --> 47:33.640]  better than filing an amended complaint? Oh yes, you already got them. Oh boy. You
[47:33.640 --> 47:41.400]  get that rule 12 toss because they were paid out of city coffers and so
[47:41.400 --> 47:48.960]  therefore didn't have standing to represent the client. It's over. It's a
[47:48.960 --> 47:55.400]  done deal. If you don't get the ruling you want, then you can always file the
[47:55.400 --> 48:02.920]  amended pleading. Okay, okay. So you think that, wow, interesting. Okay, so it's
[48:02.920 --> 48:09.040]  better for me to just, because I asked both of them this morning, both of the
[48:09.040 --> 48:14.720]  firms, if they would, I think it's stipulate to an extension for leave to
[48:14.720 --> 48:22.480]  amend and they both told me to go kick sand. That's what they generally do. So
[48:22.480 --> 48:34.360]  good. So now, another gonna say, whoa, whoa, wait a minute, that wasn't fair. Okay, but
[48:34.360 --> 48:43.720]  aren't I assuming that the individuals are not paying the firm? Yes. I'm assuming
[48:43.720 --> 48:50.680]  that. You're making the accusation and the only one who has the evidence to show
[48:50.680 --> 49:00.520]  who's paying them are those guys. Okay. Ask them to produce proof that these
[49:00.520 --> 49:11.520]  officers paid them. Oh, right. Okay. Okay. And do I do that in my in my reply? No.
[49:11.520 --> 49:21.000]  No, you just accuse them of it and ask the court. Well, yeah, you really. You
[49:21.000 --> 49:26.920]  don't want them to go doctor some backdated documents and call it good. You
[49:26.920 --> 49:34.200]  just want to say this is this is there. They don't have the ability to do this
[49:34.200 --> 49:40.080]  because they're this is a misuse of public funds. Kid Bob to go down there
[49:40.080 --> 49:46.320]  and ask for the financial records. You want to see all who paid these two law
[49:46.320 --> 49:53.480]  firms. You want to see all invoices to these two law firms. I've already asked
[49:53.480 --> 50:00.400]  the city for that. This was about a year and a half ago in a records request. I
[50:00.400 --> 50:05.200]  asked for all the legal invoices. Actually, this is from this is from the
[50:05.200 --> 50:11.360]  city attorney's firm and they refuse to produce. Okay, well this is this is
[50:11.360 --> 50:21.320]  different. Now you can ask for them in discovery. Okay, so but I'm not going to
[50:21.320 --> 50:29.080]  get the discovery before my responses do. So I'm just going to accuse them of
[50:29.080 --> 50:36.520]  that of a misuse of public funds. Yes. And your 12 v 6 has to be thrown out.
[50:37.160 --> 50:45.960]  Yes, and claim that the only evidence to prove that is held by this the city. So
[50:45.960 --> 50:54.960]  you asked the court to order discovery of all invoices. You asked for evidence
[50:54.960 --> 51:00.680]  from the defendants to show that the defendants themselves paid the officers
[51:00.700 --> 51:11.320]  and not the city. Is this a typical? Does this typically happen? No, it
[51:11.320 --> 51:18.560]  doesn't. Lawyers will tend not to do this. You know what this I think she
[51:18.560 --> 51:25.240]  means the does the paying sideways things still usually happen. And you're
[51:25.240 --> 51:27.360]  saying does the holding accountable happen?
[51:29.320 --> 51:38.880]  And okay, okay, you're right. Are you saying do the does the city normally
[51:38.880 --> 51:48.720]  provide legal counsel for its police? Is that the question? No, I mean, do firms
[51:48.760 --> 51:57.240]  typically permit this abuse of public funds to occur? Where? Absolutely. Oh,
[51:57.240 --> 52:04.040]  they do. Yeah, they don't care where you get your money from. Lawyers, lawyers
[52:04.040 --> 52:10.200]  tend not to mess with this because when it comes to lawyers getting paid,
[52:10.560 --> 52:16.360]  lawyers tend not to interfere with other lawyers getting paid because they
[52:16.360 --> 52:24.600]  don't want it done to them. And raising this issue, apparently it doesn't
[52:24.600 --> 52:33.200]  happen often. Because I looked at it in Texas, and it was absolutely forbidden.
[52:36.160 --> 52:44.440]  But they, they did it blatantly. That tells me they had no concern about
[52:44.440 --> 52:50.920]  this coming back to buy them. So it's something they tend not to complain
[52:50.920 --> 53:01.840]  about. Who doesn't complain about the lawyers? Oh, lawyers leave that alone.
[53:01.840 --> 53:08.240]  They consider that a side issue. But you want to let them know you're going to
[53:08.240 --> 53:09.480]  take them on for everything.
[53:11.240 --> 53:17.600]  Okay, so that is the one firm. And then the other firm, we went over this when I
[53:17.600 --> 53:22.920]  called in a couple of weeks ago when they misquoted Monell. I don't know if
[53:22.920 --> 53:28.640]  you remember that. I remember that. I remember that. Yes. Yeah. Did you ask for
[53:28.640 --> 53:36.240]  sanctions for that? No, because I've been bouncing around between the whether I
[53:36.240 --> 53:41.440]  should do the opposition or the amended complaint. And I thought that I was
[53:41.440 --> 53:53.640]  going to call him out on that in my opposition to his 12b6. I'm thinking I'm
[53:53.640 --> 53:58.320]  trying to get caught up here. But you did raise an issue, you still need to
[53:58.320 --> 54:09.720]  respond to the 12b6. Oh, respond to the 12b6 to make sure you get your response
[54:09.720 --> 54:17.880]  in in time. And you don't care if the court rules in their favor. Because
[54:19.040 --> 54:24.080]  before the court, you just want to make sure you meet your deadline. And then
[54:24.080 --> 54:29.280]  before the court has time to rule, then you file a motion to strike the pleading.
[54:30.760 --> 54:34.280]  Then that will stop the court from ruling on the 12b6.
[54:34.280 --> 54:44.520]  Oh, I'm sorry, you lost me. So my opposition is due on October 4. And then
[54:44.520 --> 54:53.040]  okay, hold on. Yeah, you file a you file your opposition to the 12b6. Okay. And
[54:53.040 --> 54:57.480]  then it goes before the court and the court has to consider the two and and
[54:57.480 --> 55:03.520]  make a ruling. Well, that's going to take a while. So while you're waiting for
[55:03.520 --> 55:11.360]  the ruling on the 12b6, then you make up your your motion to strike the 12b6,
[55:12.120 --> 55:19.440]  claiming that the lawyers did not have standing to make the filing. So now you
[55:19.440 --> 55:23.440]  got time to craft it because you're waiting for the judge. And when you file
[55:23.440 --> 55:32.600]  that, that will stop the the ruling on the 12b6 until the propriety of the 12b6
[55:32.600 --> 55:36.760]  can be determined. So that'll keep the judge from ruling against you.
[55:37.800 --> 55:43.600]  Okay. And they also they get to reply to my opposition.
[55:44.560 --> 55:50.000]  Yeah, they have a general if it's in the Fed, they'll probably have seven days.
[55:50.360 --> 55:58.040]  That's that's right. Yeah. So potentially, I'm going to be able to get a default
[55:58.040 --> 56:06.080]  judgment because the officers are not paying them directly. And then I could
[56:06.080 --> 56:13.800]  get the other firms 12b6 also stricken because he misquoted Monell. Is that
[56:13.800 --> 56:18.520]  enough to get that? No, no. Okay, you said the other firm, what is the who's
[56:18.520 --> 56:20.000]  the other firm representing?
[56:21.120 --> 56:26.280]  One firm is representative county. The other firm is representing the city and
[56:26.280 --> 56:31.520]  five individuals. Good. Oh, he's representing the city and five
[56:31.520 --> 56:38.040]  individuals. Okay. Okay. That one, you can get the rule 12 struck. Okay, what
[56:38.040 --> 56:43.800]  was the first firm representing? The county. Oh, the county. Okay, you can't
[56:43.800 --> 56:44.880]  get that one struck.
[56:45.800 --> 56:47.400]  Yeah, that would be appropriate.
[56:49.680 --> 56:55.040]  It would be it would. So I can't get it struck because he misquoted Monell. Is
[56:55.040 --> 57:00.800]  that is that correct? Oh, okay. No, no, you can't get it struck for that reason.
[57:01.120 --> 57:08.240]  You can get it. Yeah. I'm sorry, you can get it what? Denied. You can get it
[57:08.240 --> 57:15.640]  denied. Okay. Yeah. But the thing about getting it struck for all these others,
[57:16.320 --> 57:23.200]  then their clock is once it's struck, the clock to answers run out. So then
[57:23.200 --> 57:25.960]  you can go for default. The only thing left is the county.
[57:28.040 --> 57:32.280]  Oh, right. Right. And then exactly.
[57:34.160 --> 57:39.880]  Has the county claimed immunity?
[57:42.280 --> 57:46.960]  I am not suing any individuals in the county yet.
[57:47.360 --> 57:52.520]  And no, no, no, the the county will claim that it's immune from suit. Did
[57:52.520 --> 57:54.280]  you get a 12B1?
[57:55.280 --> 57:55.680]  No.
[57:58.760 --> 58:04.000]  So they didn't claim immunity. That's good. Okay, well, they could have done
[58:04.000 --> 58:08.400]  12B6 and claimed immunity and then said there's nothing left.
[58:09.200 --> 58:17.520]  Well, in a 12B, they would have had to claim 12B1 to claim immunity. And
[58:17.520 --> 58:36.440]  then 12B6 to claim that failure status. Oh, my God. Oh, my God.
[58:38.760 --> 58:40.240]  Sounds like this is gonna be fun.
[58:40.240 --> 58:45.760]  Wow, this is amazing. Yeah.
[58:48.000 --> 58:49.000]  Did we lose you, Randy?
[58:50.160 --> 58:54.640]  Would you like to make more definite progress in your walk with God? Bibles
[58:54.640 --> 58:59.280]  for America is offering a free study Bible and a set of free Christian
[58:59.280 --> 59:03.040]  books that can really help. The New Testament recovery version is one of
[59:03.040 --> 59:06.920]  the most comprehensive study Bibles available today. It's an accurate
[59:06.920 --> 59:10.600]  translation and it contains thousands of footnotes that will help you to
[59:10.600 --> 59:14.760]  know God and to know the meaning of life. The free books are a three
[59:14.760 --> 59:19.480]  volume set called Basic Elements of the Christian Life. Chapter by chapter,
[59:19.480 --> 59:23.160]  Basic Elements of the Christian Life clearly presents God's plan of
[59:23.160 --> 59:28.560]  salvation, growing in Christ and how to build up the church. To order your
[59:28.560 --> 59:33.360]  free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.360 --> 59:44.360]  call Bibles for America toll free at 888-551-0102. That's 888-551-0102.
[59:44.640 --> 59:49.000]  Or visit us online at bfa.org.
[59:51.880 --> 59:58.080]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:58.080 --> 01:00:04.880]  Call the Bill of Rights contains the first 10 amendments of our
[01:00:04.880 --> 01:00:08.320]  constitution. They guarantee the specific freedoms Americans should
[01:00:08.320 --> 01:00:12.320]  know and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht and
[01:00:12.320 --> 01:00:15.200]  I'll be right back with an unforgettable way to remember one of
[01:00:15.200 --> 01:00:19.920]  your constitutional rights. Privacy is under attack. When you give up
[01:00:19.920 --> 01:00:23.280]  data about yourself, you'll never get it back again. And once your
[01:00:23.280 --> 01:00:27.760]  privacy is gone, you'll find your freedoms will start to vanish too. So
[01:00:27.760 --> 01:00:31.760]  protect your rights, say no to surveillance and keep your information
[01:00:31.760 --> 01:00:36.240]  to yourself. Privacy, it's worth hanging on to. This public service
[01:00:36.240 --> 01:00:39.840]  announcement is brought to you by Startpage.com, the private search
[01:00:39.840 --> 01:00:45.040]  engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[01:00:46.240 --> 01:00:49.680]  Imagine your mom and dad are getting ready for bed. They pull back the
[01:00:49.680 --> 01:00:53.880]  covers and find a third party there. He announces, I'm with the military and
[01:00:53.880 --> 01:00:57.200]  I'm sleeping here tonight. That shocking image of a third party in my
[01:00:57.200 --> 01:01:01.040]  parents' bed reminds me what the Third Amendment was designed to prevent. It
[01:01:01.040 --> 01:01:04.720]  protects us from being forced to share our homes with soldiers, a common
[01:01:04.720 --> 01:01:08.880]  demand in the days of our founding fathers. Third party, Third Amendment?
[01:01:08.880 --> 01:01:12.640]  Get it? So if you answer a knock at your door and guys in fatigues demand
[01:01:12.640 --> 01:01:16.080]  lodging, tell them to dust off their copy of the Bill of Rights and reread
[01:01:16.080 --> 01:01:20.160]  the Third Amendment. I'm Dr. Catherine Albrecht. More news and information at
[01:01:20.160 --> 01:01:33.920]  CatherineAlbrecht.com. The Bill of Rights contains the first 10
[01:01:33.920 --> 01:01:37.920]  amendments of our Constitution. They guarantee the specific freedoms Americans
[01:01:37.920 --> 01:01:41.600]  should know and protect. Our liberty depends on it. I'm Dr. Catherine
[01:01:41.600 --> 01:01:44.960]  Albrecht and I'll be right back with an unforgettable way to remember one of
[01:01:44.960 --> 01:01:50.400]  your constitutional rights. Privacy is under attack. When you give up data about
[01:01:50.400 --> 01:01:54.640]  yourself, you'll never get it back again. And once your privacy is gone, you'll
[01:01:54.640 --> 01:01:59.600]  find your freedoms will start to vanish too. So protect your rights. Say no to
[01:01:59.600 --> 01:02:04.400]  surveillance and keep your information to yourself. Privacy, it's worth hanging
[01:02:04.400 --> 01:02:08.960]  on to. This public service announcement is brought to you by StartPage.com, the
[01:02:08.960 --> 01:02:13.920]  private search engine alternative to Google, Yahoo and Bing. Start over with
[01:02:13.920 --> 01:02:18.400]  StartPage. Imagine four eyes staring at you through
[01:02:18.400 --> 01:02:23.120]  binoculars, a magnifying glass or a pair of x-ray goggles. That imagery reminds me
[01:02:23.120 --> 01:02:26.720]  that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.720 --> 01:02:31.120]  search and seizure. Fourth Amendment? Four eyes staring at you? Get it?
[01:02:31.120 --> 01:02:34.160]  Unfortunately, the government is trampling our Fourth Amendment rights in
[01:02:34.160 --> 01:02:39.200]  the name of security. Case in point, TSA airport scanners that peer under your
[01:02:39.200 --> 01:02:42.800]  clothing. When government employees demand a peep at your privates without
[01:02:42.800 --> 01:02:47.440]  probable cause, I say it's time to sound the constitutional alarm bells. Join me
[01:02:47.440 --> 01:02:50.880]  in asking our representatives to dust off the Bill of Rights and use their
[01:02:50.880 --> 01:02:55.440]  googly eyes to take a gander at the Fourth. I'm Dr. Catherine Albrecht. More
[01:02:55.440 --> 01:03:13.840]  news and information at CatherineAlbrecht.com.
[01:03:55.440 --> 01:03:59.840]  I'm a God these walls and fences
[01:03:59.840 --> 01:04:03.840]  They come to take us places
[01:04:03.840 --> 01:04:05.840]  I'm a God these walls and fences
[01:04:05.840 --> 01:04:09.840]  Like a thief in the night so the father enter
[01:04:09.840 --> 01:04:12.240]  Tears on the parasite from around ya
[01:04:12.240 --> 01:04:15.040]  Teeth will blight ya and evil murderers
[01:04:15.040 --> 01:04:17.440]  Tears from out the house because they cannot enter
[01:04:17.440 --> 01:04:20.240]  Pure in heart and clean hands only
[01:04:20.240 --> 01:04:23.440]  Only them could enter in God house you see
[01:04:23.440 --> 01:04:26.240]  See if your soul surrender quickly
[01:04:26.240 --> 01:04:28.240]  That's what we are doing now, we have the house you see
[01:04:28.240 --> 01:04:32.240]  I will not leave my purpose now
[01:04:32.240 --> 01:04:35.040]  I won't allow the wicked
[01:04:35.040 --> 01:04:39.040]  I will not leave my purpose now
[01:04:39.040 --> 01:04:43.040]  To come and keep me sleeping still and true
[01:04:43.040 --> 01:04:49.840]  I will not leave my purpose now
[01:04:49.840 --> 01:04:53.840]  There are those in this world who would harm us
[01:04:53.840 --> 01:04:56.640]  They will not hurt me
[01:04:56.640 --> 01:05:00.640]  I will not leave my purpose now
[01:05:00.640 --> 01:05:04.640]  Cause when I leave my my father's house
[01:05:04.640 --> 01:05:07.440]  There's more waiting to be saved
[01:05:07.440 --> 01:05:11.440]  I will not leave my my father's house
[01:05:11.440 --> 01:05:21.440]  I will not leave my father's house
[01:05:21.440 --> 01:05:43.440]  I will not leave my father's house
[01:05:51.440 --> 01:05:55.440]  Well, they can send a little message on telegram or send us a text
[01:05:55.440 --> 01:06:01.440]  Okay, my caller page is not working
[01:06:01.440 --> 01:06:03.440]  I clicked on it
[01:06:03.440 --> 01:06:07.440]  I think that means
[01:06:07.440 --> 01:06:11.440]  Deborah needs some help out of Randy's beer fund
[01:06:11.440 --> 01:06:17.440]  Yeah, we've got Teresa from California here
[01:06:17.440 --> 01:06:21.440]  We're still talking with her
[01:06:21.440 --> 01:06:27.440]  And this is Friday the 15th of September 2023
[01:06:27.440 --> 01:06:30.440]  Okay, Teresa, can you hear me?
[01:06:30.440 --> 01:06:32.440]  Yes
[01:06:32.440 --> 01:06:34.440]  Okay, good, okay
[01:06:34.440 --> 01:06:36.440]  We don't know if we're going out on the air
[01:06:36.440 --> 01:06:39.440]  But at least this part's working
[01:06:39.440 --> 01:06:43.440]  Okay, this is interesting
[01:06:43.440 --> 01:06:45.440]  I talked to Brad on the break
[01:06:45.440 --> 01:06:48.440]  And he may be in the same situation
[01:06:48.440 --> 01:06:54.440]  He said that, you know, they had an outside law firm in his situation
[01:06:54.440 --> 01:07:00.440]  But he doesn't know who actually paid the law firm
[01:07:00.440 --> 01:07:02.440]  Yeah, Randy brought that up
[01:07:02.440 --> 01:07:05.440]  I said, well, yeah, I don't have that situation
[01:07:05.440 --> 01:07:08.440]  Cause they were smart enough to go ahead and hire an outside law firm
[01:07:08.440 --> 01:07:12.440]  And he said, yeah, but who paid them?
[01:07:12.440 --> 01:07:15.440]  Right
[01:07:15.440 --> 01:07:20.440]  So in Texas, it's absolutely concrete
[01:07:20.440 --> 01:07:24.440]  But I'm not sure about California
[01:07:24.440 --> 01:07:33.440]  If California has a provision that allows California to pay
[01:07:33.440 --> 01:07:39.440]  To provide counsel for a public official sued in their private capacity
[01:07:39.440 --> 01:07:41.440]  You might not have that claim
[01:07:41.440 --> 01:07:45.440]  Oh, no, they can't. This is the Fed
[01:07:45.440 --> 01:07:51.440]  So that would be
[01:07:51.440 --> 01:07:56.440]  I don't know, Brett, that would not be immunity
[01:07:56.440 --> 01:08:07.440]  Would the Fed block the state from paying for counsel for a public official?
[01:08:07.440 --> 01:08:15.440]  Would that not be an act of the state to immunize the official
[01:08:15.440 --> 01:08:20.440]  From the consequences of violation of a federal law?
[01:08:20.440 --> 01:08:22.440]  Am I making sense?
[01:08:22.440 --> 01:08:24.440]  Yeah, I think you're right
[01:08:24.440 --> 01:08:26.440]  It wouldn't be the same issue as contract
[01:08:26.440 --> 01:08:32.440]  But it does seem to go to a flavor of immunity
[01:08:32.440 --> 01:08:36.440]  In fact, there's something in that young
[01:08:36.440 --> 01:08:38.440]  Part of the text of that
[01:08:38.440 --> 01:08:43.440]  One place it says immunize and another place it uses another word
[01:08:43.440 --> 01:08:45.440]  I'll have to take a look at that
[01:08:45.440 --> 01:08:49.440]  Because it might fit better under that other category
[01:08:49.440 --> 01:08:51.440]  Let me take a look
[01:08:51.440 --> 01:08:57.440]  And it would seem to fit with the intent of Young
[01:08:57.440 --> 01:09:05.440]  That Young intended that if a public official violated a federal law
[01:09:05.440 --> 01:09:10.440]  And they're sued in the federal court, they're on their own
[01:09:10.440 --> 01:09:15.440]  So even if you don't have the restriction we have in Texas
[01:09:15.440 --> 01:09:18.440]  That forbids them to provide
[01:09:18.440 --> 01:09:20.440]  In Texas, the Constitution says
[01:09:20.440 --> 01:09:24.440]  Once they've entered into a contract
[01:09:24.440 --> 01:09:32.440]  Even the legislature is forbidden to provide any further benefit
[01:09:32.440 --> 01:09:35.440]  Even if you don't have that in California
[01:09:35.440 --> 01:09:39.440]  It seems as though the Young Doctrine intended
[01:09:39.440 --> 01:09:43.440]  That a public official who violates a federal law
[01:09:43.440 --> 01:09:47.440]  Can't be protected by the state
[01:09:47.440 --> 01:09:51.440]  As that would violate the supremacy clause
[01:09:51.440 --> 01:09:53.440]  Here it is saying
[01:09:53.440 --> 01:09:57.440]  Since the state could not authorize the action
[01:09:57.440 --> 01:10:01.440]  The officer was stripped of his official or representative character
[01:10:01.440 --> 01:10:08.440]  And subjected in his person to the consequences of his individual conduct
[01:10:08.440 --> 01:10:14.440]  And that's Benhurst v. Halderman, 465 U.S. 89
[01:10:14.440 --> 01:10:18.440]  So regardless of what the state wants to say
[01:10:18.440 --> 01:10:22.440]  The Fed is saying you can't do that
[01:10:22.440 --> 01:10:26.440]  You can't immunize them in any way
[01:10:26.440 --> 01:10:29.440]  So it looks like we'd have them
[01:10:29.440 --> 01:10:33.440]  It wouldn't look like we'd have them
[01:10:33.440 --> 01:10:40.440]  The Fed forbids them to provide
[01:10:40.440 --> 01:10:43.440]  To protect them when they're sued in the Fed
[01:10:43.440 --> 01:10:46.440]  For violating a federal law
[01:10:46.440 --> 01:10:50.440]  And if you sued them under 42 U.S. Code 1983
[01:10:50.440 --> 01:10:54.440]  That's what you're accusing them of
[01:10:54.440 --> 01:10:58.440]  So the state, even if you don't have our protection
[01:10:58.440 --> 01:11:00.440]  That we have in Texas
[01:11:00.440 --> 01:11:06.440]  The state is immunizing them from the costs of litigation
[01:11:06.440 --> 01:11:14.440]  And that would also violate the supremacy clause
[01:11:14.440 --> 01:11:19.440]  So if they read in your favor
[01:11:19.440 --> 01:11:23.440]  Then their Rule 12 motion is gone
[01:11:23.440 --> 01:11:26.440]  Their time to answer is gone
[01:11:26.440 --> 01:11:31.440]  You have a statutory right to default
[01:11:31.440 --> 01:11:39.440]  Okay, and am I going to quote out of the Young Doctrine as my support?
[01:11:39.440 --> 01:11:41.440]  Yes
[01:11:41.440 --> 01:11:45.440]  And another thing that I did when I filed mine
[01:11:45.440 --> 01:11:49.440]  Is I bargrieved the attorneys
[01:11:49.440 --> 01:11:57.440]  For not mentioning the Young Doctrine in their response
[01:11:57.440 --> 01:12:07.440]  Write down bar association standards 3.3A2
[01:12:07.440 --> 01:12:11.440]  Okay, and then in case your numbers are different
[01:12:11.440 --> 01:12:16.440]  Look up failure to speak with candor to the court
[01:12:16.440 --> 01:12:19.440]  That's the section this is under
[01:12:19.440 --> 01:12:23.440]  All of the bar code, bar grievance standards around the country
[01:12:23.440 --> 01:12:26.440]  Are almost exactly the same
[01:12:26.440 --> 01:12:28.440]  Even the numbering systems
[01:12:28.440 --> 01:12:31.440]  But you want to look up failure to speak with candor to the court
[01:12:31.440 --> 01:12:33.440]  What this one says is
[01:12:33.440 --> 01:12:42.440]  If there is a contradictory or negative case law
[01:12:42.440 --> 01:12:45.440]  Case law that's against your position
[01:12:45.440 --> 01:12:49.440]  And the opposing party has not referenced that case law
[01:12:49.440 --> 01:12:55.440]  You are required to give notice of that case law to the court
[01:12:55.440 --> 01:13:02.440]  They didn't mention the Young Doctrine in their response
[01:13:02.440 --> 01:13:09.440]  And if the city or the county is paying for their employees
[01:13:09.440 --> 01:13:11.440]  Who were sued in their personal capacity
[01:13:11.440 --> 01:13:16.440]  And they're paying for their lawyer
[01:13:16.440 --> 01:13:19.440]  Then they're immunizing them
[01:13:19.440 --> 01:13:22.440]  And they had a duty to notice the court
[01:13:22.440 --> 01:13:25.440]  That they're not allowed to do that under the Young Doctrine
[01:13:25.440 --> 01:13:28.440]  So bargrieve them for that
[01:13:28.440 --> 01:13:33.440]  So they were supposed to have told the court
[01:13:33.440 --> 01:13:38.440]  That they are representing these individuals
[01:13:38.440 --> 01:13:45.440]  No, they were supposed to have told the court about the Young Doctrine
[01:13:45.440 --> 01:13:47.440]  They have said something about
[01:13:47.440 --> 01:13:53.440]  I remember seeing the word or the name Young in some of their documents
[01:13:53.440 --> 01:13:56.440]  Oh, that'll ruin all our fun
[01:13:56.440 --> 01:13:58.440]  That would ruin all our fun
[01:13:58.440 --> 01:14:01.440]  Yeah, I mean, I've just been hit
[01:14:01.440 --> 01:14:05.440]  Can you find that and send it to me?
[01:14:05.440 --> 01:14:06.440]  Yeah
[01:14:06.440 --> 01:14:13.440]  Because I'm waiting for a response on that very issue
[01:14:13.440 --> 01:14:16.440]  If they know about it, then they would speak to it
[01:14:16.440 --> 01:14:22.440]  And maybe try to formulate a response intelligently with that in mind
[01:14:22.440 --> 01:14:26.440]  Yeah, I want to see how they argued against it
[01:14:26.440 --> 01:14:30.440]  Okay, and I'm sorry, guys, I'm trying to follow along
[01:14:30.440 --> 01:14:41.440]  So you're saying that the Young Doctrine prohibits them from defending the individuals in their private capacities
[01:14:41.440 --> 01:14:43.440]  Yes
[01:14:43.440 --> 01:14:52.440]  What I'm saying is they can't pay for these officers' lawyer
[01:14:52.440 --> 01:14:53.440]  Okay
[01:14:53.440 --> 01:14:58.440]  Because that immunizes them from the consequences of violating federal law
[01:14:58.440 --> 01:15:02.440]  And the Young Doctrine says that violates the Supremacy Clause
[01:15:02.440 --> 01:15:11.440]  Yeah, the Young Doctrine is basically saying that a state actor can't have immunity to violate federal law
[01:15:11.440 --> 01:15:16.440]  Maybe he could have state immunity? That's not addressed in there
[01:15:16.440 --> 01:15:26.440]  It's saying the state cannot make him immune when considering federal violations
[01:15:26.440 --> 01:15:41.440]  Now, does it matter that the city is the one that instructed the officers to violate my rights, the people's rights? Does that matter?
[01:15:41.440 --> 01:15:45.440]  I didn't understand that. Say that again
[01:15:45.440 --> 01:15:47.440]  I think she's saying the city
[01:15:47.440 --> 01:15:53.440]  The city was the one that supposedly authorized the violation of federal law
[01:15:53.440 --> 01:15:56.440]  Doesn't matter
[01:15:56.440 --> 01:16:01.440]  The city has no power to authorize the violation of federal law
[01:16:01.440 --> 01:16:04.440]  That would give you a claim against the city
[01:16:04.440 --> 01:16:13.440]  But it doesn't change the culpability of the individuals
[01:16:13.440 --> 01:16:25.440]  Okay, and actually one of the individuals that I'm suing is the one that gave the order to the officers to close the beach
[01:16:25.440 --> 01:16:31.440]  And that's where this all started
[01:16:31.440 --> 01:16:33.440]  Okay, that's good
[01:16:33.440 --> 01:16:40.440]  Because you're saying that the officer who gave that order had no power to give that order?
[01:16:40.440 --> 01:16:42.440]  That's right
[01:16:42.440 --> 01:16:46.440]  Thereby he exerted a purported to exert an authority he didn't have
[01:16:46.440 --> 01:16:47.440]  Correct
[01:16:47.440 --> 01:16:55.440]  Yeah, in California that will be a misuse of misconduct and committing crimes is not within scope
[01:16:55.440 --> 01:17:13.440]  Hang on Randy Kelton, Brett Fountain, we'll be right back
[01:17:26.440 --> 01:17:28.440]  How to get debt collectors out of your credit report
[01:17:28.440 --> 01:17:33.440]  How to turn the financial tables on them and make them pay you to go away
[01:17:33.440 --> 01:17:38.440]  The Michael Mears proven method is the solution for how to stop debt collectors
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[01:17:40.440 --> 01:17:46.440]  For more information please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.440 --> 01:17:49.440]  Or email michaelmears at yahoo.com
[01:17:49.440 --> 01:17:57.440]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:17:57.440 --> 01:18:00.440]  To learn how to stop debt collectors now
[01:18:00.440 --> 01:18:01.440]  I love logos
[01:18:01.440 --> 01:18:04.440]  Without the shows on this network I'd be almost as ignorant as my friends
[01:18:04.440 --> 01:18:07.440]  I'm so addicted to the truth now that there's no going back
[01:18:07.440 --> 01:18:08.440]  I need my truth fixed
[01:18:08.440 --> 01:18:10.440]  I'd be lost without logos
[01:18:10.440 --> 01:18:13.440]  And I really want to help keep this network on the air
[01:18:13.440 --> 01:18:16.440]  I'd love to volunteer as a show producer but I'm a bit of a Luddite
[01:18:16.440 --> 01:18:20.440]  And I really don't have any money to give because I spend it all on supplements
[01:18:20.440 --> 01:18:22.440]  How can I help logos?
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[01:18:38.440 --> 01:18:43.440]  Now when you order anything from Amazon you use that link and logos gets a few pesos
[01:18:43.440 --> 01:18:44.440]  Do I pay extra?
[01:18:44.440 --> 01:18:45.440]  No
[01:18:45.440 --> 01:18:47.440]  Do I have to do anything different when I order?
[01:18:47.440 --> 01:18:48.440]  No
[01:18:48.440 --> 01:18:49.440]  Can I use my Amazon Prime?
[01:18:49.440 --> 01:18:50.440]  No
[01:18:50.440 --> 01:18:51.440]  I mean yes
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[01:18:55.440 --> 01:18:57.440]  Thank you so much
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[01:18:58.440 --> 01:19:00.440]  Happy Holidays Logos
[01:19:00.440 --> 01:19:07.440]  This is the Logos Logos Radio Network
[01:19:07.440 --> 01:19:09.440]  Network
[01:19:13.440 --> 01:19:15.440]  Oh come on
[01:19:15.440 --> 01:19:17.440]  Logos
[01:19:45.440 --> 01:19:47.440]  Logos
[01:20:15.440 --> 01:20:17.440]  Ranges
[01:20:32.440 --> 01:20:35.440]  Looking for a little bitty smidgen to hold
[01:20:36.440 --> 01:20:38.440]  Could I get a Ranger?
[01:20:38.440 --> 01:20:40.440]  Ranger
[01:20:43.440 --> 01:20:47.440]  I want to reach a diamond hill, sliding on a slippery slope
[01:20:47.440 --> 01:20:50.440]  Looking for a Ranger, yeah
[01:20:50.440 --> 01:20:52.440]  Ranger
[01:20:54.440 --> 01:20:58.440]  Trying to get away from all this sunroof
[01:20:59.440 --> 01:21:01.440]  Can I get a Ranger?
[01:21:02.440 --> 01:21:04.440]  Ranger
[01:21:04.440 --> 01:21:06.440]  Ranger
[01:21:06.440 --> 01:21:09.440]  If not then maybe some more
[01:21:10.440 --> 01:21:12.440]  Give me a Ranger
[01:21:13.440 --> 01:21:15.440]  Ranger
[01:21:17.440 --> 01:21:22.440]  Ok we are back Randy Kelton, Brett Fountain, Rule of Law Radio
[01:21:22.440 --> 01:21:27.440]  On this Friday the 15th day of September 2023
[01:21:27.440 --> 01:21:33.440]  And sorry we're a little bit slow, we were having some technical discussions on the break
[01:21:33.440 --> 01:21:41.440]  Ok Teresa we need to finish this out because we've got three callers and three segments
[01:21:42.440 --> 01:21:47.440]  Brett can you unmute Teresa, my board is not working
[01:21:47.440 --> 01:21:49.440]  Yeah she's there, she's live
[01:21:49.440 --> 01:21:55.440]  Ok send me an email, let's talk about this off the air, this is important
[01:21:55.440 --> 01:22:04.440]  Finding something new, it appears as though this is kind of a common practice
[01:22:05.440 --> 01:22:10.440]  And Teresa send him that that you got, that somebody sent you
[01:22:10.440 --> 01:22:17.440]  Where they had an intelligent response or some kind of response taking Young into account
[01:22:17.440 --> 01:22:24.440]  Ok and I just want to ask one quick question and then I'll let you guys go
[01:22:24.440 --> 01:22:36.440]  Was it undecided as to whether or not them being paid by the city is that enough to get the 12B6 stricken or we're not sure?
[01:22:36.440 --> 01:22:48.440]  Well this should get it stricken because the lawyer does not have standing to represent the client
[01:22:49.440 --> 01:22:50.440]  Ok
[01:22:50.440 --> 01:22:57.440]  So the lawyer filing that motion in this case is like me trying to file the motion of the case
[01:22:58.440 --> 01:23:01.440]  I can't file it because I don't have standing
[01:23:01.440 --> 01:23:07.440]  This lawyer is being paid by the city so he can't represent these clients
[01:23:08.440 --> 01:23:09.440]  Ok
[01:23:09.440 --> 01:23:13.440]  So it's improperly filed and improperly filed means it's not before the court
[01:23:14.440 --> 01:23:20.440]  Ok alright awesome thank you so much gentlemen this has been you guys have made my night
[01:23:21.440 --> 01:23:22.440]  Ok
[01:23:23.440 --> 01:23:27.440]  Thank you very much and god bless both of you and have a great rest of your show
[01:23:27.440 --> 01:23:32.440]  Ok thank you Teresa now we're going to Andy in Pennsylvania
[01:23:33.440 --> 01:23:38.440]  If I can get my, you better bring it up my board is not working well Brett
[01:23:42.440 --> 01:23:43.440]  Ok
[01:23:44.440 --> 01:23:46.440]  You there Andy, you there?
[01:23:47.440 --> 01:23:48.440]  Yeah I'm here
[01:23:49.440 --> 01:23:50.440]  Ok
[01:23:51.440 --> 01:23:53.440]  What do you have for us today?
[01:23:53.440 --> 01:24:03.440]  I spoke to you last week about the file bankruptcy and I got evicted from my house anyway
[01:24:04.440 --> 01:24:08.440]  Hold on, hold on are you on a hands free device?
[01:24:09.440 --> 01:24:10.440]  Yeah
[01:24:11.440 --> 01:24:12.440]  Now
[01:24:12.440 --> 01:24:22.440]  Ok what I'd like you to do is take that hands free device and beat yourself around the eyes and the ears
[01:24:23.440 --> 01:24:24.440]  Sorry about that
[01:24:24.440 --> 01:24:26.440]  Ok try it now
[01:24:27.440 --> 01:24:29.440]  How are we now?
[01:24:31.440 --> 01:24:32.440]  That's better
[01:24:32.440 --> 01:24:33.440]  That sounds better
[01:24:33.440 --> 01:24:43.440]  Yeah I spoke to you last week about the file bankruptcy and they still evicted me even though there was a stake
[01:24:45.440 --> 01:24:48.440]  That's a big deal
[01:24:49.440 --> 01:24:51.440]  Ok what has happened in the interim?
[01:24:53.440 --> 01:25:00.440]  I've been trying to get my personal items out of the house which keeps making excuses why I can't get my stuff out of the house
[01:25:00.440 --> 01:25:07.440]  Did you notify the bankruptcy court that they evicted you in the face of a stay?
[01:25:08.440 --> 01:25:09.440]  Yes
[01:25:10.440 --> 01:25:12.440]  What did the court do?
[01:25:13.440 --> 01:25:15.440]  Nothing yet
[01:25:19.440 --> 01:25:26.440]  No I tried last Saturday to get the stuff out but she told me I had to do it on the weekend because that's the only time she had to do it
[01:25:26.440 --> 01:25:29.440]  She said she was working last weekend
[01:25:30.440 --> 01:25:32.440]  Ok we're just getting bits and pieces
[01:25:33.440 --> 01:25:40.440]  What about the bankruptcy judge? Did you notice the judge that you were evicted when there was an automatic stay in place?
[01:25:40.440 --> 01:25:53.440]  I spoke to the clerk at the bankruptcy court
[01:25:54.440 --> 01:25:57.440]  I didn't actually speak to the judge
[01:25:58.440 --> 01:26:04.440]  Ok you need to file for an emergency hearing
[01:26:05.440 --> 01:26:06.440]  Ok
[01:26:06.440 --> 01:26:11.440]  Have they moved all your property out of the apartment?
[01:26:12.440 --> 01:26:14.440]  No it's still in there and I've been trying to get it
[01:26:15.440 --> 01:26:27.440]  Ok then file for an emergency restraining order restraining them from evicting you and ask for an order to give you access to the property
[01:26:28.440 --> 01:26:29.440]  Ok
[01:26:30.440 --> 01:26:34.440]  You get a hold of that judge, that judge is not going to be a happy camper
[01:26:34.440 --> 01:26:35.440]  Ok
[01:26:36.440 --> 01:26:41.440]  Judges don't like their automatic stays being violated
[01:26:42.440 --> 01:26:44.440]  I'll do that Monday morning
[01:26:45.440 --> 01:26:47.440]  Yeah if you have to go down to the court
[01:26:48.440 --> 01:26:49.440]  Oh I will
[01:26:49.440 --> 01:27:06.440]  She messaged me back today that I have to give her a list of the people that are coming with me to move the stuff out and it will have to be next Sunday if she can get a constable there on Sunday
[01:27:07.440 --> 01:27:09.440]  Is she going to be your landlord?
[01:27:09.440 --> 01:27:18.440]  I was actually leased a house to buy and money
[01:27:19.440 --> 01:27:21.440]  The sheriff's department
[01:27:22.440 --> 01:27:33.440]  Call the sheriff's department and tell the sheriff's department that before they evicted you, you had an automatic stay in place from a bankruptcy
[01:27:34.440 --> 01:27:36.440]  And ask the sheriff
[01:27:36.440 --> 01:27:38.440]  Ok hold on, you did?
[01:27:39.440 --> 01:27:51.440]  Yeah I went right after I got out of the bankruptcy court I went right to the sheriff's department and said I'm supposed to be evicted and this is from the bankruptcy court stating that I'm supposed to be stayed and they did it anyway
[01:27:52.440 --> 01:27:57.440]  So the sheriff evicted you in the face of a bankruptcy
[01:27:58.440 --> 01:27:59.440]  Yep
[01:27:59.440 --> 01:28:13.440]  In the short term this is going to be difficult but in the long run you're going to have a major claim against the sheriff and the only department
[01:28:14.440 --> 01:28:20.440]  Is this a rental or is it a foreclosure?
[01:28:20.440 --> 01:28:38.440]  No it was a house that we lease optioned the house on a handshake and then I put like $54,000 worth of money into the house and they just want to get rid of me and not even try to settle with me
[01:28:39.440 --> 01:28:43.440]  Wait a minute, we're not understanding something, was it your house?
[01:28:44.440 --> 01:28:46.440]  It was her house
[01:28:46.440 --> 01:29:09.440]  He said lease option on the house and he put $54,000 worth of work into repairing and improving the house and now the landlord or previous owner or whatever you want to call her, she doesn't want to honor the lease option, she wants to just get rid of him and have the benefit of the improved home
[01:29:10.440 --> 01:29:12.440]  So she's kicked him out
[01:29:12.440 --> 01:29:19.440]  Okay so and you filed bankruptcy and they kicked you out in the face of the bankruptcy
[01:29:20.440 --> 01:29:24.440]  Yep and she's already shut the power off and put it in her name
[01:29:25.440 --> 01:29:31.440]  Wait a minute, she's already did what to the title?
[01:29:32.440 --> 01:29:36.440]  She cancelled the electric in my name and put it in her name
[01:29:36.440 --> 01:29:47.440]  Oh okay, that's not a big deal, that's something that's easy enough, that's just she'll pay for it but you're going to have a major lawsuit against her
[01:29:48.440 --> 01:29:57.440]  Do you have a place to stay in the meantime? Hang on, we're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back
[01:29:57.440 --> 01:30:10.440]  A top cyber security expert has a warning for America, if you build an electrical smart grid the hackers will come and they could cause a catastrophic blackout
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[01:32:59.440 --> 01:33:12.440]  You are listening to the Logos Radio Network, logosradionetwork.com
[01:33:29.440 --> 01:33:57.440]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Andy in Pennsylvania
[01:33:57.440 --> 01:34:08.440]  Okay, Andy, you're leasing a property on lease option. What does the option mean? Option to buy?
[01:34:09.440 --> 01:34:10.440]  Yes
[01:34:11.440 --> 01:34:16.440]  So you had an option to buy. Did the lease contract expire?
[01:34:16.440 --> 01:34:36.440]  What happened was we did it on the handshake for a year, and then she got separated from her husband, and she said she needed to, she couldn't hold the lease anymore
[01:34:36.440 --> 01:34:50.440]  I said, well, she couldn't hold the lease anymore, so the lease isn't up yet. And I said, I'm in no position right now, because I had to go for a procedure, and I wasn't working at the time
[01:34:51.440 --> 01:35:01.440]  Okay, so this is a handshake lease. That's problematic. Did she dispute the fact that there was a lease agreement?
[01:35:01.440 --> 01:35:14.440]  No, what they did was they sent a letter to my house stating that I had to sign a contract with her. Within 10 days or they were going to evict me
[01:35:15.440 --> 01:35:24.440]  Okay, did they produce a contract?
[01:35:25.440 --> 01:35:26.440]  Yes
[01:35:26.440 --> 01:35:32.440]  Did the contract match the verbal agreement that you had?
[01:35:33.440 --> 01:35:37.440]  No, and I made corrections on it
[01:35:38.440 --> 01:35:43.440]  And did they accept the corrected contract?
[01:35:43.440 --> 01:35:56.440]  Yes, and then when I couldn't get a mortgage, I went and seen one of my buddies that was going to give me the money
[01:35:57.440 --> 01:36:01.440]  Okay, wait a minute, you're leaving big pieces out
[01:36:02.440 --> 01:36:10.440]  So the contract called for you to secure a mortgage to purchase the property, is that correct?
[01:36:10.440 --> 01:36:12.440]  Correct, yep
[01:36:13.440 --> 01:36:14.440]  How much time did they give you?
[01:36:15.440 --> 01:36:16.440]  90 days
[01:36:17.440 --> 01:36:23.440]  Were you not able to secure the loan within the 90 days?
[01:36:24.440 --> 01:36:28.440]  No, not through the bank
[01:36:29.440 --> 01:36:36.440]  Okay, so the only claim is bankruptcy, otherwise she has a right to the property
[01:36:36.440 --> 01:37:00.440]  Okay, so the thing to do is if the sheriff has been noticed of a bankruptcy, did you have a copy of the bankruptcy paperwork?
[01:37:00.440 --> 01:37:11.440]  I gave them a copy, they made me three copies and I handed them to the sheriff, the clerk at the sheriff's office and said I'm supposed to be evicted, and this is my bankruptcy paperwork
[01:37:11.440 --> 01:37:35.440]  So you might call the sheriff and talk to him and say look, you have a bankruptcy stay in front of you, you don't want to go in there and evict me in the face of that bankruptcy stay because Monday morning the federal judge is going to be all over you
[01:37:35.440 --> 01:37:50.440]  We had that issue, someone came to me, they were about to be evicted, I told them go down, they were going to be evicted at 10, the constable was going to be there
[01:37:50.440 --> 01:38:05.440]  I said at 9 o'clock you'll be at the bankruptcy court, file a chapter 7, he filed it, came back and told the constable that he filed a bankruptcy and he couldn't evict
[01:38:05.440 --> 01:38:19.440]  The constable said he didn't care, he was ordered to evict and he was going to evict, the guy had two dogs, he said if you don't put those dogs away I'll shoot them, so he called me and I said call the sheriff
[01:38:19.440 --> 01:38:34.440]  He called the sheriff, told him about the bankruptcy stay, the sheriff apparently called the constable because the constable all of a sudden decided not to evict that he left
[01:38:34.440 --> 01:38:50.440]  This was on a Friday, Monday they had a phone meeting with the judge, the lawyer for the client, the one who did the eviction
[01:38:50.440 --> 01:39:06.440]  And the judge said, and who is this that was going to evict, I forget the guy's name, in face of my automatic stay, he said it got real quiet on the phone
[01:39:06.440 --> 01:39:22.440]  Federal judges do not like to be messed with, so you might tell the sheriff you might want to be very careful because you'll have a federal judge up your behind Monday morning
[01:39:23.440 --> 01:39:33.440]  I'm already out of the house, they already got me out
[01:39:33.440 --> 01:39:42.440]  I got a text stating come get your dog, I wasn't even home, I said come get your dog out of the house, that was two weeks ago, Wednesday would be two weeks
[01:39:43.440 --> 01:39:50.440]  Wait a minute, two weeks ago, when did the automatic stay take place?
[01:39:51.440 --> 01:40:00.440]  The day of the memorial day, that would be Tuesday, on Wednesday I get a text, come get your dog out of the house
[01:40:00.440 --> 01:40:08.440]  Wait a minute, did you go to the federal court, to the bankruptcy court and tell them that they were violating the stay?
[01:40:09.440 --> 01:40:14.440]  No I didn't go, like I said it was already done by the time I
[01:40:15.440 --> 01:40:26.440]  Doesn't matter, look, you've waited till the weekend and you haven't noticed the federal judge?
[01:40:26.440 --> 01:40:31.440]  I've never done this before, this is all new to me
[01:40:32.440 --> 01:40:39.440]  You'll have a pretty substantial lawsuit against them and the sheriff
[01:40:40.440 --> 01:40:45.440]  But do you have a place to stay until Monday?
[01:40:46.440 --> 01:40:47.440]  Yes
[01:40:48.440 --> 01:40:53.440]  Don't worry about what they do, the federal judge will undo it
[01:40:53.440 --> 01:40:55.440]  Okay
[01:40:56.440 --> 01:41:00.440]  And tell them that you would have been here earlier but you just didn't know what to do
[01:41:01.440 --> 01:41:05.440]  The federal judge is not going to be happy that they violated his stay
[01:41:06.440 --> 01:41:07.440]  Right
[01:41:08.440 --> 01:41:15.440]  And then you need to look at suing the sheriff for evicting you in the face of a bankruptcy stay
[01:41:16.440 --> 01:41:17.440]  Okay
[01:41:17.440 --> 01:41:21.440]  And you were horribly traumatized
[01:41:21.440 --> 01:41:25.440]  Now you have PTSD
[01:41:26.440 --> 01:41:37.440]  Oh it was awful, you were thrown out in the street and defamed in front of everybody
[01:41:38.440 --> 01:41:46.440]  This will take care of itself Monday, when the federal judge finds out what's going on he'll get this straightened out
[01:41:46.440 --> 01:41:50.440]  And then you need to look at suing the judge
[01:41:51.440 --> 01:41:59.440]  Okay, that's about all we can do today and I've got one segment and three callers
[01:42:00.440 --> 01:42:01.440]  Okay
[01:42:02.440 --> 01:42:07.440]  You go to the federal judge Monday and the federal judge will show you how to straighten this out
[01:42:08.440 --> 01:42:09.440]  Okay
[01:42:10.440 --> 01:42:12.440]  Okay, thank you for calling
[01:42:13.440 --> 01:42:14.440]  Thank you
[01:42:14.440 --> 01:42:18.440]  My caller page is not working, will you bring this up to the next one?
[01:42:19.440 --> 01:42:22.440]  Yeah, we've got Eric in Massachusetts
[01:42:25.440 --> 01:42:35.440]  Eric, you should be able to talk to Andy about evictions and such, you know about that
[01:42:38.440 --> 01:42:39.440]  Hello Eric
[01:42:40.440 --> 01:42:41.440]  Hello
[01:42:41.440 --> 01:42:42.440]  There you go
[01:42:42.440 --> 01:42:44.440]  Andy, can you hear me?
[01:42:45.440 --> 01:42:46.440]  Andy from Pennsylvania
[01:42:47.440 --> 01:42:48.440]  Oh hey Andy
[01:42:50.440 --> 01:42:52.440]  So here, this actually my question is different
[01:42:53.440 --> 01:42:59.440]  So where we left off, I asked the judge to recuse himself
[01:43:00.440 --> 01:43:07.440]  And I don't remember if I told you this or not, but I found, I think right before I wrote the motion for recusal
[01:43:07.440 --> 01:43:15.440]  The state constitution of Massachusetts requires judges to require at 70, this judge is 72 years old
[01:43:16.440 --> 01:43:17.440]  Oh yeah
[01:43:18.440 --> 01:43:25.440]  Work around laws where a judge can be recalled for a 90 day period
[01:43:26.440 --> 01:43:32.440]  The judge has been working in this position for longer than, I think I did tell you because you said two and a half years
[01:43:32.440 --> 01:43:45.440]  Anyway, he refused to recuse himself, so I did an interlocutory appeal, which is somewhat unique, it's within the district appeals court
[01:43:46.440 --> 01:43:52.440]  Okay, hang on, hang on, we've got to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio
[01:43:53.440 --> 01:43:59.440]  Hang on, I'm not going to give out the calling numbers, we've got a full board of callers and only one segment left
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[01:46:23.440 --> 01:46:50.440]  The people come down from the mountains
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[01:47:10.440 --> 01:47:16.440]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Eric of Massachusetts
[01:47:16.440 --> 01:47:19.440]  Hello Eric, okay, where were we?
[01:47:20.440 --> 01:47:28.440]  Okay, so I filed kind of an unusual thing, it's called an interlocutory appeal in Massachusetts
[01:47:29.440 --> 01:47:32.440]  It's a 118A, most of the, even the judge didn't know anything about it
[01:47:33.440 --> 01:47:40.440]  It just allows you to do an appeal to the appellate court, appellate division of the district court
[01:47:40.440 --> 01:47:50.440]  Basically it's a collateral estoppel for asking somebody to do a specific action
[01:47:51.440 --> 01:47:53.440]  I'm not sure if it's going to apply to that
[01:47:54.440 --> 01:47:56.440]  Let me address an interlocutory
[01:47:57.440 --> 01:48:05.440]  If you have a ruling by the court that if the ruling were in your favor
[01:48:05.440 --> 01:48:10.440]  It would eliminate an argument you would have to have
[01:48:11.440 --> 01:48:18.440]  Or if the ruling is in your favor would be dispositive in that it would dispose of the case
[01:48:19.440 --> 01:48:25.440]  Anything that would prevent the case from efficiently moving along
[01:48:26.440 --> 01:48:32.440]  You can file an interlocutory appeal and ask for the appellate court to correct the issue
[01:48:32.440 --> 01:48:44.440]  If it's dismissal, dismiss the case, if it's some argument that you should have and the judge didn't let you have it
[01:48:45.440 --> 01:48:49.440]  That will make it so that you can't effectively adjudicate your case
[01:48:50.440 --> 01:48:54.440]  Then you can get that corrected in the interest of judicial efficiency
[01:48:55.440 --> 01:48:57.440]  Did that make sense?
[01:48:57.440 --> 01:49:07.440]  Absolutely, in Massachusetts it's kind of unusual at the district court, at the district court appeals
[01:49:08.440 --> 01:49:18.440]  It's basically a claim of estoppel for equitable relief, only being specific performance
[01:49:19.440 --> 01:49:22.440]  It has nothing to do with monetary damages
[01:49:22.440 --> 01:49:26.440]  But that's not really my question, my question is
[01:49:27.440 --> 01:49:34.440]  I don't think that this is going to fly with the interlocutory appeals
[01:49:35.440 --> 01:49:37.440]  They'll figure some way to sidestep it
[01:49:38.440 --> 01:49:40.440]  You've been talking about ex parte Young
[01:49:40.440 --> 01:49:52.440]  And what I was thinking is I could go to the federal court and do a declaratory judgment to get them to basically say
[01:49:53.440 --> 01:49:59.440]  None of these judges across the state should be adjudicating cases
[01:50:00.440 --> 01:50:02.440]  Because I'm sure there's many of them as we talked last time
[01:50:03.440 --> 01:50:08.440]  So where does ex parte Young come if I'm filing a lawsuit against the judge?
[01:50:08.440 --> 01:50:14.440]  Would it apply for the declaratory judgment against all the judges or both?
[01:50:15.440 --> 01:50:23.440]  Well, I sued all of the highest judges in Texas in their personal capacity
[01:50:24.440 --> 01:50:30.440]  So if you're saying that this judge does not have legal standing to sit as a judge
[01:50:30.440 --> 01:50:38.440]  And because of that, the judge is denying you in the due course of the laws
[01:50:39.440 --> 01:50:43.440]  Due course of law is kind of a catch-all and it's a federal catch-all
[01:50:44.440 --> 01:50:49.440]  The federal constitution guarantees you in the due course of the law
[01:50:49.440 --> 01:50:59.440]  So if the judge sits when he's not allowed to sit, then he's acting under the color or pretense of an official capacity
[01:51:00.440 --> 01:51:07.440]  Then you sue him in his personal capacity, then the Young Doctrine would apply
[01:51:09.440 --> 01:51:15.440]  Okay, but not for necessarily a declaratory judgment where I say here's the Massachusetts Constitution
[01:51:15.440 --> 01:51:19.440]  These judges, this judge and all these other judges aren't following it
[01:51:20.440 --> 01:51:24.440]  They're working well beyond their 70 years old, 70 years of age
[01:51:25.440 --> 01:51:33.440]  Yeah, and you would have to make the claim that you're being denied the equal protection of the law
[01:51:34.440 --> 01:51:37.440]  That would get you in on the 14th Amendment
[01:51:37.440 --> 01:51:47.440]  And that the judge is, okay, I wanted to say impersonating a public official, but that would be a state claim
[01:51:48.440 --> 01:51:52.440]  The only thing I could think of here is 14th Amendment claim
[01:51:53.440 --> 01:51:55.440]  Brett, you got any ideas?
[01:51:56.440 --> 01:51:58.440]  No, not really
[01:51:58.440 --> 01:52:06.440]  Okay, so you make a 14th Amendment claim that they're denying you the equal protection of the laws by giving you an invalid judge
[01:52:07.440 --> 01:52:09.440]  It doesn't matter if you win it or not
[01:52:10.440 --> 01:52:18.440]  If you drag that judge into the federal court and force him to have to answer, he's likely to do what everybody else has done
[01:52:19.440 --> 01:52:24.440]  And get the, in your case, your attorney general to answer for him
[01:52:24.440 --> 01:52:35.440]  Then you get to move to strike the attorney general's pleading is not properly before the court unless there is a provision in Massachusetts law
[01:52:36.440 --> 01:52:43.440]  That allows the state to provide lawyers to judges sued in their personal capacity
[01:52:44.440 --> 01:52:46.440]  Which there may be
[01:52:47.440 --> 01:52:48.440]  Yeah
[01:52:48.440 --> 01:52:50.440]  You'd need to check for that
[01:52:50.440 --> 01:52:56.440]  But if not, then under Young, well, I don't know
[01:52:57.440 --> 01:53:01.440]  Even if they do, I think Young would block that
[01:53:04.440 --> 01:53:11.440]  Because they're saying you can't, the state cannot protect a state official from a violation of federal law
[01:53:12.440 --> 01:53:15.440]  And providing them with counsel would be protecting them
[01:53:15.440 --> 01:53:18.440]  So the judge would have to pay his own lawyer
[01:53:19.440 --> 01:53:20.440]  Yeah
[01:53:20.440 --> 01:53:22.440]  That would make them crazy
[01:53:24.440 --> 01:53:32.440]  So get the Young Doctrine, 209 U.S. 123, and read it through carefully
[01:53:33.440 --> 01:53:35.440]  And then write your pleading accordingly
[01:53:36.440 --> 01:53:38.440]  That's only if I'm suing him, right?
[01:53:38.440 --> 01:53:45.440]  That's only if I'm suing him, not if I'm doing a declaratory judgment against all the judges over 70 years old
[01:53:46.440 --> 01:53:51.440]  That's a different, you can't sue, you can't do that for declaratory judgment
[01:53:51.440 --> 01:54:00.440]  You'd have to do that for 1201 declaratory judgment
[01:54:01.440 --> 01:54:03.440]  Yeah, that's what I'm saying
[01:54:03.440 --> 01:54:08.440]  Oh, you're saying declaratory judgment, I'm thinking interrogatory appeal
[01:54:08.440 --> 01:54:11.440]  Yes, declaratory judgment would be the right one
[01:54:12.440 --> 01:54:17.440]  You just talk funny, you don't speak English, you speak that strange foreign Yankee dialect
[01:54:19.440 --> 01:54:21.440]  You're obviously not from Texas
[01:54:24.440 --> 01:54:26.440]  But yeah, you're right, declaratory judgment
[01:54:26.440 --> 01:54:34.440]  You'd ask the federal court to declare that the judge is not eligible to sit on the bench
[01:54:35.440 --> 01:54:41.440]  But then again, no, I don't know if you can, you can't get to the federal court with declaratory judgment
[01:54:41.440 --> 01:54:45.440]  Because you're asking the federal court to rule on state law
[01:54:46.440 --> 01:54:47.440]  You'd have to file that
[01:54:47.440 --> 01:54:49.440]  Well, there is a provision for that
[01:54:49.440 --> 01:54:53.440]  If he goes after due process and says, look, I need due process here
[01:54:53.440 --> 01:55:00.440]  And I'm being thwarted in this, and his claim is federal in nature
[01:55:01.440 --> 01:55:07.440]  Then he can also bring this other issue and say, I want you to rule on this
[01:55:07.440 --> 01:55:12.440]  And they call it pendant jurisdiction over a related state matter
[01:55:13.440 --> 01:55:18.440]  Yeah, but I don't see how they would get to pendant jurisdiction
[01:55:18.440 --> 01:55:23.440]  This is a state case being tried in the state
[01:55:24.440 --> 01:55:30.440]  How do we get to federal pendant jurisdiction asking the feds to rule on state law?
[01:55:31.440 --> 01:55:34.440]  Well, I don't think he could take the same case to the fed
[01:55:34.440 --> 01:55:41.440]  But he could go to the fed with a new case and sue in the fed for state violation of
[01:55:42.440 --> 01:55:45.440]  For this state actor violating his due process rights
[01:55:45.440 --> 01:55:56.440]  It would be separate, it wouldn't be the same case, not like an appeal taking the same claim to the fed
[01:55:57.440 --> 01:56:00.440]  But how is this going to help him here?
[01:56:01.440 --> 01:56:03.440]  If you take a different issue
[01:56:03.440 --> 01:56:07.440]  Right now we're looking at this judge ruling in this state case
[01:56:07.440 --> 01:56:10.440]  Where he doesn't have standing to sit on the bench
[01:56:10.440 --> 01:56:15.440]  And now you can say that violates 14th amendment and get to the fed
[01:56:15.440 --> 01:56:19.440]  And then ask the fed for a restraining order maybe
[01:56:23.440 --> 01:56:27.440]  Gentlemen, it's a constitution, it's mass constitution
[01:56:27.440 --> 01:56:31.440]  It's not a law, it's constitution, mass constitution
[01:56:31.440 --> 01:56:35.440]  No, but it's mass constitution, it's not federal constitution
[01:56:35.440 --> 01:56:38.440]  Okay, so I just thought I'd throw that out there
[01:56:38.440 --> 01:56:45.440]  Yeah, you should be able to make the claim
[01:56:45.440 --> 01:56:51.440]  That because I have this right under the Massachusetts constitution
[01:56:52.440 --> 01:57:00.440]  And the Massachusetts constitution defines the due course of the laws
[01:57:00.440 --> 01:57:05.440]  And you see the constitution doesn't really apply to you, it applies to them
[01:57:05.440 --> 01:57:08.440]  But it goes to the due course of the law
[01:57:08.440 --> 01:57:12.440]  And the due course of the law, that's something that applies to you
[01:57:12.440 --> 01:57:17.440]  That is a claim that rings in the state or the fed
[01:57:17.440 --> 01:57:20.440]  And it is harm per se
[01:57:20.440 --> 01:57:28.440]  So you could sue the judge and the fed for the harm of denying you in the due course of the laws
[01:57:28.440 --> 01:57:32.440]  And get him outside his immunity
[01:57:32.440 --> 01:57:37.440]  That would probably make him duck and run for cover
[01:57:37.440 --> 01:57:39.440]  Does that make sense?
[01:57:39.440 --> 01:57:47.440]  Would that be under the 14th, like the violation of due course of law 14th amendment?
[01:57:47.440 --> 01:57:52.440]  Well, no, I think the 4th amendment guarantees you due course
[01:57:52.440 --> 01:57:57.440]  The 14th guarantees equal protection
[01:57:57.440 --> 01:58:05.440]  The 5th and the 14th both go to due process
[01:58:05.440 --> 01:58:10.440]  So you could claim those and drag him into the fed and make him pay for his own lawyer
[01:58:10.440 --> 01:58:17.440]  And that's likely to make him hit the road
[01:58:17.440 --> 01:58:22.440]  Okay, we are out of time
[01:58:22.440 --> 01:58:30.440]  Okay, Elena and John, I'm sorry we didn't get to you
[01:58:30.440 --> 01:58:33.440]  The board kind of filled up there right at the end
[01:58:33.440 --> 01:58:37.440]  This is Randy Kelton, Brett Felton, Rule of Law Radio
[01:58:37.440 --> 01:58:44.440]  We'll be back next week at our regular Thursday and Friday night show starting at 8 Central
[01:58:44.440 --> 01:58:47.440]  Thank you all for listening
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