Understanding Due Process and Legal Strategy | Keng EL Bey Breakdown

We trace how Keng EL Bey ’s child support fight pushed him into deep study of constitutional law and courtroom procedure, then we map a clear method for reading statutes and building real legal arguments. We also get practical about police encounters, speedy trial, and why due process fails when people do not know how to raise violations on the record.
• King L Bay’s path from nursing into litigation and legal study
• Building a non pseudo-law approach rooted in statutes, precedent, and constitutional muster
• A step-by-step method for reading a statute through intent, principles, elements, and evidence
• Case law versus statutory law and why Supreme Court precedent shapes enforcement
• Due process in simple terms as required steps government must follow
• Procedural due process versus substantive due process and how to argue each
• Common ways people waive rights by talking, signing, or declining counsel
• Speedy trial, tolling, continuances, and ineffective assistance concerns
• Unequal outcomes across communities and the case for judicial watchdog services
• Fifth Amendment silence, Miranda, Terry stops, probable cause, and search and seizure basics
• Qualified immunity and what changes when a violation is provable
You can reach out to Abdullah Bey 
You can find me on Facebook on the Keng EL Bey 
My email is Keng EL Bey at gmail.com

Transcript

Opening And Cincinnati Roots

SPEAKER_02 0:42

I was doing this thing with my muck, working my muck and the people with the machine was rubbing against my people. And I was going down blue, and that's why I'm looking like this a little out of thought anyway. Um, thank you for coming out, QL bo. Uh before we go into Tow, I want to ask some questions uh about the background a little bit before we go into it. Usually we we ask people about like how did they come up, how do they get the quick consequence, and yada yada yah. So today uh where uh were you uh uh uh uh born and raised? Uh oh born and raised in Cincinnati, Ohio. Okay, Cincinnati, Ohio, uh right. I was I w I've been to Ohio doing a a power lifting certification in Columbus. That was an interesting interesting trip some years ago. Um, and then so in Cincinnati and Ohio, how did you come upon, you know, the teachings of law and you know things like that?

Child Support Sparks Legal Study

SPEAKER_00 1:55

So this is how it worked out for me. I went to school for nursing, so I didn't have none of this on my radar. I actually I started having some issues with child support. Um, I didn't understand what was going on. I had my daughter had been living with me for several years. Um, and they just came, it was all about money. It was, you know, and I'm like, hold up. Me and the mom have been together. Um my daughter been living with me. I got information on Rhoda in school. I don't understand how she can come down here and just do this, and nobody was listening to me. So that was my surge, you know, 17 years ago to start looking at the law, to start trying to understand what was going on. Because they wanted me to pay, they wanted me to pay a very high amount, you know, a couple of grand a month. And I didn't understand like none of the things I was talking about. So I hired an attorney, and one of the things, like, I was kind of upset it with him at court. It was like you didn't pay me to file motions, you paid me to show up. So I didn't understand the whole thing. Um, my life got derailed, I was in economic hardship, the economy crashed in 2008, no overtime. I try to pick up a second job. They wanted more money, and I'm like, y'all already getting this. So me trying to, you know, substitute uh for the income I lost, I try to get a second job, and they sent a letter to that job, and then my journey evolved. I took con, I reached out, it was a brother, um, Bandalay that I've been uh friends with for years. Um Yeah, I'm on, Abdullah. Yeah, I'm on.

unknown 3:56

All right.

SPEAKER_00 3:56

All right. So from there I reached out to my brother Bandalay. Peace to my brother, my that's my that's my brother from a different mother. Um he um introduced me to this Morris knowledge, and from there I just blossomed. It was like a fish to water. I think from the critical thinking skills that I had from nursing, transferred over to the legal side, where I was able to understand law a little more differently. Once I got the teaching from another brother, Ola Kwesu, and he broke it down to he really knew law, and he broke it down to me, and I was able to grasp what was going on, and then I just evolved my learning from there.

SPEAKER_02 4:50

All right, so you didn't you didn't really necessarily come to the temple or anything like that? No, no. Okay, okay, got you, got you. So how'd you come up with the name uh uh King L B?

SPEAKER_00 5:04

It was taking my name. So my name was Ken, and then my last name was Greg, so I just took the K E N and put the G on it and then put the L B to it. So I just that was my way of coming into that name.

SPEAKER_01 5:23

Okay.

SPEAKER_00 5:24

And how long have you had that name? Um for about maybe sixteen, fifteen years.

From Moorish Teachings To Method

SPEAKER_02 5:35

Okay, all right. That's peace. So uh one one thing I I would never uh uh uh uh uh one thing I I don't want to say like that. One thing I realize, right? Is that I start uh when when I see people uh with things that I'm not used to, like let's say like the late last name L books, things that I'm not used to, right? I'm used to L O B. So uh when I notice that I see things that I'm not used to when I ask a lot more people than what the same means over 10 years I'm definitely flipping with a couple. You cannot uh over 10 years that's a mean, you know, probably the documents wanted to work so you can't think about it. So now um getting into the teaching, getting to the teaching, you're gonna go through the more science teachings meaning like no jewali. However, you got the teachings from what I would say lineage of of of teachings.

The Formula For Reading Statutes

SPEAKER_00 6:48

So me and so I so I ran into Bandalay, um, Yom Bachia, my um, that's my brother from a different mother, so he was very Moorish conscious. So he started teaching me teachings of noble draw lead, but he had a twist. So we birthed New Kimmy. He already, they already had a temple. So me and him started working, and then he birthed New Kemet, and then from there I evolved and I created the Moores Union of Sovereign Tribes, and then I'm evolving even further, and now I have Privateers of America um to address things in a more um legal sense that is more um sharp, articulated. Like I don't go in there with a lot of the Moorish arguments because I know a lot of that, those arguments are not um valid on certain grounds, um, based on my understanding of treaty law, understanding the law and the legal framework associated from understanding the constitutionality, understanding that the United States sits on the axis of a two legal system, a common law and a civil law. One is based in judgment law and the other one is based in statute. Um that's the inferior um side of the law. But yet I understand how to deal with these things very articulated, not just based off of some um things that's not supported. So um when Abdullah met me, he didn't, he seemed like, okay, he's very astute in law. Um for example, we we worked on Michael Long Bay case, and I told him we was gonna beat this case based on the statutory language, what they call the substantive language in the statute. I was able to look at the statute and look at what elements needed to be proven. So the due process, right? What I learned was there's a formula to law, and it goes like something, it goes exactly like this. The principle you gotta understand what they call the philosophy. The philosophy is the thought process of how people look at things, how why. So it'll give you the intent and purpose. So when they when Congress or legislators make a statute, it had they have a certain mindset based on whatever. Why they're writing it, like mothers against drug driving. They they if the mothers behind that had a certain ideology to prevent drug driving. So they created the statute. You had to understand the mindset that went in that. So that's the philosophy standpoint, and they give you the intent and purpose. Now, from that philosophy, birthed a set of principles that's embodied in that statute. And that's them set of principles is then broke up into finer parts called the elements. That is the DNA that make up that principle, right? In which, in order to determine, just like me and you have our own set of DNA. To to link us to a situation based on our DNA, you gotta have certain findings, and our DNA is unique only to us. So that's how the elements is to every principle. Then you go from there, you use what they call the rules of evidence or evidentiary standards of practice to ensure that these elements have been met, right? Which create what they call the findings of facts.

SPEAKER_02 11:11

Okay, so let me interrupt for a second. So if you had if you had to if you had to break everything down step by step, right? And you go from you know A to Z, right? You know, or or one to nine, right? Uh start off with one and then take them to two and three, so they can really get a clear picture.

SPEAKER_00 11:34

Okay, you would you will always try to understand the philosophy, why they did that. That's number one. Then you would find the principles assorted that was created birthed, the idea birthed into that philosophy for their intent and purpose. So that you will find the principle that's two. Then you would find the elements. These are particular set of facts that must be proven in order for that statute to have validity for them to charge you.

SPEAKER_02 12:09

Without those elements, they can't charge you. Okay, so just to bring people up to speed, we're talking about a statute right now, right? Right. Okay, now how would a how would how would we read a statute? Like, how would it read? How would how would when we look at a statute versus a law, which is similar but not the same?

Due Process In Plain Language

SPEAKER_00 12:34

Well, statutes are law. So you got to understand the context of when we talk about law in the various degrees. So you have what they call judgment law, which is when the Supreme Court makes a ruling, right? That's that's what they do. They will make a law. They will create it, it might be named um, let me give you an example, Miranda, Miranda rights. So Miranda versus Arizona, that is judgment law. The court said, hey, based on this, right, now that's a law. That's a case law that you can utilize that is now guarded because that the government says, look, you have to do this before you can act. Due process is a it's a requirement, it's a requisite. It can't be weighed. So due process is a necessary thing that they must do, and it's it's a safeguard against government encroachment. That government can't just do anything when they come in contact with you. They have a set of rules or standards of practice that they have to do before they can start operating on you, start using their laws. So, judges, when you go to case law for its appealing court decisions, the Supreme Court, and even down to your trial court, you look at those laws and see what the court utilizes. And those laws, if the especially if the Supreme Court back it up, they become what they call the presidents, and now you can use that case law, which is now law, under the common law, according to the constitutional fold of government, that now that case law can be enforced. Now, under the legislative, under the so we got three branches of government under the congressional body, under the legislators, they had a right to create law, but it's inferior to the judgment law. Supreme Court get to interpret all law. Even the statues must meet what they call constitutional muster. They must make sure that when they create the statute, that they utilize the constitutional principles when creating that statute. And if that statute, because a lot of some of these statues may be even invalid, but nobody challenges it on its face. When what I mean by its face, they don't look at the statute to say, man, this is unconstitutional. The Supreme Court don't can't say it's unconstitutional until you bring it before them and they analyze it and you bring up those issues. So when we talk about statutory law versus case law, which is judgment law under the common law, these are two different, they sit on a different axis of law, in which one is superior to the other because the Supreme Court is the highest court of the land, and all other courts are inferior to their position on a constitutional fold. So when you're looking at a statute, a statute still must meet constitutional muster, and it must meet those that constitutional safeguards to ensure the integrity of that statute meets, you know, so the people can be safeguarded from government encroachment.

SPEAKER_02 16:24

Okay. I understand that. People just coming in from whatever they're doing. Um here's a question. For people, um for people who hear the term but don't really understand it, what is due process in simple terms?

SPEAKER_00 16:48

It's a government requirement that uh action that government must take before they can act. You cannot break the law to enforce it. The government don't get to skip a step. They must do these. This is why you got a no-du process, very important. You must understand that if governments don't follow these rules, then they disqualify the whole situation. So they don't get to act unless these things are in place. For example, if you go to the rules of criminal procedures, these procedures are governed by the Supreme Court. These rules are unforgiving on either side. So if you fail to do something according to the rules that is required, if the prosecutor failed to do something, he's under the same scrutiny. So he loses his way. And if the judge tried to um make light of that and allow the prosecutor to skip and get over that hump in which he violated one of those rules, that would be an abuse of discretion because the judge don't have the authority to allow such action once he's disqualified. So one of my key elements is what I do is I always try to get them in a pickle where they they disqualify themselves based on the issues that I raise. And a lot of times, through discovery matters and stuff like that, things that I highlight, a lot of times they don't even know. Especially these new prosecutors coming into the fold. So they may send a more experience, but a lot of times I would get them on where they're barred because they haven't, they they let the rule, the every rule has a time computation, it's with meaning that it's time sensitive. It has to be done by a particular set in time. And then they have to show if they go outside of that time requirement, they have to show good cause. They got to have a very good excuse why they're doing it, why they're late for doing that action. And if they don't have it, then it's unexcusable, and you win based on violation of that rule. So you have to be very um keen in understanding due process. And then you have that's procedural, then you have substantive. What is substantive due process?

SPEAKER_02 19:31

Oh, yeah, I was getting ready to go get to that. So, what's the difference between procedural and uh substantive uh process?

Courtroom Strategy And Common Mistakes

SPEAKER_00 19:42

So, substantive is based on um a set of fundamental rights that's inherent that every man and woman and child has once is born. It's God given. So, since since the government didn't give it, they can't take it away. Only God can give it and take it away. And what I mean is like every every man and woman and child have a right to have friends, have a right to work, have a right to um life, have a right to own property, have a right to marry, have a right to choose their religion, have a right to drive if you want to, have a right to travel where you want to, right? All of these things are inherited. Nobody gave you these things. Now, there are certain things that's privilege, like driving is a privilege, but instinctively every man and woman can walk or go wherever they want to go by any means, right? And you have to understand the context of what is fundamental, what do they look at as fundamental rights to understand how to safeguard your rights from government encroachment, and that's what the Constitution is for. To set up safeguards so government can't say, no, everybody in the city has to be Catholic. You have to, what if you don't want to be Catholic, if you want to be an atheist, or if you want to worship the devil or Satanists? People have the right to choose what they believe. As long as they're not encroaching upon and hurting other people, then the government can't take your right of thought away. Like your freedom of speech. You have a right to speak against things that's injustice, things you have a right to that. So once you understand these components and then even get deeper into the rabbit hole, once you understand substantive due process, once you understand that and you understand what procedure is, procedure is deal willing with the rules that is written, like rules of civil procedure, rules of criminal procedure, um, rules of procedure. Traffic rules, rules, local rules of the court, Supreme Court rules, appellate court rules. This is a very structured system based on rules. And these rules, it's just like playing football. If you're out of bounds and you make the catch, the catch is incomplete. It's not gonna be caught, right? If you face mask and grab somebody, that's a rule. If you break the rule, you're gonna get penalized, right? So it's just like any other game. There's a set of rules that must be followed to the letter of the law, or it's disqualified. And so that's the difference between substantive and due process. And it's you have to understand how to articulate that in your legal arguments and your petitions to the court in your motions so the court can look at that. So when I enter the courtroom, they understand by my dialogue and what I present to the court and how I challenge issues. I don't go in there challenging jurisdiction. I normally, if I challenge jurisdiction, I'm gonna challenge it based on due process, imperfection of service. Something they fail to do as a due process requirement in which they don't, the court cannot have jurisdiction because the other party failed to perform a requisite in order to um take action. So, like I said, you can't break the law to enforce it.

SPEAKER_02 23:43

Okay. Now, what are the common mistakes people make that hurt their own due process rights?

SPEAKER_00 23:52

Most of us are ignorant to due process in itself. Um we go in there, we talk, um, we don't listen, we don't know how to file, we don't recognize what's going on. We don't have enough legal IQ and have enough legal strategy. This is a strategy. I tell people when you're dealing with the courts, it's not just, oh, I know certain things or certain language or certain codes. There's a, that's, we're playing chess. I'm a strategist when I go into court. It ain't just me filing a bunch of paperwork. It's things that I'm doing. I'm setting things up so that I can capitalize on errors. Four things that the courts look at when you're dealing for appeal. They look for errors, omissions, defects, and mistakes. So I'm trying to get them in one of those categories so I can disqualify the case based on how I position the case, what kind of motions I put in. I file motions for sanctions a lot of time. I put a lot of things like spoilage of evidence, violation outside of the time computation, where now they're bar and I'm asking for the court to dismiss it, and that they never showing good cause and that passed the deadline. And stuff like that. So when I I hit them with a lot of different things. So, like one of my strategies, like I tell I tell um my guys, it's like me having a handful of rocks and I'm throwing them at the window. I just need one rock to get through to break the window. That's all I need. So I can capitalize.

SPEAKER_02 25:40

Gotcha. Makes sense. All right. How important is legal representation when it comes to protecting due process?

SPEAKER_00 25:49

So a lot of us have been told that lawyers bring you to the court, they turn you over. No, that's not the case. Um most of us are um is are in poverty, or we don't have the resources to have a good legal team. So we don't have people that's going to fight for us. You get a public defender, he's going to do his job. He has a revolving door. He probably has a heavy caseload of 40 or 50 people that he's going to go talk to. So he's spending five minutes here, five minutes there. So you're not getting legal representation. So when you go in there, he's just um they're trying to get a plea deal, they're trying to move forward. So you you must have good legal representation. That's one of the things that um we're trying to kill. Um are people not having sufficient information, right? Because this is why I'm going to take um teach this information. Having the right information, having the right personnel, and having the right strategy and the right team. So with me and Abdullah is teaming up. We're gonna, we're working on things, and I wrote several books. I wrote um the constitution, um, the constitution, um, the constitutional blueprint um to understand and due process. I got a book that will be coming out shortly on uh May, should be, I'll be up in New York and May the 15th to speak. Um I have these books available, the legal formula, a method to understand the law, uh, to show people, not based on no pseudo-law, not based on how I feel, this is stuff that's been proven. Um, this is nothing I created. I didn't make this up. This is stuff that they're using. The Supreme Court and all the courts are using these methodologies. This is nothing that I own. I didn't coin phrase like status corrections. Like somebody coined that. That has no basis in law. So I tell people if this don't have no basis in law, that means it's unrecognizable. That means you can't get a remedy. Your law has to recognize it.

SPEAKER_02 28:28

Okay, so can someone unknowingly wave their due process rights?

SPEAKER_00 28:33

Yes. They do it all the time. Can you give me an example? Um, they're going there, they might ask, do you want an attorney? They'd say no. Or they're going there and the court, the judge started asking them information. Like a guy was telling me that his brother went in the court and the judge started asking him questions. Say, are these your children in child support? What do these children call you? So he started speaking out of that. He didn't, the judge is there only to act as a referee. The judge is not there to participate in any kind of legal argument. He never challenged the judge and asked the judge, are you practicing law from a bench? Are you acting in a capacity outside of your judgeship? So most people don't know how to address the court. A lot of times they assign documents. You're gonna sign this document, you know, for a hearing. A lot of times you didn't get notice. It's a lot of it's so many things that I seen through my years of litigation. Like, it's just so many areas of due process violations over and over and over and over and over. Uh, a lot of people, like in New York, don't even have a raiment. There's a lot of people locked up right now and being the senior judge, had a raiment. They don't have a bond. This happened, this is a systemic issue. It's happening everywhere where you being held for months, six, seven months, a year, two years. You haven't had a raiment. You just being held, and nobody, and they're telling you you're gonna have a court date and you just sitting. No, that's speedy trial. Those are those are violations of due process of the highest magnitude. Supreme Court says. Hold on.

SPEAKER_02 30:44

Whoa. Say that one more time, brother.

SPEAKER_00 30:47

That is due process violations of the highest magnitude.

SPEAKER_02 30:51

Somebody sitting in prison or in jail, like they could be waiting on Rikers Island. Damn.

SPEAKER_00 31:00

They do this all the time. They pick us up and just hold us in there.

SPEAKER_01 31:04

Damn.

SPEAKER_00 31:05

No hearing, no, no nothing, haven't had a bail hearing, never had an arraignment, haven't heard the charges. And a lot of people don't know even that arraignment, you can file motions. A lot of times they'll violate you like you filed a motion. The court would be like, well, no, he got to entertain that motion. That's a violation, that's a due process. So they'll try to, the judge will skip over you all the time. That's another violation. We just don't know how to identify these issues so they don't get addressed appropriately. These are systemic issues across every state line. This brothers right now sitting in jail, haven't had arraignment, a bond, nothing. They're just sitting. Even after arraignment, they're supposed to be getting ready for trial. They're just sitting. You have your pretrial phase, you have your trial phase, and your post-trial phase, then you have your appealing phase. Some brothers are still in the pretrial phase, and they're sitting in there for years, maybe six months, year and a half, or two years, still in the pretrial phase, haven't moved forward with trial, they're still locked into that situation that violates speedy trial. They got 90 days to try to take you to trial.

SPEAKER_02 32:28

90 days.

SPEAKER_00 32:29

90 days. From so what this is what happens. A lot of times us don't, we don't know. It's a thing, what they call tolling the process. And what is tolling mean is where you stop the speedy trial pro um um action by filing continuances and other motions that would delay trial. Your attorney did it, or you did it. So that would stop, and then it would start all over from that point, and then speedy trial would kick in. A lot of times you have a public defender, he's filing continuances, he's doing all of this, and you're just sitting in jail. You see what I'm saying? You don't even know why he's doing it. You didn't even know he he filed it. That's another ineffective assistance of counsel. Counsel is not being uh openly communicating with you and filing motions. He works for you. He don't get to file a motion without your concern because that can trigger certain things that stop a speedy trial violations, and now you're sitting in jail for additional 90 to days to six months because he's active without your awareness, and you don't know how to bring it up in court because you don't understand these issues.

SPEAKER_01 34:01

Right. All right.

Money, Unequal Justice, Watchdog Plans

SPEAKER_02 34:03

Um, how uh do you think due processes apply equally across different communities?

SPEAKER_00 34:11

Oh, you know that's not true, brother.

SPEAKER_02 34:13

You know we don't ask that question, though. You know we don't get the same podcast, brother.

SPEAKER_00 34:20

You know we don't get the same treatment. You know, you know we it's you know we don't get the same treatment in the court, man. It's just obvious. You it's it's just obvious. We we we didn't experience this too many times where we don't get the same um treatment. That's why I want to create watchdogs, judicial watchdog services. What do you mean? Why do we we need one of those in every community? Why? So we can challenge what the courts are doing, so we can see, so we can petition, so we can protect. When you understand what's going on, right, you can take action. Right? You can start providing services in our community that stop this encroachment, and now we can safeguard these things. There's so many things that we can do because we don't have an idea of what's going on, and we're just ignorant to certain things, and they we're just low-hanging fruit, and they're picking on us, and we're filling the jails because we they know we don't have the resources or the information to protect us. They know this. So we are the most vulnerable people in society, in American society, because of our lack of resources or lack of information. So, what do that mean? Oh, these people are free to grab up, fill up the penitentiaries. These people are the low-hanging fruit in which we're gonna make a lot of money off of, right? Because they're gonna practice jail houses. They're gonna be the people that go to jail because a lot of these private prisons have what? Bed quotas. The states gotta fill so many beds, and they're under contract. And when you go to certain prisons on state and federal prisons, they're making items. They're making toothpaste, leather jackets, tables, all of these different things. And slavery is then is a condition of slavery is legal once you're locked up. So what they did was they just transform, transfer, transform slavery into the prison system. That's the new industrial complex of slavery. So this is why we packed that because based on our, they created this situation. So I don't blame our people for our situation. They created this situation for us, for us to be in this. And it's this time for us to understand what's going on legally so now we can understand these safeguards and put these things together to start making our community a little more resistant for them to be able to come in our community and encroach it and snatch people up and do the things that they're doing to our people. That's a fact. That's a fact.

SPEAKER_02 37:19

Oh, you're gonna be at uh uh God brewer over there in Jamaican Avenue?

unknown 37:24

Okay.

SPEAKER_02 37:25

I think so. Yeah, yeah, yeah. Okay. What day is that? I might have to pull up on you.

SPEAKER_00 37:31

Oh, May the 15th. I think it um I'm gonna be up in New York May the 15th, but it's on it's in May 16th, where I'm gonna be speaking. Um teaching these constitutional tools and the legal safeguards so we can be able to start being more proactive instead of reactive to our situation.

SPEAKER_02 37:58

All right. Uh so let me go to the next one. Um how does access well you already spoke on that. Well, we'll ask again, just in case for people, you know, for the people who just came in, how does access to money or legal resources impact someone's ability to receive fair due process?

SPEAKER_00 38:17

Well, I I tell people you you you pay for what you you give. So a lot of times when you don't have an attorney, this I'm just we're gonna keep it business. We're gonna keep it strict, you know, we're gonna keep it real. You know, you give a lawyer$500, how much work do you think you're gonna he's gonna do for you? If we give him$1,500, right? But if you're giving him$50,000, guess what? He's gonna move a lot different for you because there's a lot of money at stake, right? And he wants to keep his good name, this business. So if we look at OJ Simpson and what went on, Johnny Cochran did a hellafied job. Why? They was making millions of dollars. He had a research team, he had private investigators, he had he pulled all the stops out for OJ. And they did everything. They had legal, um, they had lab, re-did lab, you know, all of this lab work, all that cost money. So he was able to challenge a lot of different things based on the resources that was available. And the Johnny Cochran was probably one of the, he was the best lawyer in in the game at that time. Criminal, he didn't, he, Johnny Cochran didn't beat some big cases. He wasn't cheap. You're gonna spend a million dollars to go get old Johnny. You see what I'm saying? So that impact, you know how it is when you got the right people with the right information. That changes the game. And money and resources help do that. And that's why we're trying to do something to change all that. Giving the people the right information, the right resources, coming together, understanding what it takes, a unified front, so that we can start slowing some of these things down, you know, till it comes to a complete stop, to a halt, you know. But it takes time, it takes people with the right information. So I've been bringing the right information based on my years of experience of litigation. Like I'm not just no guy that taught, I really walk the walk. You know, I've really litigated, I've really done a lot of things in the legal system to help me bring to this knowledge. I'm not just reading some books and then don't having applied these things. You know, understanding how to look at the cases is very important. So, like I said, when we worked on Michael Long's Bay, um, looked at his case when he when we all spoke about it and, you know, formed the think tank. I told him, I said, you're gonna beat this case. This is easy. And we put the stuff together, he and it worked. It was the prosecutor saying, no prosecute. They have enough information to prosecute because people don't know how to motion plead. They got the wrong sense of how to use affidavits. They don't know how to use them. I used a motion, affidavit and supportive said motions with exhibits. Everything is numbered, everything is supporting, everything, my findings of facts is very strong based on how I present my case. It's very, it's very tight. And I've been approached by several judges. Hey, you need to go to law school. Whenever you they most of the time they think I'm a paralegal or a law student.

SPEAKER_02 42:06

All right. Uh what are some key due process rights people should know when interacting with police? Fifth Amendment.

SPEAKER_00 42:19

Just be quiet. That's number one. Just be quiet. Most people try to think they can talk their way out of anything. Just be quiet, because anything you say can and will be used against you. That's the number one. So the cops approach you, I don't care if it's for a traffic ticket. Just keep keep quiet. Most of us self-incriminate ourselves because we're trying to be slick. We think we could talk, and now that camera is recording, right? We're talking about speedy trial violations. We're talking about Miranda rights, right? You need to understand that. You need to understand Terry versus Ohio. What is a Terry frisk, right? You need to understand what they can do in the frisk. Search, illegal search and seizure. You need to understand, you know, what can they search? Um, why can't they search? A lot of times they would, you know, this is one of the things they love to do, especially when driving. I smell marijuana. And police have the experience. The judges go with this all the time. Oh, based on my experience, I've been an officer for 30 years or 15 years. I know with marijuana. So I remember one time I was a brother, right? So I said, do this. I said, when you go to court, do this. Burn some oregano or something. Ask him to take these two samples and ask him what's the difference. Put him up there and pre impeach him. Impeach his testimony. You're trying to get an officer to lie under oath, commit perjury, to get him impeached from everything he's done, impeached, because they got this rule called the good faith standard. That as long as the officer is acting in good faith, they get away with a lot of things. Right? So even when they breaking the law, if they're acting in good faith, like for example, if they come in your house, let's say, let's say that they went and got a warrant, right? But the warrant was illegal. Let's say that the officer or the person who went to get the warrant, it was a bad warrant. But the officer, by let's say I'm an officer, right, and I'm with you, and I act on that bad warrant. I don't have no knowledge of that bad warrant. Let's say I seen the person, I chased him down or whatever, and I seen that they had a warrant, I would be justified. The court would say, well, he was acting in good faith, scope of his duty, even though the warrant was bad. And they get away with stuff like that a lot of times. Now, the officer who committed the false warrant, that would be he and he make the arrest, they would say, okay, that was invalid. But they allow these these bad actors to influence other officers to do something, and then try to scrutinize it and say, well, he was acting in good faith. So we have to be careful, we have to understand the standards of operation. They do a lot of that. So you have to understand what's going on. So they'll say we smell marijuana, and then they'll come in there. Let's say, so let's say a marijuana seed is on the floor, right? On your, they don't know if you stepped into marijuana. They don't know where it came from. So a lot of times I had challenged the case on that. I was helping a brother. I said, how could they charge you? They say they smell marijuana. They didn't find it, but it was it was some on your a seed. Who says that seed didn't get lost in your shoe and it came out? Who says it that didn't happen? That's a that's a plausible situation. Now they charged him with marijuana, but they said they smelt it, but they didn't find it, but they found the seed. So they was trying to justify that. So we put the officer under the fire. How did you know that he he he wasn't on he stepped in something or somebody spilled some marijuana and the seed got lost in his shoe and it came out through his shoe that way? How would you know that don't is that a plausible situation? Yes, that's a plausible situation. Did you find marijuana? No, I didn't. How did you know he went around somebody that smoked marijuana and it was on his clothes? Well, I didn't know. So what so let's say this because probable cause is more than a hunch, right? Yes. So you you didn't have no articulated facts, you had no plain view where you seen any marijuana, you had no evidence of marijuana, nor you was just acting off a hunch. Am I correct? Yes. So probable cause is not a hunch, it's some articulated facts that must be present.

SPEAKER_03 47:46

He beat it based off of presenting these issues to the court.

SPEAKER_01 47:54

Gotcha. All right, we got it, we got a question in the chat.

SPEAKER_02 47:59

Uh hi, does this also go for the youth as well?

SPEAKER_00 48:04

Man, this goes heck of yeah.

SPEAKER_02 48:07

This is an 11-year-old.

SPEAKER_00 48:10

Of course.

SPEAKER_03 48:11

They don't even supposed to be talking to him without his parents.

SPEAKER_00 48:18

He owes the same Miranda rights, and they he they even stricter on children on the issue is that they're minors, and they don't even supposed to be talking to them without informing the parents first.

SPEAKER_03 48:34

This is why your children got to know to be quiet. This is why we talk about due process.

SPEAKER_00 48:42

We don't teach our children this so when they go outside, guess what? They're vulnerable.

SPEAKER_03 48:49

This is how children get caught up in a situation they had nothing to do with.

SPEAKER_02 49:03

Now I want to talk about um uh what happens legally if law enforcement violates someone's due process rights.

SPEAKER_00 49:14

So when they violate it, right, because you got to understand a lot of people don't know what the officer's role is. The officer, he can the he's not really charging you. He gives you a citation. The agency, what they do is they collect the evidence and they present it to the prosecutor. They come in as a witness. They can make an arrest, but they're not a pro they're not, they don't, they don't um represent the state in a legal capacity in the sense of being a prosecutor, they don't. They come in only as a witness to testify and authenticate the records and evidence. That's it. So when they violate their due process, they have a thing, what they call qualified immunity. And if you can prove that they violated due process, then they lose such immunity. And now they're susceptible to lawsuit and other further actions. We have to know these things. This is why we need these judicial watch communities or institutions, and we trying to mean Abdulik, we're gonna come up with the civic center, and this is gonna be a nationwide thing eventually that we're gonna push. Because our community is this been uh this been going on far too long in our community, and it's a systemic issue of judicial misconduct, prosecuted, prosecutorial misconduct, police misconduct, and agency unethical practices throughout the state. This is this is this is a systemic issue around the country. The same just in New York, in Ohio, this is everywhere.

Proving Violations, Injunctions, Closing

SPEAKER_02 51:16

All right, how do courts determine whether due process has been violated? Like what's the process and everything?

SPEAKER_00 51:24

So most of the time they won't do nothing unless you present it. You have to identify the due process. That's why you have to know this. If you don't raise the issues of due process, they're not gonna raise it for you.

SPEAKER_01 51:42

Got you.

SPEAKER_02 51:46

All right. All right. Do you bel okay? Is there anywhere Moore's teach this civic info?

SPEAKER_00 51:56

Um, you can reach out to us. Um, I got it. What's what is the the Moore's civil letter? Um, reach out to Abdullah Bey.

SPEAKER_02 52:09

Um I think I got I got some is I got his information up here.

SPEAKER_00 52:15

Yeah, present his information and we we break this down very thorough. You know, as you can see, I'm very articulated in everything when I'm dealing with law. I mean, from civil to criminal to contract to trust law, very thorough, very thorough.

SPEAKER_02 52:35

As Abdullah's information right there, it is wars and maceri.org.org.org. I think also epitomology vocabulary, something like that.

SPEAKER_00 52:52

Yeah.

SPEAKER_02 52:53

Is that it? That's it, that's his.

SPEAKER_00 52:56

Yeah, he that's his too. And he we also got um what is the the international school? Uh man, my I've got brand file.

SPEAKER_02 53:08

Um I don't want to put the one person's stuff up, but this is his right here, too, right? Vocabulary and Gmail. Yeah.

SPEAKER_00 53:19

So reach out. We break this stuff down. We are very thorough um dealing with law. A lot of Moors have found themselves in a lot of pickle based on not using the pseudo law stuff, and they don't know, they can't articulate it. So they're arguing things in the basis of law that has no remedy. And what we're doing, we're trying to cure all of that and change how we deal with law and look at law from an international to a national and to a local scale. You know, when we're dealing with these things, like I'm um I'm just I'm very thorough. Just letting people know I'm very, very thorough when it comes to this. I've been doing this for a long time.

SPEAKER_02 54:08

Indeed, indeed. Um, so before before we cut out, we got about five minutes. Um can due process ever conflict with public safety.

SPEAKER_00 54:23

Um, so public safety. Due process is so let's let's let me give you what due process was birthed from from equity was the first form of due process. Everything is birthed out of equity. Equity is fairness. So do so public safety can never encroach um due process and public safety can never encroach each other. Why? Because everything based on due process ensures integrity, it's integrity of fairness. That's what it ensures. So if something was dealing with public safety, still it must be fair of how everything is done, period. So due process is the architect in the constitution to ensure that if it if it do meet a safety, a public safety issue, it's still done with fairness.

SPEAKER_01 55:32

Okay.

SPEAKER_02 55:36

All right. So I got another question. That was quicker than what I thought. Uh okay. What should someone do immediately if they're if they feel their rights are being violated?

SPEAKER_00 55:53

So let's say if you're in court, right? This is why, let's say you go to court and the judges continue to violate your due process. This is why the legal two safeguard courses um we're gonna be doing, you need to learn about filing injunctions. You want injunction of relief. There's two types there's a permanent and there's preliminary injunctions. So a lot of times the judge be violating your rights, and they're violating, they just blatantly violating your due process rights. What could you do about it? You'll file a motion to stay the proceedings, put them on notice that you're filing an injunction for the enregist grave due process issue to a higher court, and then you'll want that higher court to look at these due process violations to ensure that you can they they they mandate these due process violations that the court will stop abusing such authority. So you have to understand how to navigate the courtroom. You know, I'm hearing a lot of brothers they file writs. That's not, you won't file a writ. You will file an injunction. And they tell you what to file. That's why you gotta know these rules.

SPEAKER_01 57:15

They tell you. Oh. Check, check, check.

SPEAKER_02 57:20

Hope y'all all get that, got that down packed. Uh, before we cut out, let them know where they can find you. Okay.

SPEAKER_00 57:29

Yep. So you can find me on Facebook on the King L Bay Um as it's spelled. You can space it out. Um, the King Um from the L Bay. And then you can uh go to um Mus M-U-S-T-S-M.U.S.T. Facebook. Um, I'm on there. You can reach out there and contact me through my either through my Facebook page or through uh my um email is Kingelbay at gmail.com. Um I will be having Privateers of America up. Um working on that now. Um we'll be having a lot more available. Um we're gonna cover a lot of different things, um, helping us be able to get back into living a better life through understanding how to navigate this legal system um a lot better. So um these are the tools that I will be bringing in these resources of a prepora of legal information, how to critically think, and how to change our circumstances, because I want you to understand laws and everything. Let me tell you what laws is. You can't even move your target without some type of ordinance or code to come in and play. You can't build a house, you can't discipline your children, you can't go outside without law being in place. Some states, if you spit on the sidewalk, it's a crime. You can't walk across the street without certain things. Law is embedded in every facet of your life. Ignorance of the law is no excuse, so we cannot live um not knowing law anymore. We can't make that an excuse because we are being subjugated by these same laws and stripped into a condition where we don't have any rights. And we have nobody to come and protect us.

SPEAKER_02 1:00:05

Uh, we also have super chat, you know, total level super chat. Uh Party will be back on seven people. Oh, we are out of the way.