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JIM FETZER "The Power Hour" (4-23-18) James Tracy's Attorney Louis Leo IV

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Attorney Louis Leo IV discusses James Tracy's pending civil rights lawsuit against Florida Atlantic University with University of Minnesota Professor James Fetzer on GCN's The Power Hour, Monday, April 23, 2018. Leo is the lead attorney representing Tracy in the federal civil rights lawsuit against the South Florida-based public university.

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My great honor and pleasure to do my guest for the second hour has distinguished himself by representing James Tracy, who is an associate professor of communications in the media, a Florida Atlantic, who is seeking to protect the American people from an elaborate scam by investigating the aspects of Sandy Hook. In particular, Lenny Posner's claim to have a son, no, who died there. James was a skeptic at the time, but he was exercising his diligence and responsibility on behalf of the public to ensure they were taken in by a scam, which wound up looting the American public of somewhere between 27 and $130 million in donations in the false belief that there had actually been a shooting massacre. And that these 20 children and six adults had died divided by the 26 families who were impersonating the survivors, they split and derived over a million bucks a piece, which I believe is one of the reasons why Lenny Posner has been so ruthless and going after those of us who have been seeking to expose the truth. James, that Tracy turned out to be targeted for Lenny and published several articles in the South Florida newspapers, including the Jewish Journal forward, the Sun Sentinel and others, and wound up losing his position over this. The university had a flimsy excuse, but none better to address the issues here than Lewis Leo the poor, who represented him. Lewis has a website, peopleoverpolitics.org, and he has authored a brilliant overview of Tracy versus Florida Atlantic entitled Legalizing free tax on American public university conspired to beat the first amendment Leo, welcome to the power hour. Thanks for having me. I'm just delighted. Perhaps you'd like to begin with a thumbnail overview of what happened here and how this American university beat the first amendment. Well, I can tell you that there's a lot of moving parts in this case, but we're still waiting for the court to rule on post-rial motion, which include a motion for judgment as a matter of law, as well as a motion for a new trial. And we're still trying to figure out exactly what happened. I guess you can say it's been a long and disturbing ride through the legal system in this case. Where do I start? Well, for some reason. Going to go ahead and go ahead and go to the question. I was just going to add that I too, of course, I mean, I am a colleague of a collaborator with James Tracy, and I was in fact the head of having legal defense fund. And I believe in this man, 100% intact. I can't imagine a less likely target for an action like this than James Tracy. He is so principled. He is so measured. He is so thoughtfully so intelligent. And he was actually undertaking an act of what's technically known as super erovation going beyond the call of duty in an effort to determine the facts of the matter and protect the American public from fraud. They wound up being subjected to a theft by deception, by misrepresenting what had happened there. Lenny Posner, Neil Hefflam and others have defrauded the American people with a vast sum and gone on this stupifying campaign for gun control that's completely 100% opposite the interests of the American people. But, Lewis, go right ahead. Well, you know, I should start by saying that the reason why Dr. Tracy lost in this trial was because of deception and deception and fraud in the court. And it's something that the court sanctions, you know, using the rules of evidence. And this has outlined in our motions that the court made a grave error in excluding from trial evidence that showed just how, you know, blatant and pretextual the use of this policy was to terminate a tenured professorship. The court excluded literally the vice provost who fired Dr. Tracy for purportedly not complying with a school policy on record saying that the policy and that the forms that Dr. Tracy was fired for not turning in on time were, you know, required clarity. And this was during a heated Senate faculty meeting that had a grave impact on Dr. Tracy and all the other faculty who were present at this meeting where the administration of this public university could not answer a straight question about this policy because nobody understood the policy. In fact, the president of the faculty Senate is on record at this meeting saying he doesn't understand the policy and is hoping, you know, to get some clarity on this policy. So, a few months later, of course, Dr. Tracy is fired for noncompliance and fast forward to, you know, two years later to the trial, the court excludes this damning and record evidence that, which our admissions. These are admissions by a party opponent clearly under the civil rules they should come in, but the court excluded them under what's called rule 408. I'm sorry, rule 403, which is that the prejudice from the evidence, you know, outweighs any probative value. Again, that's a rule 403, which is, I've never seen before. I've got to tell you that, you know, I've been practicing well for a long time now, and I've never seen a court exclude in admission by a party opponent from trial under rule 403. It just doesn't happen. So, that's just one of many mistakes that were made. And I think this one was, was very bad for, for Dr. Tracy, because the jury literally was not able to hear what the person who fires Dr. Tracy had to say about the policy just months before she says he doesn't comply with it. She herself agrees that the form needs clarity. It's completely confusing. If you look at the form, which is on the article you refer him legalizing pretext, you can see the form. And of course, it's not designed for social media activities. It's not designed for, you know, blogging, designed for a job. Another employer, you know. So, you know, at this faculty senate meeting, which was excluded from evidence, you have multiple faculty members complaining that they're afraid and that this policy is being used unconstitutional. And of course, the court excludes this. The court also excluded cease and desist letters that were sent from constitutional rights group, including the foundation for individual rights and education, which was what stopped FAU from firing Professor Tracy in 2013. The court now excluded those letters, but when not even let Dr. Tracy talk about the letters and how it impacted him and how it affected his state of mind. Same thing with this faculty senate meeting that had a profound impact on Dr. Tracy. So ultimately, SAU was allowed to say whatever they wanted in this trial and put on testimony about what the union in this case, you know, what they thought about is not turning in these forms, but was able to get out of evidence what the administrators thought about the policy and what they said on record and recorded, you know, recorded statement. Just from the benefit of the audience, the university used as a pretext for firing Professor Tracy that he had not submitted forms about his outside activities on time. The outside activities included his blog, his own personal blog where he was talking about Sandy Hook where he published one of the most important original pieces dissecting the press conference held by Wayne Carver, the medical examiner that didn't add up in so many different ways, which I regard as the most important part of the story. Which I regard as the first scholarly article about Sandy Hook, they use that as a pretext when in fact the real issue was the content of the blog that he was exposing that it was a hoax and that Lenny Posner was then, you know, attacking him in the media to warp the environment and to really poison it would turn out. And if they kept the effect of poisoning a potential jury for pool, but the fact that he just, they weren't just attacking him in the media. The record shows that they were actually contacting the administrators that they use, using proxies and third parties. Many of these people probably don't even exist, you know, sending letters to the administrators telling them, you know, this that Dr. Tracy is harassing people and, you know, there's even evidence showing that the top officials at the school are, you know, talking about this and circulating these messages with each other. You know, they had nothing to say about it at trial, of course, but, you know, a lot of this stuff didn't come in because of hearsay. So it was very difficult to present the facts to the jury in this trial because there's a lot of evidence that didn't come in. And, you know, I think given the number of really material evidence that excluded this, this certainly should be grounds for a new trial. But like I said, we also have a motion for judgment as a matter of law because before we ever got to trial, the court dismissed the bulk of the count in constitutional claims against the university on summary judgment. Which was just absurd. When you looked at the evidence, I mean, it was overwhelmingly in favor of Dr. Tracy getting summary judgment on the issue of the policy being on constitution. So, yeah, spatially, meaning that it's awarded on constitutionally and as applied to him and how they use the fire heaven and retaliation for what he blogs about Sandy Hook. Yes, just as a dimension of passing, I spent 35 years in higher education, I thought it can tuck ease that's an anti Virginia twice North Carolina Chapel Hill, New College, University of South Florida. I've then finished my career on the Duluth campus of the University of Minnesota. I never heard anything like, you know, firing a tenured professor because he didn't submit a form on time. I mean, that's simply absurd. Just look at the question, Dr. Professor. There was ample evidence at trial. I mean, every single professor that testified in that trial, testified that they didn't turn in the form. Nobody turns in the form. If you really look at this evidence in the case, not even the administrators were turning in form and none of them got in trouble for it. When the administration had emails showing that these people are the link winners not turning in form, they didn't get punished. But after three years, they fired. Thank you for making so many efforts to point this is such a serious issue. We're taking a break, but we'll be right back to Sue and see how strong the people will come after them. Thank you. This is the one 877-817-9829. Support small businesses and buy from the good guys at theparamol.com. That's theparamol.com. I tried other friends that I came back to my sunshine. For the best hotter cold pain relief, get the best. Get a sunny bay heating pad. Sometimes life can be a pain in the neck or back or shoulder. And the best relief for that pain is a sunny bay heating pad. Did you know that the American College of Physicians said that one of the best ways to treat muscle pain is heat therapy? 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To a jury that's just been shown a bunch of pictures with the sky green. Professionally, of course, they're all really affected by the same stuff. The jury, it appeared to me, you know, but you really explained how they manipulate the situation so that the real issues were never addressed. Right, a bunch of self-serving letters and disciplinary notices. And then just go to trial and just lie and lie and lie. I mean, we impeached both the Dean and the vice provost. Both of these administrators were changing their stories of trial and could an answer simple questions that any anybody in their shoes would know the answers to, like the note, the question about the Dean's nasty note, which are available on legalizing pretext. You know the one I'm talking about, right? That's their spetzer. Go over I have the lab right for the audio. Sure, these are notes that were discovered during the discovery process. The notes are written by the Dean who initiated discipline against professor Tracy in both 2013 and in 2015. And she wrote, and these are during meetings with top officials. J.T. James Tracy, not going to stop publishing, read his stuff. First amendment, find winning metaphors. And I think that's the first. It was at a point of way to present it to the public that looks favorable to the university when it's actually a gross violation of his rights and of the first amendment. Yeah, they were planning, they were planning, you know, violating his rights and finding a way to make it look clean because they had no other reason that they can get rid of Dr. Tracy. And the evaluations were outstanding, literally. And of course, you know, they had nothing bad to say about his teaching and about his work and time commitments, although they did try to lie later and say that, oh, there was a question about whether he could honor his time commitments while he's blogging. Well, the evaluations clearly contradict any kind of, you know, question as to whether Dr. Tracy was fulfilling his obligation. He was doing his work not only actually. And the teachers looked at, I'm sorry, the students liked him. They all evaluated him and said that they made them think and he's a good teacher, which he was. So this is just another example of a school that, you know, throws a good teacher out the window because public, you know, outlasts over, sorry, backlasts over his speech, his controversial speech. But there won't be any, you know, there won't be any mainstream media coverage of this incident other than, you know, demonizing Dr. Tracy and cheerleading and really just parenting what the university and the state officials were saying about him. Well, that's such an absurd question to raise because I mean, the principal attraction of a university life for me when as a Marine Corps officer, I contemplated entering law or becoming a university professor is you have so much control over your life. I mean, you have certain hours you're obligated to be in the classroom. You have a certain number of meetings, yes. And of course, you have office hours to meet good students. But the vast majority of your life is under your own control to do your research. And so forth, I wound up spending 35 years having most of my courses on Tuesday, Thursday, not before 11, which enabled me to tremendous amount of research, which is part of the reason why I published 36 books. But the fact of the matter is James was fulfilling all of his obligations. And he was doing the sub-perlative and additional contribution to the community, which is known as public service, and is also supposed to be given a way when you come to evaluate merit. They just didn't like what he was doing in exposing Sandy Hook. Right. I mean, the reality is that they had no legitimate reason to fire him. And we're able to, you know, make up something later. Good to set you set you attack. I set you set you attack. That's an hour of work to be able to come. Get off. Are you retired or facing retirement and you're afraid your income is going to be less than you'd like? I'm pharmacist Keith. Dr. Walick, the dead doctors don't lie, and I want to show you a low cost wage, create your own business, working around your current schedule, creating extra income for the last few years to come. I join in Dr. Walick's crusades, writing his message to a better health. To learn more, visit radio.requartivideo.com. That's radio.requartivideo.com. Radio.requartivideo.com or call 866-257-3105 for a recorded message. This is Dan Pillard. Do you go to the IRS money you can't pay? Are tax debts crippling you? I've defended people from the IRS for over 30 years. 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Where, for example, we know from Tony Meade that many paucer who seems to me to be some agent of the deep state has no less than 26 websites that devoted to attacking and arousing people over their research related to Sandy Hook. I mean, it's completely disgraceful. I know they used the books somehow as a prop. Nobody died at Sandy Hook, which proves conclusively that the school had been closed by 2008 that there were no students there that was done to promote gun control. But that question or issue never even got on the table other than using it as a prop by putting the book there. They had a lot of prop. They'd turned it out every blog, including the comments from the blogs and put them in the box and brought on out to make a look like Professor Tracy had written all of it. There was a lot of deception in the trial. They tried to make the jury believe that Dr. Tracy wrote the book. When you look at the book, he's not the author of the book, but that didn't stop him from saying that. We proved that these are literally two blog posts that were popping into this book and he didn't write them for the book. Of course, I added it book. I mean, it book doesn't have an author. The book has an editor who was me. I mean, I took the best of the best of me. Dr. Eelin, for example, who made several contributions. I selected it or published 80 articles about Sandy Hook before I added it to the book. I myself had published 30 before I added it to the book. It's a smaller number, but his work was a very high quality. Of course, he was included. But if they'd actually got to the issues of Sandy Hook, I mean, the evidence would have been overwhelmingly on his side, not of the university. If you think about it, what FAU strived you was, what the make it seem like Dr. Tracy, who should have been reporting everything like the book. He didn't write. He should be reporting. He should report his Twitter, his blog. But that's not what the forms were for. There was a great deal of controversy at the school right before he's fired over what these forms are really for and how they're to be used. From my understanding and from the evidence, a lot of people and most of the people at the university don't turn in these forms. But in fact, when we asked for the university to produce the forms from other people, they produced barely anything. There was only a handful. None of them were for social media. This is not what the form was for. It's for outside employment. Working for another employer. Dr. Tracy was not employed by his blog. Why would he be turning in a form for it? This is dangerous. This is a very dangerous precedent. If the court doesn't overturn itself, which I'm not getting my hopes up for, or the appellate courts reverse this and do the right thing. This is going to have a ripple effect. They can just start telling people at the university, where is your form for your Facebook page and for your Twitter account even doing this for a long time. This looks like research, doesn't it? This is a professional activity. They're just basically making it up as they go. That's what the evidence showed in that trial. This policy is shifting in the Wusery. It's really stunning. The one guy here involved all the parties to this case, who was legitimate, who was head integrity, who was dedicated, not only to Faraday, not the truth, but protecting the public from a scam is the guy who gets him in the way. The guy who gets him payled on this legal monster. That was a complete fabrication from the beginning. Nobody at that school did an investigation to determine the veracity of what Dr. Tracy was saying. Not one person that we deposed, not even the history to teacher who wrote a letter to Dr. Tracy, but if he condemning him for what he was saying, not one of those professors investigated and even took a closer look at what Dr. Tracy was saying before they condemned him and jumped on this, mainly seeing corporate state media ban wagon that if we say it, it happened. It's just disturbing. It was interesting about the discovery process in this case. When you look at what these administrators and what the professors who disagreed with Professor Tracy were saying, none of them took a real second look at what the evidence showed. The evidence that was in the book, for example, that if you accuse him of writing, it's overwhelming the evidence that this is a fake staged event. Here they are, acting like it's not. Acting like Dr. Tracy's phrase, or how dare he question a questionable event, being used for political agenda. Which is ultimately why everybody should be defending Dr. Tracy, no matter what side of the spectrum you're on. This is a dangerous case because the rights of all American citizens to speak into the question is that it is that state here. And of all people who ought to have that right, it's university faculty particularly tenured. I mean, the institution of tenured was created to give protection to faculty. So they could attack controversial issues free from a political recrimination. But that's exactly what happened here. Politics played all the role here and truth and research none zero zero. Absolutely. I mean, I think this is what's so amazing about this case, you know, the conspiracy theorist professor. You have a real legit conspiracy to silence him. But thankfully, you know, you can shoot the messenger, but the truth doesn't die. Yeah, it's just stunning. Absolutely stunning to me and a disgrace to high, you know, I published blogs showing that not only had the New York Times and the Washington Post published malicious articles about professor Tracy's case where they knew better. And I demonstrated in the blog that they knew better, but even the higher of the chronicle of higher education, which is published for academic admissions members of colleges and universities gave a completely biased distorted non objective. I mean, it's justice. They're all they're not journalists. They're all presidencies. You know, these people, they don't, they don't do journalism. You know, they're just, it's just PR. They're just literally repeating like mocking birds, you know, this tune and it's dangerous. You know, it's a shame. I was so disgusted with the local press during this trial who claimed that they were there and reporting it when I can tell you we look back and they weren't there. You know, they'd pop in and out, but you know, I don't know where they were getting their story from. I would, I would look at the news, you know, after we get done for the day and it would be a complete, you know, just, just made up, you know, completely. I don't know where they're getting it from. It's just so absurd. And then of course they're just, you know, repeating little sound bites of FA use deceptive and, you know, misleading, you know, theory of the case, you know, that he's, he's, you know, doing this secretly and trying to hide it from the school. It's a public blog. Everybody knew about it. You know, it's just absurd. And here you have immediately a pretending like Dr. Tracy did something wrong, which he didn't, he did nothing wrong. And you know, of course we'd make an effort to, to give these reporters information, you know, about what happened in trial, particularly when they missed something important that happened, like all the professors that's the buying, you didn't see one, you know, sound by their even anyone sharing what happened in court when those professors said that they didn't understand the policy and that they never turned in forms. You didn't hear anything about the first professor who testified that he was targeted under the policy and that they took away his grant and his students didn't graduate. And of course he, he appealed the discipline that he faced under the policy and it was overturned in arbitration. But you know, they didn't report that that there's a pattern of, you know, using this policy in a way that's unlawful at the school. What do you make so many extra clients, you know, I'm going to miss not having more time to discuss. 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He didn't get a fair trial and hopefully he will one day. i i i i don't have much to say you know it comes to the integrity of the process you know it in the legal system in the country is completely corrupt uh... you know i think every level of government is completely corrupt so you know unfortunately you know the craft i've got to know a fellow in new york who uh... was a subject of an attempt to assassinate and by his dentist to give him uh... of massive infusion of florida had he not been on unusual vegan diet and drunk a smoothie after he got home he'd be dead today instead of he'd their following out he suffered all kinds of medical problems i've published for different blogs about his case uh... but when he finally got into trial uh... trial he was bringing the trial against her about whether city was running interference uh... i personally am convinced because she's part of uh... uh... an assassination ramed it is run by the c-i-a and they don't want her to be exposed to she's threatening that they don't protect her uh... that she's gonna blow the cover uh... he wasn't even allowed to call his witnesses the list of expert witnesses of whom i was one wasn't allowed to be called to be misused the blogs that you know somehow many to use against him and was completely outrageous very parallel to what you're talking about here in florida yeah i mean it was like this is this is a system that we've allowed insurance companies and and that you know government to shape where the rules of evidence you know now all kinds of evidence if it's damning or you know damaging to you know these uh... these powerful interest you know if you don't have a judge who uh... it's fair and partial uh... and applies the law evenly uh... you know consistently uh... you know you're left with an injustice system so you know we're hopeful that the court will reconsider what it did uh... you know reversed though but if not then you know it's gonna go up the ladder which you know how long i'll take it you know they've been just as delayed is just a tonight well that's especially in case like this was lively with it has been compromised by this meaning has been cut off from his profession for which he trained i mean it's it's it's not that you could take any man in the street but it's a classroom at the university and they have been uh... offer courses where you get outstanding evaluation most people could do this for five minutes much less make a career out of yeah and you know the way i think you know we've all him out of his job uh... really was a death sentence you know and uh... of course that you would claim well he you know he he uh... did himself but you know that's not what the record shows i know unfortunately this is not just going to have an impact on dr. Tracy and his ability to find work but you know uh... it's been it has a chilling effect and sure it's already being felt at not just f a u but you know other state university to you know i'm sure they're they're aware of the way that went and if they if you're a professor in your blogging and you're doing social media and you know sharing your your thought your private research uh... online you know you can be targeted this way and this case will be president have you set the uh... the district level so you know until the court uh... reverses itself or the you know higher court reverses the decision here uh... it's open season for truth speakers uh... and i mean we're seeing you know ripple effect i think it if you look at what what uh... what's happening in you know south here norc my knee uh... beach you have you know officer who's under investigation now uh... and it's you know pending uh... and you know internal affairs investigation on his post about uh... the parkland event so you know we have you have uh... you know many public service under attack uh... and not enough people at particularly in the media uh... or journalists you know doing their job to to raise awareness and to come to these uh... these truth seekers uh... and fit in journalist defense uh... and stand up for what's right which is you know the first amendment and everything that comes with it you know it's it's it's to me i just it's so hard to believe that the press would be the first to abandon something that they've been a bit from so you know so much you know historically well it's a reflection of the corruption of our universities in their administrations and by the way of course as everyone in higher education knows the fact we never speak for the it the the university that's the role of the administrators so the idea that you know he needs to make it very clear he's not speaking for the university that's common knowledge of any if it ought to be well understood the fact we are like independent contractors and they never speak for the university only the administrators the press that that policy you know that and that rule you know you know you have been made clear you're not speaking for the university you know that that doesn't even apply to me at f.a. you know there was plenty of evidence uh... and statements that were made by other professors even former administrators you know who didn't get permission for what they were saying which you know just happen to be disparaging about professor dracy and you know telling him he should resign you know nobody got punished for that nobody got punished for not turning in forms for their op-ed you know it was a completely uh... you know sham policy that they used to uh... you know we go ahead of his job it was just that the discussing really and uh... you know i was uh... you know pretty shocked when you know given the overwhelming evidence you know that the the the greater way to be evident you know in this case it was just obvious that he's fired for his speech about any hook and the boss and marathon bombing and never think of but here you have a jury come back and say no but it's a uh... but the system but it's a pretty whole long thought or and really hold on claking za only New Man, the true pioneer of healthy, storeable foods and preparedness products has gone and done it again. 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