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<v Speaker 1>Joining us from beautiful New Hampshire. He is Derek Wilburn.

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<v Speaker 1>Not only is he a member of the D twenty

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<v Speaker 1>school board, now he is a longtime rabble rouser and

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<v Speaker 1>conservative activist. And uh, he is doing something that I

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<v Speaker 1>think deserves a plod and it would go a long

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<v Speaker 1>way towards tamping down some of the nastiness in our

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<v Speaker 1>political discourse. And he's he's sitting on the side of

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<v Speaker 1>a lake right now. Derek, do you do realize that

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<v Speaker 1>you're sitting on the lake that is home to one

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<v Speaker 1>of my favorite movies of all time?

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<v Speaker 2>What about Bob?

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<v Speaker 3>My wife and I are going to watch it tonight.

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<v Speaker 2>Have you seen it before?

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<v Speaker 3>Oh? My goodness, so at least two dozen times?

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<v Speaker 2>Get good good.

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<v Speaker 1>I just although I did just look it up, they

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<v Speaker 1>did not film.

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<v Speaker 2>It there, So you're gonna be able to be like,

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<v Speaker 2>what this is?

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<v Speaker 1>It make winnipeesake? No, We're yeah, fabulous movie. But uh,

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<v Speaker 1>let me let me ask you. You're on vacation now,

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<v Speaker 1>but you earned a vacation. I'm gonna let you kind

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<v Speaker 1>of lay out what's happened, you know, recently, And I

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<v Speaker 1>did put a story that I think is from Karado

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<v Speaker 1>from some time ago, kind of with the backstory. But

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<v Speaker 1>I'm sure that when you decided to run for the

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<v Speaker 1>school board you never thought you would find yourself on

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<v Speaker 1>the plaintiffs side.

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<v Speaker 2>Of a slander suit, and yet here you are.

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<v Speaker 3>No, of course I didn't. And there's a longer story

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<v Speaker 3>to answer your question about where we've been through to

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<v Speaker 3>earn a vacation. We'll talk about that next time you

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<v Speaker 3>and I get together. But we had a cancer diagnosis

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<v Speaker 3>between my life and I, and then I was diagnosed

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<v Speaker 3>with a brain tumor. We survived it all in the

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<v Speaker 3>last two years and it was just time to get

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<v Speaker 3>out of dodge and relax. But more to more to

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<v Speaker 3>your point, I have been called a child sex predator,

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<v Speaker 3>a rapist, accused of being sexually aroused by children, and

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<v Speaker 3>on and on and on for two years ever since

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<v Speaker 3>I won my school board election. I said, you know

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<v Speaker 3>what you've got to do sometimes is punch a bully

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<v Speaker 3>in the mouth, and I lawyered up and sued. That's

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<v Speaker 3>the short of it. You can't run around calling people

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<v Speaker 3>sex child sex predators when they've never been accused of

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<v Speaker 3>a crime, never been arrested, never been incarcerated, never been tried.

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<v Speaker 3>The only thing I've got on my record is a

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<v Speaker 3>speeding ticket from nineteen ninety five. That's it. That's it.

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<v Speaker 3>I'm a motorcycle in California. And there was a constituent

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<v Speaker 3>of mine, a woman named Bernadette, who's been calling me

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<v Speaker 3>a child sex predator for two years. And I said,

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<v Speaker 3>I'm going to put an into it, and I lawyered up,

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<v Speaker 3>and here we are.

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<v Speaker 1>So, Derek, let's go back to the beginning, because I

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<v Speaker 1>said earlier in the show, I'm like, this woman appears

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<v Speaker 1>to be a school board activist of some sort. In

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<v Speaker 1>I don't hate school board activists. I want people to

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<v Speaker 1>go to school board meetings and hold school boards accountable. Right,

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<v Speaker 1>I'm not using that as a majorative, But how is she?

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<v Speaker 1>Is she at every meeting? What got her involved in

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<v Speaker 1>the first place? What brought her to your knowledge? And

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<v Speaker 1>I'm just asking to speculate here. Why has she becoming

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<v Speaker 1>such a persistent thorn in your side?

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<v Speaker 3>She's been at school board meetings as have I for

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<v Speaker 3>years and years and years. I was going to school

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<v Speaker 3>board meetings long before I was elected to the board,

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<v Speaker 3>and she has been too. And frankly, we had a

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<v Speaker 3>pretty coldual relationship up until I got elected. The genesis

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<v Speaker 3>is during the campaign we had three candidate forums, actually

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<v Speaker 3>two because the two leftists refused to show up to

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<v Speaker 3>one of the forums because it was being held inside

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<v Speaker 3>of a church. But at one of the forums, I

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<v Speaker 3>anticipated a question about books. We all know that's a

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<v Speaker 3>hot topic. The left wants these sexually explicit books and

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<v Speaker 3>everything else in our schools. I don't. We don't. So

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<v Speaker 3>I knew i'd have the microphone in my hand and

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<v Speaker 3>there's nothing they could do to stop me. So I said, okay,

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<v Speaker 3>here we go, and I read out loud from some

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<v Speaker 3>of these books that are that are in our schools.

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<v Speaker 3>And it was ugly. It was nasty, it was vulgar,

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<v Speaker 3>it was profane, It was everything you think it is. Interestingly,

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<v Speaker 3>left doesn't have a problem with the books being in

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<v Speaker 3>our schools, only with me reading from them. Yeah, I mean,

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<v Speaker 3>I read it out loud. I had the mic. I

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<v Speaker 3>knew they couldn't stop me, and I just read it

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<v Speaker 3>out loud and said, you know what, ladies and gentlemen,

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<v Speaker 3>if you elect me to the school board, I will

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<v Speaker 3>not be spending your tax dollars to provide our children

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<v Speaker 3>with this filth. That's how it all started.

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<v Speaker 1>And since then, she says that by reading in that

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<v Speaker 1>school board meeting, you sexually assaulted her daughter. Is that

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<v Speaker 1>what I read in one of these news articles?

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<v Speaker 3>That's loosely what she's saying. So sexually assaulted her daughter.

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<v Speaker 3>And it's just been it's gotten worse and worse and worse.

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<v Speaker 3>I can't turn around without being called these things school

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<v Speaker 3>board when she comes to the meetings and reads from

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<v Speaker 3>the podium, and we can't respond, right, all we can

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<v Speaker 3>do is just sit there and calls me sept predator

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<v Speaker 3>and unsafe to be around children. And she made up

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<v Speaker 3>a quote from casby the Colorado Association of school Boards,

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<v Speaker 3>posted it online, been posting in Facebook for two years,

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<v Speaker 3>which is the most public venue imaginable false quotes, filed

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<v Speaker 3>a police report against me, then claimed that I was

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<v Speaker 3>being investigated by the police. Right, filed a complaint with

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<v Speaker 3>the district Attorney's office, then claimed I was being investigated

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<v Speaker 3>by the district attorney. That's not how it works, right,

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<v Speaker 3>That's not how our system. Imagine if you could just

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<v Speaker 3>go to the DA and say, right, I want Randy investigated,

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<v Speaker 3>that's not how it works. First and arrest has to

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<v Speaker 3>be made. Zannik has referred to the District Attorney's office

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<v Speaker 3>for potential prosecution, so she's been over the top of

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<v Speaker 3>this stuff. We had our first hearing in front of

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<v Speaker 3>a judge three or four weeks April eighteen or nineteen.

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<v Speaker 3>The judge absolutely destroyed her motion to dismiss and looked

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<v Speaker 3>more like something I would have written and threw the

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<v Speaker 3>case out. So she's decided to appeal, and now we're

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<v Speaker 3>waiting for an appointment with the appellate Court in Denver.

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<v Speaker 1>So you know, Derek, this would have been so much

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<v Speaker 1>easier if you weren't on the school board. I mean,

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<v Speaker 1>I'm sure you're Ernie has told you that as soon

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<v Speaker 1>as you become an elected official or you're considered a

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<v Speaker 1>quote public entity, proving slander is really challenging. But you

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<v Speaker 1>guys have already gotten an encouraging word from the judge.

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<v Speaker 2>Correct.

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<v Speaker 3>Correct. Colorado has a provision called anti slap. The long

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<v Speaker 3>short of it is the bar is higher when you're

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<v Speaker 3>an elected representative. You have to prove damages and much

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<v Speaker 3>more excess than if you're just a John Q. Citizen.

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<v Speaker 3>And the judge wrote a decision that I mean, it

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<v Speaker 3>was so strong it just destroyed anti slap And if

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<v Speaker 3>I were in her shoes, I would appeal too, because

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<v Speaker 3>the next step is to put it in front of

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<v Speaker 3>a jury, and when, if, and when it happens, not if,

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<v Speaker 3>when it does happens, any jury it's going to say

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<v Speaker 3>you can't run around calling someone a sex predator, a

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<v Speaker 3>child sex predator in public. And she's going to lose.

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<v Speaker 3>And she knows that. But you're absolutely right. It's a

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<v Speaker 3>higher bar for elected representatives. And I have cleared it,

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<v Speaker 3>and cleared it by a substantial amount.

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<v Speaker 1>Somebody elked on the tech line. Is she is she

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<v Speaker 1>against removing these books from the library? Is that is

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<v Speaker 1>that part of the issue. She's on the other side

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<v Speaker 1>of this politically absolutely rightful.

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<v Speaker 3>All are against removing these books from the library. They

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<v Speaker 3>call it book banning, which always cured me up, as

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<v Speaker 3>if the idea that a book, if it's not available

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<v Speaker 3>in a public school library, is therefore somehow banned. I've

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<v Speaker 3>said from the get go, from before I was running

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<v Speaker 3>for office, that look, if you want your child reading

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<v Speaker 3>this sort of material, none of my business, none of

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<v Speaker 3>my business you do. You you parent your way, I'll

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<v Speaker 3>parent my way, but don't ask me to pay for it. Right,

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<v Speaker 3>if you were your child to have these books, fine,

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<v Speaker 3>none of my business. Go to Barnes and Noble, go

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<v Speaker 3>to Amazon whatever, Go to the public library.

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<v Speaker 2>They're in the public library.

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<v Speaker 1>Well, lots of un Let me ask this question, Eric,

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<v Speaker 1>because this seems to me to be a real sticking point.

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<v Speaker 1>Okay from I'm trying to put myself in her logic position. Right,

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<v Speaker 1>She's arguing that you are a sexual predator because.

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<v Speaker 2>You read these books.

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<v Speaker 1>But she wants the books to still be available to teenagers,

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<v Speaker 1>so why so they could be violated as well.

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<v Speaker 2>You see the logic lack here.

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<v Speaker 1>I'm genuinely curious if that has been asked or address

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<v Speaker 1>by her at all.

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<v Speaker 3>Yeah, it has, so, the point being, I did not

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<v Speaker 3>read the books for the purposes of personal gratification. Absolutely.

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<v Speaker 3>Anybody who knows me knows that. You know, as parents,

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<v Speaker 3>our resumes are walking around the face of the Europe

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<v Speaker 3>right right. Anyone who knows my kids and knows their

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<v Speaker 3>accomplishments and what kind of children I raised knows I

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<v Speaker 3>did not do this for the purpose of self gratification

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<v Speaker 3>or personal gratification. I did it for the purpose of

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<v Speaker 3>identifying to the community how your money is being spent.

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<v Speaker 3>But there were and to tell you the truth, Nandy,

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<v Speaker 3>there there were children present at this forum. Not a lot,

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<v Speaker 3>but there were some there. And if I could back up,

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<v Speaker 3>if I could use a time machine and go back,

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<v Speaker 3>I probably would have edited my own words, or at least.

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<v Speaker 2>Because I was going to say.

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<v Speaker 1>If it were me Eric, I would have said, I

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<v Speaker 1>am going to read some of these books that I

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<v Speaker 1>believe are inappropriate. If you have children, you should probably

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<v Speaker 1>take them out of the room. That's how I would

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<v Speaker 1>have done it.

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<v Speaker 3>I did. I didn't say take them out of the room.

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<v Speaker 3>I didn't go that far. I said, I apologize for

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<v Speaker 3>what you're going to hear. I'm not a As long

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<v Speaker 3>as you've known me MC, you've never heard me drop

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<v Speaker 3>an F bombs either of anybody else up until that night,

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<v Speaker 3>because they don't swear. I don't believe in it. So

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<v Speaker 3>I said, hey, I'm sorry for what you're going to hear.

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<v Speaker 3>But here it comes, and I read it. And if

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<v Speaker 3>I could do it again, i've had a time machine.

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<v Speaker 3>Instead of saying it, I would have said, mfer or

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<v Speaker 3>something like that. I want to avoid all the suits

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<v Speaker 3>that we're in right now. But I don't have one

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<v Speaker 3>of these. I don't have a time machine.

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<v Speaker 2>Correct.

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<v Speaker 3>So the very idea that having done so makes me

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<v Speaker 3>some sort of a child molester is clearly, in the

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<v Speaker 3>view of the judge defamatory, slanderous, wibeless. You can't go

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<v Speaker 3>around doing that to people. And so I lawyered up

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<v Speaker 3>and here we go.

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<v Speaker 1>So let me ask this question, what sort of resolution

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<v Speaker 1>are you looking for? I'm guessing this woman is not

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<v Speaker 1>someone with incredibly deep pockets. The phrase judgment proof is

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<v Speaker 1>sort of rattling around in my mind in terms of

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<v Speaker 1>monetary damages. What are you realistically looking for? What could

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<v Speaker 1>you realistically get out of this case?

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<v Speaker 3>Now, you know better than just about anyone. I know

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<v Speaker 3>that I'm not going to answer that question.

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<v Speaker 2>I just thought.

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<v Speaker 3>I just thought I would before you asked you to,

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<v Speaker 3>while I was gonna is not going to answer that question. Yeah,

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<v Speaker 3>So I don't know. I mean, it's it's active litigation, right.

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<v Speaker 3>So she strikes me as a sort of individual who's

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<v Speaker 3>going to dig in her heels and she's in it

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<v Speaker 3>till till the end, and sow, I my reputation has

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<v Speaker 3>been damaged when I ran for school board and this

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<v Speaker 3>is November. Election was November of twenty three. I had

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<v Speaker 3>endorsements from United States congressman, not just from Colorado, our

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<v Speaker 3>former mayor, our former sheriff. You know, I've got relatively

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<v Speaker 3>deep political connections. And all these people were contacted saying

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<v Speaker 3>did you know that you're endorsing a child sex predator.

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<v Speaker 3>That's that's problematic in a number of ways. I have

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<v Speaker 3>a reputation to protect as well. So what it looks

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<v Speaker 3>like at the end of the line, once a jury

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<v Speaker 3>comes back and says we find for the plaintiff. I'm

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<v Speaker 3>not going to get into that now, and frankly I

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<v Speaker 3>couldn't because I don't even know.

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<v Speaker 1>Right right, well, let me ask you this, are you

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<v Speaker 1>guys in d twenty now that you're on the board,

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<v Speaker 1>are you working on a library policy? What has come

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<v Speaker 1>of your promises that you gave to parents to say, look,

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<v Speaker 1>we're not going to have this sort of graphic material

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<v Speaker 1>in our libraries.

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<v Speaker 3>We have crafted a much better policy in my opinion,

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<v Speaker 3>the way it's everything is processed related. Of course, if

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<v Speaker 3>you can't just come in and say we're changing everything,

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<v Speaker 3>because it's administrati there's administrative policy and there's board policy, right.

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<v Speaker 3>The administration is responsible for the day to day running

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<v Speaker 3>of the schools. So in my view, it's it's not right, proper,

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<v Speaker 3>or correct for a board to just come in and

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<v Speaker 3>tell the administration this is not how you're going to

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<v Speaker 3>do it. Now we work more behind the scenes and

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<v Speaker 3>manage the superintendent, who in turn puts his or her

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<v Speaker 3>thumbprint on the district. The policy we have now in

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<v Speaker 3>place in D twenty is much stronger, is much better.

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<v Speaker 3>I don't think it's perfect. We've got a little ways

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<v Speaker 3>to go, but you've got to crawl before you crawl.

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<v Speaker 3>Baby steps, right, you got to crawl. Speaking of what

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<v Speaker 3>a bol you got to crawl before you walk. Uh.

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<v Speaker 3>And it's better. It is going to continue to improve,

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<v Speaker 3>and the community is behind us. I mean, by and large,

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<v Speaker 3>mister and missus John Hugh citizen. They don't want their

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<v Speaker 3>children sitting around uh it having access to these things,

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<v Speaker 3>or if they do, they understand that not everybody does.

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<v Speaker 3>And maybe we should do that personally than leaving that

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<v Speaker 3>responsibility up to the school district. So we have community support.

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<v Speaker 1>Well, Derek, I'm glad you're doing this, and I said

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<v Speaker 1>it before you came on in my mind, Unfortunately, the

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<v Speaker 1>only thing that is going to make people check themselves

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<v Speaker 1>are lawsuits like this, right because right now, the incentive

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<v Speaker 1>to be vitriolic and nasty is really high because everybody

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<v Speaker 1>retweets your stuff on Twitter or you know, they they're

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<v Speaker 1>sharing your stuff on Facebook, and you know, I think

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<v Speaker 1>people do this. And I don't know a single thing

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<v Speaker 1>about this woman. I know nothing about her, but I

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<v Speaker 1>think that once you start to get traction, there's a

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<v Speaker 1>temptation to sort of escalate your your your you know,

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<v Speaker 1>your your verbiage and make it worse and more extreme.

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<v Speaker 1>And perhaps she got caught up in that, or perhaps

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<v Speaker 1>she just isn't very bright and doesn't realize that this

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<v Speaker 1>stuff is defamatory and she's going to have to learn

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<v Speaker 1>a hard lesson.

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<v Speaker 2>But maybe if more people started.

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<v Speaker 1>Saying, wait a minute, I'm not going to let you

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<v Speaker 1>get away with this, it would force other people to

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<v Speaker 1>sort of say, hmmm, is it really worth it to

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<v Speaker 1>come after this person online. Unfortunately, these sorts of lawsuits

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<v Speaker 1>are very expensive, and that's where you're finding yourself now.

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<v Speaker 3>They costs a lot of money, and you've hit the

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<v Speaker 3>nail right on the head. So she's said all along.

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<v Speaker 3>All she wanted was two things, an apology and for

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<v Speaker 3>me to stay away from her daughter's school. She's gotten

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<v Speaker 3>both of those things. At the very next candidate forum,

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<v Speaker 3>I offered a very heartfelt and sincere apology, cameras rolling

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<v Speaker 3>the microphones up, turned on, and I have not been

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<v Speaker 3>to her daughter's school one time since I've been on

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<v Speaker 3>the board. I don't want to traumatize anybody's daughter. Why

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<v Speaker 3>would I want to do that. So the two things

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<v Speaker 3>she's claimed she wanted, she's gotten. The only thing I

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<v Speaker 3>wanted was tr you to stop running around saying these

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<v Speaker 3>things about me, and you do that by serving the

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<v Speaker 3>season to asist. She brings the season to Asist two

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<v Speaker 3>of the school board meeting, reads it out loud, and says,

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<v Speaker 3>I'll spend the next ninety seconds retracting everything I've said

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<v Speaker 3>about Derrek Wilburn and stands they're in pen drop silence

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<v Speaker 3>for ninety seconds, which is a law.

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<v Speaker 2>Okay, that's what.

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<v Speaker 3>In other words, everything I've said about him, he's a child,

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<v Speaker 3>sex better, et cetera. It's all true.

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<v Speaker 1>So that is next level passive aggressive right there. I mean,

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<v Speaker 1>I got to tell you as a passive aggressive master myself.

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<v Speaker 1>That is next level passive aggressive. That that's not going

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<v Speaker 1>to play well in front of a judge.

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<v Speaker 3>It didn't, It didn't. This This judge has made it

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<v Speaker 3>quite clear where he stands on the anti slat motion

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<v Speaker 3>to dismiss. We'll find out where he stands on the

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<v Speaker 3>awarding of damages once a jury brings back their verdict. Right,

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<v Speaker 3>that could be a year from now.

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<v Speaker 2>Right, right, So let me do this.

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<v Speaker 1>Derek actually has a gifts end go account if you

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<v Speaker 1>would like to support him in this endeavor. And like

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<v Speaker 1>I said, I hate it that this is where we are.

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<v Speaker 1>But I think that other than walking up and stocking

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<v Speaker 1>people in the nose, which I do not endorse in

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<v Speaker 1>any way perform, I'm not sure what people can do

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<v Speaker 1>to stop the level of nastiness that we see on

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<v Speaker 1>a daily basis in our political dialogue. And so maybe

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<v Speaker 1>it is going to be things like this that are

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<v Speaker 1>required to bring people back in check.

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<v Speaker 3>I'm with you, MC, I mean, I don't want this,

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<v Speaker 3>I don't need this. I don't have time for this.

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<v Speaker 3>I just want to see children get the best education

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<v Speaker 3>that they can. Right. At some point, you've got to

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<v Speaker 3>stand up for yourself. I mean at some point you've

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<v Speaker 3>got to say, look, we've crossed the line, and I

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<v Speaker 3>hate this and I don't want this at all, but

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<v Speaker 3>you've got to defend yourself at some point, and we

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<v Speaker 3>simply reached to.

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<v Speaker 2>That point, correct, Derek Wilburn. Go back to your vacation.

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<v Speaker 1>I've put the link to your goat Give Give Send

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<v Speaker 1>Goo account on the blog, along with a link to

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<v Speaker 1>an article from the Gazette down in Colorado Springs that

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<v Speaker 1>gives a little more of the backstory, although I think

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<v Speaker 1>we covered it really well. Go enjoy your vacation and

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<v Speaker 1>we will share updates as you make them available to

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<v Speaker 1>me about where this whole thing is headed.

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<v Speaker 3>Don't mind if I do, and if I remember correctly, MC,

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<v Speaker 3>you ob a bowl of General Tale's hike, Dagan.

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<v Speaker 2>I do call me when you get back in town.

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<v Speaker 3>See ya.
