Leaked Video of Meet Kevin in Court Fighting the Governor of CA.
FULL TRANSCRIPT
hello your honor can you hear me okay
yes
This is highly unusual Mr Hosley I will
allow but Mr paffra for him to be
substituted in what you're about to see
is me firing my attorney and then
representing myself in a California
court of law it's very important that as
you go into this you remember that this
is a sacramental court now why does the
sacramental court matter well it matters
because the Sacramento court is the
court that generally deals with all of
the governor's matters
the governor of California is usually a
stepping stone for what going to the
White House becoming the president it's
a big stepping stone guess what
presidents can do once they are
President they can take judges they like
and appoint them out of districts and
then into federal court which is
ultimately where judges want to go
because you go from those district
courts to the federal courts then what
you ultimately try to get picked off for
the Supreme Court and so that is the
path for judges in other words
if you do good for the governor all the
time there might be a little bit of an
incentive to make sure you rule in the
guff's favor some of that may be at play
and I'm curious to hear what you think
as much as I don't want to allege that
that is what I was told is likely at
play in the ruling of this case where I
ended up firing my attorney and
representing myself ready for it goes
back to my campaign for governor where I
came in second of recall candidates
let's go court is calling the case of
meet Kevin pafrath for California
Governor 2021 versus Shirley n Weber PhD
in our official capacity as Secretary of
State state of California Mr Hosley I I
wanted to raise an issue that was not
raised by the respondent and that is
whether or not the petitioner who is a
committee and not a natural person is an
elector who has standing to seek a writ
of mandate under elections code 1331 one
four an elector is defined in elections
code section 321 as
an elector means a person who is a
United States citizen 18 years of age or
older and accept as specified in
subdivision b as a resident of an
election Precinct in this state on or
before the day of an election from the
Court's review of the petition itself it
does not appear that the petitioner is
in fact a person and so we cannot bring
this petition for rid of mandate
sure
um thank your honor I've had a chance to
I'm taking a look at it but I believe
you know Mr pathrath Kevin uh meet Kevin
pathrath he you know he technically I
guess he would be the real party and
interest here on behalf of of the
committee so regarding the filing
mistake here's how this works and this
is going to show you how politics is
rigged you ready for this
so you all know that I'm known as the 51
49 guy okay so I say this that I am 51
Dam and 49 rep I feel like I'm
relatively in the middle and I really
expect that my policies when I ran for
governor aligned with this I called
myself a JFK Democrat not to at all be
aligned with RFK it was uh it was really
a conservative approach uh to to I think
the best solutions for our problems in
America you could look up the meet Kevin
20 point plan it was stuff like
investing in financial education and the
the foundation of America improving that
and dealing with homelessness things we
can all agree on more housing better
transportation right
anyway the problem is because this was a
recall election in the recall election
of an existing Democratic governor Mr
Newsom basically everybody running
against him was a republican so the
Republican ticket probably had somewhere
around 30 names the Democratic ticket I
was basically one of the only dogs on
the Dem ticket because I'm running
against the establishment that's very
difficult because guess what happens I
pick up the phone and I'm like yo I need
an attorney oh cool what party are you
oh well I'm Dem oh I can't represent you
that's running against the establishment
sorry you'll have to call another
attorney so the only attorneys who could
get are Republican attorneys well there
are four lawsuits filed at the time the
Republican attorney that I had on
retainer is like hey we need to
represent our own case at the same time
so we can't represent you so here's
basically
someone else and I'm like bro you're
dropping this bag on me like last minute
and they're like sorry so I prepped the
case myself but anyway that person ends
up making a filing mistake and I'm like
this is how the game is rigged if you're
running against the establishment you're
screwed if the court allows it we can we
can simply you know amend that or or
state that and I'm stating that on the
record that you know he is the real
party in interest here on behalf of the
campaign obviously as a sole candidate
there there's no confusion and you know
there isn't anyone else that the
committee represents it's it's his it's
his committee
right but I think this is a
jurisdictional issue and that is whether
or not the court even has jurisdiction
to entertain the merits of the petition
in this case the petition petitioner
is not an elector is defined in the
elections code
um
so now what you've seen here and are
about to see more of is the moment where
I'm texting the attorney saying leave
get off the case you're done you're
fired let me in let me represent the
case just tell the judge and I'm sending
like text text text text text I'm like
one of those persons when you have your
phone open I just go
like stop talking so I I text him
whatever I could like please get off and
I was even calling the person who
referred this person I'm like tell him
to get off let me do it
uh one second sorry
um going back to the the the standing
issue your honor I I wanted it I wanted
to know if the court would allow an oral
Amendment uh to the Writ so that
Kevin pathrath can be added as the
petitioner and he would be willing to
represent uh himself in that capacity
um and if he can specifically you know
join join this proceeding as well would
that be allowed
well
are you saying you're not representing
he personally
individually then it in your his
accounts then it would not be
permissible for a court to hear from him
individually you are his attorney you
represent him the court would hear from
your from you as to the arguments on
behalf of Kevin pathrath half breath
and second with respect to an oral
Amendment to the petition is Haddad what
is your position with respect to any
kind of oral amendment to a man and as I
understand let me just make sure Mr
hosley's request is to substitute
substitute Mr pafrath individually as
the petitioner instead of the committee
your honor we would object
thank you
Mr Hosley and just to be clear I I don't
represent him individually I represent
the committee I just wanted to be clear
about that aspect I don't represent him
personally I would ask that you know
he'd be permitted to come in and
represent himself in his in his capacity
as as as as such your honor we object to
any oral Amendment
This is highly unusual Mr Hosley here's
what I will do I mean given that this is
an election with given the fact that the
voters rights were implicated here as
well as a candidates right to run for
public office and the First Amendment
issues involved I will allow Mr Ho Mr
um paffra to uh well first of all him to
be substituted in as the petitioner
instead of the committee but I will tell
you this Mr Hosley then you will not be
permitted to be heard
you do not represent them anybody of any
any party in this case any longer right
that's fine that that's that solves the
overarching jurisdictional issue and so
you know it's not ideal but
um well it's not ideal from the Court's
perspective either right I understand
the respondent's objections thank you
your honor uh if I may your honor can I
just confirm that we'll
will Mr pathrath be raising this well
the court
um wish to hear me address the arguments
that Mr Hosley has just raised or will
be Mr Patrick be raising new arguments
well
Miss paffrath is limited to the
arguments raised in the papers okay
thank you right there's not going to be
no surprises sure yeah and there's going
to be no Prejudice to respond whatever
has been set forth in in the opening
memo points and authorities is what Mr
paffarath is limited to and so with
respect to whatever arguments Mr
hosley's made I'm not going to ask you
to respond to them at this point
thank you your honor
I'm gonna wait for Mr pavroth to be in
the waiting room good afternoon Mr
pafrath
hello your honor can you hear me okay
yes I understand you've been observing
the hearing by uh YouTube
that is correct your honor with the
exception of the past few minutes here
as I was transitioning over I have okay
all right so at this point Mr Hosley is
not the attorney of record for the
petitioner the court has allowed you to
substitute in for the committee and so
um as you may not have heard uh the
clarifying question from response
Council and that is whether or not
you're going to be permitted to make any
new arguments
um and the court has indicated to
counsel that you are not whatever
arguments you make this afternoon are
limited to what has been presented in
the moving papers and nothing more do
you understand I understand your honor
I'm ready all right you may proceed okay
your honor I would like to start first
with actually what you began your case
with you began that you were inclined to
deny our petition because you mentioned
that section 20
716 indicates that a trademark cannot be
used in a ballot designation and so
while I understand this to be true and
to be the law I do believe it to be an
inaccurate application mostly because
actually very specifically because the
law
2716 designates that ballot designations
cannot include trademarks but the law
does not indicate that a ballot name
cannot include a trademark this is a
very important distinction because the
law does not give the Secretary of State
any jurisdiction to argue that just
because something is a brand it cannot
be listed in the name of a ballot this
is beyond of course the argumentation
that we've made that we are publicly
known as meet Kevin whether that's on
YouTube or on social media it's very
clear that we're publicly known as me
Kevin we submitted the evidence to you
the polls have accrued additional
polling data regarding this information
but I think the Crux so the argument and
this is where I just like to start and
forgive me if you're not knowing the
process because I can go through the
full argumentation so I'm going to ask
for your guidance on that but I want to
start by saying that I think the
application of 2716 is completely
inappropriate to this and if I can then
ask you should I continue with my
arguments or do I wait and go back and
forth you can continue
I can see okay then let me do this am I
allowed and again forgive me for this
too am I allowed to share my screen
it'd look like this
is that okay
Council can you see that
I can your honor thank you all right go
ahead okay so so uh we'll go step by
step then if I'm going to present my
whole case then uh I will go ahead and
start a number one so here's Big argue
hold on hold on hold on hold on hold on
this your Council has requested that
before to record this hearing so a court
reporter needs to take down what you're
saying you have to slow down
okay so slow way down so she can take
everything that's being said
you got it your honor
right you may proceed argument number
one it's very important to dissect the
Secretary of State's argument that a
brand shall not be allowed on the ballot
because a brand the way the Secretary of
State defines completely ignores the
fact that brands have been allowed on
the ballots in in the past see ballots
consider Brands consist of three types
of things products services and personal
identities or nicknames we know that the
law allows nicknames to be on ballots we
know this to be true so we have to
differentiate what is meet Kevin is meet
Kevin a product does society look at me
Kevin and think or when they hear me
Kevin do they think of a product or do
they think of a service or do they think
of a person if Society hears me Kevin
and believes that they hear a person or
they see the image of a person just like
when somebody says what do you think of
Larry King what do you think of Magic
Johnson if society and your honor if you
are compelled to see that that when
someone hears me Kevin they picture me
then we must understand that this type
of brand is actually a legal course of
of allowing a name to be on a ballot
this is normal and it's been done before
the legal precedent exists for example
Trump we know is a brand we know Larry
King is a brand this brings up the very
important argument that we have
precedent of nicknames and Brands this
is extremely important because when we
look at the 2003 recall election ballot
we know that Kurt takikaze rightmeyer
was on the ballot this is simple that
anybody somebody could anybody could
Google the 2003 California recall
election ballot and see this particular
name was authorized now what's very
unique about this name is this is not a
product this is not a service this is a
person's identity just like meet Kevin
is in fact the LA Times on August 26th
and 2003 said that takakazi is a Sumo oh
name and I can pull this LA Times
article up and they defined it as wind
from a sword strike so now we know that
not only
are there different kinds of Brands
which really secretary of state has
failed to Define but we also understand
that personal identity Brands such as
stage names like a Sumo wrestler's name
has been allowed on a ballot before so
not only does the Secretary of State try
to confuse you your honor by not
providing what the actual appropriate
definitions of brands are but the
Secretary of State also fails to
recognize that they themselves have
authorized precedent in this they made
the action that allowed takikaze to go
on a recall election ballot which is
exactly what we're looking for here
we're now looking for special treatment
we are looking for equal treatment and
this benefits the voters by making sure
the voters are aware that somebody they
know as meet Kevin is able to be
represented on ballot now this brings up
and I've started with this I'm just
going to do a brief recap on this
argument number three for us is that
applying the law of 2716 is
inappropriate by the secretary by the
Secretary of State this law specifically
refers to ballot designations and it's
very important to know that the
Secretary of State gives you a ballot
designation worksheet anytime you file
to be a candidate this worksheet tells
you that ballot designations are for
professions or what you are currently
doing so for example Kevin Faulkner just
had his case denied because he wanted to
be known as the former San Diego mayor
on his ballot and he was denied this is
actually where the Secretary of State
also has discretion they can decide okay
what kind of ballot designation can you
have for example I probably couldn't put
president on as a ballot designation but
I can put Financial educator and analyst
which I have done this is the limit of
discretion for the Secretary of State
but beyond that it's also where the
limiting factor of trademarks comes in
see I could not say uh as as Kurt
takikaze said I could not say on the
ballot designation that I'm the CEO of
Target trademarks are not allowed in
ballot ballot designations this is
specifically what the law says it's
Crystal Clear that trademarks and brands
are not all allowed in designations
however 2716 does not say anything about
names and this makes sense because
sometimes personal brands are company
names some people create s corporations
in their personal name sometimes we just
have personal brands that go on balance
this is normal Donald Trump is the
perfect example of this so just adding
Clarity here visually
this upper line can be your name or
nickname legally you can put your
nickname in the top line
the only law that exists says that you
are not allowed to in the byline put
your brand so no brands are allowed here
but there's no law that says brands are
not allowed here as long as they are
actually your nickname so Donald Trump
via the byline of the Trump organization
would not work however this could be
real estate entrepreneur former
president whatever it could be things
like this as long as it's not a brand
now if Donald's nickname was Meet Donald
and everybody knew him as meet Donald
you could put your name on the ballot
like this meet Donald Trump and you put
the quotes to indicate that is your
nickname that is legal there is
precedent for that as I talk about in
the case but again the law specifically
says no brands in the sub line there is
no exclusion about brands in the top
upline as long as they are actually your
nickname and people don't come up to me
and go Hey Kevin pavrath they come up
and say hey meet Kevin duck it's like in
every video I introduce myself as meet
Kevin the last argument well actually
two more brief arguments you've seen
these before we've submitted these to
evidence when I've surveyed the people
who know me the folks who support my
campaign and I ask them how do you tell
people about me that is how do you know
me slash my name on YouTube I had 70 000
voters seventy thousand said I watch
meet Kevin on YouTube and that answer
was 93 so the vast majority of the
public of 73 000 votes 93 know me as
meet Kevin when they tell their friends
about me they say I watch me Kevin and I
understand the first impression is odd
why is it that somebody's name is meet
Kevin that sounds like a verb I
understand but so is off the insect
repellent brand that is a that's a verb
as well verbs can be nounified and
there's a special word for it in the
dictionary for for notifying verbs but
we won't go there anyway the public
perception is very clear on YouTube that
I am known as meet Kevin other YouTubers
when they make videos about me they say
I'm making this reaction to me Kevin
meat Kevin just bought this stock meet
Kevin just bought a house whatever it's
always meet Kevin almost done here sorry
for for this but I want to be thorough I
asked two polls on Twitter on the day
that I was denied by the Secretary of
State in fact they initially mentioned
that hey we're not sure if we can use
this they're going to check with their
supervisor as soon as I heard that there
was any kind of uncertainty I ran this
poll that was July 15th that I ran the
poll the poll was up for 24 hours on
Twitter I received
7714 votes and I asked if you saw me on
the street how would you greet me answer
your first reaction what do you know me
as and 86.4 percent of respondents said
hi meet Kevin which is very appropriate
since right now when I go to campaign
rallies or I walk down the street people
people will say okay if they even if
they're not expecting me excuse me in
like a Starbucks or something like that
people see me and they would say oh my
gosh it's me Kevin hi meet Kevin how are
you doing meet Kevin see meet Kevin is
me it is not something else it is me I
understand that in the past I have used
it as part of my real estate image
because I've also defined myself as meet
Kevin in real estate but I've also let
my real estate license expire I am not
actively taking clients I haven't had
clients in 18 months have only
represented myself and I'm not using my
real estate license anymore so that also
puts to bed this argument that I'm
trying to somehow promote this brand
that's not what I'm doing I'm just
trying the public to get to to know what
my identity is I had one more poll and
then one last thing to say and then I'm
done so about one minute follow-up if
someone asked you who were you voting
for would you say Kevin meet Kevin or
Kevin pavrath and the vast majority of
respondents said meet Kevin over
two-thirds well actually exactly
two-thirds said this now the last thing
because I personally belief that the
secretary of state is trying to not only
mislead you on this brand argument by
not properly defining this not properly
explaining their precedent but I also
believe they're trying to apply a
totally inappropriate law to this
particular case this case has absolutely
nothing to do with Section 2716 and I
believe the secretary of state has been
derelict in these three particular
objects already but it gets even worse
in their response they said that fox
Kennedy never mentioned me by the phrase
meet Kevin when in fact she did with
your honor I can play this video for the
court uh within a minute if you wanted
me to but the quote that she says at two
minutes and eight seconds to two minutes
and 12 seconds in the video is she talks
about my plan she Recaps the plan and
then says quote and to that I say yes
meet Kevin and points at me your honor
the case is extremely clear here the
public knows me as meet Kevin news media
organizations know me as meet Kevin the
secretary of state is trying to mislead
you by keeping me off the ballot and
that is going to hurt voters your honor
thank you for the time thank you yes I
did Mr dad uh yes your honor uh first I
just want to make clear that the
secretary of state is in no way trying
to keep Mr paffgraf off off the ballot
uh as as we've made clear he is going to
be on the ballot what is it issue here
is whether or not meet Kevin is a
nickname that can qualify as a candidate
name and the answer is it cannot
um Mr just to address I know that you've
read the briefs so I won't take you
through those again I just would like to
address the arguments that Mr Pastor Mr
pathrath has raised here today
um regarding the the elections code must
be read as a whole
the Secretary of State's regulation
2716 concerning ballot designations is
very instructive because it shows it
addresses one of the few things that can
go on the ballot so the the items that
can go on a ballot are the candidate
name the office that the candidate is
running for the ballot designation and
in certain circumstances uh the party
that the candidate chooses uh that the
party of preference that the candidate
chooses
for the ballot designation the candidate
name though there's no definition by the
legislature
um every instance used by the
legislature in every statute implies
that it is the name that the individual
is known by and historically this has
included nicknames nicknames that you
know of examples that we all know for
example Joe Biden or great objection
your honor if I may continue yes
uh
regarding the
uh uh the the fact that 2716 gets even
more specific is because it has to do it
it uh the fact that uh 2716 gets more
specific
um is because clearly there have been
issues that have been raised there in
the past but that doesn't mean that a
candidate should be permitted to
circumvent 2716 by inserting a trademark
or service Mark into the candidate name
the purpose of this of these statutes
overall is to ensure that there is a
fair election and to ensure that the
ballot is neutral and to ensure that
every candidate
um doesn't have a one-up over the other
uh and one can easily imagine a
situation where if the court were to
permit meet Kevin as a nickname today
one could easily imagine a situation
where
um for example
uh Mike my pillow Lindell my pillow guy
Lindell would seek to put his name on
The Ballot or should Arnold
Schwarzenegger decide to run again
Arnold the Terminator Schwarzenegger
um or even Dennis the All-State guy
hayesburg these are all brands but that
does not make them nicknames
um and well to to Mr past paprat's point
that Donald Trump may be a brand name
we're not saying that no name or no
nickname could ever be a brand name but
here this is not a clear case no this is
not uh even a close case your honor
um
uh in the Secretary of State makes its
determination on a case-by-case basis
and it does research they will reach out
to the candidate as Mr pathrath has
indicated
um and will determine whether or not the
nickname is actually what the candidate
is known by now that doesn't mean that
the candidate has to be known that
doesn't mean that if the candidate have
is known for his public business or his
public Persona that that is his nickname
I think
Common Sense dictates here
and regarding the 2003 recall ballot
candidate that was raised for the first
time here
as I mentioned nicknames are determined
on a case-by-case basis this was an
issue from 18 years ago it's not uh
before the court today and we don't know
the research that the secretary of state
did at that time but also
even if if your honor is to considerate
stage names are not necessarily
prohibited as nicknames again it is a
case-by-case basis and while there may
be close calls out there frankly this
wasn't one
um your honor may I respond hold on I
don't think she's finished
thank you your honor
um I also just I'd like to point out
that there has been
no violation of any law by the Secretary
of State in making this determination
um that you know the elections code
specifically states that the candidate
must have that on the ballot the name of
all the names of all qualified
candidates
the extent that this permits nicknames
this is left to the Secretary of State's
discretion the Secretary of State
exercises discretion here and did not
did not abuse and did not abuse it so we
do urge deference to that to that
determination your honor
thank you Mr paffrath
yes your honor thank you so much I I
think the first thing that I'd like to
respond with and thank you so much for
the opportunity to respond here the
first thing we need to understand and I
think the court is compelled to rule on
is a whether my nickname meet Kevin is
deceptive or hurts Society in any way
the reality that perhaps by permitting
my stage name which has been done before
with the sumo wrestler from 2003 would
somehow open the door to a Floodgate Of
nicknames is not up to me that's not my
problem my belief and this is the
argument that we are making is that the
court should ask is the public being
helped or being deceived by the use of
my nickname we believe that they can
properly identify meet Kevin by the
person who is running for office the
problem I have with my last name is
actually something that all three of you
in the zoom hearing have experienced you
can't say my last name and that is why I
don't use my last name he and and I I
don't blame you I grew up with him my
entire life but you've all butchered it
and it's fine I don't mind that I get it
but that's why I go by meet Kevin when I
introduce my YouTube videos I say hey
everyone meet Kevin here I have
thousands of videos saying this and so
this argument that somehow my nickname
can't be allowed but you just heard uh
my opposing counsel say quote stage
names are not prohibited
and suddenly my stage name is prohibited
is completely ironic and it's not fair
it's not a fair application of the law
and that is why we're in court today to
make sure that we have an equal
opportunity to run as a candidate in the
state of California so that way the
voters can decide who they want to be
their governor this is a question of
enabling the public the opportunity to
choose who they want yes my identity is
meet Kevin that is who I am that is what
I'm running as I'm running as meet Kevin
now I understand on a ballot it has to
include my legal name if I could change
my legal name within within the next
three weeks I would do that
unfortunately it takes three months to
do that but I I'm known by me Kevin and
we seek to be on the ballot as Kevin
quote meet Kevin pafrath we don't
believe that
causes any harm the Secretary of State's
State's argument is that my nickname is
not bona fide but the definition of bona
fide is just legitimate and not
deceptive my nickname is legitimate the
public has verified it as legitimate Fox
News has verified it as legitimate it is
very clear there's no question there's
no question at all that my nickname is
me Kevin that stands above all and we're
looking for that equal opportunity and
we just heard opposing Council say that
stage names are not prohibited and
I understand the opposing Council
mentions oh well you know we haven't
done the research into 2003 the reality
is it doesn't matter it's there a stage
name has been used but whether we use
the precedent that is legally existed or
her own words when she says stage names
are not prohibited the answer is very
simple here meet Kevin deserves to be on
the ballot by right and one last
argument here to make is that we've also
agreed that brands are allowed on the
ballot the opposing Council starts out
their response their response to our
petition saying that brands are not
allowed on the ballot yet here opposing
counsel just said well you know there
are definitely cases where brands are on
the ballot such as Donald Trump so
opposing counsel is dismantling their
own case they're literally telling us
right here that stage names are okay and
that brands are okay we just don't like
me Kevin and my argument is the
California voters should have the
opportunity to vote for Kevin meet Kevin
pafrath I should should be treated
equally to all other Californians
including the actual precedent we have
seen on a ballot in 2003 but beyond that
we have to also we have to Circle back
to this uh to this law the law
2716 opposing Council just mentioned
there has been plenty of legislation
these were her words I wrote them down
there's been plenty of legislation
indicating that nicknames are okay great
wonderful and the legislature has also
created the law 2716 which says that
specifically for ballot designations
trademarks are not okay Donald Trump
trump is a trademark and the law the
legislature likely understood that you
can't say that trademarks can't be in a
ballot name because many people
trademark their identities so this idea
that because meet Kevin is trademarked
because I went out of the way to protect
my identity even more over the last
eight years where my identity has
evolved the fact that I went out of the
way is somehow now an argument against
me is ludicrous because again it's not
what the legislature attended and I
believe that is also upon the court to
decide did the court did the legislature
intent for 2716 also to apply to ballot
names in which case any candidate
whoever runs who also holds a trademark
such as Trump will not be allowed on the
California ballot so I think the case
here is extremely clear we are looking
for a nickname to be included on a
ballot as has been done before there is
no law that opposing Council has
presented or no code that opposing
Council has presented that speaks to
anything otherwise the only argument
opposing counsel has is well if we let
meet Kevin andron then the next time
we're going to get the Terminator that's
not my problem that's not my case
uh your honor if I may briefly respond
yes uh first off the issue here is not
whether a name is a trademark the issue
is not whether someone whose name such
as Donald Trump
is also a trademark the issue here is
whether meet Kevin
a name belonging to Mr Kevin paffrath is
a nickname for the ballot and the
secretary of state determined that it is
not a nickname as is commonly understood
or what what a nickname means it is
instead a brand
respectfully Mr pathrath Miss
misinterprets what I've said
um to mean that stage names are okay but
not brand names that is incorrect it is
perfectly conceivable that sometimes a
name can also be a brand name or that a
name can also be a stage name but but
here meet Kevin is not a name and it is
not a nickname
regarding the stage name from from 2003
again
this this was not before the Secretary
of State we have not looked into the
circumstances for approval of that name
but even on its face clearly this one
word could be taken to be a name
regarding that Mr uh regarding that Mr
pafrat's last name may be difficult to
may be difficult to pronounce
that's not the test as to whether a
nickname the nickname that he has
suggested is appropriate for the ballot
similarly it is not the issue is not
whether the test before the standard
before the court is not whether uh a
brand name is deceptive
the issue is whether it commercializes
the process and whether in fact it is a
nickname and again your honor it the
Secretary of State looked into it
they they understand it's understood
that while many people may recognize Mr
pathrath as meet Kevin he is referred to
um in person as I took the court through
in our brief in section uh 1B of our
brief I took us through the materials
that Mr pathrath had submitted uh to
show that even in those materials he's
referred to as Kevin Passat
so I mean we we understand that
um that he the source of his power
popularity may be this brand that he has
built but it's not appropriate for the
ballot
I'd like to respond briefly and then the
court will go ahead and Rule
your honor may I play the uh Fox Kennedy
clip where I was referred to as meet
Kevin
I
I don't think that's appropriate or
necessary I accept a representation that
she referred to you as such all right
then I'd like to just respond to these
uh these last statements here the
opposing Council just made it very clear
that the issue here is whether or not
meet Kevin is a nickname I have provided
evidence based on my hard work over life
not only the last eight years of
building meet Kevin as my identity but I
have provided statistical evidence
through YouTube polling through Twitter
polling through references in the media
that meet Kevin is my nickname Newsweek
the LA Times the New York Times They all
reference me as meet Kevin now they may
also reference me as Kevin pafrath
because obviously Kevin paffrath will
also in part appear on the ballot but my
more common name because when people
hear Kevin pathra they don't know who
that is my common name my common
identity my nickname is me Kevin I have
provided evidence to prove that that
meet Kevin is my nickname now opposing
Council has said has said that well
Kevin doesn't meet the criteria to or
meet Kevin hasn't met the criteria for
being a nickname well then a what is
that criteria because it certainly
wasn't presented in oral arguments here
in the court and uh B so far all I've
heard is that the issue is not that it's
deceptive we've dropped the opposing
Council has dropped the argument that
law the law stands in the way the
opposing counsel is simply arguing that
well we don't think it's a nickname we
think that meet Kevin commercializes the
process well in order for me Kevin to
commercialize the process meet Kevin
would have to represent a product or a
service it doesn't and I've provided
evidence whereas opposing opposing
counsel has provided zero evidence I'm
providing evidence to meet Kevin is a
nickname opposing counsel has not
provided any and it is very clear that
if their concern is commercializing the
ballot process then I'd like them to
please let me know what product or
service is meet Kevin when this when the
public hears me Kevin what is that
product or service and your honor if you
rule in favor of the Secretary of State
I believe you're ruling against a
society of influencers and new
up-and-coming potential people who could
serve their country and serve America I
am simply seeking that my nickname be on
the ballot so I could have a fair chance
in this election I appreciate that
anything further Miss had that before
the court rules
um no you're on or not at this time all
right Mr pathrath is the matter
submitted for the Court's ruling
do I say yes to this
if you want me to rule I I would like
you to rule things okay all right the
court is going to uh deny the petition
for rid of mandate the court finds that
meet Kevin is not a nickname it's not
his obviously his formal name and the
court finds it based upon the evidence
in front of it that it is in fact a
brand
um all of the evidence presented
um supports the response position that
the words or the phrase meet Kevin is a
brand that is how he is known in social
media
well Donald Trump is a person I'm not
sure I even understand the argument that
Donald Trump is a brand but putting all
that aside
um the court is going to deny the
petition for written mandate
um I said hey Dad did you provide a
proposed order for the court
um your honor I apologize I think that
was an oversight on our part uh I can
provide one shortly all right you'll
need to provide it to Mr pafrath quickly
because it's now four o'clock to prove
as to form and get it to the court
um so that you can obviously have the
requisite notice and have the Secretary
of State get the order before the
deadline of 5 PM could I ask just one
more question and Mr pafrath um what I
would ask you to do is to cooperate with
Ms Haddad to approve the uh order as to
form and perhaps Mr Hosley can assist
you on that sure all right thank you
thank you could I ask one question
yes
uh for for brand I just want to know in
the future what if I changed my name to
meet Kevin and like literally my legal
name was that because that that is what
people know me as the fact that it's
seen as a brand is obviously very
disheartening to me uh you know I'm not
gonna obviously debate it with you but I
obviously I'm devastated I mean
basically my my opportunity in this
campaign is over my campaign is is
essentially destroyed with this ruling
I'm out is essentially what what this
ruling is
well Mr Hosley will probably tell you as
an attorney that the court cannot render
an advisory opinion that issue is not
performing and I can't make and give you
any indication of that if and when that
comes before me I will obviously make a
ruling because at that time he'll be
properly before the court so I thank you
for your arguments Mr pathrath for being
I don't know if you have any legal
training but for being at least a
non-attorney you did an excellent job
and I appreciate your
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