Fan Cases - Critiques, Thoughts, Ideas
This page will be specifically for people who are students/fans that are filing litigation, especially fascinating angles that I have not personally explored. This could be involving suing the Dept of State to get them to follow the law in terms of your passport, negotiable instrument cases, 42 USC 1983/1985/1986 cases, 15 USC 1 cases, or anything else.
If your case is chosen to be placed on this page then I will do a critique of your case in an attempt to help you as well as everyone else who is attempting to achieve success in either administrative compliance or litigation.
IMPORTANT NOTE: I’LL RECAP THE DOCUMENTS THAT I CRITIQUE, SO JUST CLICK THE RECAP LINK IN THE SECTION AND LOOK FOR THE DOCS THERE
If you would like to submit your case to be critiqued (we may start doing videos too with Joey on certain cases) you can email or message me with the basic info:
1. What is the case about in no more than two sentences?
2. Where was the case filed?
3. What is the current case status?
4. Case number?
Case 1 (Dept of State):
Venue: U.S. Court of Federal Claims (learn more about this fascinating court system at: http://www.uscfc.uscourts.gov/about-court)
Subject: Dept of State not issuing a diplomatic passport in accordance with endorsement code 11 from 8 FAM 505.2
Case number: 1:24-cv-01511-LAS
Who filed this: Robbie Bautista (Instagram: @robbie_radical)
RECAP Link: https://www.courtlistener.com/docket/69204148/bautista-v-united-states/
Personal remarks:
This is a case that got me so excited that I decided to actually build out this page specifically to help you guys who are filing litigation after seeing the 2.0 course. This allows me to help you as well as everyone else, so it’s quite exciting.
First and foremost, I have never seen anything done in the Court of Federal Claims, so this is quite exciting.
Looking over the complaint, they make it more of just a short and simple form, it looks like (which is quite nice).
Now, keep in mind, if you are alleging damages, you will need to prove or substantiate those damages to some degree.
In the jurisdiction section in part 1, there is some copied/pasted text from the Explanatory Statement. This is irrelevant to the question. This one would literally just be “The Dept of State is a Federal agency under the jurisdiction of this court.” I don’t see why you would need more than that.
In section 4, “statement of the claim,” it’s not bad. We have some quotes from the Explanatory Statement but this is YOUR complaint, so you need to press YOUR claims… not copy and paste from someplace else. Meaning, a simple way to write this complaint would be: “I am a noncitizen national due to one or more aspects of 8 USC 1408 applying to my life. I applied for a diplomatic passport on behalf of my diplomatic mission of helping Congress to correct the 14th Amendment in relation to their very sharp and biting words regarding it from the 90th Congress, Volume 113-Part 12. I am a member of a nonprofit international organization called The Amnesty Coalition and we seek to have the 14th Amendment corrected as having never been legally ratified, which was the wish of Congress for us to handle. I am also a national of The Nation of The Amnesty Coalition, which assists the United States with the lawful elimination of the 14th Amendment as well as helping to bring lawful money (gold and silver coins) back as a method of commercial exchange, rather than Federal Reserve Notes (which are negotiable instruments). I will attach a copy of the Explanatory Statement that was sent with the application as Exhibit A.”
This would show cause as to what your diplomatic activities have to do with the United States and how you are working as a diplomatic officer on behalf of The Amnesty Coalition. This would clearly delineate what you are trying to achieve and why.
Under the relief section in part 5, it’s not going to come off well to the judges there. The first two parts are ok but the parts about the financial requests are, honestly, ridiculous. It’s ok, he’s doing great for his first time and it’s SO cool that he filed this. But basically the financial aspect needs to be tied down to what damage you actually occurred. In this example, it’s just a lot of wasted time so I would do like $10,000-20,000 or something like that. Just to cover your wasted time of having to sue to get what is rightfully yours.
Then finally, he indorsed the instrument as though it is a financial negotiable instrument. You don’t need to do that unless there is some kind of unconditional promise or order to pay. “Without recourse” and “pay to the order of:” just make you look a little silly because you are attempting to negotiate a non-negotiable instrument. On the other hand, “without prejudice” is ALWAYS a good idea just to be absolutely sure you aren’t signing away your rights on something.
Overall, what I like most about this complaint is how short it is. The quickest way to ruin your complaint is to go on and on with irrelevant shit for 10 pages. So the shorter you have it, the better! Most of this complaint is good besides the jurisdiction section and financial relief requests.