The Kansas Constitutional

Breaking down the viral Lawrence DA video

SCREENSHOT: Still from the YouTube video 'Same Deputy District Attorney Infringes On Citizens Rights Again'

Dr. Justin Spiehs is a man known in Douglas County for a number of reasons, often butting heads with local media outlets and local government in Lawrence, Kansas and Douglas County. He currently has three federal lawsuits in the work. One against the Lawrence City Commission and Lawrence Public Library for alleged freedom of speech violations. One against Lawrence USD 497 for alleged 1st and 14th Amendment violations. Another is against the Sherriff of Douglas County and two deputies along with the Douglas County Commission for 1st, 4th, and 14th Amendment violations.

On January 30, Dr. Spiehs went to set up an appointment with Douglas County, Kansas Deputy District Attorney Josh Seiden to learn more about why the man who attacked him and stole his property when he was protesting mask mandates at USD 497 was never charged. Seiden came out recording Dr. Spiehs on his phone as if Dr. Spiehs was a threat that was going to do something to him. Throughout the nearly 20-minute video taken by Dr. Spiehs, Seiden dodged questions and acted nervously around Dr. Spiehs.

On February 1, Dr. Spiehs decided to go back to file a KORA to obtain the video Seiden took of Dr. Spiehs as well as file two complaints. The video got picked up by local government transparency advocate Michael Eravi of Lawrence Accountability. The video then got picked up by James Freeman, another government transparency account with nearly half a million subscribers.

Throughout the nearly 40-minute video, Seiden says some really weird things to Dr. Spiehs and these things are important to understand when we talk about dealing with the government as Dr. Spiehs has.

In the video, Dr. Spiehs asks Seiden what he does with the footage he takes of him. Instead of answering the question, Seiden asks Dr. Spiehs what he does with the footage he takes. Dr. Spiehs points out that Seiden is a public official, and Seiden tells Dr. Spiehs that he is too, stating that because he ran for public office and is constantly putting himself in public eye, he is a public figure.

It should be noted that just because someone ran for public office once two years ago and failed to get elected, does not automatically make them a public figure. So, bringing that up is weird. Dr. Spiehs has become a somewhat famous (or infamous) voice in Douglas County for his public engagements through protests and speaking at city, county commission meetings and school board meetings, being highlighted in local media, and posting regularly to his YouTube channel. So, Seiden bringing that up is valid, but only that part.

Seiden, as an on the clock government official, then asks to get the recording of Dr. Spiehs’ video just because Dr. Spiehs wants the recording of himself that Seiden is taking. Dr. Spiehs points out that he is a private citizen and the question of whether Seiden is using a public cell phone or a personal phone gets brought up but he refuses to say, stating, “This is a phone that I use.”

Seiden then claims that if someone films him, he films them. It should be noted as seen in the first video, Seiden came out videoing Dr. Spiehs before even knowing if Dr. Spiehs was filming him. The only thing he knew is that it was Dr. Spiehs in the room. So, the idea that he isn’t filming Dr. Spiehs specifically because it’s Dr. Spiehs doesn’t seem honest.

Seiden goes onto threaten Dr. Spiehs, telling him that if it takes any longer he will ask him to leave. Dr. Spiehs, who is in a public building, not loitering, but filling out a KORA request, correctly pointed out that Seiden does not need to be in the room as he fills out his request. Seiden is literally choosing to put himself in that unnecessary situation on the taxpayer’s dime.

After Dr. Spiehs points this out, Seiden states that he doesn’t have to allow him into the public building because he is “clearly here just to cause distraction and disruption.” However, according to the video evidence, Dr. Spiehs was clearly there to fill out a KORA request while Seiden was actually the one there (by his own choosing) to cause distraction and disruption to Dr. Spiehs.

Seiden continues to state that Dr. Spiehs is “not here for any legitimate reason,” despite the KORA form sitting right in front of Dr. Spiehs.

Seiden also states that he is there because he works there and Dr. Spiehs says, “Collecting paychecks.” This leads Seiden to ask Dr. Spiehs if he is collecting paychecks—allegedly seeming to ask if Dr. Spiehs is living off the government and asking him what he does for a living. Not having to answer the government official, Dr. Spiehs asks what relevance that has. Seiden tells Dr. Spiehs, “It’s relevant to my curiosity.”

Dr. Spiehs goes on to ask the Deputy DA why the man who illegally parked in a crosswalk, got out of his car unprovoked, stole Dr. Spiehs’ signs and tried to use them as a weapon to batter him was not charged despite there being video evidence and two witness reports. The Deputy DA told him he didn’t know why as he doesn’t know who reviewed the case. Dr. Spiehs asked if he could find out who reviewed the case.

“Why don’t you submit a KORA request and we’ll process it in a timely manner,” Seiden told Dr. Spiehs.

Dr. Spiehs goes onto say that he was the victim of a violent crime and that Seiden sat there the other day telling him that was “his opinion of what happened.” Dr. Spiehs then noted a poster on the wall for sexual assault victims and asked Seiden if he mocks the people that come in as victims of sexual assault.

“If you’re saying you’re sexually assaulted then that’s something serious that we probably need to talk about,” Seiden answers.

It’s important to note that any violent crime should be considered “something serious” that needs to be “talked about,” not just sexual assaults.

“Is me being attacked and getting my stuff stolen serious, Josh,” Dr. Spiehs asks.

“You’re telling me about your perception of an event…” Seiden begins to state before Dr. Spiehs interrupts him to remind him that it was caught on camera, which is more substantial than a “perception of an event” and can be easily viewed by anyone at any time.

Dr. Spiehs offers to show Seiden the video and Seiden tells Dr. Spiehs he does not want to view the video right then, despite the fact that he’s literally doing nothing but videoing Dr. Spiehs while on the clock in his official government capacity, something he again is not obligated to do, but rather choosing to do.

Later on, it is shown that Seiden is holding up the paper Dr. Spiehs filled out and handed to him, recording any and all private information Dr. Spiehs provided on the paper on this phone that is still unclear as to whether it’s a government or personal phone, meaning, if someone else fills out a KORA form to get the video off of this phone, Dr. Spiehs’ personal information could be compromised.

Dr. Spiehs asked for another KORA request for the next video Seiden took of him after having to leave and come back. This led to Seiden coming back, not with his cellphone, but with two sheriffs. Dr. Spiehs said he was just going to fill out one more KORA request, which Seiden said he can’t do there, but Dr. Spiehs noted that, yes, he can.

Seiden says he has “taken a lot of time” with Dr. Spiehs, which Dr. Spiehs again, correctly points out, was of Seiden’s own choosing and not actually because he needed to.

Dr. Spiehs goes on to ask why court security was there, asking if he did something wrong, to which the armed government official shook his head “no.” Dr. Spiehs asked why the official was there, clearly meaning in the room.

“It’s the building that I work in,” the official stated.

Dr. Spiehs goes onto ask what specific purpose he has being in the room.

“I’m here because of you,” the armed government official states. He also says he’s there to “keep the peace” despite Dr. Spiehs just being there, sitting in a chair, filling out forms and asking questions.

Dr. Spiehs then notes a hypocrisy of Seiden who told him that any time someone records him, he records them back. However, this time, Seiden was not recording Dr. Spiehs, leading to further suspicions that Seiden was originally just recording Dr. Spiehs because it was Dr. Spiehs and not because he was being recorded.

Dr. Spiehs was also refused his copy of his KORA form, being told it would be emailed to him later despite him asking to copy the form and to give him back a physical copy for his records while he was there. Both armed government officials sided with Seiden.

Seiden goes onto say that he voted for Dr. Spiehs who accuses him of being a liberal. While I can’t confirm or deny Seiden’s voting record, I can say that Seiden has gone on record of calling Lawrence Journal-World (LJW) “a fledgling publication devoid of journalist integrity and constantly on the prowl for potential clickbait.” LJW is a far-left publication in Lawrence, Kansas that has been exposed by The Kansas Constitutional for knowingly lying to their readers for their own political bias.

Since this video went viral, a reliable source has stated that men, specifically, across the country have been calling the DA’s office to say that Seiden should be fired. They have also started keeping KORA forms at the front desk.

In a private Facebook group called ‘LFK for Dummies WORLDSTAR,’ one contributor made the following post:

This post has given me two reactions. First, I’m glad Lawrence residents are finally waking up to the reality of their tyrannical government that they keep voting for. Second, I find this post disingenuous. The reason for that literally starts with the first sentence.

“I very much dislike this auditor Justin Spies for what all he has done in Lawrence but I also respect his rights and this infuriates me as a local resident,” the post reads.

I’ve followed Dr. Spiehs since the start of The Kansas Constitutional and his whole MO is his rights. The People’s rights. The rights of the students at USD 497. This contributor somehow dislikes Dr. Spiehs for being about people’s rights, yet somehow respects his rights? That doesn’t wash for me. In the second paragraph he notes that this has made it to “a major auditor’s YouTube,” which seems to be the thing he is most concerned about. The thing that he doesn’t seem to understand is that these auditors wouldn’t have to come in if they stopped voting the way they do. I also feel it should be noted that Dr. Spiehs records and openly talks about his rights getting violated, but there was never any care about this until this “major auditor’s YouTube” highlighted the issue. I think if this didn’t happen, they would have continued on not caring about Dr. Spiehs’ rights. However, maybe I’m wrong, and that would be great if I am, but it’s hard to say as there has been complete silence regarding this up until this viral video, and in fact there has been an open disdain for him by residents as recently as three weeks ago when LJW reported on him filing a second lawsuit regarding his rights being violated.

SCREENSHOT: Facebook comments making fun of Dr. Spiehs in an LJW article from January 17, 2024.

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Ian Brannan

Ian Brannan is an independent journalist who founded The Kansas Constitutional in April 2022. His work focuses on issues including abortion, Convention of States, drug policy, education, government, LGBT issues, media, and more.

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