notice an opportunity of the agency's proposal and the of adverse action and the specific information to consider so that he has an opportunity to respond to this case which fall squarely on all from lack of integrity lack of credibility lack of trustworthiness right that is correct as a junior team is not enough itself special separate and special far but it is a consequence of one of the charges and the fact that the presiding official considered as a consequence without ever telling the appellant mr general bad was going to consider that it was important to him that it needed a difference in his decision without giving us an opportunity to one of them is that he has been arrested and the other is he didn't tell the truth about that on the form so as a witness he is doubly imperative seems to me i am a defense lawyer i would love to have the record in this case the play would if i head this witness on the stand wouldn't you well you would use this when you when you use the fact that he is saying you always tell the truth you know known for that because he was driving under the influence it's a question that essentially assumes facts not and have other words if if this was before a trial or or even a deposition i would have objected to that no longer a terrorist right it will have the right but one of the principle of months of the telling is are you really in custody and has the detention lasted for more than twenty minutes forty minutes those are pain for a number of hours he was handcuffed was put in the police car he was taken downtown these are the traditional facts of unrest which any veteran law enforcement officer learns on the first day wasn't sensitive for all you know we have a recent case leather very familiar with a letter which spells out the component requirements of intent is a fraud and says that for in order to prove that element it is sufficient if the employee either knew that the submission included a false statement material fact or was reckless with regard to ascertain the truth of that statement now that seems to me hard of course but not all well but but what the you say not but it is the employee intended to deceive or mislead the agency and that is under leather very can be proved by proof of reckless fired the first time when the buddy put on the form that he had never been arrested and then diego department called on it and said we want this guy because he has been arrested and yet not a long horseman kept him on enforcement agency and as soon as the san diego police brought it to their attention they investigated it right away and realized that this showed an utter lack of integrity and integrity in terms of his argument that he was her as well as his written reply so the deciding to school before the decision was made in this community and the focus on his integrity he said you can't do this job without integrity and the job entails not who's working with informants working with substantial sums of money basically the proposing official and then the deciding official said reach trust you as an employer we can't trust you to be  truthful as a law enforcement officer reciting cases in our brief they are held to a very high standard of honor integrity whether it's because they have to testify in court or swear out warrants in this case it would be state weren't they have to arrested i'm having a hard time believing that it was credible that when he was rejected the first time by the zany of a police department that his supervisors didn't understand why he was rejected he was the federal agency never bothered to find out why their own of worry was rejected that i'm not sure he was rejected the first years prerogative szell child pornography task force and actually he was put on him later asked to move again have to work because he was not the first time and the reason he was rejected is because it said no to the arrest on the form but they they ran a background check and found out he'd been arrested all right now there's nothing in the record that says his supervisors understood why he was rejected but you're expecting us to believe that they never bothered to find out why he was rejected yaml records your honor is that as soon as the supervisors were so he applies for this and diego task force the joint task force on cyber crimes which turns out to the child pornography he at in the course of that immediately notified his over the fault right i'm saying they discovered the first time they discovered that the it was all right without regard to whether they noticed that he had denied they ran  his record and they discovered a deal why and that's the reason i i thought the records show that he was not given a special deputy status in the first in the first test works correctly drop out i'm not sure that's what the went on to try to explain things and submitted a single spaced three page narrative statement that started three so he with respect to intensi his position taken for several years from the very beginning through what he said in the after their proposal what he said is a decided official about his integrity throughout the board receiving that he didn't believe he was arrested is just not the only record that i could find in wall we were dealing with this issue eight to seventy three of the during appendix talks about the information that