From this laurious Thursday afternoon in the tri Stay and of course coming up about
an hour or so as Brian phil Mead of Fox News to talk about doings
in New York, but also Fox and Friends in the Morning and his new
book that's out. Later on. Also is Ali Bradley from News Nation with
a live report from the Texas border Eagle Pass and what's happening on the southern
border, and some of her reporting last night indicated that in the first eleven
days of December, there were one hundred thousand illegals identified. It came across
the border one hundred thousand and eleven days, and they were dispersed all over
the country, and that number is continuing. In fact, it's accelerating.
But until then, you might recall a few couple of weeks ago, David
Yost, the Attorney General, came on to talk about a lawsuit that he
joined with other states attorney generals to sue the NCAA, and many people,
including Tony Bender, thought it was a fool's errand that the federal courts are
not going to be involved in basketball matters because there's a player at uc that
was denied ability to play and David Yost was successful. At this point,
we'll see what occurs in the future. David Yost, first of all,
Merry Christmas, Happy New Year, and explain to the American people this Thursday
afternoon what the lawsuit was about. Then we'll talk about its success. Up
to this point. Well, Merry Christmas to you. Bill. The lawsuit
was an anti trust lawsuit is a very old law. It's been in the
law for one hundred and forty years in in this country, one hundred and
thirty years called the Sherman Anti Trust Act, and basically what it says is
you're not allowed to collude, you're not allowed to have an agreement that restrains
trade. There's a lot of nuance to it, but that's the basic idea,
and the NCAA is essentially one big agreement to restrain trade. When it
comes to athletes, so at particularly is you is they're double transfer rule.
So if you go into the trans into the portal once as an athlete,
that's a free be and you can play right away. But if you do
it a second season, uh during your college career, you have to sit
out for a year, which is a huge penalty. If you've got four
years of eligibility. Uh, and at that point in your life. You
know, the pro pro athletes, with a few exceptions, most of the
time, their careers are done by the time they're in their late twenties the
early thirties. So taking a year is a big big deal. Then on
top of that, they allow waivers, but there's no no rhyme or reason
to it. They give some not to others. You see, guy one
one was deny another one on their their basketball team. So we went to
court and said, judge, make them stop. They'm allowed to operate like
this, suspend that rule. And that's what the court did yesterday. It's
put a fourteen day halt to it. And candidly, when you read the
decision, it's hard to believe that the NC double ALL will prevail when we
come back in two weeks to have the trial on the preliminary injunction. So
this this kid, this young man at you see, I think his name's
Reynolds, he can play the next fourteen days. Is that what you're saying?
Yeah, And the court also withheld NC double A, has this massive
club to beat you with it. Actually, dare to challenge their rule and
don't eventually win, called the restitution rule, and it says all those wins
you got with the kid that you know, we think was in eligible,
all your TV revenue, any championship, all that stuff goes on. If
I call it the Astoris school. But obviously that's a heavy price to pay,
and it's not much of a not hard to understand why kids wouldn't be
going to court to challenge this stuff when it's going to cost your team,
your school, and you if you lose. And so the idea is restrained
too. That's important because if down the road, if in three weeks a
court of appeal says, well, that trial judge was wrong. Now we're
going to punish the University of Cincinnati for playing this kid that shouldn't have been
playing, then you got terrible problems. So let's go back a little bit.
Well, when we talk about an eighteen, nineteen, twenty twenty two
year old man, this is an adult, and the NCAA has rules that
restrict trade, which is restrict commerce. And so if Tony Bender is a
six foot ten inch basketball player that can jump out of the gym, and
he's at the University of California and the coaches fired, he can then transfer
University of Utah. Then if Utah doesn't work out because Tony caught COVID and
Tony wants to go to sen in the real world, that's okay. So
if you're working for General Electric and you want to work for Procter and Gamble,
then you want to work for Sentos. Unless you have some agreement you've
signed that says you won't do it, you can go quit and go work
somewhere else. In the real world, the NCAA rules don't work. But
in the rules they made up that the kids, the young men have got
to comply with, they don't have a choice. And so whenever a guy
like you goes to court and says, wait a minute, in the real
world, you can't do this, the NC double A has got to pay
attention. Now. One big question came to mind is did the NC DOUBLEA
get a hold of you as state's attorney general and there's six, six or
seven states involved, and try to work this out ahead of time or they
simply said no, oh see in court, Well, Bill, you know
you've known me for a long time. Does that sound like does that sound
like my style? That I wouldn't talk. No, of course not.
You're going to call him and say, hey, can we work this out?
And I guess they said no, which is why you went. You
went for the t r O and then the preliminary and the nc double A
says no, we're going to continue to do this. And I'll tell you
what makes sense is for them to say, Okay, you know what,
we're going to just let the tro stay in effect. We'll convert it to
a p I and we're going to write some new rules that do comply with
the law. That way, you know, we can move we can move
on and have some stability. We'll see if that happens. Uh. But
you know, there's one other thing I want to mention to you about this
because because you'll appreciate this, uh with your legal training. The former assistant
Attorney general. Uh, the court UH looked at the n C Double a's
justifications for this, UH because they say, hey, look, you know
this is going to be disruptive to the kids anytime to acclimate well worried about
their grades. Uh, the court said. He the judge said he found
those pretextual reasons that they were pretextual. As you will remember from your days
as an assistant Attorney General means that's a legal term from the Latins, that
means bs Reynolds, I guess if you gave advice, I guess in a
sense you see is your client in a sense richel if you were giving direct
legal advice to Wes Miller, who, by the way, just lost his
Xavier again, which they do all the time. I mean, they haven't
beaten them back to back since nineteen ninety six, and you see as a
terrible time beating Xavier, as it should. But nonetheless, what would you
say about playing this Jamil Reynolds character. Would you say, okay, he
can play or would you say, wait a minute, you better wait for
the fourteen days and the appeal time. They haven't filed an appeal yet with
his circuit. What advice would you give Wes Miller? Well, as you
noted, I am the lawyer for them or our office is so any advice
I would give specifically to the versus Cincinnati would be privileged, and I wouldn't
talk about it on the radio. However, I can say as a general
application of the rule across Okay. Now, secondly, page two, I'm
going to spring this on you a little bit about marijuana. I had on
governor of Mike Took at the time, the Governor Mike DeWine yesterday, and
he was very fourthright. Doesn't like marijuana, doesn't use marijuana as never us
Mike. If Mike Dwine ever smoked a doobie, I'd be going crazy.
That's a non sequitor. And so he's everything about him is like, I
hate this. But then he's got to implement it. He's got to say,
Okay, I got to do it. So he works out a deal
with the state Senate which changes cutting around the edges, cutting the plants in
half inside the home, which is right now, the law allows about seven
thousand joints a year to be grown in your home for personal use. This
is a cheech and showing special I can't imagine how much smoking is being done
for seven And so they cut that in half, They move the thhg content
down, They give home rule more power to not to all out in Sycamore
Township or whatever. But he says, at this point, you can possess
marijuana in Ohio, but you can't buy it legally anywhere. So I said,
well, you can go to Michigan. And get a pound or two
of marijuana, four or five people drive across the border. And Mike DeWine
said, well, that's probably legal. And so what advice, if any,
is the state attorney general giving to county prosecutors, city prosecutors, et
cetera, when someone's walking around smoking marijuana maybe tonight, Well, what advice
can you give? Well, possession within the prescribed limits is perfectly legal in
Ohio. Right now, you're not allowed to smoke marijuana in public where you
wouldn't be allowed to smoke the tobacco. But at the end of the day,
is the governor's right. It's a a bit of a mash right now,
And well, we're going to have to see things are going to develop.
This is very complicated and candidly, the statute that was voted on by
the people was not a paragon of great draftsmanship. And so that's the idea
of this proposed initiative to allow the legislature to come together. And I made
the comment to Mike that basically, we have a Republican party in charge of
everything in the state of Ohio, and they advocate, but they don't rule,
they don't govern, And he kind of said yeah, in a sense,
do we have a functional legislature in which the Senate, which passed the
changes and the House that refuses can actually get together? He said, this
thing may go on for about another year. And so assuming you could smoke
a cigarette on the side walk or walking down the street, which of course
you can, it also means you can smoke marijuana in a public place not
otherwise prohibited from cigarette smoking. And then you have all the problems with children
and the access to these products. It's a mess. And so do you
have a sense this Thursday afternoon that the that the State House is going to
move in concert with what the Line and the Senate want. Well, I
think the and understand I don't have a voter or a veto in my current
job, so I don't have a dog in this fight other than I want
to see low taxes because I want I want the illicit market to go away,
right, But beyond that, you know, that's that's for our policy
friends to decide, and the Senate and the House have some real differences on
how they think the state ought to move forward. I don't think it's fair
to completely ascribe this to political infighting or obstructionism. They're genuine different differences of
opinion here, and the way our constitution works, the Senate and the Governor,
if they get together, still have to persuade the House. And so
that's the way the process is supposed to work, and I'm sure that it
will. It's just going to take a little bit longer than everybody wants it
to. And lastly, the key point here is what you brought up,
which is the low taxes and Senator Blessing from Coleraine Township, not exactly a
flaming liberal, has said that we want to collapse, if possible, the
dark market by keeping the price of marijuana at or lower than what you can
buy on the street. And so that's a great point. Because the Senate
increased the state take by about fifty percent. They want from ten percent to
fifteen percent. That's on top of the seven or eight percent, So you're
going to have twenty three to twenty five percent more, but then you also
have a better unadulterated product, without fentanyl, without mold. But nonetheless,
to keep the price at or below the dark market. You say that's important,
Well, it's critically important, not only from a governance standpoint, Like
you talk about the purity of the product and quality control, but also the
tax structure and all of the stuff that goes with an illicit market, with
the threats to the coersion, sometimes violence, the money laundering. Is there's
nothing good for society that comes out of an illicit market, and governments are
the largest creators of the illicit markets by the way they regulate and tax.
Candidly, I thought that ten percent tax was too high. I'd prefer to
see something in the single digits precisely to ease that transition from with the way
things have always been on cannabis to a regulated, responsible market. If that
comes at a price premium, people simply aren't going to pay it. They're
used to buying stuff on the street. So we've got to remove that barrier.
In my humble opinion, again, I don't get a voter of eto.
All right, Attorney General David Yost, Merry Christmas, Happy New Year,
and thanks for coming on the Bill Cunningham Show this Thursday afternoon, and
we'll see what happens down the road. But good job got Reynolds. Of
course, if he played or not against Xavier, would have made no difference
whatsoever, because Xavier just dominated you see, as they always do. But
it's at least they don't have an excuse for a failure in the future.
But David got bitter about it. Not at all, not at all.
I'm I'm glad the judge waited until after the crossdown shootout. To be honest,
I don't know. I don't know how good this Reynolds guy has.
Have you ever met Reynolds? You know who he is. I never met
the guy. I don't know who the guy is. But he ought to
be able to work and he's getting paid. I think fifth do you to
one hundred thousand dollars to play basketball? Which is unbelievable. It used to
be you couldn't take a free happy meal or get a tattoo, and now
the UC Bearcat players are making one to three hundred thousand dollars a year each.
And so to say to this guy Reynolds, you can you can't work
when the one thing you want to do is a twenty one year old is
to work, which is play basketball, is ridiculous. And I'm glad that
you took up the calls. And David Yost, once again, thank you
for coming on the Bill Cunningham show. We'll do it again. Thank you,
mister Attorney General. Thank you. Merry Christmas, Merry Christmas. Let's
continue keep the price low and sell lots of pot. All on news Radio
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