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Billy Cunning in the Great American and
welcome is war his first day afternon A

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the tri State they have a little
bit of falling autumn weather and then the

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may is a good thing. Redg
baseball off today, which is also a

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good thing. We're going to kind
of reconor to all issues and play in

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Chicago over the weekend. There's nothing
better than the weekend in Chicago at Wrigular

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Field when the REGs are beating the
Cubs three straight. At least that's the

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plan. But until then, we're
continuing to be in jury watch when it

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comes to Donald John Trump and whether
or not the jury in New York City

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is going to convict him of a
numerous felonies without the defense council knowing which

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felonies what he's on trial for.
Plus, we have a report out of

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Boston, Massachusetts, where the mayor
has issued instructions to the police not to

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arrest individuals. She went out to
prosecute individuals on shoplifting or driving without a

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license all other property offenses. So
it's quite sad. But until then,

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Rob Sanders, Kent County Prosecutor,
welcome again to the Bill Cunning Show and

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Rob first of all, you must
have hundreds or thousands of cases that you

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prosecute every year in Kent County,
and you kind of quarter the resources of

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the Kent County Prosecutor's office to prioritize
those defendants that should be prosecuted and others

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that should not be prosecuted. Could
you imagine if there was a charge in

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Kenton County that's some Kentucky official a
misfiled a report and booked something as a

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legal fees when it might have been
an extortion attempt of a porn star to

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pay her off to keep her quiet. And I would think as a felony

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prosecutor, paperwork mistakes on forums filed
in Frankfort is not a high priority unless

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you're a New York City Democrat,
in which case it is going to maybe

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keep the next president from running for
office because so many would be angry at

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him if he's a convicted felon.
So can you tell the American people as

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a line prosecutor, you spend your
time in the intestines of Kenton County deciding

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when to prosecute a felony and when
not to go to felony? What is

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that judgment? How do you operate
it well. Willie, I think,

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is the chief law enforcement officer for
Kenton County. It's not my job to

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influence the outcome of federal elections,
especially not the presidential election. It's my

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job to keep the people Kent County
safe, to make the safest place in

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Kentucky where you can live, work, or raise a family. It's really

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not my job to try and disqualify
someone from running for a national office.

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Nor is it my job to try
and incarcerate them or even just tie up

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their time so they can't be out
on the campaign trail looking for votes and

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raising money and doing things that presidential
candidates have to do to be successful in

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this country. That's something that's really
beyond comprehension as far as I'm concerned.

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Given the limited time, manpower,
and resources that are allotted to prosecutors,

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not just in Kentucky but everywhere in
this country, it seems to me that

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the citizens of New York City would
be much better served if their district attorney

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was spending his time keeping crime to
a minimum, locking up those dangerous individuals

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that pose a threat to the public
safety, and really spend less time worrying

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about the classification or label or title
that somebody puts on a business filing that

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they did in fact file and you
know, pays the taxes that were in

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fact due and everything else that they're
required to do. But we're squabbling over

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what someone classified on expense as.
And that's what this case more or less

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boils down to. Technically speaking.
However, when you start bringing in all

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the political complications that go on in
the behind the scenes motivations of the individual

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making the charging decision in this case, certainly it's a lot more complicated than

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that, but certainly nothing that I
ever intended to do. You know,

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Joe Biden was in Kent and kind
of gave speech on the shore of the

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Ohio River. I'm sure we could
have looked at his expense reports see if

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maybe he mislabeled his ice cream cone
as something other than a political stunt,

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because we know that every politician goes
to Greaters to try and get their thirty

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seconds of photo ops when they're in
Cincinnati. Maybe he labeled that as something

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other than a political expense, is
a lunch expense or something, and maybe

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we should indict that as a felony. But no, that's not anything we're

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going to do. That's not my
job. That's not the job of any

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district attorney, not in this country. I downloaded the jury instructions that was

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online. It's about sixty pages long, single space, and this morning Judge

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Murshawan read a large section of that
jury instruction. It would take a person

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with juris doctor to agree with great
understanding to go the ins and outs of

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what they were saying, especially when
the jury instruction the defense did not have

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an opportunity to upon witnesses to refute
the jury instruction. The jury instruction also

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said you don't have to be unanimous
if you find the myster mean it was

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misfiling a report labeling something is a
legal expense when it was an NDA that

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you in order to get to a
felony level violate federal election law or tax

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law or New York state election laws, which is corruptly influencing an election.

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And so he also said that the
jurors don't have to be unanimous and determining

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whether it was an FEC violation,
a tax law violation, or New York

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state election law violation. And almost
all of the legal so called experts,

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including CNN's Eliehony, who makes more
sense than most, saying this is a

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novel approach in criminal law when the
jury does not have to find unanimously any

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of those three ladders that make it
to a felony. And they're saying this

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is a new area of law in
which jurors don't have to be unanimous to

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find the defendant guilty and might send
Donald Trump to prison for five years now.

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I don't know if you've read many
of the jury instructions. Another mistake,

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which was critical is that Judge Merschaan
did not give each juror a copy

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of the jury instructions to take with
them into the jury room. He had

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to take laborious pains to read a
large section of the jury instruction instead of

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saying, ladies and gentlemen, here
are the jury instructions. Everybody gets a

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copy. Go deliberate. Wouldn't it
be much better if the defense knew what

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they were defending against, and secondly, much better if the judge would simply

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give them the jury instructions. Willie, I'll tell you what I am baffled

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it the way New York. I
don't know if this is just in this

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one Judge's courtroom or is this how
the whole state does it. I have

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all kinds of questions about New York
courtroom procedure, but this trial has been

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scary enough that I don't want to
accept the foot in the state of New

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York to find the answers to these
questions, because Lord knows, I don't

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want to be stuck facing the same
kind of situation that Donald Trump's in,

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where you have to give your closing
argument and then the judge reads the jury

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instructions. So I tried hundreds of
cases in my career, Willy, and

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in every single one, the judge
reads the jury instructions. Every juror gets

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their own copy of the injury instructions. They get to take them back into

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the jury room with them so they
can see what the elements of the offenses

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are that they are voting on guilty
or not guilty. But the judge gives

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the instructions, and then you give
your closing arguments, so you can argue.

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In fact, that probably the most
important part of a closing argument,

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aside from convincing the jury of your
side of the case, probably the most

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important part of the closing argument is
helping the jurors understand the jury instructions,

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which, even in sometimes what appear
to be the simplest of cases, can

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be very, very complicated when there's
lesser included offenses, there's alternate theories,

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there's affirmative defenses, These things can
go on. I mean some that I've

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done have looked like small novels in
terms of how many pages of jury instructions

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are involved. And if this judge
isn't giving them a copy of these instructions,

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there's no way they're going to remember
all these nuances when they go back

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and all the was that an and? Or was that an? Ore?

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Which ones the less are included of
this? Which things do we have to

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get unanimous? Which ones don't we
have to get unanimous? Which is a

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whole other topic. I can't imagine
how complicated these instructions are, nor can

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I imagine how you cannot be unanimous
about which law you think Donald Trump broke

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in order to find him guilty.
That's something that makes my head spin.

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Also tells me that regardless of what
he might be convicted of, if he

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is convicted, without a doubt,
this case is going to the appellate courts.

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Not only is it going to the
appellate courts on a state level.

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But then if it makes it out
of the appellate courts on the state level

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with the conviction still intact, you'll
see it go to a federal level,

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because there is all kinds of federal
case law on unanimity of jury verdicts when

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it comes to criminal cases. So
I have all kinds of questions about what's

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going on up there, Whether this
judge is just going rogue and making his

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own law, or is this the
entire state of New York that does things

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I've never heard of in twenty five
plus years as an attorney and twenty years

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as prosecutor. No, what's going
on there is not what goes on in

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the courtroom on a daily basis in
most states, certainly not in Kentucky or

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any other state I've ever heard of
before. This is something that is novel

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at best and bizarre at worst that
is probably going to take us years to

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sort out, which really puts just
a tailspin on this election that who knows

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how this is going to play out. If Donald Trump is convicted, He's

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not going to be in prison come
election day. This will be appealed and

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appealed and appealed, and this will
probably you know, he'll probably serve out

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the next term as president before we
ever get a final decision on the numerous

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different legal questions being posed in this
case. Have you ever heard of an

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element of a crime in which the
jurors don't have to unanimously agree. That

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is a key part of American Jerry
Sprunes and Judge Mrshaan told U Shurry that

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if for consider it a violation of
federal election law, and for consider it

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a tax violation, and four other
jurors consider it to be a New York

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state election law violation, and the
others are rejected, that that's okay.

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There's no unanimous verdict required on the
critical element of the case. And even

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CNN's commentators say, man, I've
never heard of that before, But that's

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passing is due process in New York
City with New York City Democrats, which

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is absurd. Now, Secondly,
I have a memo issued by the Boston

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County Prosecutor in Boston, Massachusetts.
Her name is Rollin. She says to

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her assistance in the Boston Police,
the following crimes will not be accepted by

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this office subject to prosecution, including
shoplifting below one thousand dollars, larceny below

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one thousand dollars, any disorderly conduct
charge, receiving stolen property below one thousand

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dollars, driving with a court order, suspended driver's license, breaking and entering

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with property damage once in a malicious
destruction of property if it's under one thousand

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dollars, criminal threats, and possession
of alcohol, marijuana or possession with intent

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to distribute marijuana will not be prosecuted. That's Boston, Massachusetts, which is

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similar to other democratically controlled large cities. I want to get your reaction.

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Can you imagine issuing a memo to
Kent County Police Covington Police that the following

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charges will not be prosecuted by rob
Sanders, suspended driver's licenses, thats orderly

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conduct, shoplifting, larceny, receiving
stolen property, want destruction of property,

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threats, possession of alcohol, marijuana
illegally, possession with intent to distribute None

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of those are going to be prosecuted. Can you imagine? No, No,

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Willie, not at all. Number
one, it's not a prosecutor's job

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to decide what laws they are going
to in effect take off the books or

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erase. Prosecutors ought to be enforcing
the law as it is passed by the

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legislature. Of course, prosecutorial discretion
is a pro bred on a case by

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case basis of which cases are more
important than other cases, which cases are

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more egregious than other cases. That's
why we have penalty ranges. You know,

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not every class D felony is one
year in prison. Some of them

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are good for five years in prison, other ones are more appropriate for one

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year in prison. That's where discretion
comes into play. It should not be

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in taking laws off the books and
telling police not to charge offenses. If

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that prosecutor doesn't want those to be
crimes, he or she should go lobby

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in the legislature and tell the legislature
to take those off the books. That's

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why we have the second branch of
government to control what laws are passed,

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what laws are erased. That's their
job. The first branch of government,

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which is where prosecutors lie. Their
job is to enforce the law as it's

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been duly passed by the legislature.
And if you look at these willis quite

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frankly, I think, not necessarily
racist in its approach, but certainly classiest

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in its approach. Because you talk
about property damage being less than a thound

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dollars, Well, that means if
I go damage your you know, the

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Cunningham mansion out there in Deer Park, I'm sure I could just like break

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the doorbell and it'd be a thousand
dollars worth of damage. But if you

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come to the poor part of town, you could break out every window in

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somebody's house and not cause a thousand
dollars in damage because their house just doesn't

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worth that much money. It's a
lot easier to commit the offenses that they

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will prosecute in the nicer parts of
town, and what it does is discriminate

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against poor people. The same with
a lot of these other offenses, like

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the drug offenses. Even nobody wants
their kids going out and playing in the

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yard if there's a drug dealer on
the corner, and if they're not prosecuting

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drug laws, then that's what the
poor folks are going to get. You

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know, the poor folks don't hang
out or I'm sorry, the drug dealers

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don't hang out in the Indian hills
of the world. The drug dealers are

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down in the poor neighborhoods, and
those are the people that have to suffer

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the consequences of having criminals right outside
their door. So what this da has

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done is make life worse for the
poor folks and her jurisdiction. What she

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needs to do is the laws it's
passed by the legislature and ports it evenly

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and ask cour jurors not to discriminate
against citizens and her jurisdictions is because they're

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poor and have these crimes go on
outside their door, that it's no less

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important to a poor person to have
a safe place to live than it is

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to a rich person live in the
nicest neighborhood she's got. And the other

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issue is Boston police. The head
of the union there are demoralized. They're

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saying, we cannot have the ability
to say if some damage to property or

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something is tolen, is it nine
hundred dollars, is it eleven hundred dollars?

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Who do we arrest? Who don't
we arrest? And unless there's violence

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against police, resisting arrest won't be
prosecuted either. The police have an attitude

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now in Boston in many major American
cities to stand down, not a big

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deal, don't chase anybody, don't
go into an alley at night, stay

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in your police car, respond to
a nine to one one call, don't

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pick up warrants during the beginning of
a shift to go find people because it's

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too dangerous. And so you take
away the ability of police to be police,

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and the judges, and after all
we get the government we deserve,

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Rob Sanders. And right now,
in many major American cities, sadly,

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including Cincinnati, there's massiveless lawlessness taking
place, and cops don't feel as if

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they're incentivized and backed up by the
judges and their political leaders. And in

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Cincinnati or Boston or Columbus, police
are demoralized thinking, Okay, why should

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I be a cop and go through
what I got to do and put my

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life at risk to arrest people when
the system will not allow any prosecution below

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property damage of one thousand dollars And
kids that have marijuana or alcohol that used

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to be okay, citable offense,
don't do that again. Now they're not

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even arresting anybody in juvenile court.
And in Hamilton County we got Judge Kerry

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Bloom and Juvenile Court who thinks a
nine or two in jail of aficious juvenile

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offender is worse on the offender than
it is on the victim. And so

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this movement is across the country of
decriminalizing crime. Then I hear constantly that

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the crime going down. No crime's
going up, but the arrest are going

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down. That's the difficulty. Well, Rob, we got d Willie,

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and Covington does Covington. We have
a minute remaining, but ken, is

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it fair to say that Covington does
not have the same view of crime as

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the city of Cincinnati. Without a
doubt, Willie. We have citizens in

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Covington and beyond, all over Boon, cann and Campbell County that all support

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our police officers. We want the
law to be enforced. We don't want

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the problems that we're seeing in Cincinnati. I saw video on Melissa powers office

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Facebook page the other day of a
juvenile getting jumped by about six or eight

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other juveniles and getting beat down on
the ground, punched and kicked in the

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head while he's on the ground and
everybody in there. I don't even think

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all of them were caught, but
the ones that were all got off with

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probation. There was no jail time
at all for this savage beating on this

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child. We don't look upon it
the same way. In Kentucky, we

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want laws to be enforced. We
want them to be enforced evenly, and

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for all communities, rich or poor, black or white, any other color,

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every race, ethnicity, nationality,
religion, it doesn't matter. Everybody

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wants the law enforced evenly. We
want to support the men and women that

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wear the badge and put their lives
on the line to enforce those laws.

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And it's not going to happen in
a jurisdiction where whether it's the prosecutor or

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the mayor or whoever it is,
is telling the police that these laws should

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not be enforced. The police aren't
going to be proactive. Why should they

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go put their life on the line
take a risk every time they make a

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traffic stop or approach the suspicious person
on the street. Why should they take

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that risk of either getting disciplined or
worse, getting hurt or getting killed by

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a criminal when that offense that they're
going to investigate is something the prosecutor is

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not going to enforce or the mayor
is going to punish them for having enforced

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the laws, and the police are
going to slow down their activity. They're

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not going to take unnecessary risks if
they know there's no benefit to them or

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the community, and the voters get
the community that they are willing to accept,

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and that can be a lawless,
dangerous community. If that's the kind

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of community that the voters are going
to push by their ballot box, by

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which people they put in office,
which judges they put on the bench,

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they're going to suffer the consequences of
electing beneficials. Rob Sanders, every great

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weekend, and may God bless you
and God bless America. Rob Sanders,

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thank you for coming on the Bill
Cunningham Show. Thank you, Rob.

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Thanks for having me, Willie,
and give me a call so we can

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set up that both the dinner I
owe you wall Pitching Post as well as

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the Vanilla Ice concert at the luxury
box you have over there at the Red

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Stadium. I'm looking forward to both. It will happen, Rob, Thank

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you very much. Take care,
Willie. Let's continue with more your comments.

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Five one, three, seven,
four, nine, seven thousand,

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00:18:37.079 --> 00:18:41.680
Bill Cunningham News Radio seven hundred WLW. It's not too late for a deep

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spring cleaning on your home. Get
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cleaning. A call right now mention
me. Bill Cunningham three rooms at carper

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cleaned only one, twenty nine book
online, zero sincy dot com. Marty

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Brendaman here for trash Statemen's Health,
the leader in men's sexual

