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Station on and off the air with
our Attorney General, David Yost of Delaware

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County, I might end in which
she had sent a rather appointed letter to

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the NCAA discussing the issue of those
two UC Bearcat basketball players that were denied

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eligibility for reasons that are species at
best. Joining us now somewhere in the

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wilds of Houston, Texas, possibly
near the southern border, is the great

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David Yost, our attorney General.
And now it's a few days after the

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election. You had threatened to sue
the NC DOUBLEA. What is the status

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of getting these two players reinstated?
If anything, well, as you know,

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their administrative appealed or at least disease
his administrative appeal was denied by the

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NCAA. So I think it's time
to go to court. We are in

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discussions with some other attorneys general around
the country a bipar to some group who

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are alarmed at the anti competitive,
high handed ways of the NC double A.

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It may be more than just Ohio, head of the federal court here

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in the next week or so,
are we talking about maybe several half a

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dozen a dozen other states? Are
you now organizing other ags to get these

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young men. The opportunity to play
is out. Why you're in Texas.

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We're in discussions with other states,
and that's all I'm prepared to say at

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the moment. But I will tell
you that I've already reviewed a draft of

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a complaint in federal court and yell, hey, if the NC double A

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wants to fight instead of talk,
baby, I know how to fight,

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no question. In fact, you're
awfully successful on these on these multi state

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lawsuits. Well, what essentially is
the argument you want to make that these

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two young men who I think this
would be either a second or third transfer.

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What essentially is the argument other than
normally in life these young men they're

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not children. I think they're twenty
two, twenty three years old. If

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somebody in your office wanted to go
and work somewhere else in a big time

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law firm, you probably couldn't stop
them from doing it. And then if

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you're in that law firm for like
a year and they want to go work

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for another law firm or going back
into government, the restraint of trade laws

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indicate that you have freedom to move. And so what essentially what is your

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argument? Well, it's you've just
summed it up you're not allowed to control

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where other people go and what they
do. Now, clearly the NCAA has

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some basis to want to not have
people jumping in the middle of a season.

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Okay, I think everybody would agree
with that, And that's similar to

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a non compete, you know,
the grey Willie Cunningham. I'm guessing.

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I don't know, but I'm guessing
that there is a line somewhere in a

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contract that says you're not allowed to
have work for a different radio station in

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Cincinnati, if there are any left, and so there are there are.

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There are legitimate reasons to have a
limited geography and a limited time frame for

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that kind of a non compete thing, but this goes way beyond that,

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and it's arbitrary. It's a restraint
of trade and violates both state and federal

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law. And instead of doing what
they ought to do, which is sit

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down and say, how do we
how do we reimagine the nc double A

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for a modern environment, they're doubling
down and saying we're not going to change.

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You can't make us. And essentially, in the good old days,

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these basketball players a great note were
not paid at least directly above the table

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to play basketball, and so you
received a free college education in some books,

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and maybe fifteen dollars a month to
have your laundry done. Now,

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in today's world, I don't know
this at all. I'm going to talk

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with Wes Miller at some point,
the head coach. I would imagine these

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young men are making like one hundred
thousand dollars a year to play basketball at

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UC, on which they'll pay taxes. They're like any other workers, having

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not signed to non compete anywhere,
have the right to give their services to

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anyone who is willing to pay the
freight and get her done. And so

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unlike in years past, you could
say, well, there's no money involved,

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but possibly it takes away my opportunity
to play basketball in the NBA or

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in Turkey or in Germany. But
in today's world, the fact they're paid

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six figures a year to play basketball, and they're paid that over like a

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five month period, and by the
way we're starting the season, is really

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there is train of economic trade.
Isn't the argument better for you now that

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these young men are actually paid money
in a sense to work and this is

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keeping them from making a living well
to draw a lawyer's distinction. They're not

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actually paid to play basketball. They're
compensated for the use of their name and

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image and likeness. Of course that
has only has value because they play basketball.

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So it's a distinction only a lawyer
could love to But yeah, I

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think it's a different world out there
now after the Austin decision, which actually

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has the seeds of destruction in it
for the NCAA's current model. You know,

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the case is really strong. I
honestly haven't talked to an anti trust

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expert who thinks that we don't have
a really good case. So we'll see

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where it goes. But you know, I know that they know that they're

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doing wrong because they're down in the
halls of Congress trying to get an anti

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trust exemption in cteral law passed through
concres. Right, Well, you don't

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do that if you think you're on
Tarra firma. You only do that if

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you realize we're way out over our
skis. So the NCUAA is as we

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speak this Tuesday afternoon, is working
in Washington to make it more legal to

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restrain trade. They know they got
a problem. Is the NCAA gotten a

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hold of the Ohio attorney General to
talk about anything or simply issued a press

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release saying we're not gonna talk.
Are negotiations underway. I got a letter

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from them talking about me and the
horse that I wrote in on So yeah,

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no, no, no, there's
Will this be in state court or

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federal court? It remains to be
seen. I'm thinking probably federal court.

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But well you'll see that when we
file, and a lot of you know,

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it's a complicated decision, right,
and so David Yost, the Attorney

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General, this decision has got to
come down soon by you and the other

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ags because the season is ongoing,
and so you can't wait a month or

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two or three. So you anticipate
this happening within the next few days,

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well, certainly within the next couple
of weeks. I want you to understand

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that the players themselves have a private
cause of action. They can go to

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court and seek a tro just about
them. You know, the Attorney General

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is enforcing antitrust law against a major
national organization called the NC double A.

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And while I get the importance of
moving quickly, we also have to be

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right eight in the way we do
it, and we should have to extent

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we can bring allies with us in
the federal Court from other states. That

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makes our positions stronger. So we're
moving as quickly as we can consistent with

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getting this job done because this once
we engage the fight, we've got to

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bring home a victory, no question. No. Lastly, I know you're

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down there in Houston, Texas.
Yesterday Channel nine did a story about stripping

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Ohio courts of the power to protect
abortion eliminated by the passage of status you

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won. Representative Jennifer Gross. I
had on Mike de Wine about three or

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four days ago, and I brought
this up to Mike. I'm sorry,

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the Governor Mike de Wine, and
I said, Governor, there's going to

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be a movement to strip the courts
of subject matter jurisdiction. He said,

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look, courts have always interpreted the
Constitution. I would veto anything of that

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character because we voted on this thing. Is this too fresh to wondering in

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this area with you? Is the
a g or do you stand with Governor

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Mike DeWine Or do you stand with
Representative Jennifer Gross, who wants the strip

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through the legislature. The courts are
reviewing abortion laws. Well, look,

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there's a big, fat, serious
separation of powers problem there. You can't

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violate the constitution of the state by
passing a statute. And you know,

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while the legislative authority is given to
the General Assembly, the judicial authority is

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given to the courts. And you
know, we'll we'll see. I mean,

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there's a peace in Jennifer's bill,
the at least the draft that I

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saw, that basically makes it an
impeachable offense. I don't I don't really

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know how that would work. Just
color me skeptical. Well, I just

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don't see how that could be accomplished. I don't, you know, with

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every fiber in my being, I
agree with her as far as abortion,

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which is killing unborn babies that are
generally healthy, ninety nine percent, every

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fiber in my being says to Jennifer, I agree with the goal, but

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to get there, you've got to
violate American law. And I can only

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imagine what the federal courts will do
under the fourteenth Amendment if Ohio would seek

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to strip the ability of courts to
review constitutional matters. I can only imagine

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how far that would fly, which
not very far. But I kind of

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like where she's headed as far as
substantively, but procedurally, it would violate

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state law, federal law, international
law, every law. But we'll see

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what happens. All right. Well, once again, David Yost, thanks

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for coming on the Bill Cunningham Show. And we wish you nothing but success

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in this case against NCAA. And
as you said, the two players have

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private causes of action that they can
act on quickly without all the state's ag

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is getting involved. Is that correct? That's absolutely correct, and from what

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I'm hearing that may not be far
off. All right, David Yost,

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Attorney General, thank you for coming
on the Bill Cunningham Show this wonderful Tuesday

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afternoon. David Yost, Thank you
very much, good to talk to you.

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Thank you, God bless America.
Let's continue with more Blind becomes available

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five one three, seven, four
nine, seven thousand or pounds seven hundred

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new at and T. And I
agree with everything Jennifer Gross is trying to

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do. I get that it was
a mistake, it was an error.

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But nonetheless, Jennifer, to take
away the ability of courts to rule on

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the constitutionality of a statute is something
that's almost anti American. You've got to

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have some arbitrator with a whistle and
and a zebra shirt calling fouls. You

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know umpires, balls and strikes,
And so what she wants to do is

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take out of the playing field the
umpire, and I guess let the batter

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call his own strikes and balls.
You have three branches of government. You

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got the lawmakers, you got the
law enforcers. Who's the governor? And

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you have the constitutional law deciders as
far as whether a statute violates the High

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Constitution, whether I like it or
not, and I hate it with every

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part of a fiber of my being
that Ohio now is going to have a

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law soon which is abortion on demand
from conception all the way through birth for

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any reason as determined by a planned
parenthood doctor who's performing the abortion. Yes,

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your health would be affected, your
financial health, your emotional health.

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But we have a system in place. I agree with her substantially about abortion

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on But to say to the court
system in Ohio you can't act on the

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constitutionality of a statute is wrong.
So let's see what happens coming up later.

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We've scheduled Wes Miller. We'll see
what occurs. Bill Cunningham, News

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Radio seven hundred Wolf. Maybe you
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