WEBVTT 1 00:00:06.639 --> 00:00:09.359 Bill Cunningham, the Great America, and walk in this quarre as for any 2 00:00:09.400 --> 00:00:13.080 two after in the tri Reds Baseball. Listening last night to Tommy and the 3 00:00:13.160 --> 00:00:18.000 Creeker, couldn't believe it. You can't have a closer who can't throw strikes. 4 00:00:18.640 --> 00:00:22.320 And right now Diaz cannot throw strikes. As the ras above six, 5 00:00:22.879 --> 00:00:27.839 He's giving up at least two either walks or hits every inning he pitches, 6 00:00:27.879 --> 00:00:30.640 and he can't find the strike zone. Put me in there right now. 7 00:00:30.760 --> 00:00:34.159 I'll find the freakin strike zone and at least make them put the ball in 8 00:00:34.240 --> 00:00:37.560 play. Don't tell me the Snakes are that good. But the Reds get 9 00:00:37.640 --> 00:00:42.000 back out of tonight about eight forty airtime or so, and so much more. 10 00:00:42.079 --> 00:00:45.799 But until then, you may recall that there's Hamas chapters all over the 11 00:00:45.880 --> 00:00:49.280 United States of America. I thought didn't think this was possible, but I 12 00:00:49.280 --> 00:00:54.159 guess anti Semitism is rearing it's likely head on college campuses in Xavier, my 13 00:00:54.320 --> 00:00:58.520 alma mater, is not immune. There were two one student and one recent 14 00:00:58.600 --> 00:01:03.880 graduate named Sophia and Julia Lankish, both twenty two years old, that wanted 15 00:01:03.920 --> 00:01:08.239 to protest or wanted to talk about the glories of Hamas and they were told 16 00:01:08.359 --> 00:01:11.200 time manner in place, you can protest, so to speak over there, 17 00:01:11.519 --> 00:01:15.959 you can't do it here. They refuse to comply, they were arrested, 18 00:01:15.319 --> 00:01:21.159 and because of a missive from the Attorney General David Yost that can make misdemeanors 19 00:01:21.239 --> 00:01:25.959 felonies if a mask is being worn. It's a ku Klux Klan Eiric case, 20 00:01:26.760 --> 00:01:29.519 similar to what the Democrats did one hundred and fifty years ago. They 21 00:01:29.599 --> 00:01:34.280 formed the ku Klux Klan and that was being used by local prosecutors. But 22 00:01:34.439 --> 00:01:41.040 it appears the grand jury yesterday ignored the felonies and kept the misdemeanors in place. 23 00:01:41.760 --> 00:01:46.640 Plus, you have Biden on the ballot. The lawmakers have not passed 24 00:01:46.640 --> 00:01:49.079 a provision that allows Joe Biden to be on the ballot. Of course he 25 00:01:49.159 --> 00:01:53.680 probably can't spell ballot. That's a different issue, but nonetheless also studentone forgiveness 26 00:01:53.719 --> 00:01:57.280 and more. David Yost ag welcome again to the Bill Cunningham Show. And 27 00:01:57.359 --> 00:02:00.640 can you explain to the American people, well, what is this ku klux 28 00:02:00.719 --> 00:02:07.519 plan air a law that allows local prosecutors to increase misdemeanors to felonies if a 29 00:02:07.599 --> 00:02:12.439 mask is worn. So a misdemeanor is going to be one person to one 30 00:02:12.520 --> 00:02:16.039 act like trespassing. I trespass and go on your property without permission. You 31 00:02:16.159 --> 00:02:22.120 tell me to leave. I don't go. I'm trespassing. What this law 32 00:02:22.199 --> 00:02:29.479 does. It says if you do it with two or more people together and 33 00:02:30.080 --> 00:02:35.000 you're wearing masks, now we're going to treat it as a more serious defense 34 00:02:35.080 --> 00:02:39.759 and enhanced offense, and it becomes a fourth degree felony. Well, now 35 00:02:40.280 --> 00:02:46.560 explain the old Temple one sentence law and it was passed I think one hundred 36 00:02:46.560 --> 00:02:50.159 and fifty years ago. Does it make any difference? This is the question. 37 00:02:50.560 --> 00:02:53.319 It was passed more or less to keep the ku Klux Klan from running 38 00:02:53.319 --> 00:02:59.800 around in their silly outfits terrorizing black folks and others. Some have said, 39 00:02:59.840 --> 00:03:01.439 well, that's an old law, it doesn't apply in this case. What 40 00:03:01.680 --> 00:03:07.199 does the Attorney general say? Well, that's silly the first amendments and old 41 00:03:07.280 --> 00:03:10.520 law too. The fact that it's old, you know, it reminds me 42 00:03:10.599 --> 00:03:15.560 a little bit of when we started using When I was prosecutor in Jelaare County, 43 00:03:16.199 --> 00:03:21.800 an old school former prosecutor was on the bench's judge and kind of crotchy. 44 00:03:21.879 --> 00:03:27.039 The old guy and I started using this is in the early two thousands. 45 00:03:27.120 --> 00:03:35.120 I started using the racketeering law against drug dealers because they were wrecking havoc 46 00:03:35.240 --> 00:03:38.879 in our community. And he said, that's not what this law is meant 47 00:03:38.960 --> 00:03:44.240 for. And we had a big argument about it. But the fact of 48 00:03:44.280 --> 00:03:47.240 the matter is law is what it says it is, and it prescribes not 49 00:03:47.479 --> 00:03:53.719 a group of people or actions by a particular person, but it tells all 50 00:03:53.800 --> 00:03:57.840 of us, here's the standard of conduct. If you do this. It 51 00:03:57.960 --> 00:04:03.719 kind of doesn't matter that you, you know, hate juice people instead of 52 00:04:03.840 --> 00:04:06.960 hate black people. That's not the point of the law. The point of 53 00:04:08.000 --> 00:04:13.400 the law is to prescribe conduct in neutral terms that apply to everybody. Every 54 00:04:13.520 --> 00:04:16.680 time, every whin Well, I'm watching MSNBC, and I do that so 55 00:04:16.800 --> 00:04:23.639 you don't have to they talk about you. These are different times that because 56 00:04:23.680 --> 00:04:28.800 of COVID, there's a fear among the nosering crowd who drive use Volvos that 57 00:04:29.360 --> 00:04:31.959 somehow I got to wear a mask because I'm going to catch something terrible. 58 00:04:32.360 --> 00:04:36.360 And one of the commentators on MSNBC kind of one after you, David Yost, 59 00:04:36.800 --> 00:04:40.879 which you should wear as a badge of honor that says, basically, 60 00:04:41.199 --> 00:04:46.360 you're you're kind of going back in time on a law when so many Americans 61 00:04:46.439 --> 00:04:54.560 are fearing identification by school officials or they're fearing COVID back and forth in their 62 00:04:54.680 --> 00:04:59.319 tents somewhere. How would you respond to the issue of MSNBC legal antis had 63 00:04:59.360 --> 00:05:02.439 said, Thedavid Yos is reaching. This really isn't a felony. It kunds 64 00:05:02.519 --> 00:05:08.639 like something happening to the Trumpster today in Manhattan Court. But nonetheless, how 65 00:05:08.680 --> 00:05:12.759 do you respond to those who say on MSNBC that this law wasn't intended for 66 00:05:12.839 --> 00:05:19.480 this situation and that you're reaching. Aside from laughing hysterically, well, let's 67 00:05:19.519 --> 00:05:26.720 start with COVID. The pandemic is over. There's still COVID variations out there, 68 00:05:28.319 --> 00:05:33.279 but people aren't wearing masks. Now. Are there a few fragile souls 69 00:05:33.360 --> 00:05:38.000 out there who worry a lot that still wear masks? Yeah, I'm sure 70 00:05:38.040 --> 00:05:43.560 there are, but they're not the protesters on campus. The protesters on campus 71 00:05:43.680 --> 00:05:48.480 have said we're afraid of reprisals. Well, what does that mean? Reprisals 72 00:05:48.560 --> 00:05:56.000 by the university presidents? They can't bring themselves to reclaim their own buildings and 73 00:05:56.079 --> 00:06:01.759 their own laws. They're all woke. Who's they're going to reprise against you? 74 00:06:01.959 --> 00:06:06.800 You're gonna take action against the dog doesn't hunt. So who are they 75 00:06:06.959 --> 00:06:13.360 really afraid of reprisals against. They're afraid of being held criminally accountable for committing 76 00:06:13.439 --> 00:06:20.800 criminal acts like threatening Jewish kids, like pinning them into a conference room so 77 00:06:20.959 --> 00:06:27.959 they can't get out because there's a chanting crowd outside yelling death to Jews. 78 00:06:28.759 --> 00:06:33.560 They're worried about being held accountable because kids are trying to get into the library 79 00:06:34.000 --> 00:06:39.600 and they're occupying the library. That's what they're afraid of. And that's exactly 80 00:06:39.800 --> 00:06:43.560 what the kluks Klan was afraid of. They didn't want to be held accountable 81 00:06:43.639 --> 00:06:47.160 for breaking the law. Remember this is not a no protesting with mask law. 82 00:06:47.800 --> 00:06:55.439 This is a don't commit crimes with other people while wearing masks, and 83 00:06:55.560 --> 00:07:00.000 so the mist demanders would be criminal trespassed, which is manner in place. 84 00:07:00.120 --> 00:07:04.360 So if Tony Bender wants to protest and get in favor of a moss terrorism, 85 00:07:04.680 --> 00:07:09.000 he's got the right to do that, But schools and other facilities have 86 00:07:09.120 --> 00:07:12.120 the right to say the time, place and manner will be right over there. 87 00:07:12.560 --> 00:07:15.759 You can go into your heart's content screamed your lungs out. That's okay. 88 00:07:15.199 --> 00:07:19.000 But these two students, one graduate and one present said, I'm going 89 00:07:19.079 --> 00:07:24.319 to ignore the law. I'm not gonna protest where you tell me to protest. 90 00:07:24.399 --> 00:07:28.600 I'm going to protest right here to disrupt the Xavier commencement. That's the 91 00:07:28.720 --> 00:07:32.600 problem, correct time, place and manner that That is the problem. But 92 00:07:32.920 --> 00:07:35.920 there's one other thing about it. And I don't know. I haven't seen 93 00:07:35.959 --> 00:07:41.519 the file on the Xavier case that you're raising. I've only seen the news 94 00:07:41.680 --> 00:07:46.720 media. But according to the news media, it was two people arrested because 95 00:07:46.759 --> 00:07:49.360 there were two people who refused to move. Now, let's go back to 96 00:07:49.519 --> 00:07:53.920 law one O one. What is that one sentence? Law? Say no 97 00:07:54.120 --> 00:08:00.759 person with two or more people to commit a crime while wearing a mask. 98 00:08:01.560 --> 00:08:05.560 Two or more people plus the perpetrator is three, two doesn't count. Do 99 00:08:05.639 --> 00:08:09.319 you think that that's gonna get You're a law you're a lawyer, Willie, 100 00:08:09.399 --> 00:08:11.439 and then you don't like to talk about it. But built with that, 101 00:08:11.920 --> 00:08:16.399 is that going to pass even a grand jury? Well, I would think 102 00:08:16.879 --> 00:08:20.759 the law itself is pretty simple, and it was passed for specific reasons. 103 00:08:20.879 --> 00:08:26.680 And factually, these girls, these young women with their multi colored hair and 104 00:08:26.720 --> 00:08:31.279 their nose rings, wanted to ignore what the statute said, ignore, having 105 00:08:31.360 --> 00:08:37.039 been warned repeatedly by Xavier personnel, law enforcement, Xavier said, and Xavier 106 00:08:37.639 --> 00:08:43.240 police aren't exactly like Minneapolis before the George Floyd riots. No, no, 107 00:08:43.480 --> 00:08:46.840 Xavier police. They're saying, how can we help you, and they're saying, 108 00:08:46.879 --> 00:08:48.799 look, you got to go over there. And they asked them several 109 00:08:48.919 --> 00:08:52.799 times, and they refused, then clammed up, and they wanted to be 110 00:08:52.960 --> 00:08:56.480 arrested. They wanted to make this a big deal. And that's what's happening, 111 00:08:56.519 --> 00:09:03.799 makes ath which makes it a trashpad that privilege only even even in our 112 00:09:03.919 --> 00:09:07.799 liberal bastiondents with higher learning, two still is not the same as three. 113 00:09:09.039 --> 00:09:13.759 No, and so this is not an enhanceable selony unless there were other people 114 00:09:13.840 --> 00:09:16.519 there, which there's no evidence that I'm aware that there was. I'm going 115 00:09:16.559 --> 00:09:20.960 to have Missy Powers didn't get indicted, No, they didn't. They didn't 116 00:09:20.960 --> 00:09:24.600 get indicted. No, no, And so we'll see what happens on the 117 00:09:24.639 --> 00:09:28.840 misdemeanor. We know in the city of Cincinnati, very little happens on misdemeanor. 118 00:09:28.440 --> 00:09:31.559 That's a different issue. Uh So this thing's pending. You're not going 119 00:09:31.639 --> 00:09:37.200 to change your opinion despite the vicious attacks on you by MSNBC and in Morning 120 00:09:37.320 --> 00:09:41.360 Joe, You're going to maintain maybe follow the laws. You're not going to 121 00:09:41.399 --> 00:09:43.519 buckle. Is that what I'm saying. That's my story and I'm sticking to 122 00:09:43.639 --> 00:09:46.799 it. Let's talk about Joe Biden on the ballot. The medium once to 123 00:09:46.879 --> 00:09:50.159 make a big deal of this. I've had Mike the wine on. Mike 124 00:09:50.240 --> 00:09:52.480 said, look, he's going to be on the ballot. You're the attorney 125 00:09:52.600 --> 00:09:58.399 general. They try to pass the amendment through the legislature. Our legislature right 126 00:09:58.480 --> 00:10:01.960 now is completely dysfunctional. If there's no Democrats around, the Republicans fight with 127 00:10:03.080 --> 00:10:07.120 Republicans, and so at this point, very little is happening in Columbus. 128 00:10:07.360 --> 00:10:13.279 What is the status as we sit here on May fourteenth about Biden on the 129 00:10:13.320 --> 00:10:18.559 ballot. Well, the law still says that you've got to be on a 130 00:10:18.639 --> 00:10:22.679 ballot ninety days in front of the election. That's so the Secretary of State 131 00:10:22.799 --> 00:10:26.679 can allow our troops overseas to actually vote, and you need some time to 132 00:10:26.759 --> 00:10:31.519 make that happen. So there's a good reason for the law. A few 133 00:10:31.639 --> 00:10:37.159 days probably is not going to matter. Candidly, they've waived that in the 134 00:10:37.279 --> 00:10:41.080 past. I don't know why they can't wave it this year. But what 135 00:10:41.159 --> 00:10:46.480 I can tell you is Frankel Rose isn't allowed to do it after the disastrous 136 00:10:46.559 --> 00:10:50.840 twenty twenty primary. Let's just say, to pass the law made it ajailable 137 00:10:50.919 --> 00:11:01.039 offense for an executive officer to change a statute regarding elections. So Franklin doesn't 138 00:11:01.080 --> 00:11:03.360 have a power and doesn't want to risk jail. And I don't blame him 139 00:11:03.399 --> 00:11:09.360 for not just changing it to change it. But look, we were all 140 00:11:09.559 --> 00:11:15.200 rightly outraged when the Secretary of State and Maine said Donald Trump doesn't get to 141 00:11:15.240 --> 00:11:18.480 be on the ballot, and the Colorado Supreme Court said Donald Trump doesn't get 142 00:11:18.519 --> 00:11:22.840 to be on the ballot, and the Supreme Court said, this is national 143 00:11:22.919 --> 00:11:30.519 office. The presidency and the vice presidency are the only politicians that are elected 144 00:11:30.600 --> 00:11:35.600 by the whole country. Everybody else's state or district or municipality local thing, 145 00:11:35.200 --> 00:11:41.519 and one state doesn't get to veto the favorite son of another state. Is 146 00:11:41.759 --> 00:11:48.240 just this is going to get resolved. I'm embarrassed that this is happening in 147 00:11:48.320 --> 00:11:52.360 Ohio. But of course Joe Biden should be on the ballot. He will 148 00:11:52.440 --> 00:11:54.360 be on the ballot, and I'm looking forward to sending him into a retirement. 149 00:11:54.720 --> 00:11:58.240 So if l Rose can't do it, because if he would do it 150 00:12:00.039 --> 00:12:01.279 could be a crime. I don't think Frank Lero is going to commit a 151 00:12:01.360 --> 00:12:07.399 crime. He's an army guy. Secondly, the lawmakers in Columbus can't get 152 00:12:07.440 --> 00:12:11.679 their act together on almost anything, and they didn't pass it, and so, 153 00:12:13.559 --> 00:12:16.679 and it has to be done by August sixth. I assume ninety days 154 00:12:16.679 --> 00:12:20.600 off of November fifth is about August the sixth, and the Democratic conventions not 155 00:12:20.759 --> 00:12:26.600 till the middle of August, about ten days later. So what's a possible 156 00:12:26.720 --> 00:12:30.360 resolution Because I would think in about a month the ballots are going to be 157 00:12:30.639 --> 00:12:33.720 printed. So who can say do it? And then there'll be a lawsuit 158 00:12:33.799 --> 00:12:37.799 filed saying don't do it. And if you don't do it, then there'll 159 00:12:37.799 --> 00:12:41.840 be a lawsuit fil saying do it. Either do it and you don't, 160 00:12:41.120 --> 00:12:45.000 or you don't and you do. But if you do or your don't or 161 00:12:45.039 --> 00:12:46.240 don't and you do, you get the same result. You know what I'm 162 00:12:46.240 --> 00:12:52.679 saying, Well, I know you're a lot younger than I am. But 163 00:12:54.080 --> 00:12:58.200 once you reach back into history books that you studied in high school, ask 164 00:12:58.279 --> 00:13:03.200 you if you remember the name John Anderson. Absolutely he was. It was 165 00:13:03.240 --> 00:13:05.440 a blundheaded guy, I think from Illinois or something, a congressman who wanted 166 00:13:05.480 --> 00:13:11.240 to be the president in nineteen eighty and he came to the Great Buckeye State 167 00:13:11.879 --> 00:13:18.720 and filed petitions for the presidency in May of nineteen eighty. Except that these 168 00:13:20.600 --> 00:13:24.919 Secretary of State at that point, a fellowed by the name of Celebrazy, 169 00:13:24.559 --> 00:13:30.080 said, hey, ninety days before the election, or it wasn't ninety days 170 00:13:30.120 --> 00:13:33.200 back then, but the deadline was back in March. You missed the deadline, 171 00:13:33.519 --> 00:13:39.000 you can't be on the ballot. Went all the way to the Supreme 172 00:13:39.039 --> 00:13:43.600 Court of the United States, and the Supreme Court said, of course he 173 00:13:43.679 --> 00:13:46.360 gets to be on the ballot. Put him on the ballot, and he 174 00:13:46.639 --> 00:13:52.440 was and he lost. But you know that's not what we lawyers say on 175 00:13:52.720 --> 00:13:58.519 all fours. He was an independent candidate. A few differences in law. 176 00:14:00.080 --> 00:14:07.399 Principle there is so strong and I just can't imagine that if this does end 177 00:14:07.480 --> 00:14:11.879 up in court, that a court is not going to rule, just as 178 00:14:11.919 --> 00:14:16.559 the Supreme Court did on the main in Colorado cases, to say that an 179 00:14:16.600 --> 00:14:18.960 incumbent present yes, gets to be on the ballot. All right, I 180 00:14:20.080 --> 00:14:24.600 have a conspiracy theory ready for this one. Oh boy, I'm making bets 181 00:14:24.639 --> 00:14:30.200 all over the place, hot fud Sunday bets, mister Attorney General that Joe 182 00:14:30.279 --> 00:14:33.960 Biden will not be the nominated of the Democrat Party. It would simply be 183 00:14:33.159 --> 00:14:39.919 the Executive Committee of the DNC could get together next week and pass a resolution 184 00:14:39.120 --> 00:14:43.919 declaring that Joe Biden is the nominee of the Democrat Party and that would solve 185 00:14:43.960 --> 00:14:48.159 the issue. Send it to Secretary State. He'll probably ship it to you 186 00:14:48.279 --> 00:14:50.840 and say what do you think about this? And then you'll say, yes, 187 00:14:50.000 --> 00:14:54.399 get them on the ballot. Unless there's a in the back of one's 188 00:14:54.480 --> 00:14:58.120 mind, is the idea that Joe Biden is not going to be the nominee 189 00:14:58.159 --> 00:15:01.399 the Democrat Party. We can't put him up there because of his mental decline. 190 00:15:01.840 --> 00:15:07.159 And so let's wait until sometime in June to decide whether the substitute Michelle 191 00:15:07.200 --> 00:15:13.960 Obama for Joe Biden. Am I on the right track. My crystal ball 192 00:15:15.159 --> 00:15:18.759 has a big old crack right down the middle of it. So I'm not 193 00:15:18.879 --> 00:15:26.320 on the right track. Nope, I just can't tell. What did the 194 00:15:26.399 --> 00:15:30.840 magic eight ball used to say? I answer, Cloudy, ask again later. 195 00:15:31.080 --> 00:15:33.159 Yeah, it's like what when Penny was inaugurated the first time as the 196 00:15:33.279 --> 00:15:37.960 Court of Appeals to Judge Andy Douglas, the great Supreme Court justice came down 197 00:15:39.000 --> 00:15:41.519 and gave her the eight ball. They had like eight sayings you turn around 198 00:15:41.559 --> 00:15:46.200 and and say, now it's not the right time for that, or overruled 199 00:15:46.320 --> 00:15:50.000 sustained. Just roll the eight ball and it tells you the ruling. All 200 00:15:50.080 --> 00:15:52.080 right, let's see what happens to David Yo, you're telling me, as 201 00:15:52.159 --> 00:15:56.600 the age of Ohio that Joe Biden will be on the ballot no matter what, 202 00:16:00.000 --> 00:16:07.399 assuming that he is surviving and thriving. All of us is subject to 203 00:16:07.519 --> 00:16:14.799 the vagaries of our own mortality. Well, I think I won't say another 204 00:16:14.879 --> 00:16:18.320 word about Joe Biden's mental abilities. I'll get in trouble. But nonetheless, 205 00:16:18.399 --> 00:16:21.639 David Yost, thank you, and we'll see what happens. Biden will be 206 00:16:21.720 --> 00:16:25.600 on the ballot. And for those who want to protest two or more in 207 00:16:25.720 --> 00:16:29.600 a conspiracy and commit a misdemeanor, with a mask on. Suddenly you might 208 00:16:29.639 --> 00:16:32.759 be going to prison for a long time. David Yost, once again, 209 00:16:32.840 --> 00:16:36.039 thank you for coming on the Bill Cunningham Show. May God bless you and 210 00:16:36.080 --> 00:16:38.639 God bless America. David, thank you very much. Good to talk to 211 00:16:38.679 --> 00:16:41.600 you. Let's continue with more. Biden will be on the ballot, but 212 00:16:41.679 --> 00:16:44.600 I don't think they don't want. They don't want to put him on the 213 00:16:44.679 --> 00:16:47.960 ballot because they want to be able to say the guy's a complete idiot and 214 00:16:48.080 --> 00:16:51.200 a fool, makes no sense at all. He tumbles down the steps like 215 00:16:51.279 --> 00:16:55.120 a beer barrel, and we can't put them. We can't continue with this 216 00:16:55.279 --> 00:16:57.159 charade. And that's what I think is going to happen. That's why the 217 00:16:57.240 --> 00:17:02.080 Democrats don't want to announce ahead of time I'm through the DNC Executive Committee that 218 00:17:02.200 --> 00:17:06.799 he's the nominee, because then you got more problems. Let's continue. Bie 219 00:17:06.839 --> 00:17:12.799 Cunningham, News Radio seven hundred WLW Grand slam, Jonathan India do apeel, 220 00:17:12.839 --> 00:17:18.759 I think you got it again, boh mack Filer Stephenson with a grand slam, 221 00:17:18.880 --> 00:17:26.400 marking a messy and this place is on glued. The rigs tool the 222 00:17:26.519 --> 00:17:32.680 d BAS Tonight HT eight forty on seven hundred L LW and seven hundred W 223 00:17:32.960 --> 00:17:41.079 l ju Ju's live stream of for the iHeartRadio app one eight seven colors you