WEBVTT

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That's okay. Not okay though,
when they have so little offense, they're

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back out at tomorrow night. Angels
in town and the felly see what happens.

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But until then, James Bogan,
of course, is an eminent criminal

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defense attorney. There's a terrible case
in Clark County in which a eighty one

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year old man has been charged with
murder for allegedly shooting an Uber driver who

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thought she was picking up a package
from the man's house. Both appeared to

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have been victims of a scam telephone
call. The Clark County Sheriff's Office set

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in a news release the Uber driver, Loalitha Hall, was found shot multiple

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times in the driveway of William Brock. He Brock called nine to one one

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and said he had an injury to
his head and ear and was bleeding when

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police arrived and the Hall, a
black woman, was taken to a hospital,

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where she died of her wounds.
It appears an unknown man told Brock,

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the eighty one year old, over
the phone, he needed to pay

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twelve thousand dollars to get his nephew
out of jail. Brock told police the

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call her threatened to kill him and
his nephew pay the ransom, and the

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same caller later called the Uber driver
to pick up the package from Brock.

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So when the Uber driver showed up, Brock thought she was part of the

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scam and that he was going to
be killed by her and maybe his nephew.

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All hell's breaking loose, and a
matter of additional information on this before

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we go to James Bogan, whose
time is expensive. I had a friend,

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a pretty good friend, who husband
recently died, and I told my

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buddy that I'll look out for his
wife. And she calls me one evening

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and says I may have done something
wrong. And I said, well,

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I'll call her Teresa. I said, Teresa, what is it? She

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said, A man's coming over to
pick up twenty thousand dollars in cash for

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me. I'm going, what what
do you mean twenty thousand? Well,

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this is what happened. I have
a PayPal account and yesterday there was twenty

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thousand dollars put into my PayPal account
by mistake. And I'm told by this

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PayPal enforcement officer that I don't pay
the money back, I'm going to be

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arrest I said, what. So
I called a sheriff's department met me over

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there at her place. We waited
for the Uber driver to arrive. The

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driver did not arrive, blocked at
the gatesment, coming in the gated community.

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And she's still frightened. A few
weeks later the Uber driver might show

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up somewhere and demand twenty thousand dollars. This is happening, James Bogan,

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Welcome again to the Bill Cunningham Show. And James described the legal issues present

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with the Uber driver and the eighty
one year old man now stars with murder

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and does he have a viable defense
if any. He charged with murder,

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felonious assault and kidnapping. And here's
what happened when the Uber driver showed up,

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she knocked on the door. At
that point, this man, William

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Brock, he should have stayed inside
and called nine to one one. Instead

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he went out with a gun to
confront her. This is on video which

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is online. I've watched the video
and he came out with the gun,

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was pointing it right at her.
She had her hands up, you could

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see your hands. All she's holding
is her cell phone, nothing else.

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He's sitting there pointing the gun at
her. Forces following her back as she's

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backing away, and she only had
the phone in her hand, clearly not

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armed. He had plenty of time
to assess this, and then he took

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her phone from her, refused to
let her leave, and that's where he

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had the kidnapping and it. Then
he shot her multiple times at point plank

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range and the Ohio rule of self
defenses, the state has to prove deadly

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force was necessary to prevent serious bodily
harm or death, either to himself or

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another person, or to defend his
Basically, he could do it to defend

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his residence too. The first place
where he screwed up was going outside to

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confront her instead of calling nine to
one one. And then, when he

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had plenty of time to assess the
situation, while he's painting the gun at

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her, she's very clearly unarmed,
he decides to shoot her. In fact,

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she was empty handed when he shot
her because he had taken her phone.

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Is there a defense of temporary insanity
justification eighty one years old? Is

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he's suffering from medical conditions? He's
old, he's a frail. Does that

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play into it at all? If
you're eighty one and kind of out of

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it like Joe Biden? It might
play in the mitigation a bit. Legally,

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there's no such thing as temporary insanity
really, because you clearly have to

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not know right from wrong, and
here having getting stressed being scared, that

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doesn't count. Otherwise nobody would be
convicted a murder. All you'd have to

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do is say, hey, I
was temporarily scared, distressed, whatever you

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want to call it. So I
was temporary insane. What advice can you

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give? Because we have someone here
who works at the station who had a

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relative somehow, AI was involved in
emulate at the conversation of a granddaughter to

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a grandparent, using the exact same
voice of the granddaughter AI did. It's

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saying I'm in jail and I got
to get out, and this is how

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to go and get some sort of
visa card in order to get me out

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of jail. It was like two
thousand dollars. How does someone protect themselves?

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Is it a password? What do
you do well? I mean,

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Melissa Powers are a good prosecutor.
She's been doing a good job of educating

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the public, geared at educating the
elderly about scams and things she does along

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those lines I think could help.
But what you have is you just got

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to Unfortunately, it's about just education. You just have to know, Hey,

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when you get this call a D
and C, this is what you

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do. And say you get a
call from somebody, Hey, this is

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your nephew. I'm being held in
whatever county. I think a good rule

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of thumb would be to actually call
that county jail or whatever law enforcement office

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do you applic to verify that that
person is actually there. And the other

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thing the PayPal account twenty thousand dollars
put in by mistake, and enforcement officers

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are coming by. You're going to
be arrested unless you pay back the cash.

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This woman actually went to the bank, went to two different banks and

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collected twenty thousand dollars in cash and
one hundred dollars bills ready to give them,

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and then the account was going to
be cleared. I'm thinking, well

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what Yeah. Another red flag is
when they mentioned stuff like PayPal or paypals

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involved, or they say get a
credit card, get gift cards. That

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was don't pay bond in gift cards. It's amazing how people get themselves in

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these circumstances. Is this a growing
part of American society today, especially with

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older folks. Yeah, and you
just have scam callers period. I mean

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I had some foreign guys calling me
ones yelling at me that they were the

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United States government agency. They called
you. What happened? Oh? I

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started cussing them out every which way
you could and they hung up. Well,

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let's move on to Part B,
which is today. This morning,

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Judge Marshan had a juror that was
seated. They seated seven jurors and one

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of the jurors was a thirty seven
year old female oncologist nurse who lived with

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a fiancee and worked at a large
New York hospital. She came to court

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this morning and told Judge Marshawan,
I don't think I can serve. He

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went to in camera, which is
off, which is in the chambers with

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all the lawyers, and she said
that because my friends and family discovered that

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I'm thirty seven years old, of
course, that I lived with my fiance,

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that I'm an oncologist nurse and work
in a large hospital, they identified

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me as a juror in this case
and they started calling me and my friend

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saying, you know, you got
to find him guilty. You know you

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got to do that, And so
she felt intimidated and she told the judge

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she can't serve anymore. And there's
another juror who seemingly lied in order to

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get on the jury. One of
them said that she has no political feelings

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pro or con against Donald Trump.
Then she had media postings and when she

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and her friends were dancing on election
night saying the King is dead, the

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witch is dead Donald Trump, and
she lied, and that woman was also

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thrown off the jury. You've been
in these high profile murder case. How

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a murder case. This isn't murder, of course, this is a paperwork

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thing. But how unusual is it
for a juror during the trial and after

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they've been seated to have family members
coerced them for a defenditive verdict, which

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was guilty. That's very rare.
I mean you very rarely see that happen

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at all. I've ever had that
sort of thing happen on one of my

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cases. And the reason is because
most people walk into court and they look

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at the defender, don't know who
he is. But if somebody will walk

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into Donald Trump's criminal case and say, I don't know who that guy is,

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it's like you don't want that person
on the jury, and Lastly,

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there's two lawyers on the jury.
Both of them are in medium sized law

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firms, and when they check their
are social media postings. Each believe in

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DEI. Each work in law firms
that hire and fire based upon race or

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sexual orientation, which is by itself, I think illegal. But we live

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in different times. Would you,
as a lawyer, want lawyers on this

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kind of a case if they're as
long as they're not posting about their views.

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Certainly, the defense gets ten peremptory
challenges under New York law, plus

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two for each alternature. Now,
peremptory challenge is when you can excuse a

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juror without giving a particular reason,
but you have an unlimited number of challenges

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for cause, but those are For
example, there is one juror who said

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that she got her car to spread
the honking cheers, that there's an actual

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dance party on ninety sixth Street,
and she denied that she was at some

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anti Trump rally called the celebratory moment, said the magic words that she could

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be impartial and she was not excused
for cause. Yeah, Judge Marshon said,

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that's okay. If that's not for
cause, then what is? And

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we've gone at the defendant in court, and that required the Trump's lawyers to

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use one of their peremptory, which
is discretionary. That required the defense to

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use one of their challenges they should
not had to have done. But that's

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the way things are now to a
couple. Last thing, Judge Marshawan himself

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personally made contributions financially to the Committee
to Elect Joe Biden and Judge Marshawn's daughter

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as a political activist that's raised about
one hundred million dollars for democratic causes and

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candidates. So the judge's daughter,
who's a fully mature adult, has raised,

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according to the New York Post,
ninety six million dollars for Adam Schiff

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and for Kamala Harris and for Joe
Biden. So is the family conflicted If

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the daughter of the judge is raising
money off the Trump trial? Does that

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sound right to you? You definitely
have the appearance of a conflict of interest,

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which is really all you need to
raise the issue properly and in the

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abundance of caution. I think any
decent judge would have in these circumstances were

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to accuse themselves. And this is
where you likely want to have a visiting

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judge, you know, an outside
judge come in instead of going, instead

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of taking it on and having to
deal with all these kinds of issues.

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There is the parents of a man
reversible error. Now when the judge's family

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is financially benefiting, and she had
commissions of eighteen million dollars, so when

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you raise money, you get a
cut of the pie. So when she's

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raising money off the trial as a
Democratic progressive activist and she gets commissions,

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she puts in her pocket. That
doesn't directly benefit Judge Juan Marshan, but

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the family has benefited, and many
parents want to spend their time trying to

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benefit their own children, especially their
adult children, and this has enhanced their

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standing in democratic progressive circles greatly.
She's now the go to person to give

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money to and get her cut to
me. That's the definition of an appearance

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of impropriety, which is judge doesn't
recognize. Well, we'll continue to do

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this. It's Krol's going to take
anywhere from four to eight more weeks and

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we'll get the analysis down the road, and maybe the opening statements are going

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to be Monday or Tuesday. But
I think the railroad is on the track

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and hopefully it'll be derailed at some
point. But when jurors are getting off

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the case because of politicking this early
on doesn't speak well for sitting in an

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impartial jury. James Bogan, Criminal
Offense Attorney, once again, thank you

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for coming on the Bill Cunningham Show, and we'll do it again. Thank

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you, James, Thank you Bill. As always a privilege, Let's continue

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with more. Imagine sitting in court
on trial for your life because he's facing

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twenty years in prison on these ridiculous
charges, and the state prosecutor wants to

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enforce federal election laws. When the
federal election attorney said in Washington there were

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no violations, Bill Barr said there
was no violations, and the current Attorney

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General, Mary Garland decided not to
prosecute the case at all, and the

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US Attorney's office in the Southern District
of New York said, we're not prosecuting

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this case because there's no case.
Sy Vance, the predecessor to the current

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New York prosecutor, said he's not
going to take the case because there's no

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case here. State prosecutors cannot enforce
federal law, which makes the whole thing

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of felony. All let's continue with
more later on, We're going to have

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Chris Fattis will be here about what's
going going on with the European study that

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indicates the transgender drugs and surgeries and
long term terrible health consequences is worse than

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doing nothing. Going through the process
is bad for children us. Coming up

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later, Reds baseball off today,
thank god, back at it over the

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weekend, plus next week at seven
game homestand with the Angels in town and

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also then the Phillies back on track. We hope all A news radio seven

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hundred WLW listening to a woman shop
in the produce section isn't funny? Yeah,

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A sail on cucumbers listening to a
woman poot next to the Granny smiths

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ooops is funny. Eddie and Rocky
are also funny. So when you think

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of an apple farterer ooops, think
of Eddie and Rocky, Eddie and Rockey.

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This afternoon at three one, seven
hundred wldom, my trees are showing

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signs of disease and damage. So
I called the expert, Gregory Lester at

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Tree Health Surgeon. Greg is a
certified arboris with a