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<v Speaker 1>One more time for the Channel nine first one to

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<v Speaker 1>weather forecast. We have rain, you'll taper off later this afternoon.

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<v Speaker 1>Partly cloudy all day with I sixty eight clouds over

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<v Speaker 1>night dry though forty seven MARA mostly cloudy sky's isolated

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<v Speaker 1>showers maybe mid day fifty five for the high cloudy

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<v Speaker 1>and cooler overnight one nine to thirty four. Thursday is

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<v Speaker 1>going to be a higher forty with mostly cloudy skies

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<v Speaker 1>and a possible rain slash snow chance fifty eight. Right now,

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<v Speaker 1>time for final traffick Chuck Ingram.

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<v Speaker 2>From the U SEE Traffic Center. Are you one of

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<v Speaker 2>the thirty eight million Americans impacted by diabetes? Get personalized

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<v Speaker 2>education and treatment options from the experts that you see

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<v Speaker 2>help learn more at you see help dot com. Cruis

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<v Speaker 2>are working with an accident. Northbound seventy five near Galbret.

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<v Speaker 2>Traffic backs into Saint Bernard inbound Combombia Park. White left

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<v Speaker 2>lanes blocked off just before you got to Fort Washington Way.

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<v Speaker 2>There's a reqquest two seventy five is ramped to northbound

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<v Speaker 2>seventy one. Chuck Ingram, fifty five KRC the talk station.

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<v Speaker 1>It is eight forty five. I think you have per

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<v Speaker 1>c DE talk station. You're looking for great lawyers really

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<v Speaker 1>on Porter right, you can find them a line at

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<v Speaker 1>Porter right. That's where you're gonna find Steve Gooden, who

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<v Speaker 1>practices with them. He's a partner there. He's in well

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<v Speaker 1>complex commercial litigation primarily. But we always love to get

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<v Speaker 1>Steve Gooden on the program to talk about things legal

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<v Speaker 1>in a conversation we've been having all morning. Maybe feels

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<v Speaker 1>like you listen to the Morning Show all day, a

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<v Speaker 1>little bit of beating a dead horse because I started

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<v Speaker 1>out of the gate with it at five o'clock. We

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<v Speaker 1>just talked about it with the Bright Parts Insights Scoop,

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<v Speaker 1>Nick Gilberts and the Capitol Hill Reporter. But Steve Gooden,

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<v Speaker 1>welcome to the Morning Show to talk about this unbelievable

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<v Speaker 1>reality going on in Pennsylvania with these election board officers

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<v Speaker 1>that are just in it out loud, almost joyfully, basically

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<v Speaker 1>saying it doesn't matter anymore about the law.

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<v Speaker 2>The law.

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<v Speaker 1>We violate the law all the time, so screw you guys.

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<v Speaker 1>We're gonna count these votes even though it violates the law.

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<v Speaker 1>In Pennsylvania. The Supreme Court had to come back in

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<v Speaker 1>pennscyl from Pennsylvania and smack him down yet again. Welcome back,

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<v Speaker 1>Steve Gooden.

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<v Speaker 3>Good morning, Brian. What did you did you really they're

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<v Speaker 3>saying the quiet part out loud, aren't they They're saying

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<v Speaker 3>the quiet part out loud.

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<v Speaker 1>Couldn't believe it this this commissioner Elis mar Seglia. I

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<v Speaker 1>think we all know that precedent by a court doesn't

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<v Speaker 1>matter anymore in this country, and people violate laws anytime

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<v Speaker 1>they want. So for me, if I violate the law,

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<v Speaker 1>it's because I want a court to pay attention to it. Well, Steve,

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<v Speaker 1>that's one thing. If the thing that if the dispute,

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<v Speaker 1>the underlying issue at hand, had not been resolved, even

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<v Speaker 1>like in the distant past, this is just recently resolved.

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<v Speaker 1>The Pennsylvania Supreme Court said explicitly that what they were

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<v Speaker 1>doing was illegal or what did not count, and that

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<v Speaker 1>these ballots that they were counting were not to be counted,

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<v Speaker 1>and yet they did it anyway. It's like a breakdown

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<v Speaker 1>of the system.

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<v Speaker 3>Well, Marre's an even scary part of this. She got

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<v Speaker 3>three votes on the Pennsylvania Supreme Court to support her decision.

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<v Speaker 3>It was a four to three decision, which is I

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<v Speaker 3>think the most remarkable thing here that isn't being talked about.

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<v Speaker 3>You're right, I mean, she made this kind of bizarre

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<v Speaker 3>argument that there's some language in the Pennsylvania State Constitution

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<v Speaker 3>that says there shall be no impediment to voting whatsoever

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<v Speaker 3>in the state. But of course this is an act

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<v Speaker 3>of their legislature. Is it arguably out of date? Maybe?

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<v Speaker 3>I mean, I think the whole issue is, you know,

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<v Speaker 3>whether or not you signed the David your absentee ballot.

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<v Speaker 3>It's definitely a holdover from the days when you really

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<v Speaker 3>had to get permission to vote absentee, as opposed to

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<v Speaker 3>the current kind of no fault absentee regimen we have.

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<v Speaker 3>Back when I was in the Army, you had to

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<v Speaker 3>actually apply to vote absentee and explain why you were

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<v Speaker 3>not in Ohio to vote, and this is sort of

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<v Speaker 3>a holdover from that. But all said, she got three votes.

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<v Speaker 3>There's a four to three decision to just blatantly go

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<v Speaker 3>against the law. It she actually says the law should

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<v Speaker 3>be changed, and I was okay, then go to the

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<v Speaker 3>legislature and change it. She's even acknowledging it exists.

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<v Speaker 1>That's what courts are supposed to do. I mean, this

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<v Speaker 1>is the whole idea of judicial activism versus you know,

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<v Speaker 1>judicial conservatism. Maybe they were pointing out to the legislative body,

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<v Speaker 1>which maybe should have happened a long time ago, back

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<v Speaker 1>in twenty twenty, when they just played fast and loose

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<v Speaker 1>with all the laws in Pennsylvania that look, you guys

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<v Speaker 1>can change this, but it is the legislature's job to

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<v Speaker 1>do it. It's not my job. My job as a

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<v Speaker 1>judge is to read what this section says and apply

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<v Speaker 1>the law accordingly. And the law requires these signatures, and

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<v Speaker 1>these states ergo. If they don't have them, they can't

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<v Speaker 1>be counted legislative brands. You're up next.

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<v Speaker 3>That's it. I think that's exactly right. And this comes

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<v Speaker 3>at a horrible time, really, because we really are you know,

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<v Speaker 3>we come out of the twenty twenty election when there

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<v Speaker 3>were there's a lot of folks who didn't believe that

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<v Speaker 3>the votes were counted properly, that there were shenanigans at

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<v Speaker 3>the state level. I don't believe it was ever proven,

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<v Speaker 3>but there were a lot of people out there who

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<v Speaker 3>believe it. It was really kind of what was the

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<v Speaker 3>us behind the January sixth, you know issues, and now here.

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<v Speaker 3>You know, we get through this election and it seems

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<v Speaker 3>to be like this general you know, kind of recovery

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<v Speaker 3>from that mindset, like we have a popular vote winner,

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<v Speaker 3>we have an electoral vote winner. Would they're not split

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<v Speaker 3>for once? And now we have a local elected election

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<v Speaker 3>official here on the back end saying, oh, by the way,

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<v Speaker 3>we don't really follow the law all the time, and

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<v Speaker 3>we're not going to hide it. We're going to talk

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<v Speaker 3>about it, and I'm going to get three parties in

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<v Speaker 3>Supreme Court justices to back me in my state. And that,

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<v Speaker 3>you know, that's really bad for the system, bad for

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<v Speaker 3>the belief in our electoral system, and just a really

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<v Speaker 3>really bad day all the way around. I wish, I

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<v Speaker 3>wish they just abide a bit of law and if

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<v Speaker 3>they had an issue with it, they can have gone

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<v Speaker 3>to their state legislature and introduced to bill telling me

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<v Speaker 3>the Democratic governor of Pennsylvania, Governor Shapiro is sighting with

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<v Speaker 3>the Republicans of the Supreme Court saying they don't count

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<v Speaker 3>the ballots. He seems to try the winds blowing on this.

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<v Speaker 1>Well, he certainly does. And that's the way it should be.

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<v Speaker 1>And you know, the almost the second layer of nefarious,

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<v Speaker 1>at least from my standpoint. I don't care that three

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<v Speaker 1>of the Supreme Court justices, you know, try to justify this.

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<v Speaker 1>But the law says what it says. This was over

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<v Speaker 1>four hundred and five votes. Now, the winner of the

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<v Speaker 1>race was the Republican and he's he's ahead by much

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<v Speaker 1>larger than the point five percent margin that would require

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<v Speaker 1>a recount. And so my thought was that what this

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<v Speaker 1>particular county was doing, and trying to perhaps encourage others

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<v Speaker 1>to do it count the votes that should not be

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<v Speaker 1>counted under Pennsylvania law. And if we can go around

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<v Speaker 1>in all the various counties and gather up one hundred here,

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<v Speaker 1>one hundred there, we might be able to close that gap,

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<v Speaker 1>end up with less than point five percent separation between

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<v Speaker 1>the two of them, and during a recount then engage

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<v Speaker 1>in more Shenanigans and result in a different outcome of

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<v Speaker 1>the election.

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<v Speaker 3>Well, it's a pretty fair reading of it. I mean,

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<v Speaker 3>they're doing exactly what Trump was accused to do it.

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<v Speaker 3>You know, they claim that Trump, you know, told the

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<v Speaker 3>Georgia Secretary of State get me x number of you know,

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<v Speaker 3>clothes there, and this this feels like another instant of

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<v Speaker 3>that kind of Trump's arrangement syndrome where they're doing what

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<v Speaker 3>they thought he was doing, which is finding the votes

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<v Speaker 3>in a close race. I mean, you're right, I mean

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<v Speaker 3>I understand it. McCormick's up seventeen thousand. You know, Trump

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<v Speaker 3>won Pennsylvania pretty handily. He and almost by two points,

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<v Speaker 3>like a one point eight points, so it's not unexpected

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<v Speaker 3>that the senator on the red ticket would win as well,

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<v Speaker 3>you know Casey, Senator bobcase even sort of an endangered

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<v Speaker 3>species there in Pennsylvania, I think for the you know,

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<v Speaker 3>since his last term six years ago when he was

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<v Speaker 3>last elected. So none of this is really a surprise.

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<v Speaker 3>None of this is outside of what the Poland was

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<v Speaker 3>or what the other national results were. So the idea

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<v Speaker 3>that there are these local officials are you know, almost

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<v Speaker 3>calling out for other local officials to join the meres

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<v Speaker 3>a really kind of bad day. And I hope it

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<v Speaker 3>gets the look that's going to get. I understand that

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<v Speaker 3>there are some federal laws it's been filed today on

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<v Speaker 3>both sides to try to give another look at this,

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<v Speaker 3>so we'll see where that goes.

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<v Speaker 1>Well, federal law sits I mean, will this even be

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<v Speaker 1>in is there a federal jurisdiction for this, because this

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<v Speaker 1>is state law, and I know the federal laws govern

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<v Speaker 1>federal elections. But since this states dictate the terms of

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<v Speaker 1>conditions of their own elections, will this ever see the

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<v Speaker 1>light of a federal court hearing or I mean it

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<v Speaker 1>wouldn't go to the Supreme Court? What it's zee?

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<v Speaker 3>Yeah, but well believed it or not, there is a

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<v Speaker 3>possibility for that. Back in twenty sixteen, he actually had

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<v Speaker 3>a federal lawsuit proud here in the Southern District in

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<v Speaker 3>Hamilton County before Judge Susan de Lott regarding keeping some

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<v Speaker 3>of the polls open. If you recall, and there's a

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<v Speaker 3>kind of a trivity question now, but there was multiple

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<v Speaker 3>traffic accidents on election day in two thousand and six,

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<v Speaker 3>and they went to court saying, hey, this this implicates

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<v Speaker 3>the federal constitutional right to cast your ballot, not just

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<v Speaker 3>the state constitutional right. So if they if they can

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<v Speaker 3>fast some sort of federal constitutional argument that we are depriving,

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<v Speaker 3>that the folks in Pennsylvania are being deprived of their

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<v Speaker 3>right to vote because of this requirement, I could see

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<v Speaker 3>a district court at least giving them a hearing whether

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<v Speaker 3>it goes anywhere or not. I can't fathom that. But

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<v Speaker 3>as long as you kind of complying something to talk about,

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<v Speaker 3>generally speaking in the US Constitution about the right to vote,

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<v Speaker 3>then yes, you can argue that there's concurrent your station.

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<v Speaker 3>The Act saw that year back in twenty sixteen, and

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<v Speaker 3>the judge actually did order the polls to stay open

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<v Speaker 3>an hour later because of the various traffic accidents on

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<v Speaker 3>the highway, so that she ruled would have could have

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<v Speaker 3>impacted there, like to cast it out, I think that

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<v Speaker 3>decision was never appealed. It didn't really matter in that race.

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<v Speaker 3>I mean, Trump lost Hamilton County handily anyway, but had

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<v Speaker 3>it been a close election, that would have gotten a

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<v Speaker 3>lot of scrutiny for the Sixth Circuit.

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<v Speaker 1>Well, and real quick here, Stephen, I don't put you

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<v Speaker 1>on the spot because I don't know if you know

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<v Speaker 1>the answer to the question. I certainly don't. But I

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<v Speaker 1>saw that there was an election judge charged in Minnesota

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<v Speaker 1>with two felony counts because he allegedly let eleven people

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<v Speaker 1>vote that were not registered. Do you know if there's

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<v Speaker 1>any corollary provision in Pennsylvania where these these election officials

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<v Speaker 1>in defiance of Supreme Court precedent, in defiance of the

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<v Speaker 1>law of the state allowed this to happen. Nonetheless, that

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<v Speaker 1>they might might have might be facing some sort of charges.

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<v Speaker 3>You know, it's possible. I did quickly look at that.

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<v Speaker 3>In Pennsylvania does not have anything as on point Anton

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<v Speaker 3>ractice in Minnesota law, but they do have a general

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<v Speaker 3>kind of dereliction of duty criminal charges you can file

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<v Speaker 3>against an elected official. And it's interesting the woman who

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<v Speaker 3>made the statement, she's an elected official. I mean she

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<v Speaker 3>is not just an elections official. She's actually a county

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<v Speaker 3>commissioner there in Bucks County, excuse me, Bucks County, Pennsylvania.

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<v Speaker 3>So you know, she has multiple obligations as an elected

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<v Speaker 3>official tour of like here in Hamilton County, you know

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<v Speaker 3>where you know, an elected divisional can serve on the

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<v Speaker 3>board named by the party. Fair enough, special could be

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<v Speaker 3>removed as a commissioner as well.

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<v Speaker 1>All right, well, we'll keep our popcorn out on the

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<v Speaker 1>federal side as well as what happens are on the

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<v Speaker 1>state side. But it is resolved and it's over with,

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<v Speaker 1>and at least the governor's on board with well the law.

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<v Speaker 1>Steve Gooden always appreciate you coming on the morning show

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<v Speaker 1>to share your legal opinions and thoughts and analysis. Porterwright

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<v Speaker 1>dot com is where you find Steve and the excellent

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<v Speaker 1>legal team that he works with there. Steve, You're always

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<v Speaker 1>welcome on the show and I'll look forward to another

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<v Speaker 1>discussion with you real soon.

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<v Speaker 3>Look forward to it.

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<v Speaker 1>Thank you, Bra, Thanks brother. It is eight fifty five.

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<v Speaker 1>Come on eighty fifty six. You need to get a

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<v Speaker 1>chance to listen, get the empower you seminar It's Thursday,

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<v Speaker 1>starts early at six point thirty to party, get your

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<v Speaker 1>drink on and get your orders and food on and

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<v Speaker 1>then hear the lecture on Elvis Presley by Michael Mercier

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<v Speaker 1>and the band which will kick in at eight o'clock

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<v Speaker 1>after the seminar. If you're there two twenty five North

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<v Speaker 1>and Boulevard to celebrate Live inside Scoop with Bright Bart

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<v Speaker 1>News Nick Gilbertson on this most recent topic with Steve

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<v Speaker 1>Gooden podcast fifty five kr sea dot com and a

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<v Speaker 1>not real uplifting analysis, but a valuable analysis from Daniel

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<v Speaker 1>Davis with a deep dive that's at fifty five krs

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<v Speaker 1>dot com at well as well. Tune in tomorrow for

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<v Speaker 1>the brilliance of Jack Atherton and Judge Ennita paul Atano.

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<v Speaker 1>Thank you Joe Strecker for all that you do. Folks,

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<v Speaker 1>don't go away. Clembeck's coming right up.

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<v Speaker 3>Look what it happened.

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<v Speaker 1>This is the greatest political comment comeback of all time.

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<v Speaker 1>There's ever been two, three, four times today fifty five

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<v Speaker 1>krc D Talk station
