Latest / Ask the Lawyer / 06/15/2023 Ask the Lawyer with Harvey Peyton

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06/15/2023 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Put the power of patient on your side. The power of Bason twenty one
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on FIVEHS the Voice of Charleston. I'm Jeff Jenkins with Harvey Payton at the
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Peyton Law Firm in Nitro, and Harvey is here every Thursday morning and the
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lines are open three or four three four five fifty fifty eight three or four
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three four five fifty eight fifty eight any questions about the law. Harvey can
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answer those. Harvey, good morning to you, Good morning, zaff.
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We will try to answer the questions and hopefully we'll have some callers today are
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pretty much open game for anything you want to ask, and have been for
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decades. Yes, and sad day to day. I mean, I didn't
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see it on the website until I got here this morning, and then you
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told you told me before he went on the air that yesterday Justice Warren McGraw
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passed away at age eighty four. He had suffered He actually did retire from
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the Circuit court bench what about two years ago, right, and when he
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retired, said that his problems with Parkinson's disease and the effects of the disease
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made it impossible for him to carry on his duties as a circuit judge down
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in Wyoming County, and therefore he took retirement. What's always a shame when
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you lose one of the bastions of the legal system in West Virginia. I
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think most people that are involved with the Lord West Virginia know about the mcgrawl
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brothers. There was Darrell who was a justice on the Supreme Court. Darrell
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was at was the student body president at WU during his tenure there, and
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then he was involved in politics, most notably known as being a Justice of
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the West Virginia Supreme Court and then a multi term Attorney General for the state
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of West Virginia. His brother Warren followed a similar pathy. That Warren was
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I think he was in the House of Delegates, then was elected to the
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State Senate, then served as President of the State Senate. And then it
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seems like maybe in the year that Clyde c was the Democratic candidate, maybe
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that year that Warren McGraw got out of the Ranford governor and didn't make the
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cut in the primary, and then went back to Wyoming County it was prosecuting
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attorney I think, and then ran for the Supreme Court there was an unexpired
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term, and then was involved in the most contentious the two thousand and four
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race for a full term on the Court. That was the Brent Benjamin and
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for the Sake of the Kids, Don Blankenship funded campaign and made famous by
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probably the most effective political campaign ad in the history of West Virginia, and
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that was the scream at Racine racing rant, the Racine Rant, you know,
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both most people are familiar with. You know, in September Labor Day
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every year, the UMW, the fl CIO, and the labor groups gather
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at Racine Drardi falls I think at the park there and they have a picnic
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and speechifying by the politicians, and and always having been a friend of organized
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labor, Justice McGraw was there and saw in the crowd the trolls that had
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been following them around for which happens at every campaign. There are trolls who
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trolled every candidate. They followed them around and for major offices, isn't they
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looked for any step of the tongue or President Biden fell over a sand bang
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on the stage and somebody was there to capture that on a phone camera.
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You know, Gerald Ford fell down a set of steps. It just happens.
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But unfortunately Justice McGraw seeing these folks who he knew, I mean one
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of them was Chris Hamilton, I think at the time was the vice president
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of the Western Cold Association. Did he think they were there to support him?
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And he just embarked on a I used to do a pretty good invitation
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of it, I want today, but it was it was I'm sure he
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was. He regretted it later, but on film it just looked horrible,
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looked like a person out of control. And so that film was looped time
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after time after time. They're here looking for me, they're looking for happening.
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I happened to be there personally. I was, and I recorded that.
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That was well. Listen, John Racy was in downtown Racy excuse me.
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John Kerry was also there that day. So he's running for president.
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Yeah, and he was there that day. And then that night, Uh,
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Jesse Jackson and Willie Nelson had a concert on the boulevard in support of
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John Kerry. That nice. It was, What a day that was.
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There was some wasted but but Harvey on the career of warm just just the
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vastness of the career, right, I mean, he had a lot of
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influence on the on the law. I mean you think about that almost every
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position. He's a private practitioner. He has a children who are lawyers practicing
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lawyers as well, kind a brother who was the Attorney general. He served
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on the Circuit Court bench, the Supreme Court bench. He was president of
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the State Senate, overseeing the lawmaking process. He was in the House of
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Delegates. That isn't an astounding and impressive career for anyone, regardless of their
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politics. It's he's at rest now. Parkinson's disease is a terrible and debilitating
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thing. We saw. We saw it happened in Putnam County. When disease
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costs us one of our great judges down there, he'll be remembered certainly and
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missed in the legal community. I actually saw his brother Darrell was at the
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Trial Lawyer's convention last week, as he always is, sitting there taking notes
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even though he's exempt from long exempt from CLEE requirements. And Warren used to
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attend quite regularly, or Justice McGraw attended regularly as well. It's a shame.
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Yeah, and well, you and I also have something in common.
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And again we have law of things incompetent numbers of the call three or four,
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three four five fifty eight fifty eight lines are opening anything about the law
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three or four, three four, five fifty fifty You are a staunch reporter,
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a supporter of the College of Creative Arts at a WVU. I'm of
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course a graduate of the early Isaac Greed School Journalism, which some years ago
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at WV was changed to the Red School of Media to kind of give it
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a fresh look and you know, look to the future. But now WV
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is announced that those two schools right, the read College of Media and the
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College of Creative Arts will be combined as part of this cutback and refocusing at
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WV, and there seems to be no clear cut. I'm sure there is
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somewhere within the bowls of the university. As you or I were talking before
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on the air, I got a call because I've been a financial supporter of
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the museum, which is a part of the College of Creative Arts. I'm
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not a Creative Arts College graduate. I graduated from the Everly School Arts and
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Sciences and the College of Law. But you know, I think it's a
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matter of courtesy. The development directors that these colleges called and said, hey,
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I don't want you to be blindsided by this. There's going to be
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an announcement here. This is strictly confidential. I don't mention that, and
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I didn't, And I think you were telling me Howpy got a call on
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his side because he's a PI READ prominent graduate. M But I mean the
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Read College of Media is on the Downtown campus and the Creative Arts centers exclusively
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at the c AC on the Evansdale campus. And I mean, I'm assuming
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the media aspects of the School of Journalism are broadcast journalism digital. You know,
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it's all the all the new things, new media for the role of
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AI. How that's gonna meld with the ephemera of drama and music and the
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fine arts. That's how you're going to get a deem who can have a
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foot in both with those worlds and function. I mean, there's a lot
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of politics involved in these various colleges at the university. As you know,
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they compete for funding, and they compete for students and for academic awards and
9:03
accomplishments and money for publications and facilities. I don't know, I mean,
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it's those are two major programs at WVU. Maybe just speaks to the situation
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WU finds itself in well with you know, financial it does, I mean,
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yeah, and I'm again it speaks to I don't know. I mean,
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I'm at the guys with the Western University. Everything I've got over to
9:28
my parents and the WVU. It's hard for me as I sit back at
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my desk and read the things that have happened over the last two months,
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in particular the understand how nobody saw this coming, with the rapidity and the
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severity that it has arrived. I mean, you know, the I guess
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the thought was, well, once once COVID ends and we go back in
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class, there's to be like and the private sector of traveling entertainment, there's
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what's called revenge travel. You know, there's a huge uptick in airlines and
10:09
travel and resort spending, and now you know, there is a tremendous uptick
10:15
outpacing seniors outpaced millennials, and lease, you're spending now because they think,
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hey, look, we've been through one. We can't afford to give up
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three more years of our lives, so let's do it while we're here.
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But the thought was enrollment would rebound, and you know, people who had
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become accustomed to remote learning would return to on campus learning and enrollment would increase.
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And you know, university schools like every school unless you're Harvard with the
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huge endowment or one of the other Ivy League schools or the Seven Sisters of
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the Same Sex Ladies schools up North or Baylor or Texas or Southern California,
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which have huge endowments. Enrollment means a lot. If you've got enrollment tuition,
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that's it was it fourteen eighteen thousand dollars a year now in state for
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a student, even with the help of the promised scholarship. And you look
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around in your five thousand new enrollee short think about that. That's a lot
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of money. And then you've got a legislature that's consistently for the last fifteen
11:26
years bled all of higher education. It's a troubling situation. But I'm having
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difficulty understanding, comprehending how we just got a statement from Rob also saying this
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is the way it is. And I guess President Gee addressed the faculty or
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some part of the faculty with his take on the situation. I understand wasn't
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We're very well received during that meeting. It's distressing. Yeah, yea to
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me, and I I'm assuming the same period IM is operated in Marshall and
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Brad Smith is dealing with the same things there that Yeah, I mean,
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they're going down for a lot longer, but you know, they're trying to
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in these schools are trying to you know, the effort that Marshall was a
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raised money so kids can go there and not be in debt when they leave.
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So that's that's kind of what the well that'll get. I'm trying to
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be that and and the push that Smith's got on now for remote learning,
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which I think is dynamic and it's going to work and a remote learning.
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I mean, it's completely foreign to me because I went to Morgantown in nineteen
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sixty seven. I went into a brick and mortar dormitory and I walked down
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to a brick and mortar building and sat in a classroom here with except biology,
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we did have some of these remote We went into the big room there
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in Brooks Hall and there was a screen, you know, several TV screens
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where, but that was a Biology one O one. It was a required
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course. So you know, the TV's talking to a lot of people.
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Who Bob Gresham, who was a really good football player, they've done a
12:58
really nice from war down sat beside me. It was at eight o'clock class.
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Bob was obviously quite tired from football practice because he spent a good bit
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of time saw him to look during class. But yeah, so it's hard
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for me to comprehend. It's just like in the law now, i'd probably
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come into grips with you know, we don't need to sit face to face
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with people. Mediation is a great thing. We had a mediation two weeks
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ago that was scheduled, and we had all this scheduling conflicts to get an
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office arranged. And it was Don Odell from Huntington, who's one of the
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states leading. You know, they're like five or six or seven of these
13:39
guys men and women who are distinguished intermediaries. He's hard to get and he's
13:45
from Huntington coming to Charleston, and he suggested, look, if you don't
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want to have an extra hour on either end, let's just do this remotely.
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Well I've done that before. That was Franklinton. Then it works.
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You set up separate rooms, you have a software program and it's absolutely just
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as effective as face to face. And I told you last week I saw
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the technology at the tra Lawyer's meeting for face to face remote depositions where exhibits
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are tendered and seen on the screen by everyone and you get real time transcripts
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to follow along. So it's coming and why it certainly can, I mean
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there are a lot of people. I started a course, a master's course
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in public administration. There was a there was a cooperative program between WV and
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Marshall. It was taught at the Tech Center. Well, we got two
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years into it and the WVU political side guy left for greener pastors. So
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the program sort of faded except online. Well I wasn't really I was only
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doing it for self enrichment. So I got two years in. I've got
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like fourteen hours something towards a master's. I don't need it, but it
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was interesting. But there were several people who for employment reasons, like if
15:05
you have a particular job with the state, say in some administrative position,
15:11
if you can get a master's degree, it gives you an automatic step up
15:15
in your GS level. Same with the federal government. So I talked to
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some of the folks who are students. I run into them. One of
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them worked in fightingm countiance and what would you do about the program? I
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finished it online, So yeah, that's available. And I think Marshall's trying
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to get ahead of the stream as his WVU because you've got to get student
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you know, we've been living on cheap student loans for a long time.
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I mean that's just I think a poorly kept secret of higher education. Easy
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credit and student loans that people can't afford to pay back, but they can
15:48
afford to go get a loan easily. It's guaranteed underwritten, Uncle Sam.
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And that means you can rent a fifteen hundred dollars a month apartment in Morgantown
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and have a car and take your bring breakon go to the islands, and
16:02
also pay your tuition and buy your books. Maybe the day of reckoning has
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just now come. We're gonna have to shake this thing out. Yeah,
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yeah, And then and then one quick word before we take the break.
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Harvey of Duke Bloom announcing his retirement. Yes, indeed, another season long
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term judge here in Kanak County. Duke Bloom, clearly, you know the
16:22
fact that he's been elected and reelected by the people of Canak County multiple times,
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has never been a hint of scandal or misbehavior or any sort of courtroom
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defalcation by Judge Bloom. He's clearly a distinguished jurist and has served the people
16:41
of Canak County in West Virginia well. But everybody's statute of limitations runs out
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at some time, and he has decided to retire. I didn't note what
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his retirement date is. Did so that will mean that the Supreme Court will
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send somebody in to cover his docket, and then the Judicial Selections Committee will
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meet. Then they'll take applications from Kanalla County residence. You have to live
17:06
in the circuit to be to serve as a circuit judge. And then the
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recommendations will go to the governor and he'll make an appointment. He usually takes
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what about a normal time, I should take about four months. Now.
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We had a time here three or four years ago where it took him considerable
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period of time. So this will be and we'll take the break here.
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But I and I did the story talking. He was able to talk to
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Judge Bloom. He's always very accessible, you know. I caught was able
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to call him and when he announced it, but he you look, you
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take his retirement in consideration. That'll be five new five of the seven new
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circuit judges since twenty sixteen. I think I think maybe's twenty but in the
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last few years five of the seven and the other two are Judge Judge Bailey
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and Judge Webster. They were before that. But it's really the whole turnover,
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right man. I maybe in outs is this senior. Yeah, she
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came in like two thousand and two, been around a while. Bailey get
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a used counsel for years for the Senate Judiciary Committee, and the Finance Committee
18:08
and the States Senate again. Kerry Webster was appointed I think by Governor Mansion
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at the time, but everyone else who will be five in the last few
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years, and it may it may increase because there's a lot of attention being
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paid to these circuit judge rations by the politicians. I hope the people are
18:30
aware of that and be aware that there are people who don't care about experience,
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They don't care about judicial temperament. They care about I want to judge
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you a rule for me, and that may be well pronounced in the next
18:42
election. I hope not, because the stability matters. We had, Yeah,
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there's only periods of attorney. We had Margaret Workman who was on the
18:52
bench from considerable time and then went to the Supreme Court. Charlie King who
18:56
had been a prosecuting attorney for a decade and he then went on to bench
19:00
and served for decades. You had Paul's a Cabe, and Paul's a Cabe
19:04
was a seasoned litigating lawyer, been in practice for twenty five or thirty years,
19:08
went on the bench. Jim Stuckey, prosecuting attorney, came for a
19:14
family of attorneys. His dad was a prominent lawyer in Charleston, served admirably
19:18
until illness did him in for several years. So I mean stability and experience,
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intellect and judicial temperament. I mean a lot. If you don't have
19:26
judicial temperament, you're not going to last long in the job. Yeah.
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And Judge Bloom had reminded me that Judge McQueen had decided not to run again
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right in two thousand, So Judge, that's when Judge Bloom came off the
19:40
county commissioner ran for circa judge right, Yeah, and McQueen had been there
19:45
a long time. Queen had been there twenty years when he went off the
19:48
bench. So well, hopefully that can continue and I will build up some
19:53
stabuilding. I will Judge Ballard and Judge Selango. Judge Acres, Yeah,
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very clear, Acres. You got her into a slanga, just shining lights.
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I hope they're there forever right too, really smart young vigorous women.
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So that I you've got four of the seven or women, well you got
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yeah, and you've got yees so well, Judge Baller would be the only
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only male only man once this once Judge Bloom is off right, right,
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Judge Tabot, that's right, just tab it too. Yeah, all right,
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So we're about to take a break. I'm sorry, Joanna, I
20:36
didn't mean to forget you. It's a forty one. Stay tuned. Harvey's
20:38
coming back here and the lines are opening questions about the law three or four
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WCHS Network Traffic Studio. I'm Jenny mur What are the power of Peyton on
23:03
the side. We have the court room experiences that you need. We never
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give up. We're prepared to fight for your rights when you need action.
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Count on us. Put the power of Beason on your side, the power
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of Bason. It's a forty three on this Thursday morning on five eighty WCHS.
23:33
The voice of Charleston. Harvey Peyton's in here with the Peyton Law Firm
23:36
in Nitro like he is every Thursday. Here, his son Tom and the
23:40
number to call lines are opening questions about the law three or four three four
23:44
five fifty fifty eight three h four three four five fifty eight fifty eight.
23:48
Harvey, We've been getting some opinions from the State Supreme Court just about every
23:52
day. Yeah, you're they're ready to wrap up. They I guess they
23:57
had a standing case here with the whether the governor was the proper party.
24:02
They had a medical malpractice slash faire to care for a dead body case that
24:08
they ruled in. It was a three to two decision with you know,
24:12
Hutchinson and Wooton the most too, most experienced justices dissenting. That's always a
24:17
question. It's a question. You know, we had an issue in the
24:21
early aughts Bob Wise was the governor, and many think it was a conjured
24:30
up emergency. Either say it was legitimate that physicians had trouble getting insurance because
24:37
of a number in the manner in which medical malpractice claims could be brought.
24:41
I don't do a lot of medical malpractice, didn't do a lot during my
24:45
career. I would refer them out or defer that to Tom. Thought always
24:52
was, look, I make my living representing injured men and women that work
24:56
for the railroad or an auto accidents it's a small community. I need to
25:02
be able to go talk to internal medicine people and orthopedic surgeons without being in
25:07
an adversary situation with them otherwise. So it just was an area. And
25:12
my mother was a nursing Methodist and involved in the medical community for decades.
25:18
Just wasn't something. I had a lot of rallies for all and I had
25:22
a couple and one with the Supreme Court. Tried a few, settled a
25:26
few, but I relied my friends who are on the defense side. They
25:30
said, look, there is a legitimate problem. Our clients are having trouble
25:33
getting insurance. So the Medical Liability Procedures Act was adopted, which capped damages
25:40
and set standards of proof. You know, before you can see a healthcare
25:44
professional, as defined by the Act, you need to have an expert I
25:48
qualified in the same or radically similar field to do a certificate saying there is
25:53
probable cause here to believe there was this deviation from an accepted standard of care
26:00
and that deviation resulted in this injury. It's a two part test. I
26:03
mean, you can have the most common call as well. My son fell
26:08
off, the marrying around, taking to the hospital and they said there was
26:15
nothing wrong with him and send him home in a sling, and they kept
26:18
complaining and were taking back a week later in his arms broken. Well,
26:22
it may have been a deviation from the standard of care, depending on how
26:25
difficult the X ray was to read. But if the person then's put in
26:30
a cast and there's no long term sequeli and they recovered, there's no case
26:34
because it's negligence and causation. And to address the issue of well, it
26:41
appears to be malpractice. I mean I can tell you from looking for certificates
26:45
of eighty five percent of the cases that I ever sent to an expert to
26:52
be reviewed. I think this has got to be obvious. Now there's no
26:56
deviation here from a standard of care. That's it. It's over with.
27:00
So that served as a gatekeeping function, but gradually that's expanded. And what
27:07
happened in the case the Supreme Court just decided, and the issue was does
27:11
the Medical Professional Liability Act applied to the facts of that case, which worth
27:18
sadly a couple from down in Mingo County, a difficult pregnancy and a still
27:25
born birth and the child's body. The still born infant's body was kept at
27:32
the hospital in a morgue pending arrangement for barrel, which was to be by
27:36
Mingo County Funeral Home. Someone from the funeral home came to the hospital and
27:40
there was what appeared to be, certainly to the parents lacks a Daisic gold
27:51
manner in which the remains were transported and cared for in a hearse but in
27:57
a private vehicle. People stopped and did some grocery shopping. The corpse was
28:04
held in the lap of one of the passengers part of the trip, and
28:10
a suit was brought. Well. Then the question is is that this is
28:14
a medical professional Liability I Act applied to the conduct of the hospital And three
28:21
of the two three of the five s Frompincourt just said yes it did.
28:23
And the case could not proceed because there was no certificate of authority or a
28:27
certificate of merit filed and and Hutchinson and Wooting, with whom I agreed on
28:33
this, I read their opinion a look, this is there was no medical
28:37
attention provided. This wasn't a claim relative to the still birth and death of
28:45
the infant. This this was this could have been anybody, This could have
28:52
been an intermediary funeral home in Canall County who took the body and held it
28:55
in a cooler. But three of the five, well, the medical professional
29:00
ability it applies and therefore there's no case against AMC relative to the negligent handling
29:07
of the body. It you know, caused the the What the perpective said
29:14
was that CMC should have known not to hand the body over. Well,
29:19
yeah, there should be something certain procedures that they should have been. It
29:23
should have been someone else besides the person from the funeral home. It appeared
29:26
maybe it should have been. You know, you've seen removals and it's a
29:32
specific process, not always. You know. Her mother was a nurse at
29:36
Thomas Hospital for decades from that right after the war. She was off a
29:38
couple of years because she had the TV, but she from right after the
29:41
Second World War until she retired when my dad got sick. She was either
29:47
a nurse and merdenstroom nurse you are a supervisor, or a nurse and methodist.
29:52
And part of that time was in the fifties and early sixties. And
29:56
tale she told which was chilling, as they had more like every hospital does,
30:00
and sadly an infant child about a four month infant died at the hospital
30:11
and in the procedure they put the child's body in a in a drawer at
30:18
the moor pending receipt by the nursing home. Concurrently, they had a stillborn
30:26
and you know what happened. Unfortunately, the stillborn child's parents signed a release
30:33
for the hospital to dispose the remains, which at that time was opened the
30:37
door on the incenterator in the basement and pitching the remains wrapped in a towel,
30:41
shut the door and turned up a heat. Well, you know what
30:45
happened. Wrong door was opened, wrong corpse and so funeral home comes to
30:55
retrieve the body of a four month old infant and is they still born fetus?
31:02
Infant had been cremated. Big problem Now, that was in the early
31:08
nineteen sixties. It wasn't the problem then. There would be now because there
31:11
was some there were charitable immunity defenses, but that clearly would have been an
31:17
active name was what happened here? I don't know, but that I mean
31:19
the court says that the act applies, and the tendency has been since the
31:26
MPLA was enacted to try and expand it. I mean, if you're sitting
31:30
out there and you think, you know, I don't want to be sued.
31:32
I want to have immunity for my conduct. Well, if you can
31:34
get that, if you can convince somebody that a pharmacy clerk who misreads a
31:40
prescription and don't give somebody medicine that kills them should be covered by the MPLA,
31:44
when it would appear pretty obvious you don't need a whole lot of expertise
31:49
that. Well, if you can get that protection, get it. If
31:52
you're an EMT, get the protection. It's not an opinion that I agree
31:56
with, but I'm not the court. There was also an opinion from the
32:00
Supreme Court about a class action lawsuit against Western American Water that the courts allowed
32:06
to continue. I think you got to start in Dunbar. Started in Dunbar
32:07
with a big main breakdown there, and you know, right the court I've
32:15
held a certification of the class right. That's one of the big issues in
32:19
class action lawsuit. And again I'll say I'm not a big class action lawyer.
32:22
I'd like to represent individuals. I mean, I was involved in the
32:25
water company litigation here, was involved in some asbestos litigation decades ago. My
32:32
practice primarily was with individual people always thought if you had a really good case,
32:37
you're probably going to come up a little short. In a class action.
32:40
If you had a less than a good case, you might be a
32:43
little better off because there's an averaging. But the court held that the standards
32:46
for the certificational class had been met. Now that case will go forward.
32:51
It'll go forward and be settled. I mean that once classes are certified.
32:54
That's the big issue in a class action suit. Can you certify a class
33:00
and you representative planets effectively represent this whole group of people known and unknown who
33:06
may have suffered a loss, and you have to give out notice as well.
33:08
That's a big risk in that case. Those cases, even higher percentage
33:15
of those cases are settled in run of the mill, one on one civil
33:19
cases because the financial risks kind it's a fifty four a fifty four harveys with
33:24
this three or four, three four five, fifty eight fifty eight, still
33:28
time for a call or two. Somebody call and ask about indictments. I
33:30
thought that you might have a call or two about indictments for a violation of
33:34
the Espionage Act, or what's going to happen next in federal court. That
33:38
was purty. Yeah, the the air has now been sucked out of the
33:44
room. What is it was? It was and is and whatever remain.
33:47
Just a routine run of the mill. Federal district court procedure for the answering
33:54
of an indictment became a big deal. I mean they happened. This happened
34:00
almost daily in every courthouse. It's not the judge. It is a magistrate
34:05
judge who is a highly qualified individual appointed by the judges in that district and
34:10
the chief judge and who serves that they're willing to hears. You know.
34:15
They call the person forward say have you seen this indictment? As either he
34:19
speaks or his lawyer speaks, Yes, I have you understand what you're charged
34:22
with? Going to read the whole thing? No, we'll waive that.
34:25
How do you plead my client leads not guilty. All right, Well,
34:30
we're gonna set us status in this and your bond will be ten thousand dollars
34:35
unsecured, which is the standard and federal court. Go now, the clerks
34:37
all signed the bond and we'll see you back here on such such a day.
34:42
That's it. That is it. That's all that ever happens. But
34:45
of course it's a former president of the United States, so it's somewhat newsworthy.
34:50
But if this continues to this entire case, we're gonna have nothing to
34:52
talk about all summer. They're helicopter shots of the He was leaving just as
35:01
quick as he came, So I said, well, that's that's like hearings
35:04
that we've been to. Sure, pretty quick. That's faster than Don blanket
35:08
Ship's defense. Remember how longs Don's defense is gonna last? And I remember
35:14
talking to him, say it's not gonna take long, and he had a
35:15
wry smile on his face. Now, this is not gonna take long if
35:19
you don't think they've proven a case. And of course the president or former
35:22
President Trump, he wanted to get down the Little havanas I can do a
35:24
little politicking, right. He stopped in a restaurant. I guess that he
35:30
knew, because he lives in South Florida, was sort of a hang out,
35:35
favorite place for the displaced Cuban community. So he stops and I'm sure
35:40
that that you're granted his secret service age, walks in and glad hands a
35:44
little bit and talks about it he's been mistreated and gets some applause. Well,
35:47
you know, if you spent your day being charged with thirty seven fellies
35:51
in federal courts, you need a little applause. Everybody's entitled to be petted
35:54
a little bit, right, Come on, Donnie, don't don't. Don't
35:57
feel that bad. We still like you, all right, Harvey. You
36:01
know, open for business as always. The Payton Law Firm is open for
36:07
business, and we're here to help people. Take a quick call from Bill.
36:12
Bill, Bill, Bill, Bill, make a quick bill. Go
36:14
ahead, Hello Bill, good morning, good morning. If the ex president
36:21
is pardoned through all of this, where does this leave the judicial system?
36:30
Thanks Bill. I think it would leave the judicial system where it was when
36:35
Roger Stown was pardoned, and where McMichael Flynn was pardoned, when Richard Nixon
36:38
was pardoned, and when they s attorney made a deal with Bill Clinton not
36:42
to indict him if he would agree to give up his law license. Uh.
36:46
You know, the judicial more influence over public policy in the United States
36:52
because of the inability of the executive and the legislative to act in the best
36:54
sense of the country. The opportunity for the courts to look bad is in
37:00
christ exponentially. Now what happened. What would happen if President Biden said,
37:05
look, I extend to him a pardon. These documents have been returned,
37:12
he's pardoned. No purpose is to be served, and that would be a
37:15
good thing. I don't I mean, I don't think that indicting a person
37:20
who is allegs to have committed the conduct that I read in the indictment is
37:25
any fault to the judicial system. It's simply the personality of the person who's
37:31
charged, the identity of the person who's charged. I mean, these charges
37:35
are brought all the time. I mean, there was a young woman who
37:38
was I think a Navy clerk who spent six or seven years in federal prison
37:43
for taking a document and not giving it back, without sharing it with anybody,
37:49
just having in her possession highly classified document. I have a problem with
37:53
the indictment. I mean, that's what juries are for. And if a
37:57
jury convicts him, and it seems to the chief exam that could do that
38:00
it would be in the best answers of the country to extend a pardon,
38:02
then he should do so. I don't think it really has any ill effect
38:06
on the judiciary as a whole, except I think the judiciary is now forced
38:10
to do more things than it should have to do. All right, Peton
38:14
Law Firm in Nation, twenty eight o one, First Avenue, Peyton Law
38:17
Firm dot Com. We help people. We help people who are injured either
38:22
financially or physically, or they have property injuries. They deal with insurance companies
38:28
or banks. We're there to help. We do a lot of litigation or
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help people avoid litigation, and we also do things that help just people.
38:36
It's mostly what I do now is help people resolve issues. I had this
38:40
terrible property issue come in the other day that may result in litigation and requires
38:44
some research, and that's what I do because I mean, it wouldn't really
38:49
be fair for me to undertake a big litigation case right now. I'm said
38:52
either years old at Tom's page forty six, and he's got hopefully thirty more
38:58
years if he wants to do it. But yes, send us an email
39:00
if you're looking for a lawyer. I mean, you see a lot of
39:02
people advertise on TV and even now on the radio. Just think about the
39:07
Payton Law Firm. Give us a call, drop us an email. If
39:12
you want a reference, we'll give you one, and we're here to help.
39:15
All right, help you. That's it from Harvey. Stay tuned.
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