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10/05/2023 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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two and it's a Thursday. More here on five eighty. Would you see
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ahs the voice of Charleston. I'm Jeff Jenkins. Good morning to you,
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October fifth. If it's a Thursday. Harvey Payton's here at the Peyton Law
1:08
Firm in Nitro, and the lines are open. Any questions about the law.
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Three oh four three four five fifty eight fifty eight. Three oh four
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three four five fifty eight fifty eight. Harvey as you drove up on Ice
1:21
sixty four this morning, goge, it looks like fall. Looks like fall.
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No, it looks like fall. I heard a I heard Chris on
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the news this morning talk about the couple of hours delay on Ice sixty four.
1:32
Yes, hey, well let's let's stretch that out to about four or
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five hour delay. That was the residual effect speed slow down. You know,
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I drive through that section all the time, and there are signage after
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signage after signage on both sides of that construction site saying construction zone speed limit
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fifty five miles an hour, and ninety five percent of the people that traveled
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that highway at the same time I do it here to that, there's always
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that two or three or five percent who are just more important than you and
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I. Right, my time is more important. So I have to go
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seventy five and I have to weave in traffic. Now, I'm not saying
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that's what happened to this truck driver, but somebody was speeding and somebody wasn't
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paying attention, whether it was him or another vehicle. It wasn't a big
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tractor trailer. It wasn't like a box truck, right, A truck.
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Yeah, right, a Penske rental used for deliveries. This turned over and
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the side and it took so long because to get the traffic around it.
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The contractor came up and moved the temporary median barriers over so traffic could be
2:34
diverted into the old part of the roadway where work was going to be done
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and around that, and that just took forever. When I came up to
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nightro around noon, about around one thirty, it was still in the throws
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of trying to get traffic routed. And then you've got to merge two lanes
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into one, or three lanes into two and then into one. And that
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was all happening on the bridge where construction was going on. It was easily.
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I left the office four o'clock, still backed up on the Interstate.
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I went across the river. I said, well, I'll just go across
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because I'm getting to Taye Valley by just going across to Saint Albans, going
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to the top of Coal Mountain, tink of right down over south Poper Fork
3:21
Road and come out there. It's Scott Depot at the foreway. Well,
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you know, of course, first avenue the road to get across the bridge
3:29
in Saint Albans was just backed up. An it's like we've seen it all
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before. But even when the accident cleared, my wife was coming the other
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way. She had had a hair appointment in South Charleston, so she was
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sitting in cross lanes and when we were talking on the phone about who's going
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to get home first, you know, I heard on the radio right now,
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honey, that the roads the reck's been cleared, and she said,
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well, the right may be clear, but I'm still sitting Just takes a
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long time. But although the announcement this week was that that job will be
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fitting Joe Stevens from the Night Drive development, he says fall of twenty twenty
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four about this time next year. Well, yep, that's not there's been
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a little delay. I guess they said spring of twenty twenty four was the
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previously estimated completion date. But for that scope of a project's school of a
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project, if they can be finished, that would be it. They would
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haven't finished up a little over two years a complete new bridge, essentially two
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complete new bridges, one one from the water up and one from the pilings
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up. And now they've taken out one of the old bridges that accessed across
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First Avenue, assuming the last existing bridge will go down and be replaced once
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they finish the new ones. Sererounte traffic and you've got to redo the whole
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interchange, so we'll see it certainly will be a vast improvement. It hasn't
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been as bad as I thought it would be. I mean, everybody in
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the valley feared. You know, this is going to be bad for business
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travel up and down the road. You're going to be sitting for half an
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hour every day going into the eastbound discourages people from coming down here to live.
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Well, that hasn't materialized, you know. Again this week it was
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one of the big It was a chamber of commerce, and you got to
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set a story on about the PoCA Plaza, which was a shopping center and
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plaza that was developed, oh in the sixties by a man named Mike Corey.
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Mike came over here from Lebanon, brought a lot of his family with
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him. You know, the Greebs were related to Mike Corey and Lewis's and
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Saint Albans and Andre Heikel, the Heigels and Mike ran the grocery store for
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decades, and then he aged out and retired, and uh, it's sort
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of sort of sort of floated along for a while. In the grocery store
5:46
closed and the dress shop moved out. The laundromat was out that well.
5:53
Uh, a businessman, highly successful businessman as I understand it, who grew
6:00
up in hometown, went to Poga High School, Kurt Heigebottom. He put
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up the money and completely rehabit it. And now it's got a brand new
6:08
supermarket. My wife's nephew works over there at the supermarket. The post office
6:14
is still there. At the dress shop, several things of beauty parlor,
6:17
massage parlor, I mean a legitimate massage parlor. So yeah, things are
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looking up there. And that's in let me remind you again, that's in
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Putnam County. In kannaul County. This week, let's see, well,
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they lost one flight at the airport from Charleston, South nor West Virginia to
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Charleston, South Carolina. Replaced it with a flight doing from Tampa, so
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West Virginia's can go to South Florida and spend their money and come back speedily.
6:46
But with the fiction that dozens and dozens of people from South Florida are
6:50
flocking here for recreational purposes. And I think if one, if anybody's going
6:57
to do a survey of people getting off the plane, see how many of
7:00
them are just round trippers Charleston, Tampa and bike as opposed to the fictional
7:04
flock of people from Cigar City who are coming here anyway. But I've said
7:10
about the Canah Putnam County, bad news in Kanaha County, bad news for
7:14
the whole state, bad news for the entire legal community. You and I
7:17
spoke last week about Joanna Tabbat when we left we heard anything, because I
7:21
heard she wasn't doing well and she passed away on Friday. On Friday,
7:27
can't have cancer, which she'd been fighting for a while. It's a horrible
7:30
disease and nobody knows why. Some people beat it and some people don't.
7:34
She didn't. Her visitation is this evening. The funeral masses tomorrow over here
7:41
at the Sacred Heart Basilica. Fathers or Monsignor Sadie is going to do the
7:46
service. It's a real shame. Joanna Tabbot was just a really nice person
7:53
from the get go. She had an uncle named Louis Tabbot, and Louis
7:55
was sort of a famous slash in from a lawyer up around mar Matt it's
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always you know, It's just he was in a small area up there and
8:03
a lot of a lot of action going on, a little little car racks.
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Mean, this was in the sixties and seventies when the Eastern Clock County
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had some booming vitality. And then Joeanna got out of law school. She
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worked for Tom mcewe as a law clerk, and yeah, I feel for
8:20
Judge mc keugh. You get close to your clerks. I know he was
8:22
close to Joanna and always liked her, spoke highly of her, encouraged her
8:26
to get on the bench, and you know this, it's just a horrible
8:31
thing. And then she went to work Steptone Johnson, which is a you
8:35
know, conservative, insurance oriented, business oriented law firm, and she did
8:39
insurance defense work. Uh but was as with most of the lawyers that I've
8:46
ever met who do defense work, they did it in a respectful and non
8:50
contrary manner. They don't abuse witnesses, and you don't be little people who
8:56
are injured and are trying to recoup something from their injury. She was just
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always very professional and she got elected, appointed and then elected as a judge
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in Kanawha County for you know, she was really considered sort of a shoe
9:09
in for the last run at the Supreme Court and lost out to Bill Wooton
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right in the Yeah, she finished second twice, and it was sort of
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yeah, you take a look at I think it's just Kanau County is Charleston
9:24
is not a good address to run statewide, and it's just not And that's
9:30
that's the way it Workston's got a Beckley address and uh, you know over
9:35
an Eastern Pananaly's just to kiss it dead. It may even be in Putnam
9:39
County for people who didn't know Joey. I mean, there's a little animosity
9:41
between some folks leadership in Putnam County and what they consider to be a greedy,
9:46
litigious county commission. But it's just a shame. And we'll see here
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the governor appoints, and then that means there'll be another, uh opening for
9:58
a judicial election coming this this may. So you've got Judge Abraham. She's
10:09
going to have to stand for election if she wants to continue to hold the
10:11
job. Got a vacancy for Judge Tabot, and you've got a new judge
10:16
ship. So in Kanah County, which will I have eight judges and depending
10:22
on what the other in commentsy, they may decide not to run. I
10:24
mean, who says Jennifer Bailey, she's not obligate. She's been on the
10:28
bench quite a while and she says, well, I want to retire.
10:31
But at least three of the eight judges are going to be new after well,
10:37
I mean Judge Abraham may be re elected. The new appointee may be
10:39
elected, but they'll be newly elected judges as opposed to appoint it and we'll
10:45
see what happens. To be interesting, it makes it a very important race
10:48
because you get a lot of cases in Kanahah County. She is on the
10:50
bench nine years. Just from my observation and then being in her courtroom and
10:56
listening over the last couple of years on zoom, you know the way because
11:00
when COVID started, Dockett always full, full docket. She dealt with things.
11:07
I mean, she was firm, I mean, she was straightforward,
11:09
right and in her dealings with and what I liked about covering her is you
11:16
could understand her, you know, what I'm saying. I mean, she's
11:20
she's she's dealing with things just in that way. She was pretty easy to
11:26
cover, right, and she was straightforward and not verbos right and quite concise
11:31
and to the point. And I listened to a couple of her sentencings of
11:35
criminals. It was just she had no bones about it. Yes, enumerating
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here's what you did. This is an excusable and this is why I'm going
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to do what I'm going to do. Boom yeah. And the same way,
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I think. Didn't she have the case on the the senatorial candidate that
11:58
was challenged state senate candidate that was challenged, was it Tabit's case? And
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as she had one political case that got a lot of criticism from some members
12:07
of the legislature, I thought maybe it was the candidacy of the lady for
12:13
who moved moved here from North Carolina and moved from North Carolina hadn't been a
12:18
resident for a sufficient period of time to qualify. I think that was her
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okay, But I mean she was accused of as of being some sort of
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radical liberal, which could be no farther from the truth that she was true
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to the practice of law. She'd always practiced on the more conservatives oude of
12:33
the law. She was a Democrat before the elections became nonpartisan, but what
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I would call a conservative, modernly conservative Democrat, of which we need more,
12:43
you know, sort of a mansion type Democrat. Which lets me segue
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into a case that she had about qualification of a candidate, into a case
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that was recently filed here in West Virginia by sort of a gallivant lawyer slash
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litigant. I think he's from Texas someonch They have a farm down there where
13:03
they grow them. I guess he brought a lawsuit here in West Virginia against
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the Secretary of State Mike Warner to prohibit Secretary of Warner from accepting a certificate
13:18
of candidacy by Donald Trump based upon Oh, we have a call. Ye,
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Let's go to the line first. Then we'll get into that. And
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this is Harvey Peyton with the Peyton Laws show in Peyton here on five E
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w C H. And there's Bill on the line. Bill, go ahead
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you with Harvey. Good morning, Harvey, good morning. Question for you
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the mess that we have up in Congress at this point, what what are
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the qualifications or the requirements for person to be Speaker or President of the Senate.
13:58
Well, the President of the Senate has to be a a member of
14:03
the Senate. The President of the Senate is the presiding officer, the Senate's
14:05
vice President of United States, right, the Senate majority leader is I mean,
14:09
you have to be a United States Senator to hold any position in the
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United States Senate. Anybody can be Speaker of the House if they if they're
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like they get a majority of the votes of the all members president and voting
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that that may stop you right there. Whenever you say that anybody can be
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Speaker of the House, who are you referring to? Well, I'm not
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sure what. I'm sure there's probably an age qualification for sitting in Congress,
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and I don't know what that is, probably aged thirty. You know,
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the Constitution defines you know, just take a look at former President Trump if
14:52
he even if he's convicted of a felony, the Constitution of the United States
14:58
does not exclude a person who's convicted of a felony, unless it may be
15:03
of a particular type of felony from servant as president of the United States.
15:07
And I don't think any such prohibition exists to serving the I say House representatives.
15:16
So I mean Marjorie Taylor Green is going to nominate Donald J. Trump
15:22
as it's a service Speaker of the House. Now it's a stunt, it's
15:28
a Shenanigan want to get campaign contributions. But it's my understanding that assuming that
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two hundred and eighteen members of the House Representatives voted I, that he could
15:39
become Speaker of the House. I'm not sure it's ever been done. There's
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a historical precedent for that. There may be sometime back in the pre Civil
15:50
War, but not since. So that's this is a hell of a country
15:56
that we're becoming. Well, it's a mess and we need you know,
16:03
a lot of it is self created and created by the courts. You know,
16:07
we've had several cases go to the Supreme Court of the United States about
16:11
political jerrymandering, that is allowing the candidates to pick their voters instead it the
16:17
other way around. So what has happened is you've got eight people who represent
16:22
about one point two percent of the American population who come from places like Pensacola
16:30
and the Redneck rivier. That's Matt Getz, Bob Good, from down into
16:36
Rustville, Virginia, south of Lynchburg, Jim Jordan from Urbana who was a
16:42
resting coach at the Ohio State University, which was enough to get him elected.
16:47
I mean, and you know, you've got a majority of the majority
16:55
in the House of Representatives, which is Republicans, represents several million fewer voters
17:00
who actually cast ballots. Then the demis because of gerrymandering, primarily your gerrymander
17:11
safe districts. You discourage voting by young or people of color, or the
17:18
disabled or legal immigrants, and you pick up what is a bare majority in
17:25
the district where you are, which is safe, and that's what you get
17:29
minority rule. And you've got in the United States, Senate Joe Manchin and
17:33
Shelley Capito represent between them a million, seven hundred and eighty thousand people,
17:41
and once you passed away Diane Feinstein represented forty million people, but they had
17:45
equal So my vote for Joe mansion was worth forty times what the Californians is.
17:53
It's it, but it's baked into the system. But the thing is
17:56
it worked. It worked before we had severe gerimander and when we still had
18:03
candidates who know The last surplus we had, real surplus, was in the
18:12
first year of Richard Nixon's presidency, and that was a budget that was written
18:15
and implemented by Lyndon Johnson and mostly conservative Southerners and moderate Northern Republicans. You
18:26
remember when they had we had the Vietnam War, we had a ten percent
18:33
surcharge on income tax to pay for it. Well, that could never happen
18:37
today. It should when we should be able to solve this fiscal crisis if
18:45
you went back and imposed income tax rates on individuals and corporations as they existed
18:52
under Clinton before the first round of Bush tax cuts, and implemented significant budget
18:59
cuts across the board, including the military, which is not off the table.
19:04
Short up soci of security by taking off the income limitation on donations to
19:08
Social Security. The problem could be solved. But you can't have it.
19:14
One set of people say I'm never going to vote for a tax, and
19:18
the other people said, well, but we can't. We're not going to
19:22
cut social Security because that would really really harm the country, and Medicare would
19:26
really really harm the country. It would sap a significant part of the economy.
19:30
Up. Yeah, So I mean it's not an insoluble, prominent.
19:36
It has worked before. We've just fallen into this trap. I blame John
19:41
McCain for part of it. John McCain reached out to this literally ill educated,
19:48
unqualified, part time governor of Alaska and gave her a voice, gave
19:53
a voice to the kooks. And after that we got the Tea Party,
19:57
and after that we got the Free Caucus. And it brought these folks out
20:03
of the woodshed into the kitchen, and they should have left them out in
20:06
the woodshed. And now they're running the show bill. How is this problem
20:11
going to be resolved? Then? Well, I think the American people are
20:14
just gonna have to Well, leadership can solve a lot. The leadership is
20:21
not there, though, I mean, this is proof of it. Well,
20:26
this is proof of it. I agree. I mean there's no leadership.
20:30
There's no significant leadership in the Republican Party and the Democratic Party. I
20:37
don't think that president. I mean, I'm not a big Joe Biden for
20:44
president in twenty twenty four fan period. I think that the best thing he
20:49
could do if he wanted to serve the country Joe Manchion is go up to
20:52
New Hampshire and file as a Democrat and run for president. He said,
20:56
well he doesn't have a chance. Well that's what he said about Jem macarthury,
21:00
what Jeen McCarthy did to Lyndon Johnson. Johnson was gonna run. Johnson
21:04
was worried about his health because his father and his uncles and all the men
21:07
in his family had died young. They all had heart problems. He'd had
21:11
a terrible heart attack. But he was going to run again. And all
21:15
of a sudden, Jean McCarthy goes up to New Hampshire and beats him.
21:21
He was a heck of a race. Well, the next day Bobby Kennedy
21:25
says, I'm in the race, and a week later Johnson said I'm out
21:30
because he just wasn't up to it. Now that can happen again. I
21:34
don't see it happening, but I'm not any I mean, I know Joe
21:40
Manson just because I know everybody knows him. Right, there's nobody around him.
21:44
People said, you know Joe Manchwell, everybody inst Virginia knows Joe Manson.
21:47
He's always your friend. But if I could talk to him, that's
21:49
what I would tell him. Forget this third party deal. See if he
21:53
can raise you some money up there in New Hampshire and put on a campaign.
21:56
You're younger, not a whole lot younger, right, Joe seventy five,
22:00
But he's a vigorous seventy five. And maybe if he smoked out the
22:06
Democrat leadership, someone else would step on the stage. If we still had
22:10
Jim Webb around, I wouldn't worry about it. Remember Jim Webb. He
22:12
was the best candidate we had. All right, ll all right, We're
22:15
gonna move on. Thank you, sir, Thank you for the call.
22:18
Three O four three four five fifty eight fifty eight. Three O four three
22:22
four five fifty eight fifty eight. Harvey Peyton is with us at the Peyton
22:26
Law Firm in Nitro. Give us a call, tacker or one and only
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five eighths the voice of Charleston. Thanks for joining us. This morning.
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Lines were open Harvey Payton with a Peyton Law firm in Nitro three O four
24:52
three four five fifty eight fifty So before Bill called we are getting into this.
24:59
The the guy from the guy from Texas who has filed lawsuits in several
25:03
states, West Virginia being one of them to try to keep Trump off the
25:06
ballot, right, and Bill sort of touched on this about what are the
25:10
qualifications holds certain offices. Well, the allegation and the complaint filed here is
25:15
that the section three of the fourteenth Amendment, there are two constitutions and United
25:22
There's the Constitution that was adopted in September seventeen eighty seven, and then there's
25:29
the Constitution of the United States as it was amended in eighteen sixty seven and
25:33
sixty eight with the thirteenth, fourteenth, and fifteenth Amendments which changed everything,
25:41
put in the concept of universal due process, universal suffrage, the abolition of
25:48
involuntary servitude. Well that's pretty much the constitutional law that we live under today.
25:56
But a part of the fourteenth Amendment, Section three says, I'm abbreviating
26:02
this. No person who, having previously taken an oath as an officer of
26:08
the United States to support the Constitution of the United States, shall have engaged
26:15
in insurrection or rebellion against the same, or given aid and comfort to the
26:19
enemies thereof, shall hold any office. So this fella says, because of
26:27
his participation, alleged participation in and inciting the January sixth, twenty twenty one
26:36
insurrection or riot or tourist visit or whatever you want to call it, and
26:41
as recently evidenced or a legend and an indictment, conspired to overthrow the lawful
26:48
election of Joe Biden's president the United States, that Donald Trump is excluded is
26:56
disqualified from holding the office of president. Now that's an interesting question, uh,
27:06
he sued Mike Warner. Mike, as the Secretary of State, I
27:10
assume is going to be represented by the Attorney General, and strangely enough,
27:14
the Attorney General himself asked the federal court to let him intervene in his name
27:19
and position. Now, it's hard to figure out why one would want to
27:26
do that for any purpose other than political notoriety, and helped to raise some
27:30
money. You know, I'm fighting off the forces that want to keep president.
27:33
I'm a party to this lawsuit. I've been sued whatever, regardless,
27:37
that'll sort out. Omar Abolus was the magistrate to whom this case was assigned.
27:45
The man asked for some immediate relief, some immediate injunctive relief against Secretary
27:48
of State Warner Omar. Magistrate Judge Avolhusan denied that he didn't see any eminent
27:56
age. I'm not sure that President Trump is even file or attempted to file
28:00
any certificate of candissy in West Virginia. But the law this obviously, this
28:10
amendment to the Constitution took place after the Civil War. There's some position,
28:17
and I think this is one that Morrisey espoused. Well, this is just
28:18
a constitutional amendment of section that was meant to apply only to ex Confederates,
28:26
people who between eighteen sixty one and eighteen sixty five waged active war against the
28:30
United States, or were members of the government of this confederacy. You know,
28:38
I think that's a statement that has been fairly universally rejected in legal circles.
28:45
I mean it indeed, there had been a revolution, there had been
28:48
an insurrection, there had been a rebellion, and it's as likely that Congress
28:56
when they worded this, and okay, we had one and they're going to
29:00
be disqualified. And since it's happened once, it may happen again. And
29:06
if you get to thinking about this again, here's what's going to happen to
29:08
you. You'll be disqualified. Right, it's the stick and the stick.
29:17
You know, there was litigate you know, the question is is this self
29:21
executing? Is the fact that a person may have engaged in conduct that appears
29:25
to be seditious therefore just disqualified it's like being born in Canada or being born
29:32
outside the United States, or just disqualified on his face, or is it
29:37
a provision that has to be enacted or enforced like this lawsuit And in this
29:41
case, then they're conflicting judicial rulings about that. Back in the eighteen hundreds,
29:51
Jefferson Davis was indicted for treason not in Norfolk, Virginia, and one
29:56
of his pleas was and it was after this amendment was passed. Well,
30:02
this is punishment. This is a self executing punishment of me. As president
30:07
of the Confederacy. I'm forever disqualified from office, and therefore trying to charge
30:12
me now with treason would constitute a violation of the Fifth Amendment prohibition on double
30:15
jeopardy. Simon Chase, who was then a circuit judge, Sir, federal
30:22
circuit judge agreed with him, said, okay, you're right, indicenments to
30:29
be dismissed. Well, that was honest way to the Supreme Court. When
30:30
Andrew Johnson just pardoned Jefferson Davis pardoned Roberty Lee too because Grant asked him to.
30:38
Well, then it came up again, this time Chas is on the
30:42
Supreme Court, a black man who had been charged with the crime in Virginia
30:47
and sentenced to prison by a judge who had been formerly a Confederate officer,
30:52
said, you know, okay, I couldn't have been lawfully prosecuted and sentenced
30:56
because this guy was. He couldn't be serving self as a self executing amendment.
31:02
He couldn't he was disqualify, he wasn't qualified to serve in. Chase
31:08
said, well that's not really so he declined the relief. And historians have
31:15
sorted out for years, Well, why did Chase Field one way about Jefferson
31:18
Davis in another way about this poor guy in prison in Virginia? And did
31:26
race play a factor? Did more consider it? Thought play a factor?
31:29
But it hasn't you know? After that in Congress in eighteen seventy two,
31:34
there is a provision that says that Congress could remove this disability with the two
31:42
thirds vote of both houses of Congress. I think about that two thirds vote
31:48
of both houses of Congress would be impossible to achieve today, I would think,
31:52
But in eighteen seventy two, now this is only what seven years after
31:56
the end of the Civil War, the Congress, by super majority of both
32:00
houses removed the disability from Confederates, all except about seven hundred to one thousand
32:07
of them who had pretty high rankings, including Jefferson Davis and Roberty Lee.
32:12
And they all got the ability to go. And also it happened here in
32:15
West Virginia. We got a new constitution the same year. Because they can
32:17
all vote and they can all hold office. The same thing happened all across
32:22
the South, with no guarantee that as local officials they were going to do
32:29
anything but what they had done before that is just suppressed black people, which
32:31
they did. I mean, there was an attempt to amend the Amnesty Act
32:37
to include some civil rights provisions. It was brought on by Charles Sumner and
32:39
it was rejected by both houses, and then it just sort of settled down
32:45
in eighteen ninety eight. The other seven hundred that were left still living Confederate
32:50
generals, major generals, and politicians except Roberty Lee and Jefferson Davis were I
32:55
was under McKinley. Even though McKinley bill an Antietam was sick of war.
33:01
He signed the bill granting them absolution from this disability, and understandably sort of
33:09
went away. It hasn't been considered since until you know what happened in January
33:15
the sixth. I don't see this lawsuit going anywhere. To tell you the
33:22
truth, mister casts a guy a gadfly. I think if you were going
33:28
to undertake such a legal determination as this, it would be by someone at
33:34
the very highest levels of legal theory and profession. He would have noted learned
33:40
judges or former judges contemplating this. I think it's a you know, there
33:46
are a lot of things to sort out here. Just on the face of
33:49
this, this has been banned around by some Democrat pundits that he's disqualified.
33:53
Well, if you go back, there's a wonderful treatise. I read it.
33:58
You can go online. The University of Minnesota Law School has an amnesty
34:02
in section three of the fourteenth Amendment treatise with pays after page of footnotes which
34:07
sets out the historical contacts and actually updates it to today's occurrences. It's a
34:15
political shenanigan by some guy from Texas. I don't know whether he's raising any
34:21
money on this. In West Virginia, Secretary of State Warner is certainly able
34:29
to defend himself. He's got the Attorney General's office as his lawyer. Unfortunately,
34:35
you've got this political shenanigan by our sitting attorney general who wants to get
34:38
involved in the case, even though he's the lawyer in the case. But
34:45
from the standpoint of pure legal theory, I don't see this amounting to anything.
34:47
I don't think it is self executing, how would you establish it?
34:51
He could af use anybody. I mean, what would happen? Then we
34:53
would put the burden on somebody. Would be an undue burden on someone seeking
34:57
office. I could go up to the second to the states. So say,
35:00
oh, I want to run for Congress. Wait a minute, Wait
35:01
a minute. You worked for the federal government once, didn't you, and
35:05
you took this oath to uphold the constitution, to defend the constitution against all
35:09
enemies for an a domestic Well, I don't think you did that. I
35:14
think that you're a liberal and you gave aiden comfort to our enemies because whatever.
35:21
Now, I mean, that's just if it's a self executing prohibition,
35:24
therefore no. So that puts the burden in on the person who wants to
35:28
run for office to go out and bring a lawsuit and sort this out,
35:30
which I think would be an undue burden. I think the you know,
35:37
it's if the person uh false for office, they're elected. There's a way
35:44
to sort out, as we've seen here, there's a way to sort out
35:47
whether you're qualified or not. Do you live in the district? Have you
35:51
resided here a sufficient period of time? Why are you old enough? Have
35:54
you ever engaged in a rebellion against United States? But that's the burden's going
36:00
to be on the person objecting to the candidacy to share that. All right,
36:04
we'll see how it plays out. Well, we'll see Peyton Law Firm
36:07
in Nitro, Sir, well at night. Peyton Law Firm most exclusively on
36:10
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36:15
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36:21
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36:23
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36:28
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36:35
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36:40
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37:13
day if we can, or as soon thereafter as we can. All Right,
37:15
you got ten seconds. You would like to revise your Mountain of Football
37:20
prediction. You had a good prediction, had a prediction. I had a
37:22
prediction of eight and four, and I'm sticking with it, all right,
37:24
Harvey, sticking with it. You heard it here first, all right.
37:27
ABC News is on the way next, then local news, then Dave Allum
37:30
with five eighty Live. This is five eight WCCHS The Voice Charleston