Latest / Ask the Lawyer / 10/31/2024 Ask the Lawyer with Harvey Peyton

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10/31/2024 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 2: The views and opinions expressed on this program do not
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Speaker 2: necessarily reflect the views and opinions of five eight, WCHS,
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Speaker 2: its employees or WVRC Media.
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Speaker 3: Put the power of Peyton on the side.
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Speaker 4: We have a court room experience of such a need.
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Speaker 4: We never give up. We're prepared to fight for your rights.
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Speaker 4: When you need action, count on us.
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Speaker 3: Put the power of pasion on your side, the power.
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Speaker 5: Of pages, and you can put the power of Peyton
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Speaker 5: on your side. This morning. Threes are a four three
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Speaker 5: four five fifty eight fifty eight threes are A four
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Speaker 5: three four fifty to fifty Has that better? Harvey? Sorry
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Speaker 5: about that?
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Speaker 6: Oh? What?
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Speaker 3: No?
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Speaker 5: I volume ais, You're good.
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Speaker 6: I'm fine, Okay, sorry, it's only in the right ear,
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Speaker 6: but that's good.
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Speaker 5: Sorry about that. You're listening to the Peyton Law Firm
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Speaker 5: this morning. On ask the Lawyer. You can give us
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Speaker 5: a call phone number this morning a little bit different.
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Speaker 5: We're still routing along our phone lines, but we do
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Speaker 5: have a phone number. Four you three zero four three
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Speaker 5: four two eight one three one three four two eight
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Speaker 5: one three one is the number you can call this morning.
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Speaker 5: Ask to get on ask the ax the augor with
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Speaker 5: Harvey Payton. We'll get you right over here. Matt's answering
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Speaker 5: the phones this morning, so you can just say, hey, Matt,
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Speaker 5: want to talk to Harvey and he'll get you over
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Speaker 5: on the line. So that's three zero, four, three four
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Speaker 5: two eight one three one three zera four three four
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Speaker 5: two eight one three one. More information about the Payton
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Speaker 5: Law Firm one line. It's Peyton Lawfirm dot com p
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Speaker 5: E y t O in located of course in Nitro,
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Speaker 5: West Virginia. Harvey is here with this this morning. And
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Speaker 5: how you doing, Harvey.
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Speaker 6: I'm doing quite well. Listen, Uh, tomorrow's a big day
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Speaker 6: as relative to the Peyton Law Firm. November one, nineteen
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Speaker 6: ninety four, we moved into our new building at the
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Speaker 6: corner of twenty eighth Street and First Avenue. Before that date,
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Speaker 6: I had an office at twenty six o two First
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Speaker 6: Avenue up on the corner of twenty sixth Street in
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Speaker 6: the Kanawa County lower end of Nitro. That building's now gone.
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Speaker 6: It was demolished as a part of the city's recent
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Speaker 6: sort of rehab project. There was a couple of lots
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Speaker 6: up the street in the Putnam County, and I mean,
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Speaker 6: we're the first business in Putnham County. The dividing line
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Speaker 6: between Kanawha and Putnam is between twenty seventh and twenty
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Speaker 6: eighth Street. So Steve Lanham's Barbershop, which is at the
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Speaker 6: corner of twenty seventh and first is in Kanawa County,
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Speaker 6: and the Peyton Law Firm, which is one block north,
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Speaker 6: is in Putnam County. So the Sunaris rises on us
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Speaker 6: in Putnam County first at the Peyton Law Firm. And
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Speaker 6: it's been a really good run our building. We built
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Speaker 6: the building well, I wanted something bigger. It needed more
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Speaker 6: space space. I was in it was sharing it with
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Speaker 6: another lawyer, and all right, we had like two lawyers
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Speaker 6: and three people. I had to rent extra space up
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Speaker 6: the street and another office building because the case loads
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Speaker 6: were really big. And uh so there was an empty
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Speaker 6: lot on the corner twenty eighth Street and uh an
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Speaker 6: old house behind it and dilapidated. So I bought the
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Speaker 6: lot from call named Jack legg Right. He had the
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Speaker 6: dairy queen there and the house, which was somewhat dilapidated,
3:34
Speaker 6: was owned by a gentleman who lived out on like
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Speaker 6: Frog's Creek and the Kelly's Creek area off Rocky Step,
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Speaker 6: and uh, kind of hard to pin him down, you know.
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Speaker 6: It was just an old, really run down house. It
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Speaker 6: was ray he was renting it, renting it. The other
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Speaker 6: had the tenants and oh, yeah, I want to sell that.
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Speaker 6: I'll get right back with you. Well, I just didn't
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Speaker 6: hear from him. So I called him well, and his
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Speaker 6: wife answered, I said, you know so and so there
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Speaker 6: I said, well, he's not here right now. He's out
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Speaker 6: in the field going to help you. Well, I just
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Speaker 6: want to talk to him about what selling that house.
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Speaker 6: He's going to sell that house. And soon as she
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Speaker 6: heard that he was in the office like the next day,
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Speaker 6: she just climbed his tree. I guess. And you know,
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Speaker 6: if you guys say us to sell it. So we
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Speaker 6: sold bought that one and demolished it and then in
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Speaker 6: built the billing on the two lots and we've been there.
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Speaker 6: It's a really nice building. You know. That's one of
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Speaker 6: the things that I'm proud of about the Peyton Law
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Speaker 6: Farm in our relationship with the community and the people
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Speaker 6: that we work for, the clients we work for, they're
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Speaker 6: always welcome. You can come into our reception area. It's
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Speaker 6: quite comfortable. We've got actually Melanie Matthews, who is our receptionist, bookkeeper,
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Speaker 6: woman Friday jack of all trades. Every office has one.
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Speaker 6: Right two weeks from now November fourteenth, for mark her
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Speaker 6: thirtieth anniversary of employment with the Peyton w Off Firm.
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Speaker 6: You don't get many people who you know, are around
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Speaker 6: that one plays of employment for that long anymore. And
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Speaker 6: so we developed like a one on one with our
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Speaker 6: clients and regular clients. I mean, we're representing now people
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Speaker 6: whose grandparents I did work for uh and it's kind
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Speaker 6: of gratifying. And so you know, if you've suffered an injury,
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Speaker 6: we have a lot of people. I mean I just
5:25
Speaker 6: walked in and said, you know, my wife's killed. A
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Speaker 6: lot of movie likes it that I've been getting pasted
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Speaker 6: by phone calls and all these lawyers. I just want
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Speaker 6: to talk to somebody that I pick And so there
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Speaker 6: were there you go off and running. You can. You know,
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Speaker 6: we don't spend a lot of money or any money
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Speaker 6: on television advertising. You can do that. And I'm not
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Speaker 6: faulting anyone. I mean keeping in mind that advertising lowers barriers.
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Speaker 6: Sometimes you see ads that make claims that, while there
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Speaker 6: may be arguably true, may not be the best fit
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Speaker 6: for you. And if you're looking for a good fit
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Speaker 6: in a law firm, I would advise you to just
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Speaker 6: stop by our office or send us an email through
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Speaker 6: the website Payton Lawfirm dot com, or give us a call.
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Speaker 6: We try it and promise that we'll return every call
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Speaker 6: every day. We can't always do that. Sometimes you get busy.
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Speaker 6: I mean, I get in trouble. I looked on the
6:21
Speaker 6: checked our Google reviews. I got in trouble for you know,
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Speaker 6: some folks call and they want an answer, all right,
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Speaker 6: and it's like, but I can't give you the answer
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Speaker 6: you want, and that just keeps sort of rolling, and
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Speaker 6: you know, sometimes you don't part on really good ways,
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Speaker 6: and then you end up lit up with the anonymity
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Speaker 6: of the internet. Well he wasn't.
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Speaker 5: There's nothing you could do. It reminds me a lot
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Speaker 5: of the people that leave Amazon reviews complaining about the shipping.
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Speaker 5: It's like they're not even complaining about the product. You know,
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Speaker 5: they're complaining about the shipping and they give the product
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Speaker 5: a bad review.
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Speaker 6: I mean, you can't help the lawyer's shipping goes. You know,
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Speaker 6: FedEx UPS Actually my daughter in law, she worked for
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Speaker 6: UPS when George was going to school down Louisville and
7:05
Speaker 6: Christis Union operation.
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Speaker 5: It was.
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Speaker 6: She was well taken care of. When my youngest grandson,
7:11
Speaker 6: Holden was born, she was pregnant. Their insurance took care
7:14
Speaker 6: of it all and she got time off FedEx. However, Uh,
7:22
Speaker 6: I was getting a shipment this week from Chicago. I
7:24
Speaker 6: had a piece of sculpture that I purchased several years ago,
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Speaker 6: like twenty five years ago, and these tornadi wins. I
7:31
Speaker 6: had it mounted outside the house when we had the
7:33
Speaker 6: big wind store in April. It was blown over and
7:35
Speaker 6: actually just tumbled down the street and broken. Uh. So
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Speaker 6: I reached out to the man who made the sculptures,
7:44
Speaker 6: lives in Illinois, New Carlisle, Illinois, taught at Northern Illinois University,
7:51
Speaker 6: and he said, sure, ship it back to me. I'll
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Speaker 6: repair it, sending pictures and so I actually still had
7:56
Speaker 6: the crate that the thing had been shipped in stored
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Speaker 6: over in our barn Saint Albans, and so sent it
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Speaker 6: back and uh, last Friday he said, I've shipped it out,
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Speaker 6: and so you know, you get a notice and follow
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Speaker 6: the tracking and you know, he missed the guy. There's
8:13
Speaker 6: a sticker on the doors because you have to sign
8:15
Speaker 6: for it. Well, then the driver called. You know, I
8:20
Speaker 6: just saw this call pop up and I asked him, said,
8:22
Speaker 6: I just I'm sorry I missed you. Uh. I didn't
8:26
Speaker 6: call him back. It was like an hour after he called,
8:29
Speaker 6: and he was already on his way back to the
8:31
Speaker 6: terminally said, you know, I really feel bad. I always
8:33
Speaker 6: try to call people and they said I'll get there tomorrow. Uh,
8:38
Speaker 6: try and get there around eleven. Well eleven came and went,
8:40
Speaker 6: and so I just called him back, said, oh, listening
8:43
Speaker 6: to the battery was bad in my truck this morning.
8:45
Speaker 6: I'm about ten minutes out. I'll see in ten minutes
8:47
Speaker 6: there he was helped me unload the thing and uh,
8:51
Speaker 6: and then his truck would start because the battery was
8:54
Speaker 6: still bad. So I was left in the parking lot
8:56
Speaker 6: until he had some help. But you know, you can't
8:58
Speaker 6: ask for much better service than that, and pleasant and real,
9:02
Speaker 6: nice fellow. You know, there's so much good in the world.
9:07
Speaker 6: There's so much good in the United States. Right. We've
9:12
Speaker 6: last My wife and I spent most of the last
9:14
Speaker 6: week in Arizona. We went out to see the Mountaineers
9:17
Speaker 6: play Arizona in football. We did see a win man.
9:21
Speaker 6: We went down south a place called Tubac, which is
9:23
Speaker 6: a historical outpost between Tucson and New Galls, Mexico. And
9:32
Speaker 6: it's just stunning, how nice and polite when you're dealing
9:36
Speaker 6: a non partisan, non adversarious situation. How much really good
9:41
Speaker 6: there is in America. I mean, it's the most distressing
9:45
Speaker 6: thing to me about the campaign season is why do
9:47
Speaker 6: you downgrade this country? I mean, we need to have
9:52
Speaker 6: a core set of values. It's a great country. It
9:56
Speaker 6: can be better, right, Uh, It's still one of the
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Speaker 6: freest countries in the world, one of the best places
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Speaker 6: to live. And if it wasn't, people wouldn't be wanting
10:05
Speaker 6: to come here. I mean, these the majority of people
10:08
Speaker 6: who are turned away at the border or who managed
10:12
Speaker 6: to present themselves and make legitimate claims for asylum, want
10:15
Speaker 6: to come here to work, just like everybody else does,
10:19
Speaker 6: just like my grandparents did. My mother's parents came here
10:22
Speaker 6: after the First World War, settled in the coal fields
10:27
Speaker 6: because they wanted to work and didn't want to be
10:28
Speaker 6: in Europe anymore. Because my grandfather had had that. I mean,
10:32
Speaker 6: he got shot up by the Germans, tried to kill him,
10:35
Speaker 6: so he thought, well, I'm getting out of here before
10:39
Speaker 6: it starts again. But I mean, but then again, at
10:44
Speaker 6: the end of the day in Arizona, when you listen
10:47
Speaker 6: to the television, because it's a quote battleground stage there
10:51
Speaker 6: was you think ads are bad here. You should hear
10:56
Speaker 6: what is on the air. But it doesn't seem to
10:59
Speaker 6: truly reflect the nature and the goodwill of most of
11:01
Speaker 6: these people. I mean, I don't know a lot of
11:03
Speaker 6: people who support and say they're going to vote for
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Speaker 6: Donald Trump. And I just said, I don't understand how
11:08
Speaker 6: you can do that. Well I can't. But there's an
11:11
Speaker 6: even fighting with these people about that. I mean, it's
11:14
Speaker 6: or friends. I mean, why would you damage a friendship
11:20
Speaker 6: that you may have had for decades because you have
11:22
Speaker 6: a difference of opinion. The left of the election is
11:24
Speaker 6: going to be over probably by this time next week.
11:28
Speaker 6: I mean, it's not going to be decided. I don't
11:30
Speaker 6: think this election will be decided on November the fifth.
11:34
Speaker 6: Mostly it will be. But you know, then you've got
11:36
Speaker 6: like Pennsylvania, and you know, I've got a lot of
11:42
Speaker 6: friends like that are out of Putnam County and they're all, well,
11:46
Speaker 6: the Demis are going to achieve, and so we'll wait
11:49
Speaker 6: a minute. You know, there are a lot of things
11:51
Speaker 6: I don't know much about, but there are some things
11:54
Speaker 6: I know a lot about. I mean, I know a
11:56
Speaker 6: lot about railroad law because I did it for decades.
11:59
Speaker 6: I know a lot about civil litigation because I've done
12:01
Speaker 6: it for fifty years. And I know a lot about
12:04
Speaker 6: election law, at least as it is in West Virginia,
12:07
Speaker 6: which is pretty reflective of the way things are nationwide,
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Speaker 6: because I've been involved in three major election challenges, one
12:19
Speaker 6: at the municipal level, one at the county level, and
12:22
Speaker 6: one at the circuit court level, all three of which
12:25
Speaker 6: two of them with the Supreme Court to be resolved.
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Speaker 6: And there are poll books, there are lists of voters.
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Speaker 6: There are means in every state of verifying who votes
12:39
Speaker 6: and verifying matching ballots to poll books. So the idea
12:44
Speaker 6: that well, there were one hundred thousand votes more casts
12:47
Speaker 6: than registered voters. It's just preposterous. That is a preposterous allegation.
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Speaker 6: It cannot happen. Or that there were millions of bill
13:00
Speaker 6: legal immigrants in California who voted who weren't on the roll.
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Speaker 6: That's a preposterous allegation. That can't happen. Will there be
13:07
Speaker 6: some shenanigans, of course there will. I mean, look at
13:11
Speaker 6: what is percolating down in Mingo County, which you know,
13:15
Speaker 6: you've got to give the clerk down there the benefit
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Speaker 6: of the doubt. He says they made a mistake and
13:20
Speaker 6: they did not put the proper candidate's name on the
13:23
Speaker 6: ballot for state Senate. It just so happens that the
13:29
Speaker 6: opponent for that seat is from Mingo County, and they
13:33
Speaker 6: haven't had a state senator from Mingo since Truman Chaffin
13:37
Speaker 6: got being in their chad of there. They don't like it.
13:41
Speaker 6: And of course, the majority of the people in that
13:43
Speaker 6: senatorial district are over in Bluefield and the Mercer County area,
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Speaker 6: and you know, who knows what's going to happen there.
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Speaker 6: Seven hundred plus maybe seven hundred and sixty folks had
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Speaker 6: voted early before this mistake on the ballot was pointed out.
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Speaker 6: We'll just have to watch that one and see what happened.
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Speaker 6: But when the when the election's over, it's over. I
14:04
Speaker 6: mean who who wins? You know, it's horrible thing that
14:08
Speaker 6: happened the last time was just hopefully it's just a
14:10
Speaker 6: one off, right. I mean there have been bitterly contested
14:14
Speaker 6: elections in the United States. About Thomas Jefferson when he
14:20
Speaker 6: beat John Adams, made John Adams a one term president
14:25
Speaker 6: and said that Adams was a morphin nite. That was
14:29
Speaker 6: that was just one of his campaigns.
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Speaker 5: Oh yeah, actually I did. I forgot that. I knew
14:34
Speaker 5: that It's pretty scandalous.
14:36
Speaker 6: Well, but yeah they were today they were, yeah, and
14:39
Speaker 6: they were cartoons of uh, Abraham Lincoln is a monkey
14:44
Speaker 6: because he's tall and gangly, and uh.
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Speaker 5: John Adams for they and them, not for you.
14:51
Speaker 6: So I mean we've always had pretty contentious but political
14:54
Speaker 6: uh rancor in the United States. We've had violence. You know,
14:57
Speaker 6: you think, uh, we've had four presidents assassinated. I mean,
15:03
Speaker 6: that's that's not an insignificant number in a country that's
15:07
Speaker 6: what two hundred a little over two hundred plus years,
15:10
Speaker 6: I don't have had legitimate attempts, the last being on
15:13
Speaker 6: a former president. The guy there in Pennsylvania. He was
15:17
Speaker 6: head bad aim or he would have killed Donald Trump.
15:19
Speaker 6: All to the worst for the country. Everybody. Thank goodness
15:25
Speaker 6: it didn't happen. And you know, you wish all these
15:28
Speaker 6: candidates the best. But we'll see. Uh, maybe next week
15:34
Speaker 6: we'll be talking about something besides election contests, and and
15:40
Speaker 6: you never know again, never know. It's like trying to
15:42
Speaker 6: pick out what a jury will do. You know, when
15:44
Speaker 6: people say, well, what do you think this jury's going
15:47
Speaker 6: to do? Or how's it going? You know they've been
15:49
Speaker 6: out for four hours? What does that mean? And ry
15:53
Speaker 6: area's interests? I don't know what it means. I've been
15:55
Speaker 6: doing this a long time. I don't know what it means.
15:57
Speaker 6: I've seen enough contrary jury result el to convince me
16:01
Speaker 6: that you know, twelve people or six people who are
16:05
Speaker 6: really serious about doing their duty. I don't know what
16:10
Speaker 6: strikes them as being germane or relevant to an issue.
16:16
Speaker 6: It may be something that the lawyers completely didn't think about.
16:19
Speaker 6: I've seen that happen, so we'll see what happened. I mean,
16:21
Speaker 6: the election could be an electoral College landslide one way
16:25
Speaker 6: or the other, and you almost hope that that's what happens.
16:30
Speaker 6: So it quells things. I mean there's a lot of
16:32
Speaker 6: you see, well there's a concern about violence of former
16:37
Speaker 6: President Trump loses and it's closed. Well, I'm not concerned
16:41
Speaker 6: about that. I mean, January sixth was a disgrace. I
16:48
Speaker 6: think the country's learned its lesson. People are sick of that.
16:52
Speaker 6: We're going to see not tomorrow, in addition to being
16:56
Speaker 6: the thirty eighth anniversary of our new building in Nitro
17:01
Speaker 6: going down to North Carolina again to visit my youngest grandson.
17:05
Speaker 5: How's things going there?
17:06
Speaker 6: Well, actually he was upbeat. I spoke to him yesterday
17:11
Speaker 6: because yesterday was his birthday forty three. So got my
17:17
Speaker 6: youngest child is forty three years old. Are to imagine
17:20
Speaker 6: that time flies? Well, you know, he lives in Swannanoa,
17:27
Speaker 6: which was like ground zero for the damage to the flood.
17:30
Speaker 6: Ashville sustained some damage in the low lying areas along
17:35
Speaker 6: the French Broad River. Black Mountains sustained some damages in
17:39
Speaker 6: the areas that are low lying down, but not the
17:43
Speaker 6: way Swannoed and Swana Knowoa. It stretches for probably four
17:47
Speaker 6: or five miles along Old Route seventy, right by the
17:50
Speaker 6: Swananoa River. Fortunately, Georgia's home was up higher elevation, but
17:57
Speaker 6: most of the business district, stores, restaurant shops, gas stations
18:03
Speaker 6: in Swana Noah is just devastated. But they're bouncing back
18:10
Speaker 6: because I think I mentioned last a week before last. Uh,
18:16
Speaker 6: the biggest hurt that George has is and the folks
18:19
Speaker 6: Dow said, is the politicization of the relief efforts. I mean,
18:24
Speaker 6: he has applied for and received assistance from FEMA and
18:29
Speaker 6: for the business that he and his brother Casey started
18:33
Speaker 6: back in July that was certainly shut down by the flood.
18:38
Speaker 6: He's got an application in for SBA loan assistance, which
18:43
Speaker 6: he's been assured, you know, you qualify, but as soon
18:47
Speaker 6: as Congress appropriates some money, then we'll be able to
18:49
Speaker 6: make you an offer and let you know what we
18:51
Speaker 6: can lend you to get back on your feet. So
18:54
Speaker 6: hopefully after the election, Mike Johnson will find it in
18:57
Speaker 6: his cold little heart reconve Congress and appropriate some money
19:02
Speaker 6: for these disaster victims. And that's you know, that pretty
19:07
Speaker 6: much wraps up what I've been doing. Tom's been quite busy. Actually,
19:10
Speaker 6: he's on his way to Rome County today at a
19:12
Speaker 6: criminal matter. I used to have a pretty big criminal
19:15
Speaker 6: law practice, not anymore, and he's really busy. We're always
19:23
Speaker 6: really busy with civil cases, automobile accidents, people who have
19:28
Speaker 6: been injured at work or suffer a financial injury, you know,
19:34
Speaker 6: perhaps they can't get paid by an insurance company, claims
19:37
Speaker 6: are wrongfully denied, so we've got a pastel of those.
19:42
Speaker 6: And the other thing is because we're small. We're not
19:47
Speaker 6: small time, but we are small and we're some verious,
19:49
Speaker 6: so we can be very selective about the cases we
19:53
Speaker 6: take and honestly tell folks, look, this is not a
19:58
Speaker 6: matter we can help you with. We can't get over burdened.
20:02
Speaker 6: You know you don't want to go. I mean, television
20:05
Speaker 6: makes the phone ring, radio makes the phone ring. We'd
20:08
Speaker 6: get a lot of calls from people who've been listening
20:10
Speaker 6: because we've been doing this for over twenty five years.
20:14
Speaker 6: But if you get more than you can handle, then
20:19
Speaker 6: that's not doing any service to your clients. And then
20:23
Speaker 6: if you get to the point where you just have
20:25
Speaker 6: to expand rapidly to adjust to a swelling case load
20:30
Speaker 6: that you've advertised for. Well, how's that fear to your clients?
20:34
Speaker 6: So are you not better to find yourself a niche
20:36
Speaker 6: in the community, be a part of the community, advertised
20:41
Speaker 6: a little like we do here on the radio. We
20:43
Speaker 6: do some toomdus, some billboards, We sponsor a lot of things,
20:48
Speaker 6: help a lot of people, and get your business the
20:51
Speaker 6: old fashioned way by word of mouth from people who
20:53
Speaker 6: are satisfied with the work you've done. And so that's
20:57
Speaker 6: who you can see. If you've offered a loss, then
21:02
Speaker 6: give us, just give us a thought. I can't tell
21:05
Speaker 6: anybody who to hire not to hire, and I'm not
21:08
Speaker 6: going to to presume to do that, but I would
21:13
Speaker 6: say that if you give us a look, you won't
21:16
Speaker 6: be dissatisfied, and you don't have to hire us, right,
21:19
Speaker 6: I mean, people can shop around and pick and choose
21:21
Speaker 6: a lawyer, and I would advise that you kind of
21:24
Speaker 6: do that and talk about money. I mean, you don't
21:27
Speaker 6: just wander in and say, Okay, I'm going to sign
21:31
Speaker 6: this contract to give you forty percent of what I
21:34
Speaker 6: get without talking to the lawyer about well, why is
21:38
Speaker 6: it that high? This case is absolute liability, and it
21:42
Speaker 6: seems to me, like what kind of work are we
21:45
Speaker 6: getting into here, and what's going to be a reasonable fee?
21:50
Speaker 6: And we talk to people about that all the time.
21:53
Speaker 5: It seems to me that that and I know that
21:55
Speaker 5: you and Tom do this very well and just observationally,
21:59
Speaker 5: in my experience, there's a certain reverence for people that
22:02
Speaker 5: practice law and for attorneys. There's at times. I'm sure
22:05
Speaker 5: you don't get it all the time, but with somebody
22:06
Speaker 5: is seeking help, sometimes they don't feel like even they
22:10
Speaker 5: think since they're solictening to someone that they shouldn't have
22:13
Speaker 5: that they don't advocate for themselves, like this is the price, okay,
22:16
Speaker 5: I'll pay. You know, you should ask questions. It's okay
22:18
Speaker 5: to ask questions and to not grill the person that
22:23
Speaker 5: you're talking to, but it is okay to ask questions
22:25
Speaker 5: and try to get some background information, ask why this
22:28
Speaker 5: is that, and and other things. Another way, it's okay to.
22:30
Speaker 6: Ask this question it is and what happened? And a
22:35
Speaker 6: sort of a distortion of a well intentioned opinion by
22:39
Speaker 6: the United States Supreme Court back in nineteen seventy eight.
22:43
Speaker 6: It was the state bar of Arizona at one time
22:48
Speaker 6: in every state in this state, I mean, we had
22:51
Speaker 6: a Kanawha County Bar Association that had a recommended fee
22:56
Speaker 6: schedule a lawyers, there's what you just market manipulation to
23:01
Speaker 6: prop up income and advertising your son could only be
23:05
Speaker 6: so big. It couldn't hang out very far from the building.
23:09
Speaker 6: There was a limitation on how big an ad could
23:11
Speaker 6: be in the phone book. And really it was a protectionism,
23:15
Speaker 6: price protectionism. And so in Arizona, a public interests law
23:21
Speaker 6: group wanted to run advertisements to help people with domestic relations,
23:25
Speaker 6: family law, and transactional business. When they did well, the
23:29
Speaker 6: State Bar of Arizona then tried to discipline the lawyers.
23:33
Speaker 6: That went to the United States Supreme Court. We said, well, look, sure,
23:36
Speaker 6: it's a learned profession. There's no question there's an amount
23:40
Speaker 6: of dignity and reserve that should be attached. But it
23:46
Speaker 6: also is commercial speech. The public has the right to
23:49
Speaker 6: know to hear what is there to be offered, and
23:55
Speaker 6: the benefit will be that services will become available, there'll
23:59
Speaker 6: be price competition, there'll be more just open discussion of
24:04
Speaker 6: the mystique of legal services maybe diminished. And so you know,
24:10
Speaker 6: these absolute bands on advertising or flat out fee fixing,
24:13
Speaker 6: they're just on cost too, so it violates the rights,
24:17
Speaker 6: the First Amendment rights of the profession. Well that was
24:22
Speaker 6: you know, that was an admirable Uh, but that's not
24:25
Speaker 6: what's happened. What has happened is, uh, everybody wants a
24:31
Speaker 6: million dollar truck accident, and people advertise, oh, we need
24:37
Speaker 6: to take a break.
24:37
Speaker 5: You know, let's take a break and then take a
24:39
Speaker 5: phone call.
24:39
Speaker 6: Okay, we do that.
24:40
Speaker 5: Okay, let's do this. Let's call her a hold on,
24:42
Speaker 5: hold on the line. We'll be with you in just
24:43
Speaker 5: a second. By the way, you can call this morning
24:45
Speaker 5: as well, a little different number right now, you can
24:47
Speaker 5: call our main line numbers three zero four, three four
24:49
Speaker 5: two eight one three to one. Again, that's three zero
24:51
Speaker 5: four three four two eight one three one. Just for
24:53
Speaker 5: this show. We want to make sure we could get
24:55
Speaker 5: calls in for the Payton Law Firm. This morning. We're
24:57
Speaker 5: still working on our studios and getting to this ancillary
25:00
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25:02
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25:04
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25:05
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25:08
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25:09
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25:11
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25:13
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25:15
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25:18
Speaker 5: P E y t O N. We'll be back right
25:19
Speaker 5: after this. You're listening to ask the lawyer. Five a
25:21
Speaker 5: ewchs the voice of Charleston.
25:24
Speaker 7: Here in West Virginia. Every season, maybe truck season, but
25:27
Speaker 7: this fault. You're not going to find deals anywhere in
25:30
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25:33
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25:36
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25:39
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25:40
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25:43
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25:52
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25:55
Speaker 7: their business the old fashioned way by making friends. There
25:58
Speaker 7: are no gimmicker games here, just honest, fair deals. And
26:01
Speaker 7: if you've got an old card that you want to
26:02
Speaker 7: get rid of, don't forget. Walker is still buying cars too.
26:05
Speaker 7: All mixing models are welcome and you're gonna get top
26:07
Speaker 7: dollar for it, even if you plan to buy somewhere else.
26:10
Speaker 7: But don't wait until the winter weather advisories go up.
26:13
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26:16
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26:18
Speaker 7: Nitro exit of I sixty four. Walker Chevrolet, making friends,
26:22
Speaker 7: one deal at a time.
26:24
Speaker 4: Put the power paype on the side. We have a
26:29
Speaker 4: court room experience.
26:31
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26:33
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26:37
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26:44
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26:49
Speaker 3: up base.
26:51
Speaker 5: You can put the power of Peyton on your side
26:52
Speaker 5: this morning. Three zero four three four two eight one
26:54
Speaker 5: three one three zero four three four two eight one
26:56
Speaker 5: three one Peyton Lawfirm, dot Com and Nitro West Virginia
26:59
Speaker 5: have a caller on line now. They called that number
27:01
Speaker 5: three or A four three four two eight one three one.
27:03
Speaker 5: Good morning caller. How you doing this morning? What's your
27:04
Speaker 5: first name?
27:05
Speaker 8: Bob?
27:06
Speaker 5: Hey, Bob, how are you doing this morning?
27:08
Speaker 9: Doing good?
27:09
Speaker 5: What's your question for Harvey?
27:11
Speaker 9: On the candidate being left off as a ballot in
27:16
Speaker 9: Mingo County.
27:17
Speaker 6: Yeah, if that guy.
27:19
Speaker 9: Was at least a halfway popular and a serious candidate,
27:25
Speaker 9: wouldn't you have thought that his name would have been
27:30
Speaker 9: noticed missing before seven hundred and fifty people voted. It
27:36
Speaker 9: looks like at least one of those seven fifty going
27:40
Speaker 9: in there to vote would have intended to vote for him,
27:45
Speaker 9: and notice that he wasn't on the ballot.
27:48
Speaker 6: Well, yeah, I mean that that that certainly is a
27:51
Speaker 6: valid point. I think the position of the candidate is. Look,
27:58
Speaker 6: it's territorial. Mercer County had swap in the Senate, and
28:06
Speaker 6: they have the biggest block of voters in the Bluefield
28:09
Speaker 6: Princeton area. Then you've got I think the district winds
28:14
Speaker 6: its way through Wyoming or perhaps lower mcdoal and into Mingo.
28:22
Speaker 6: I doubt that this candidate even campaigned in Mingo County,
28:27
Speaker 6: because you know, geography rules the world, and these elections,
28:33
Speaker 6: he won't going to get many of those seven hundred
28:35
Speaker 6: votes anyway. But I think your point's well taken, and
28:39
Speaker 6: that's something that will be addressed if the race comes
28:42
Speaker 6: down to less than seven hundred and eighty votes. Obviously,
28:45
Speaker 6: if somebody wins by eight hundred, then it doesn't make
28:50
Speaker 6: any difference. If you gave every one of those votes
28:52
Speaker 6: to the opponent, it wouldn't swing the election. It's really
28:56
Speaker 6: we'll just have to wait and see. But I mean,
28:58
Speaker 6: that's a really good point and taken. Why did it
29:01
Speaker 6: take that long to notice this if there were voters,
29:07
Speaker 6: I mean, and it's partisan, I mean, the Mingo County candidate,
29:14
Speaker 6: the candidate who lives in Mingo County is a Republican.
29:17
Speaker 6: The candidate from Mercer County is a Democrat. Now he's
29:20
Speaker 6: a conservative. He's backed by the Chamber of Commerce, and
29:23
Speaker 6: he's worked for some trading business groups in Bluefield. Actually
29:29
Speaker 6: understand quite popular. But he would think that if you're
29:34
Speaker 6: a registered Democrat Mingo County and you go in there
29:37
Speaker 6: and you look and well, wait a minute, that guy
29:41
Speaker 6: he was taking off the ticket, which is what happened.
29:43
Speaker 6: I mean, the nominee in the primary who was on
29:47
Speaker 6: the Democrats side didn't file their financial reports in a
29:50
Speaker 6: timely fashion, and the Secretary of State ordered them remove
29:54
Speaker 6: from the ballot. And so the Democratic Executive Committee for
29:59
Speaker 6: that SENATORI district named the candidate who is now on
30:04
Speaker 6: the ballot, but whose name was omitted at first it's
30:07
Speaker 6: just a mess. Really, we'll see that comes out. But yeah,
30:13
Speaker 6: you would think that if you're a Democrat, you would
30:15
Speaker 6: know the name of your candidate and notice when you
30:20
Speaker 6: go in to vote, Well, so what do you do.
30:25
Speaker 6: Do you go back now and say, well, every vote
30:30
Speaker 6: cast for the Democratic candidate whose name was wrongfully on
30:34
Speaker 6: the ballot should be a lotted to the Democrat who
30:38
Speaker 6: should have been on the ballot. I mean, you can't
30:41
Speaker 6: go back and revote because once those the pole slips
30:48
Speaker 6: are canceled out, you turn that ballot in and there's
30:50
Speaker 6: complete anonymity. We know there's seven hundred and sixty ballots
30:55
Speaker 6: in the box, but you don't know who cast them.
30:57
Speaker 6: Of the seven sixty, you can't match one to the other.
30:59
Speaker 5: Is there any way if the margin was less than
31:02
Speaker 5: like eight hundred or something like that, that they could
31:05
Speaker 5: do a special election just for that.
31:07
Speaker 6: A You know, I don't think so, but you know,
31:09
Speaker 6: the Secretary of State's office. It's one thing that Mike
31:14
Speaker 6: Warner has done a good job with, and that is
31:18
Speaker 6: close oversight of elections. I noticed that on your show
31:21
Speaker 6: today you had a on the news you interviewed somebody
31:25
Speaker 6: from the Secretary of state's office. So I thought gave
31:27
Speaker 6: you know, pretty coge and answer to the question, Uh, Bob,
31:31
Speaker 6: we'll just wait. We'll talk about this in a week.
31:34
Speaker 5: You know, we'll see what happens. Then, by the way,
31:36
Speaker 5: appreciate your phone call. That phone line open for you.
31:39
Speaker 5: Three four two eight one three threes are a four
31:40
Speaker 5: three four two eight one three one.
31:42
Speaker 6: Oll and But those are the sort of things that
31:45
Speaker 6: just crop up. And they crop up because anything that's
31:50
Speaker 6: operated by human beings is not going to be perfect.
31:53
Speaker 6: And the lack of one mistake or the occurrence of
31:58
Speaker 6: a single mistake a county clerk or a circle clerk somewhere,
32:02
Speaker 6: whoever the election officer is, doesn't equate to massive nationwide
32:08
Speaker 6: fraud if there were any, if there were any such
32:10
Speaker 6: a thing in the twenty first century, how would you
32:13
Speaker 6: hide it? I Mean, it's one thing that you can say, well,
32:18
Speaker 6: government's completely incompetent, but they're really smart enough in government
32:24
Speaker 6: to cover up millions of illegal votes. That's just a paradox,
32:29
Speaker 6: that's a contradiction in logic.
32:32
Speaker 5: We just haven't seen anything that would. I mean, even
32:34
Speaker 5: that famous, the notorious movie that was released that supposedly
32:38
Speaker 5: had all the footage and stuff like that. Like that
32:40
Speaker 5: guy had to recant the entire thing and take it
32:42
Speaker 5: to take it offline from being able to be sold
32:45
Speaker 5: because he was under such threat of getting sued for slander.
32:51
Speaker 2: It was it decuser or whatever.
32:53
Speaker 6: Yeah, he's got another one out there.
32:54
Speaker 5: I mean, and this this happens all the time where
32:57
Speaker 5: they they were there. The evidence gets absolutely a blue iterated.
33:00
Speaker 5: But then the fact that the evidence gets obliterated somehow
33:04
Speaker 5: becomes evidence of the thing. It's the it's the most incredible.
33:09
Speaker 6: Absence. But yeah, there was actually a result in a
33:12
Speaker 6: voter alleged voter fraud but misconduct case down in Virginia
33:17
Speaker 6: this week.
33:18
Speaker 5: Uh, we have another call, Yeah we do. We do
33:21
Speaker 5: have another phone line. The phone caller that's come on
33:23
Speaker 5: this morning a caller, Go ahead, you're on the air.
33:25
Speaker 5: What's your first name?
33:26
Speaker 7: Uh?
33:27
Speaker 8: This is Chris Bodray, congressional candidate in the Southern District.
33:31
Speaker 8: Thanks thanks for putting me in.
33:32
Speaker 5: Guys, Sure, what's go ahead.
33:35
Speaker 8: I've been following y'all's back and forth on the election
33:38
Speaker 8: in my race. I stirred up a little bit of
33:41
Speaker 8: consternation from the Democratic faithful because I refused to back
33:45
Speaker 8: Harris or Trump.
33:49
Speaker 6: Okay, well you're starting to have right to do, Yeah,
33:51
Speaker 6: no doubt.
33:52
Speaker 8: Yeah. So anyway, I just appreciate your in depth analysis
33:58
Speaker 8: of the election and in Harvey's insight there. I'm looking
34:03
Speaker 8: forward to Dave Allen's show here. We're going to have
34:06
Speaker 8: Lenda Bodie on later on.
34:08
Speaker 6: Well, good thanks for calling in. And it probably I
34:12
Speaker 6: would think in a if you're a Democrat running for office,
34:15
Speaker 6: that the that the refusal to endorse either candidate's probably
34:20
Speaker 6: a smart thing to do to me in this state. Now,
34:23
Speaker 6: if you were you know, if you were in a
34:26
Speaker 6: district in Pennsylvania or maybe Ohio would be different. But
34:30
Speaker 6: I to me that sounds.
34:35
Speaker 5: In this area. I mean, I mean you've got to
34:37
Speaker 5: go with your conscious too. I mean, if that's what
34:38
Speaker 5: you're christoph that's what you're actually doing with your conscious,
34:41
Speaker 5: if that's what If that's how you're feeling this.
34:43
Speaker 6: I think there are a lot of people that I
34:45
Speaker 6: speak with, and a lot of feeling among people from
34:48
Speaker 6: both Republican and Democratic parties who aren't happy with either candidate.
34:53
Speaker 6: And it's how did we get here? How did we
34:56
Speaker 6: get to this point? And you know, I've got really
35:00
Speaker 6: good friends who are lifelong Republicans who just hold their
35:05
Speaker 6: hands up and say it. I don't know if I
35:07
Speaker 6: can hold my nose and do this. And I've got
35:11
Speaker 6: you know, I'm a lifelong DEMI and I've got a
35:13
Speaker 6: lot of friends and family members who are Democrats. And
35:15
Speaker 6: you know, I wish this hadn't happened this way. That's
35:19
Speaker 6: not what I thought we were getting when we voted
35:22
Speaker 6: for Joe Biden. I thought we were getting a transitional candidate,
35:25
Speaker 6: and then it sort of morphed through the elites in
35:29
Speaker 6: the party hierarchy to where we are now. It's not
35:34
Speaker 6: going to change a vo I'm gonna vote for the
35:38
Speaker 6: Harris Walls ticket. I'm in a secret I just don't
35:41
Speaker 6: think that the other candidate it's fit to be president.
35:45
Speaker 6: But that's I mean, that's my opinion, and everybody's entitle
35:48
Speaker 6: of their own. We we'll just see what happens next week.
35:51
Speaker 6: Whatever happens, I hope that we find some there's some solidarity.
35:54
Speaker 6: I mean, there's certain core principles that the United States
35:57
Speaker 6: stands for. We have one minute. Well, let's talk about
36:00
Speaker 6: the Peyton Law Firm. It's not about politics, it's about performance.
36:04
Speaker 6: And we at the Peyton Law Firm perform and perform
36:07
Speaker 6: quite well for our clients. And we have I combine
36:11
Speaker 6: seventy plus years of experience a vigorous representation to people
36:16
Speaker 6: who've been hurt, who suffered a loss, who just need
36:20
Speaker 6: some help. I mean, we are here to help people.
36:23
Speaker 6: And if you need some help, we feel like you
36:26
Speaker 6: need some advice, do not be afraid to call us
36:28
Speaker 6: three oh four seven five five fifty five fifty six,
36:32
Speaker 6: go online to Peyton Law Firm dot com, send us
36:36
Speaker 6: an email. We'll get back with you or stop by
36:39
Speaker 6: the office and if either Tom or I are there,
36:41
Speaker 6: then we'll take time to see you. And if we
36:43
Speaker 6: can't take time right then we'll make you an appointment
36:45
Speaker 6: to come in and our initial consultations. Never we've never
36:50
Speaker 6: charged anyone to see if they have a case. Period.
36:54
Speaker 6: If you don't have a case, we'll be honest and
36:56
Speaker 6: tell you we do have a case. We'll tell you
36:58
Speaker 6: that and what we can do for you. As far
37:01
Speaker 6: as representation, I think that's what you're entitled to from
37:05
Speaker 6: any lawyer you deal with.
37:07
Speaker 5: That's great stuff. That's the Payton Law Firm, that's Harvey Payton.
37:09
Speaker 5: You can put the power of Peyton on your side again.
37:11
Speaker 5: Next Thursday morning at eight twenty we'll have the Payton
37:13
Speaker 5: Law Firm here. Tom or Harvey will be about to
37:15
Speaker 5: take your calls and answer your questions. It will be
37:17
Speaker 5: just after the election, so there might be some things
37:19
Speaker 5: to talk about. Maybe the lesser the better. As hard
37:22
Speaker 5: as I'm com better, that's absolutely true. Stay tuned. Dave
37:25
Speaker 5: Island is coming up next on five to eighty Lave
37:27
Speaker 5: Hopey urchible. After that, I'll be back this afternoon at
37:29
Speaker 5: three oh six on hotline with Dave Weekly. Have a
37:32
Speaker 5: great day everyone. On five eighty w c HS The
37:34
Speaker 5: Boys of Charleston.
37:43
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37:49
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