Welcome back to Common Sense Ohio, where we bring reason, debate, and real-world perspectives to the pressing issues facing Ohioans and the nation at large.
In this episode, the conversation focused on the two-year anniversary of the Dobbs decision, examining its impact on abortion access and the complexities surrounding constitutional rights versus state governance. The discussion explored the historical lessons of the Berlin Blockade, the symbolism of walls in free versus unfree societies, and the everyday freedoms many Americans might take for granted.
A key theme that emerged was the evolution of revolutionary ideals in America, contrasting the independence and opportunity sought by early patriots with the contemporary push for social programs and government intervention. Several points were raised, including the consequences of collectivism, the sustainability of social benefits, and the responsibilities tied to individual freedom.
The episode also tackled current legal debates, such as religious expression in the workplace, the intersection of marijuana laws and gun rights, and the ongoing challenges posed by federal versus state inconsistencies. On a local front, the hosts offered a deep dive into Ohio’s handling of data centers, economic incentives, government transparency, and land use, all while addressing concerns over special interests and environmental impacts.
Finally, listeners can expect thoughtful takes on the future of the death penalty in Ohio, Supreme Court term limits, and recent news stories that underscore the importance of personal responsibility and national unity—even when passions run high. All this and more, delivered with a blend of historical perspective, legal acumen, and, of course, a dose of common sense.
Recorded at the 511 Studios, in the Brewery District in downtown Columbus, OH.
Copyright 2026 Common Sense Ohio
Stephen Palmer is the Managing Partner for the law firm, Palmer Legal Defense. He has specialized almost exclusively in criminal defense for over 26 years. Steve is also a partner in Criminal Defense Consultants, a firm focused wholly on helping criminal defense attorneys design winning strategies for their clients.
Norm Murdock is an automobile racing driver and owner of a high-performance and restoration car parts company. He earned undergraduate degrees in literature and journalism and graduated with a Juris Doctor from the University of Cincinnati College of Law in 1985. He worked in the IT industry for two years before launching a career in government relations in Columbus, Ohio. Norm has assisted clients in the Transportation, Education, Healthcare, and Public Infrastructure sectors.
All right, it is that time again. Common Sense, Ohio. I missed
Speaker:it last week. I just felt like I was. Everything was off. I
Speaker:felt like nothing made sense. And the weather
Speaker:was spectacular. There was just no sense of the world. If you felt that way
Speaker:too, it's because you didn't get your weekly dose of common sense. But we're back.
Speaker:June 26, 2026. Interestingly, you know,
Speaker:it's funny. History is a funny teacher,
Speaker:you know. Yeah. And two years ago today, the Dobbs decision
Speaker:has been that long. Right. Dobbs, basically
Speaker:eliminating the fictitious constitutional right to get an abortion. Right,
Speaker:right. The penumbra. The penumbra. Right. Do
Speaker:the math or do the research. Look, yeah.
Speaker:Even liberal legal
Speaker:scholars like Ruth Bader Ginsburg knew this
Speaker:new. That it was complete bullshit. Yeah.
Speaker:Roe was an invent anyway, that was two years ago today. But in the Cold
Speaker:War. So going back to 19.
Speaker:Oops. Going back to
Speaker:1948,
Speaker:I believe. Let me make sure I got the year right, because I was. And
Speaker:while you're checking that, I think it's good to mention that abortions are
Speaker:actually up about 10% since
Speaker:Dobbs. Is that right? Yeah. And what they say is, because
Speaker:the whole mail order thing, where you
Speaker:can get the day after pills
Speaker:went nationwide, and basically
Speaker:even Trump's DOJ said, hey, this is a state issue from
Speaker:now on. Yeah. And this was the argument I always had. There's no federal
Speaker:enforcement. To be intellectually honest about this, I always
Speaker:said, look, first of all, I don't agree with
Speaker:abortions. I. I have my own opinions on that based on logic, reason,
Speaker:and common sense, as well as some of my
Speaker:religious beliefs. Right, right. But aside from that,
Speaker:this was a constitutional debacle. There was
Speaker:never written in the Constitution a right to go get an abortion. No. It was
Speaker:foolish. It made no sense. And I used to argue with even the most
Speaker:stringent, like other academics and lawyers, and they would argue with me, and I'm
Speaker:like, listen, just because you get rid of the constitutional right doesn't mean you're gonna
Speaker:get rid of abortions. It's gonna go to the state level. Yeah. And I
Speaker:used to predict this. There'll probably be more abortions. Yeah, there have been.
Speaker:Because, you know. Anyway. So. Yeah. But anyway, turning
Speaker:back to the Berlin Blockade, Norm, 1948.
Speaker:Oh. You know, we decided long ago after. We decided after
Speaker:the war that we weren't gonna go fight the Soviets. America didn't have the stomach
Speaker:for it, and I don't blame him. Yeah. We just chopped up Europe a little
Speaker:bit. Yeah. You take that. We'll take this. In fact, let's just cut Berlin in
Speaker:half. Yeah, yeah. And create these zones where France,
Speaker:Britain, Russia and the United
Speaker:States, the four Allied powers,
Speaker:you know, they chopped off Germany and they administered,
Speaker:you know,
Speaker:the affairs of their district. And they kind of did
Speaker:that with Berlin and the three powers, the
Speaker:three non Russian, created this West
Speaker:Berlin district. And the Russians were like, hey,
Speaker:it's a little. All of Berlin was floating like an island
Speaker:in their administrative area. And they were like, well,
Speaker:we'll just take it. We'll just take. Yeah, we'll
Speaker:deny you a route to resupply
Speaker:the part of Berlin that you supposedly are
Speaker:administering. So we did this airlift that you're talking about, Berlin
Speaker:airlift. Go read about it. It's really sort of fascinating. And
Speaker:we took casualties. What dawned on me is this, with all
Speaker:this immigration and border and all this other crap,
Speaker:what you never see out of a free country
Speaker:is a wall that keeps people in. That's right. Ever.
Speaker:Yeah, ever. Right. And that's what
Speaker:inevitably occurs in these types of
Speaker:communist countries. That's right. People want to leave.
Speaker:They don't want to stay there because it sucks. Yeah. And I remember as
Speaker:a kid watching a movie, I think Disney made it, it was about a family
Speaker:who was trapped in the east and they took a balloon right over
Speaker:the Wall. And I remember also as a. Maybe I
Speaker:must have been 12 years old, going to visit the Berlin Wall. I mean, there
Speaker:were guards on the top with guns, not to keep
Speaker:us out, but to keep them in. Yeah, exactly. Now, we couldn't just storm it
Speaker:either, but they had the Zone and everything else. I mean, it's just crazy
Speaker:times. And what you say goes back to antiquity. Hadrian's
Speaker:Wall, you know, that the Romans built in England to
Speaker:keep the wild Celts
Speaker:out of the Roman part of
Speaker:Britain, the Great Wall of China, you know, again,
Speaker:to keep the Mongols out. Yeah, that was to keep the marauders out.
Speaker:Exactly. But it wasn't to keep their people in. You could always leave.
Speaker:But the thing is, when you have a good free country like ours, people don't
Speaker:want to leave. No, you're bs. You don't want to leave. Suddenly we're finding
Speaker:out, or the media is fighting out with all these World cup
Speaker:fans in America from Europe,
Speaker:that all this terrible perdition that they were
Speaker:reading about and hearing about on like the BBC and
Speaker:other foreign media, they come to America and they're like,
Speaker:this place rocks. They're even singing our national
Speaker:anthem in bars at night, like
Speaker:the Scottish fans after America beat
Speaker:Australia singing our national anthem. It's pretty incredible, isn't it? I mean,
Speaker:it just blow me away. It's like, yeah. So they kind of like,
Speaker:you know, once they experience things, they kind of like it. You know,
Speaker:they're like, you guys have a lot of freedom here. You could do what you
Speaker:want. You could. You know, you have so much
Speaker:material choices to make here, whether it's
Speaker:food or, you know, retail shopping.
Speaker:It's just unbelievable what your market economy has
Speaker:allowed you to have, rather than a command economy. Well, and what's
Speaker:fascinating, I've told this story probably on this show and lots of times in my
Speaker:real life. I represented some folks one time that were Armenians,
Speaker:but they came from old Soviet times. Wow.
Speaker:Yeah. And they came here and they, you know, they started
Speaker:businesses, they did whatever. And the guy just looked at me and goes, you people
Speaker:are nuts. Yeah. You can do whatever you want here. Right. What are you
Speaker:complaining about? Exactly? You can just go start a business. Right. Go do
Speaker:it right now. You can also fail. There's
Speaker:an analog. So you ever play chess? Sure. Yeah.
Speaker:There's an old analogy, like when the chess piece is in the middle of the
Speaker:board, so your queen's in the middle, it has the most impact because she
Speaker:can go all sorts of places. She's in a corner. She can all go like,
Speaker:we're in the middle of the board here, guys. You got the queen in the
Speaker:middle of the board. You can do whatever you want. Now. You can also
Speaker:go commit suicide. You can also decide to do nothing and
Speaker:stay there. And then somebody's pawn is going to take you. Yeah. With that freedom
Speaker:comes responsibility. Yeah. So I was thinking about this.
Speaker:You brought up something that happened on this
Speaker:date, and really not a signal
Speaker:kind of event occurred during the Revolutionary War period, but
Speaker:more debate on June 24 about how
Speaker:to declare independence. Whether to declare independence.
Speaker:This is within the Continental Congress, and they're considering this
Speaker:resolution by William Henry Lee,
Speaker:you know, curiously enough, Robert E. Lee's great grandfather. Oh, is that right?
Speaker:Yeah, yeah, yeah. So, you know, who would himself
Speaker:lead a revolution against America
Speaker:of his own kind as a Confederate commander. But at any
Speaker:rate, I was thinking about the contradiction between the
Speaker:election results last night and what they were debating
Speaker:in the Continental Congress. And give me a minute here.
Speaker:So I'm thinking of what American revolutionaries
Speaker:were, like, 250 years ago. Okay. They were largely
Speaker:British educated. They were from British families. They were of
Speaker:the mercantile class. Right. So they had a stake
Speaker:in Adam Smith economics.
Speaker:Like, work, your Ass off. You have
Speaker:an opportunity. If we get our freedom from the King,
Speaker:we'll have an opportunity not for an equal
Speaker:outcome, but for an equal opportunity to succeed
Speaker:everybody in this country. Then you
Speaker:won't have these onerous taxes, you won't have
Speaker:impressment, you won't be forced to house
Speaker:British soldiers in your house. All of these
Speaker:things in our Bill of Rights and in our constitution will be in play
Speaker:is what they're envisioning on June 24,
Speaker:1776, as opposed to the revolutionaries today.
Speaker:Like Mamdani has this now he's a power
Speaker:broker and he's gotten all of these socialists and communists.
Speaker:They won their primaries last night and what do
Speaker:they want? What is their revolution about?
Speaker:It's about disgorging from their fellow citizens
Speaker:largesse. It's about freebies. Well, we want free
Speaker:daycare, we want free buses, we want free college
Speaker:education. We don't even want just. And then
Speaker:often we don't even want criminal penalties
Speaker:for breaking the law for shoplifting, or even
Speaker:to deport non citizens for murder or rape.
Speaker:So I'm thinking about what 250 years ago
Speaker:a revolutionary was and what it is, what it means
Speaker:to Americans today. And it's so vastly. I feel like I'm on
Speaker:another planet. It's 180 degrees opposite. And when they say they want
Speaker:free, we just want free stuff.
Speaker:That's really just another euphemism of saying we want to take
Speaker:your stuff and give it to you, or this guy's stuff and give it to
Speaker:you. And we're the ones of course, that have the
Speaker:deciding. We're the ones that know best on who gets what right.
Speaker:Right. Which is another euphemism to say give us power.
Speaker:Yeah, give us power. Because we're going to decide. And then magically, at
Speaker:some point, 500 years in the future, all this will disappear and we'll live in
Speaker:this utopian dreamland that they've never ever,
Speaker:ever, ever, ever, ever, ever been able to achieve. Because
Speaker:it's against human nature in every way, shape or every. And you talk to like
Speaker:your Armenian clients or people from Poland or
Speaker:our first lady who came from the
Speaker:oppressed Eastern European area
Speaker:when it was under Soviet rule. And
Speaker:they'll all say it doesn't work.
Speaker:What are you people doing here? You have literally
Speaker:a utopian situation where you can
Speaker:dictate what you want to do for a living and how hard
Speaker:you want to work. If you want to be lazy, you can be lazy. If
Speaker:you want to work like Elon Musk and become the world's first
Speaker:trillionaire. You can do that too. Well, and not only that, the consequences for doing
Speaker:that in our country right now and really for the last maybe,
Speaker:I don't know, fifty hundred year. I don't know. But the consequences of doing nothing
Speaker:aren't that bad anymore. No. Right. So you can still, like, if you want to
Speaker:be lazy and you don't want to buy, you don't. And let's take lazy out
Speaker:of it. If you don't care what you have around
Speaker:you. In other words, you don't want the big house. You don't need the big
Speaker:house. Need all of this. You don't need the fancy car. You want to
Speaker:subsist. You can do that. You can do that. And you can do that by
Speaker:doing virtually nothing. Yeah. In this country. And you'll still get an iPhone and a
Speaker:computer and. And access to TV and the Internet. We are at
Speaker:that point. Excuse me, Steve, I'm sorry, but stepped on you there. But
Speaker:we are at that point now where
Speaker:the majority of the people are not paying
Speaker:any federal income tax. I mean, we have
Speaker:gone past that 50% line. That is insane. Which
Speaker:is just insane. And these people are celebrating. I mean,
Speaker:so no skin in the game, Steve. It can't survive.
Speaker:So this is. This is not long. This is not
Speaker:sustainable. Unsustainable is the right word. Exactly right. And
Speaker:how it ends, I don't know whether it ends violently, whether it ends just it
Speaker:dies on the vine sort of slowly, or whether something in the middle,
Speaker:it cannot sustain itself because as Margaret Thatcher said, you run out of other people's
Speaker:money, and sooner or later you're gonna run out of other people's money. Well,
Speaker:you mentioned violence. So that same group of people,
Speaker:the Democrats, Socialists of America, they have now
Speaker:started militias. Like they actually have.
Speaker:Like they are talking about, you know, at any
Speaker:cost, at any price, by any means. They're using that
Speaker:kind of rhetoric that sounds a lot like, you know,
Speaker:Castro, it sounds like. Or Khrushchev or
Speaker:Stalin. It has that ring to it, like, you know,
Speaker:let's use the Second Amendment to stock up, not for the
Speaker:purposes of individual rights, but for
Speaker:the purposes of overthrowing if at some point
Speaker:the status quo. Yeah. Which will be our freedom. They're
Speaker:detractors, right? Yeah, yeah. They don't. I once
Speaker:said to somebody, I'm not going to mention who it was, but it was a
Speaker:text, and clearly we were on different ends of the polar planet.
Speaker:And I think it was about this. It was about when
Speaker:I think Amy Coney Barrett, in the middle of COVID writes a decision that
Speaker:basically says you can't shut down the church or
Speaker:synagogue at the same time you're opening up the private stuff. You know,
Speaker:you can't do that. Something like that. Right, right. And
Speaker:I rarely post anything. I posted something, and this guy reached out to me sort
Speaker:of in Facebook and said, well, that's interesting. Yeah, it makes sense. You're treating other
Speaker:people unfairly. And he was clearly a communist. You know, he was.
Speaker:But he was trying to get his head around what I was saying. Yeah. And
Speaker:I somehow led to this final statement. I said, yes, but I will always choose
Speaker:individual rights over a collective goal. You know, it's
Speaker:like, you know, always. Because individual rights lead to better for
Speaker:everybody. Right. Ultimately. So I always choose individual rights
Speaker:over collectivism because it's collectivism that takes away individual rights.
Speaker:Right. And that's what these guys are doing, that they. They want to take your
Speaker:rights. And if they want guns, rest assured, they want to take
Speaker:yours. Oh, for sure. Absolutely. They're not saying we're all going to
Speaker:have guns and protect ourselves from the government. We're saying we're going to have guns
Speaker:so we can force what we want on you. Yeah. They have the right think
Speaker:to use Big Brother talk because they know better. So fitting right
Speaker:into that, Steve, is this. Even though it seems
Speaker:like small beer, I think it illustrates your point, the point
Speaker:you just made about individual rights. Perfectly. So there is
Speaker:a long stream of Supreme Court
Speaker:decisions upholding the individual right to
Speaker:express or to hold your individual
Speaker:religious beliefs and political beliefs. And they
Speaker:had a gay pride night out in San Francisco with
Speaker:the San Francisco Giants. And at first, these
Speaker:pitchers, three of San Francisco pitchers
Speaker:were wearing hats where they added a
Speaker:reference in the Bible to a particular line, like in Genesis
Speaker:or whatever. And they would scribble that. Three
Speaker:pictures scribbled in white letters, very small.
Speaker:They didn't, like, cross out the gay logo, but they
Speaker:added their own Bible quote
Speaker:on their hat. And Major League Baseball and
Speaker:the Giants management came down on these guys and said,
Speaker:you do that again, there'll be some enormous fine or
Speaker:you might be suspended. And then the Department of
Speaker:Justice opened an investigation into this, which
Speaker:is currently pending based on these Supreme Court
Speaker:decisions. Like, famously, there was that Walmart case where the
Speaker:lady was wearing a crucifix and her manager said, you can't wear a
Speaker:crucifix at the register at a Walmart. You know, that's
Speaker:oppressing other people. And the Supreme Court upheld their right. Her Right
Speaker:to have a crucifix. Yeah, it's an interesting. So I gotta. Let's chop
Speaker:this up a little bit. But we have a First Amendment right that guarantees,
Speaker:among other things, the free exercise of our religion. In other words, the government.
Speaker:And almost like in conflict to that, we have an establishment clause, so the
Speaker:government can establish a religion, and we have the right to free
Speaker:exercise of religion. So we have these things.
Speaker:But it does not prohibit. If you read the Constitution, nowhere would the Constitution
Speaker:say that I, as an employer, can't prohibit. Preclude you
Speaker:from wearing a cross when you sit at your desk or preclude you from
Speaker:praying five times a day or however many times a day. Facing
Speaker:it doesn't say it because I'm a private individual. Now, if there's a law. If
Speaker:the government passes a law that says you can't do that, that's a different thing,
Speaker:because now you're impeding on the free exercise of religion. By government, I mean,
Speaker:any government, whether it's the federal government, a state government,
Speaker:a city government, a local township government, or even, you
Speaker:know, the smallest of form of government you can have. If it's government action. Right.
Speaker:Can't do it. So we're entering into this weird realm where the
Speaker:government is telling private companies what they can and can't do. Yeah. And this
Speaker:has always been the problem with the civil rights laws, the Title seven,
Speaker:you know, it's always been the issue because you're imposing upon private
Speaker:citizens what they can, how they run their
Speaker:businesses. Right. And I have always. I forget who the center
Speaker:was it when all this stuff, when the Civil Rights act, he goes, I
Speaker:prefer my. My freedoms. Like my coffee. I just. I want it straight, you know?
Speaker:Yeah, yeah. Or with my liquor, I want it straight. No mixers, you know, because
Speaker:it. Look, it sometimes can lead you to these things you don't like,
Speaker:but at least it's free. And then the idea is the market would come. So
Speaker:if I say, I'm not going to hire women because I don't
Speaker:like women, well, guess what? Or if you said that in your law firm
Speaker:and I say, well, that's interesting. Norm's next door to me. I love. I'm gonna
Speaker:hire all the women I want. I can't, because then I can get more business.
Speaker:Right? That's the idea of it. Yeah. Yeah. I think what makes
Speaker:the baseball thing
Speaker:more of a civil rights case is that
Speaker:they were compelled, they thought, to wear the gay
Speaker:pride hats. Okay. So their
Speaker:employer was saying, hey, this political speech, or
Speaker:if you want to look at it, possibly a religious
Speaker:tenet, we're going to
Speaker:impose upon you by you wearing this
Speaker:hat, your endorsement of gay pride
Speaker:and whatever message that means and all of
Speaker:the attachments to that logo, you know,
Speaker:we're making you wear this hat. Major League Baseball, after the
Speaker:DOJ announced they were looking into civil rights
Speaker:violations, then backed up and said, well, wait a minute,
Speaker:the Giants did not. They
Speaker:did not use the correct policy. The correct policy was
Speaker:and is that you are not
Speaker:required to wear special endorsement
Speaker:hats or T shirts or logos that the players
Speaker:actually had the right to just say, I want to wear the standard
Speaker:Giants hat. I don't want to wear the Gay Pride hat. I just want to
Speaker:wear the regular black and orange hat or whatever it is.
Speaker:But they were being told, Major League
Speaker:Baseball says the Giants failed to tell them they had that option.
Speaker:And so these players thought, well, if I'm going to be compelled to wear this,
Speaker:then I'm going to express how something that I believe
Speaker:in. And so they were not basically
Speaker:against the gay pride event. They just
Speaker:wanted to say, okay, if I have to wear this, then I'm also going to
Speaker:say that. Yeah. And just to be clear, the DOJ is acting under the Civil
Speaker:Rights act, not the Constitution. That's right. Not the Constitution. That's right.
Speaker:And what they're basically saying is you can't compel certain religions. Religion. You can't compel
Speaker:certain people. That's right. And again, because in
Speaker:a way, the Giants were compelling. That's right. An endorsement
Speaker:of a lifestyle. And maybe these guys, you know, I
Speaker:haven't interviewed the three pitchers. Maybe they would say, I don't care,
Speaker:you know, about what other people do. I just wanted to express myself.
Speaker:Or maybe they do have a problem with the lifestyle. Yeah.
Speaker:And, you know, at the end of the day, I understand what the law says
Speaker:the Civil Rights act says, and maybe DOJ has a point, but I'm not saying
Speaker:I agree with it. Yeah, sure. I'm not saying I agree with it because I
Speaker:do think on some level the NBL should be able to say, look, you gotta
Speaker:wear it, or. Well, I know you're kind of saying that those civil rights
Speaker:laws themselves are really sort of out of order, that
Speaker:they really. They either went too far or they shouldn't
Speaker:exist in toto. And I understand the
Speaker:intellectual argument for that. Like, you know, if. If you're
Speaker:Woolworths back in the 1960s and you have no black
Speaker:served in the front window, well, you're an idiot because you're turning
Speaker:down Business. And I follow what you're saying, because maybe the
Speaker:Waffle House next door says we serve all. Yeah,
Speaker:they're going to get more business. And I get it. There's an argument. This is
Speaker:an academic. It's a public accommodation kind of. This is an academic argument because,
Speaker:you know, on the one level, we did have some extreme problems in the country
Speaker:back in Jim Crow days. We had some extreme problems with some segregation. And if
Speaker:the government wanted to get involved, they had to do it somehow. You know, perhaps
Speaker:a constitutional amendment or something might have been. But I just, as a purist,
Speaker:they were a little over their skis on it and. Well, look. But it's already
Speaker:been decided. It is what it is. I'm a lawyer. I appreciate it. The law
Speaker:is what it is. Yeah. And it's pretty old now. I mean, it's
Speaker:been around. It is now. It's been around. So at the end of the day,
Speaker:the MBL backed off. They did. They backed
Speaker:off. And I think they found a compromise. Yeah, yeah. And they have
Speaker:that. What do you call it, that antitrust
Speaker:exemption that Congress gave them. And I think they
Speaker:were looking at that and thinking, do we really want to
Speaker:doodle around with that? This is it. If you make a deal with the government.
Speaker:You made a deal with the. That's right.
Speaker:You did some research into the Supreme Court case on the
Speaker:marijuana recreational user getting his gun rights back.
Speaker:Yeah. Sort of an interesting case. So this is. Comes from a string of cases.
Speaker:It started with Heller and going
Speaker:back that says we have an individual constitutional right to bear arms.
Speaker:It's an individual right. And then
Speaker:as the Supreme Court addressed this issue,
Speaker:I think Bruen was the case that sort of says, look, here's how we're going
Speaker:to analyze Second Amendment issues. We're going to look at the history, text and
Speaker:tradition of the constitutional amendment or of the
Speaker:Constitution and determine if a government regulation or
Speaker:government law violates it. In other words, it used to be a different standard called
Speaker:strict scrutiny. For you legal geeks out there, it means that you really had a
Speaker:good reason, you had to have a good reason to violate somebody's constitutional rights. But
Speaker:now they've sort of changed a little bit. And they said, look, if conduct is
Speaker:permitted based on the history, text and tradition of
Speaker:our country and our Constitution, well, then you can't pass
Speaker:a law that violates that or that prevents that. And that's sort
Speaker:of the backdrop for this case, which was United States versus
Speaker:Himani. And basically the first sentence is great, or the first
Speaker:paragraph is great. Gorsuch writes the opinion. Ali Humani uses
Speaker:marijuana a few times a week. That fact alone, the government says, means he is
Speaker:automatically banned from possessing a firearm under federal law.
Speaker:And because Hermani admits, or Hermani admits he owns a gun
Speaker:despite this ban, the government now seeks to prosecute him in
Speaker:imprison him for up to 15 years and disarm him for life. This case
Speaker:poses the question whether the government's prosecution of Mr.
Speaker:Hamani is consistent with the Second Amendment. Like, I love Supreme Court.
Speaker:Right? Like when it's written. Well, it's like I like if I taught legal writing
Speaker:in school or in law school, I would say read this. Yeah, that's very succinct.
Speaker:It says it in like four sentences. Right? What it is, Right. No big
Speaker:words. Yeah. Just here's what it is. Common people can read that
Speaker:and get it. Yep. Yeah. Enter the Federal
Speaker:Gun control Act in 18 USC
Speaker:section 1922 or 922G.
Speaker:It basically has this list of things that disarm people. Ones if you have a
Speaker:conviction, if you have committed domestic violence or,
Speaker:you know, and a conviction, by the way, is something that is a felony. So
Speaker:more than a year imprisonment would carry. And on that list
Speaker:is anyone who is an unlawful
Speaker:user of or addicted to a controlled substance,
Speaker:you're automatically banned for, from
Speaker:guns. Now, for those of you who have any interest in
Speaker:the most famous case probably ever of somebody being sort of targeted for this, it
Speaker:would be Hunter Biden and anybody who's bought a gun that has
Speaker:a little checkbox in those forms. Right, right. One of them is, are you an
Speaker:unlawful user of marijuana or any other illegal drugs? Yeah. And the
Speaker:court basically says limited to the facts here. So they're not saying anything yet
Speaker:broadly about other drugs, but limited to the marijuana user here.
Speaker:They're saying it's unconstitutional, this is unconstitutional for the government
Speaker:to apply this law, to apply this restriction against
Speaker:Hamani's gun rights. And I
Speaker:love it. Yeah. We still have this
Speaker:dichotomy, I guess
Speaker:Trump the department of.
Speaker:What would it be? Department of Health and Human Services
Speaker:or whoever decides what schedule a
Speaker:particular drug is on. They have taken marijuana
Speaker:now off of that highest level
Speaker:threshold of drugs federally. Now
Speaker:they haven't legalized it like many of the states, or I should say
Speaker:most of the states. But, but so we still have this
Speaker:federal versus state inconsistency, let's
Speaker:put it that way, where some states say, hey, you know,
Speaker:it's just open season state sanctions and
Speaker:state licensed stores are selling this stuff
Speaker:for recreational Use, including Ohio. And
Speaker:so, you know, you gotta say, you gotta say, like
Speaker:Trump has addressed the contradiction in, in part by
Speaker:taking it off the highest schedule. But it's still
Speaker:illegal federally. Yeah, it's still legal federally. And this is coming up.
Speaker:Well, look, I'll just give you there's a case I'm working on, in fact, I
Speaker:have a hearing on it today, I'll bet, where the police stop a car
Speaker:based solely on the odor of marijuana. They search the car. Yeah.
Speaker:So there's a rule that says if you stop a car, a police stop of
Speaker:motor vehicle is a significant intrusion that requires justification under the Fourth Amendment,
Speaker:reasonable suspicion. And they can search. The police can then
Speaker:search the interior compartment of the car, even closed containers, if they have something called
Speaker:probable cause. What's probable cause? I don't know. But they know it when you see
Speaker:it. Yeah. It means something more than enough to stop a car. Less than four.
Speaker:Yeah, whatever. Yeah. So you have some, or you have some
Speaker:basis to reasonably conclude that there is evidence of
Speaker:contraband in, say, the center console. Yeah.
Speaker:And in this case, they're using the odor of marijuana
Speaker:as the basis to develop probable cause to do the search or further the
Speaker:investigation. And our argument is, look, it's legal conduct
Speaker:under the Ohio Constitution. Yeah. The government's argument is going to be, the
Speaker:prosecutor's argument's going to be, yeah, but it's still illegal under the federal Constitution.
Speaker:And I'm going to say, well, look, how is that? So on the one hand
Speaker:you are giving it, on the other hand you're taking it away and you're
Speaker:punishing somebody for exercising their constitutional, Ohio.
Speaker:Constitutional right. Right. Or at least statutory rights. Right. But
Speaker:not even though it's in flux or in contradiction with the feds.
Speaker:That's a due process. So we're gonna like, this is coming up everywhere. It's a
Speaker:mess. It's a mess. It's coming up everywhere. It's a mess. It, it, it needs
Speaker:to be resolved somehow. And
Speaker:at any rate, I, I think it's a good decision. I, I,
Speaker:you know, and that's not coming from
Speaker:a pro pot point of view.
Speaker:It's just that in the scale of
Speaker:offenses, recreational use of marijuana
Speaker:to me is no worse
Speaker:than recreational use of alcohol. In fact,
Speaker:it may be less worse. It may be less worse. And I think
Speaker:that kind of medical research, now that it's off the
Speaker:schedule, I think we're going to learn a lot more about marijuana
Speaker:and what the downsides are and the possible upsides. Well,
Speaker:look, I guess we'll find out it's a drug. It is a drug. And it
Speaker:wouldn't surprise me if they, if they, being the studiers, the researchers
Speaker:find something that is beneficial about the drug, it will also not surprise me if
Speaker:they find exactly what is not so good. Yeah, about the. I choose not to
Speaker:use it. Yeah. You know, like the wine producers like to say,
Speaker:oh, a glass of red wine, you know, actually help your health.
Speaker:Nonsense. Yeah, nonsense. You know. You know, but no,
Speaker:wine is still better for your health. Right. And even tobacco, years ago,
Speaker:they, they would have like a doctor on TV saying, you know,
Speaker:I use filtered palm oils and they're great. And they,
Speaker:they actually maybe keep colds away, you know, like,
Speaker:you know, so all of this we'll find out in due course.
Speaker:But I think, yeah, taking away somebody's constitutional rights,
Speaker:I mean, what's next? A guy can't vote? I mean, what else are you going
Speaker:to take away from him? So I'm glad, I'm glad for that
Speaker:decision. Even though I have my reservations about marijuana
Speaker:use. I thought, I thought we'd bring up, maybe do
Speaker:a deeper dive than we've done in past shows about
Speaker:data centers in Ohio. And the reason is
Speaker:the news hook is this week it came out that the,
Speaker:the people who wanted to put a ban on the ballot
Speaker:this fall on data centers
Speaker:put a statewide moratorium on new
Speaker:data centers that haven't broken ground yet,
Speaker:failed to get enough signatures to put it on the ballot.
Speaker:They're still going to collect them. I'm sure it's going to be on the ballot
Speaker:at some point. But
Speaker:there's also, at the same time, you got Governor DeWine's
Speaker:study group, and you've got various
Speaker:pieces of legislation cooking in the
Speaker:General assembly. And one of the House bills
Speaker:is kind of an omnibus of different ideas, and
Speaker:it has bipartisan support for lots of
Speaker:pieces of it. And the Buckeye Institute, whom
Speaker:we've had on the show,
Speaker:gave testimony and I think, and they're
Speaker:largely a conservative think tank.
Speaker:And it shows to me that conservatives,
Speaker:if you will, Republicans are starting to grasp
Speaker:that not only are there some injustices going on
Speaker:out there and some skullduggery by developers,
Speaker:but. But there's also a political battle happening
Speaker:out there in really bright red MAGA land. And
Speaker:I think they're starting to come to grips. Even if Vivek
Speaker:and Amy, you know, the two candidates for
Speaker:Acton for governor, even if they aren't really on board
Speaker:yet, I think it's good. So the
Speaker:Buckeye Institute said that four big things.
Speaker:We should restrict DNA
Speaker:or DNA NDAs as a tool
Speaker:to keep the public ignorant of pending data centers
Speaker:being planned. What's the
Speaker:counterargument be to that? Well, like the. Well, so
Speaker:the data center people like Google or whoever it would
Speaker:be that's building one, or Meta, they would say,
Speaker:well, our competition then will know that we're
Speaker:planning one in New Albany or Baltimore,
Speaker:Ohio, or some other place in Ohio. They'll know what our
Speaker:plans are. So we're not really trying to. Their argument is. Of course,
Speaker:it's bs. Their argument is we're not trying to keep it from the public.
Speaker:We're trying to keep it from our competitors. But
Speaker:mayors, township, trustees, county
Speaker:commissioners, all kinds of their employees
Speaker:are signing these NDAs, or at least acting as if
Speaker:one is in place voluntarily as
Speaker:they try to, you know, get the ball across the
Speaker:goal line of getting these centers built because they think it's
Speaker:a boon to their area or it. Or maybe they have a
Speaker:conflict of interest. They have some land to sell. So
Speaker:one of the Buckeye proposals is to restrict
Speaker:NDAs. The other one is to.
Speaker:Sadly, they want to keep the sales tax exemption, which has
Speaker:cost Ohio $1.6 billion so far that
Speaker:John Kasich put into place
Speaker:by fiat, like, he didn't even pass legislation.
Speaker:He, as the governor, apparently has some emergency
Speaker:power. And this has been now through the
Speaker:DeWine administration as well. And people,
Speaker:including the legislators, are just now finding out many cases
Speaker:that this exemption existed. I mean, it's kind of been
Speaker:like, under the table. So when you think of jobs, Ohio,
Speaker:and you think about all the other giveaways, the tax deferments,
Speaker:the free roads, the infrastructure, the water use,
Speaker:the annexations, all the other tools that these data
Speaker:center developers have gotten. In addition, they've
Speaker:gotten a secret sales tax exemption on every piece of
Speaker:steel, every piece of drywall, every turbine,
Speaker:every piece of copper wire. That's. And I don't. I mean,
Speaker:you and I have to pay sales tax on that. You just build a house.
Speaker:What's the benefit for Ohio? Like, why do that? It's
Speaker:bizarre. It really is bizarre. I'm sure it made us more
Speaker:competitive, you know, versus other states.
Speaker:But we're finding out the benefits of having these data centers are,
Speaker:you know, sucking up energy, sucking up water,
Speaker:pissing off homeowners that live next
Speaker:to these things that have to listen to the thing humming all night
Speaker:and light pollution and, you know, the trucks and the
Speaker:beating up the roads. So one of the other things is
Speaker:they don't want Eminent domain. So another Buckeye
Speaker:thing. No. Eminent domain used
Speaker:to grab land or to grab new roadways
Speaker:for data centers. Yeah. Eminent domain for those who don't know. It's actually a constitutional
Speaker:provision, but basically it says every now and then, the government, for
Speaker:a good reason, can go take your land, even for private development,
Speaker:which we know from. Who's the Supreme Court justice that
Speaker:resigned, and then a developer did it to his land,
Speaker:and he wrote the decision saying.
Speaker:The skinny guy. I can't forget his name, but he wrote that
Speaker:crazy decision that said the government doesn't have to take
Speaker:your land just for the government to use. They could take your land
Speaker:away and then give it to, I don't know, the Trump Organization
Speaker:or a data center or somebody to develop
Speaker:Suter. Suter. David Suter. Yeah. Which
Speaker:was beautiful because he got hoisted by his own petard in
Speaker:that case. Well, it says he never actually lost his land, but he was famously
Speaker:targeted for the property seizure by angry activists in retaliation for
Speaker:his 2005 decision in Kilo vs City of New
Speaker:London. You know. Yeah.
Speaker:Eminent domain is one of those things that it's like, you sort of.
Speaker:You can tolerate it because you can understand why it might be necessary
Speaker:sometimes on highways and stuff. Right. They have to pay. The government has to pay
Speaker:you value for the land. You can't just steal it and give it to somebody
Speaker:else, like Mandame would do. Yeah. Or regulate you out of existence
Speaker:and then say, well, since you can't meet our regulations, we'll just take it. Right.
Speaker:It's not that. Yeah. The last thing Buckeye
Speaker:said, and I agree with this, is they want to restrict the
Speaker:abatements on property taxes for these data centers, because
Speaker:that truly is outrageous. Yeah. Look, if I'm paying tax, they should pay tax. This
Speaker:is. This is the stuff that always pisses me off. Yeah. Like, you know. Right.
Speaker:It happens. So I, like the argument would be norm or what say to this.
Speaker:I mean, if other states, if this is a. Take data centers out of it.
Speaker:Yeah. Like, I know Ocasio Cortez
Speaker:famously sort of shunned. Was it Amazon? Yeah. Right.
Speaker:In her district, it was something like 7,000 jobs or IT was a huge
Speaker:number of jobs. Yeah. Not only in Brooklyn, where they need the job. They
Speaker:need the job. Like, so I get it. There's sometimes good
Speaker:reason to give some incentives for big business to come in.
Speaker:But on the other hand, if nobody gave incentives, it would all be an equal
Speaker:playing field. So, you know, it's sort of like. Right. It's like
Speaker:Leveling the playing fields on recruiting and college football or
Speaker:NFL, how much you can pay people like this nil thing. It's almost like
Speaker:you need a national policy because otherwise
Speaker:it's a big mess. It's a runaway system. You got Indiana and Kentucky and Ohio
Speaker:all vying for, say, the same automotive plant and
Speaker:they're fumbling over each other to give away everything.
Speaker:So look, but if we're going to stay true to our values
Speaker:here, let the market fix it at some point in Ohio. If Ohio doesn't want
Speaker:to compete in this level, then Ohio's going to fall behind and eventually they're going
Speaker:to have to say, all right, we're going to play the game too. But the
Speaker:other way to keep the market right is to keep the playing
Speaker:field level. But that would require federal legislation. Yes, it would require
Speaker:federal legislation. Yeah. So my
Speaker:additions to this data center thing would be. And I'm sure you
Speaker:have some ideas, Steve, but mine is
Speaker:that I think in addition
Speaker:to NDAs, I think there needs to be
Speaker:a positive requirement
Speaker:requiring local officials to announce on social
Speaker:media whenever a developer or
Speaker:whenever a. A proposal
Speaker:is before them that not only
Speaker:can't they sign an NDA, but that they have
Speaker:a positive duty to inform the public that
Speaker:there's some scuttlebutt that there, that there's inquiries being
Speaker:made as to factories. And I'm going to. I'm not going to
Speaker:talk about apartment buildings and stuff like that. I'm gonna stick with heavy
Speaker:industry. Cause that's what these data centers really are. They're making
Speaker:a product. And there is heavy industry
Speaker:byproducts from that. Just like a
Speaker:steel foundry, just like an automotive assembly plant, just
Speaker:like a coal fired power plant, when you have something of
Speaker:that scale, a feedlot with fecal lakes,
Speaker:when you have something of that size moving into a community,
Speaker:your local officials should have a positive duty
Speaker:to report that. Well, and I think if it's not already obvious,
Speaker:then it should be made even more obvious that
Speaker:whatever interest the people on whatever local zoning
Speaker:board have in this development. Meaning
Speaker:if the data center is buying your land. Exactly. Or your
Speaker:uncle's. Or your uncle's land. Yeah. Or somebody. There has to be some
Speaker:transparency because otherwise it just. Even if it's not corrupt, it certainly looks like
Speaker:it is. Right, Right. And there's many things in our ethics
Speaker:laws that talk about avoiding even the appearance
Speaker:of a conflict. Not just real conflict,
Speaker:but even the appearance. And as an attorney, you have that
Speaker:duty, for example. I mean, that is a duty that the
Speaker:Ohio Ethics Commission really has. Has not imposed on
Speaker:local officials near enough. And the easiest way as a lawyer
Speaker:to avoid even the appearance of some sort of impropriety
Speaker:is truth is transparency. That's right. Is just tell my clients what's going on. That's
Speaker:right. That's right. So when I used to represent the school
Speaker:treasurers as a lobbyist,
Speaker:there was a requirement that they disgorge other
Speaker:businesses that they own, that they have to report that. And I
Speaker:explained it this way, even though I had reservations about the privacy
Speaker:concerns, because now it's a public record. And what business
Speaker:really is it of somebody to know that, let's
Speaker:say some local school treasurer owns a pizza
Speaker:parlor or where he's partners in a pizza parlor? And
Speaker:I explained it this way. Well, if Your school orders 200 pizzas
Speaker:for a graduation event and it comes out later
Speaker:that you, the treasurer, more or less paid your own pizza
Speaker:parlor to supply, you know, like, that's not gonna look good for you
Speaker:this way you've disclosed it. Yeah. Like you said, the truth. Put it
Speaker:out for bit. Put it out. Exactly. I think
Speaker:Jobs Ohio needs to be audited and
Speaker:possibly that
Speaker:whole funding mechanism where they, where they get
Speaker:their budget from the Department of Liquor Control, all of that needs to
Speaker:go away. I think Jobs Ohio needs to be a state
Speaker:agency, run like any other state agency with a
Speaker:director and employees of the state and be
Speaker:fully, again, transparent and audited.
Speaker:I think that the data centers need to pay for their own
Speaker:energy needs without any impact on the
Speaker:homeowners. I think. I think the Public Utilities Commission of
Speaker:Ohio has been. All they've been is reactive. Oh,
Speaker:so they look at the energy requirements and they go, oh, I
Speaker:see Duke Energy is saying that they have twice the demand,
Speaker:so we're going to let them raise their rates by a factor of two,
Speaker:you know, like. Well, no, you should be telling
Speaker:the people who want to be hooked up to the grid that aren't on the
Speaker:grid yet. Sorry, we don't have enough capacity for you.
Speaker:You're going to have to figure out another way. But we can't make grandma's
Speaker:electrical bill double overnight because you want
Speaker:to supply computing power to Meta
Speaker:back in the Silicon Valley. That's not right. There's always
Speaker:everybody. The mistake people make here is that they attribute.
Speaker:They only look at what the good can happen. Yeah, they never look at the,
Speaker:like, what are the consequences? What are the actual aftershocks of this? There
Speaker:are tons of them. There's tons of these. And my final one,
Speaker:Steve and I think you will like this. I think we've talked about this before.
Speaker:So Ohio, as a former and well, still current
Speaker:industrial state. Right. We have these
Speaker:brown sites all over the state that are already, if
Speaker:you will, compromised. I mean, they need, you
Speaker:know, epa, they need. Before you would,
Speaker:let's say, grow corn on them or have cattle graze
Speaker:on these brown sites. You'd have to get the pollution out of the ground. Yeah.
Speaker:So you're talking about brownfields. Like, and what happens is there's a. There's. The
Speaker:EPA gets involved at the state and actually I think at the federal level. Yeah,
Speaker:yeah. And they have to come out and sort of give you the.
Speaker:Give you the. Because the owners have walked away in many cases. Yeah. So it's
Speaker:like an old gas station. Yeah. As underground storage. And they're just like, hey, you
Speaker:can have it. I give up. And believe it or not, there's something called Buster.
Speaker:Bureau of Underground Storage Tank Removal. Yes. Agency that goes in and they
Speaker:get it cleaned up. And you know, some of the worst are dry, old
Speaker:dry cleaning sites. Wow. Yeah. I can only imagine if you happen to live
Speaker:near an old dry cleaning site. Yeah. That's why the Mad
Speaker:Hatter went mad. Because of the chemicals in
Speaker:dry cleaning. Yeah, Dry cleaning. And I think also another bad one. I mean,
Speaker:aside from paint pesticides. But parking lots are terrible. Oh, yeah,
Speaker:right. Yeah. But pesticides, dry cleaning sites
Speaker:and hair places. So I've never
Speaker:understood this why, like the Columbus
Speaker:Chamber of Commerce and, you know, all the
Speaker:rah rah groups in Columbus were so thrilled, for example, when
Speaker:intel said, well, we're going to go out to a green field. Where
Speaker:Biden said, it's just empty space. We're going to go out to. Yeah,
Speaker:nobody cares about your farm. Yeah. We're going to go out to a green field
Speaker:that's currently growing, you know, corn or
Speaker:soybeans or whatever, and we're going to stick our chip
Speaker:factory out there. When there's brownfield
Speaker:sites all over Columbus and you're just like, well, that would be in the
Speaker:Columbus school district, which could certainly use the tax base
Speaker:and there's a lot of need for jobs within Columbus. And
Speaker:you're just thinking, why didn't they shop this
Speaker:around? Because it's still near the airport. There's still plenty of water,
Speaker:you know, so why didn't they. I don't know why they didn't. Like, why not?
Speaker:Why not? They don't want to bring their executives in to live in those places.
Speaker:Okay. I mean, that's the only thing I can think, look, we're going to go
Speaker:out to this place where it's beautiful, there's countryside. We can build our own little
Speaker:cities out here. Yeah, Fancy suburban
Speaker:neighborhoods out here. Look at this quaint little old historic downtown
Speaker:area, Norm, with cool little diners and restaurants. And we're going
Speaker:to gentrify all this and make. We're going to modernize all this and make it
Speaker:look like New Albany. Well, certainly the, you know, and
Speaker:by the way, the permits deal with the owners of that land and they're going
Speaker:to make millions. Well, the permitting and the regulatory
Speaker:side by these rather unsophisticated
Speaker:rural townships, they can steamroll them.
Speaker:And not only that, the government's created the
Speaker:insanity that it would take to develop something like that in the city. What do
Speaker:they do? They avoid it by going cities where they didn't create. That's true.
Speaker:That's absolutely true. And you see that with the
Speaker:rebuilding of, what is it, something like 3,000
Speaker:homes or whatever it is in LA. In LA. Right. They can't rebuild. Yeah,
Speaker:yeah, because the cities and most cases trip
Speaker:over their own. You know what's. Because
Speaker:they've made it so complex for people to build even
Speaker:a home. I can only imagine. You're right. A data
Speaker:center in Columbus. They have to come in and meet all the Columbus regulations, pay
Speaker:all the Columbus taxes, do all the Columbus stuff. And then, by the way, they
Speaker:have to have their wealthy executives coming into a part of town that is undesirable.
Speaker:Well, they live in backslayers, but
Speaker:they don't want to do that. Well, some other news,
Speaker:Steve, I think this is good, too. The
Speaker:Cleveland Clinic has settled a legal case
Speaker:with apparently several
Speaker:claimants to provide detransitioning
Speaker:counseling for those that they
Speaker:transitioned who are now saying,
Speaker:hey, you horribly mutilated me
Speaker:and you did it when I was a child. Makes me cringe. And you
Speaker:know, I think it is
Speaker:positive that lawyers, doctors,
Speaker:the Cleveland Clinic itself, that they got together and
Speaker:they came up with some sort of compensation and
Speaker:plan to assist those kinds of people. Yeah. But ultimately, you
Speaker:know, it shouldn't have happened. But, you know, who's paying for this? We are. Well,
Speaker:yeah, we are. Because these lunatics created all this
Speaker:stupid policy and engaged in all these stupid practices. Now
Speaker:they're going to have to settle billion dollar lawsuits and
Speaker:it's not there. It's insurance money. Right. So insurance companies are going to pay and
Speaker:guess who they're passing that cost off to. So this is. All of us are
Speaker:paying the Price for this lunacy. Well, I'm going to
Speaker:throw. I love it that lawyers are making money. I'm going to throw a
Speaker:couple of legal things at you here happening in Ohio,
Speaker:and these are philosophical things. What do you think, Steve?
Speaker:I know you are highly suspicious, if not
Speaker:against the death penalty because it's imperfect.
Speaker:And it's one of those things that when it's final and the guy's put
Speaker:to death or the woman's put to death, well,
Speaker:you can't bring them back if it's later found out that the evidence was
Speaker:tainted or they got poor representation. But Governor
Speaker:DeWine wants to eliminate. It's come out now. He wants to
Speaker:formally, and I guess it would be by legislation,
Speaker:but he wants to go through some kind of process where Ohio will
Speaker:forbear and formally
Speaker:get rid of the death penalty as an option. You know,
Speaker:I'm a walking contradiction on this. I know you are. Because on the one
Speaker:hand, I agree in theory with the death penalty.
Speaker:I mean, I think as our good friend Paul Scarcello, who's been on our
Speaker:show before, and he's probably prosecuted more death penalty cases when he worked for the
Speaker:Ohio Attorney General's office than anybody I've ever met, he just says, look,
Speaker:some people need killing. And he says it sort of jokingly because
Speaker:really what he's saying is when he says it that way,
Speaker:he is pointing out that the standard for when you impose a
Speaker:death penalty is, I don't want to say a farce, but
Speaker:you know it when you know it, but you can't quantify it.
Speaker:Sort of like pornography, right? Yeah. Yeah. So the problem with the
Speaker:standard is that, I mean, first of all, assume you get all the. You're only
Speaker:getting the people who are actually guilty, which I think is an assumption that's a
Speaker:bridge too far because it does happen that people have been executed that were innocent.
Speaker:Yeah, it has happened. And then you've got to decide. The harder question then is
Speaker:who gets to live and who gets to die. And then how do you standardize
Speaker:that across Ohio with different jury pools and different
Speaker:people and different this. And let's just stipulate there is no way to do. There's
Speaker:no way to do that. There's no way to do that. And the implementation of
Speaker:it then is very difficult. And then, you know, it cost a lot of money.
Speaker:There's a lot of. But really, I think this is a lot of a do.
Speaker:I don't say about nothing, but I have seen in the last 20 years
Speaker:I've been practicing 31 years now doing criminal defense work. I haven't seen a
Speaker:death penalty case in Franklin county in the last 15 years. I don't think.
Speaker:And I think they're. They're fewer and fewer and fewer in number
Speaker:because it's just not for all the reasons we're talking about. And juries are not
Speaker:imposing the death penalty in many cases. And the ones they are.
Speaker:Some people need killing, I guess, is what the other side would say. So, look,
Speaker:I'm. Like I said, I'm a walking contradiction. What's
Speaker:DeWine got to do with it? Well, he's the governor, I guess. So he's. He's.
Speaker:He doesn't get to. Now DeWine doesn't get to just say no death penalty. Right.
Speaker:He's imploring the General assembly, our legislative body in Ohio, to abolish
Speaker:it. And they have every right to abolish it if that's what they want to
Speaker:do. Okay. Throw another one at you.
Speaker:I didn't actually know this until I went to my class reunion, my high
Speaker:school class reunion, and I
Speaker:reunited with a friend of mine, a
Speaker:classmate who's on the Ohio Supreme Court,
Speaker:Pat Fisherman. And Pat told me. I
Speaker:don't know how I missed this, Steve, but I thought the term
Speaker:limits in Ohio for public officials were for
Speaker:legislative and administrative
Speaker:offices. I don't know how this got by me.
Speaker:It shows you how. You just can't know everything. The Supreme
Speaker:Court is also term limited, and that blows me away, really,
Speaker:because we don't have that on a federal level at all. Yeah.
Speaker:Federal life appointments. And of course, they don't run for office. No, they're appointed.
Speaker:They're appointed and approved. They're elected in Ohio and
Speaker:they can only serve two terms. Yeah. Which I did not. That did
Speaker:not confuse. I think I did know that, but I've never really given it much
Speaker:thought. Yeah. And. Well, I think he's a hell of a jurist, and
Speaker:it's not because he's a friend of mine, but
Speaker:I hate to lose that talent. I mean, I think that's terrible
Speaker:that term limits are. It's one of those
Speaker:debates, right? There's pros and cons of all that stuff, man. You get a good
Speaker:Supreme Court justice. And Pat,
Speaker:he has not ruled. It's not like my
Speaker:agenda is the same as his. He's ruled for. Against.
Speaker:Just as an example, he's ruled against some of the
Speaker:redistricting proposals by the Republican Party. And
Speaker:he's a Republican, so he's been part of that majority
Speaker:that turned down two or three maps. This is what I like to say.
Speaker:He's a good guy. And if you fall even the US Supreme Court politics and
Speaker:the law are not the same. Yeah. Just because you got
Speaker:appointed by a Republican or just because you identify with the Republican Party. Just because
Speaker:you got to let. Once you like the law. Like you've seen me here. You
Speaker:are correct on this sort of weave around. Oh, yeah, we talked about the Civil
Speaker:Rights Act. Right. Yeah. So. So look, it's the law and political. You may
Speaker:disagree with it, but it's the law. So you have to follow it. And as
Speaker:lawyers, we are hopefully trained.
Speaker:Maybe not if you're not. This is what people hate about lawyers because we're trained
Speaker:to look at it both ways. I mean, you can just sort of say, all
Speaker:right, I get this. But over here is this. And you and I
Speaker:have gone at it on this kind of stuff. Sure. Yeah. Because I just sort
Speaker:of have to look at it like, look, here's the trade off. Here's what it
Speaker:is. We have no choice. We got to follow along. Yeah.
Speaker:You're denying the public the right to reelect
Speaker:somebody that the public otherwise would reelect. I guess
Speaker:in the case of Supreme Court justices, I guess that would be
Speaker:my one exception because I think eight years
Speaker:might not be enough. Like two four year
Speaker:terms. I think that, I think I agree with you. Somebody gets some gravitas
Speaker:at a certain point. Point. And I'll just tell you, Pat
Speaker:left a major law firm. He
Speaker:took such a haircut to become a Supreme Court justice that
Speaker:it is. I know people won't believe this, but it
Speaker:really is to people like him, a service to
Speaker:society. He gave up a huge
Speaker:legal practice at a law firm to become a
Speaker:justice. And now he'll go back to that and God bless him.
Speaker:But I can tell you this. If we didn't have term limits,
Speaker:I think he'd run a third time. But he's done in two years. So
Speaker:I just thought I'd throw that out because I wasn't aware of that.
Speaker:And it just shows you that. So just so you know, states with
Speaker:initial elections. 22 states have initial elections for their Supreme Court judges.
Speaker:Partisan elections. Are eight states
Speaker:nonpartisan. Are 14 states with
Speaker:appointed the highest one nonpartisan? So you know it's not a
Speaker:Republican versus Democrat. Yeah. States with a point of
Speaker:system. 16 states appointed by the governor. There are
Speaker:14 states appointed by the legislature. Two more retention election states.
Speaker:It's all over the map. They combine the two. 18 states here initially
Speaker:appointed to the bench, either by the governor or the General Assembly. But then if
Speaker:you want to keep your job, you got to go get a retention election. So
Speaker:all sorts of different ways. Yeah. It's also final thing,
Speaker:Ohio related, this ufc, you know, the big
Speaker:fight on the White House lawn that by all reports
Speaker:was a huge success. Supposed to, I, you know,
Speaker:I didn't watch it. I'm not a wrestling guy, but I'm told
Speaker:that the, the meets, that the contests were
Speaker:thrilling and lots of upsets, and that was a
Speaker:very high quality event.
Speaker:A local Danville, Ohio, that's out in Knox County.
Speaker:Young guy, he took the 3,000 bucks he got for
Speaker:graduating from high school, and his mother noticed he
Speaker:was buying body armor and guns and that he
Speaker:was communicating with people that
Speaker:she didn't know and that he was acting strange. So she
Speaker:reported it, I guess, to the Danville police or the
Speaker:Knox County Sheriff. And they in turn got hold of the FBI
Speaker:and they uncovered something like, is it 13, 14 people
Speaker:and growing that had this.
Speaker:None of them were in D.C. they didn't follow through, but
Speaker:they were putting together some concepts to
Speaker:assassinate people, to kill them at this
Speaker:event. And we'll never know if
Speaker:they maybe would have done something later on or how
Speaker:far they got. But at any rate,
Speaker:the two amazing things about this is that this was
Speaker:interstate in scope. So it's clearly within the FBI's
Speaker:purview. It's. It's not something that just happened in Ohio. This
Speaker:guy had accomplices or
Speaker:schemers that were in on it in California. I think one
Speaker:of them was a non US citizen, a
Speaker:Mexican citizen. So we'll
Speaker:see. But the other amazing thing to me is
Speaker:just the idea of a parent turning
Speaker:in their son, reporting on their son. I
Speaker:think the mother is a hero in this case. It's gotta be one of the
Speaker:hardest things she's ever done. It's gotta. I mean, you know, because, Steve, you've been
Speaker:there in sentencing, when a mother comes in and
Speaker:she's bawling and asking the judge for mercy for a
Speaker:son who maybe, you know, did something terrible, what she
Speaker:did here was the ultimate act of motherhood. I mean, it
Speaker:really, I mean, even, I mean, you. I could drill down on this. You see
Speaker:this man? I mean, look. So you have. The ultimate act of
Speaker:parenting. You and I have talked about this is not protecting your
Speaker:kids, but the opposite.
Speaker:Offering only the boundaries necessary for them to move forward and
Speaker:grow on their own. And I've had to watch my
Speaker:kids fall down the stairs metaphorically many times
Speaker:and cringe Because I knew that I could have stopped them,
Speaker:I could have helped them them or I could have done it for them. Right.
Speaker:I, I, this is true. I was in, I was in a meeting one time
Speaker:with one of, one of my sons at their parents ever the, the school. And
Speaker:they were like, well, you know, your son may not pass the whatever grade and
Speaker:whatever. I said, okay, flunk them. Yeah. And they looked at me like I was
Speaker:crazy. Yeah. And I, I said, I'm serious, guys. Yeah.
Speaker:Look, it's fifth grade. Yeah, who cares? I believe in
Speaker:object lessons. What's he going to learn, you know, to
Speaker:help mold a child? You know, object lessons are good.
Speaker:You know, my son Paul, at one time, I love
Speaker:this story, but he came home from grade school and he
Speaker:obviously had heard about something called Children's Services,
Speaker:right? So I punished him for something.
Speaker:Now, none of my punishments were physical in nature, but, you know,
Speaker:like, you can't use a computer for a week or whatever it was. And,
Speaker:and he wailed and he stomped around the house and he said, I'm
Speaker:gonna call children's Services. And I got out a quarter. Here
Speaker:you go. Please, please call Children's Services.
Speaker:Nothing would please me more than to hear you come back after a week
Speaker:of eating hot dogs and baked beans about how
Speaker:miserable it was. That's a group home. Yeah,
Speaker:right? Winners and losers. Yeah, let's do it. Okay,
Speaker:so the Senate, with
Speaker:four Republican, I don't know, I don't
Speaker:want to call them traitors. What would it be? Outliers
Speaker:passed this war powers referendum,
Speaker:which really has no effect on the
Speaker:US Iran war, because we're currently in a
Speaker:ceasefire. There's this memoir of understanding
Speaker:that may or may not lead to a treaty. But at any
Speaker:rate, Senators
Speaker:Cassidy, who Trump famously
Speaker:endorsed his opponent, and he's going to
Speaker:lose office. Ron Paul,
Speaker:libertarian, who's just against any kind of executive power.
Speaker:Susan Collins, who's running against this Nazi guy, and
Speaker:then Lisa Murkowski, who's just, she's the biggest
Speaker:rhino in the Senate. So they all voted to
Speaker:take away, in theory, Trump's power
Speaker:after this stipulated period of time in the War Powers Act,
Speaker:I think it's 60 days, they
Speaker:voted with the Democrats to take away his right to prosecute the war
Speaker:in Iran, which most scholars say, well,
Speaker:now that we've had a ceasefire, the clock will start again. It's a new set
Speaker:of data, It's a new 60 day period if it ever goes back.
Speaker:But to me, it's upsetting that you would do that
Speaker:because all it does is give Iran this idea that,
Speaker:hey, we're starting, you know, Trump is losing
Speaker:the support of not only the Congress, but the American people.
Speaker:My winner would be John Fetterman, who voted against
Speaker:the War Powers act because he has said many times for
Speaker:47 years, everybody said they can't have a nuke.
Speaker:Trump actually takes action to
Speaker:wipe out, at least for the next 20 years, their nuclear
Speaker:program. And so, no, he did the right thing.
Speaker:Maybe gas prices are higher in the short term,
Speaker:but that's a small price to pay to take a
Speaker:nuclear power off the table. Interesting. And I wonder
Speaker:if this latest peace deal or the truce is. So he gets a new set
Speaker:of downs. Maybe Trump really is playing three dimensional chess.
Speaker:Yeah. A lot of people think he is doing a rope a dope thing. Let's
Speaker:get through the midterms. Let's just string. If Iran wants
Speaker:to string this out, I'll rope a dope with him. And then after the midterms,
Speaker:if I still have a Republican House and a Senate. Rock and roll.
Speaker:We're rocking and rolling. All right, my good and bad. Yes, sir. We'll start with
Speaker:the bad. People who hate the country just
Speaker:because they don't like the president. People who
Speaker:are metaphorically pissing in the.
Speaker:In the Lincoln pool. A reflection pond.
Speaker:The reflection. It's like, come on, guys. Yeah.
Speaker:Why? Come on, it's still a country.
Speaker:If Biden would have done this, would you have had the same reaction? The answer
Speaker:is no. Well, and in fact, Obama did spend 14
Speaker:million to try to clean up the reflecting pool,
Speaker:and Trump spent just about the same amount. But it's a crime
Speaker:when he does it. Yeah. It's just so insane. So that's my loser. All you
Speaker:people are losers, right? Look, I get it. Don't vote for the man. I could
Speaker:care less who you vote for. I mean, I care who runs the country, but
Speaker:I don't hate the country because when. When the people that I didn't vote for
Speaker:are in charge of the country, guess what? I still love the country. Exactly. Which
Speaker:brings me to the good. Exactly. Robert Van
Speaker:Winkle, AKA Vanilla Ice. Ice. Ice,
Speaker:baby. You win this week, my friend. You win because. What's he say?
Speaker:He performed at the I love the 90s portion of the celebration. Yeah.
Speaker:And he basically just said his quote. Shut up and play. Yeah, shut up and
Speaker:play. I'll play for Putin if that's what you want. I'm playing my music, man.
Speaker:We're going to have fun. We're going to celebrate the country. Agreed. That's exactly what
Speaker:should have happened. Agreed. And these artists who think that because they can play an
Speaker:instrument, they can play some music, they can act on TV or on the stage,
Speaker:I think you have God given talent that is remarkable. But that
Speaker:doesn't mean that you understand politics any better than the rest. Right? Right.
Speaker:And I don't need to hear your opinions on it. I could give a rat's
Speaker:ass about your opinion unless I ask for it. Right. A
Speaker:good example of how the country has changed would be
Speaker:like when you look at presidents who were controversial, like
Speaker:Lyndon Baines Johnson or Richard M. Nixon,
Speaker:you would have people who were clearly on the other side of the political
Speaker:spectrum, like Diana Ross or
Speaker:Stevie Wonder. They would go and perform at the White House.
Speaker:And they weren't there to say, nixon's my guy. They were there
Speaker:to say, we love the country and I respect the office of the President.
Speaker:The President's asked me to perform and I'm not going to do
Speaker:it for him. I'm going to do it for the office and
Speaker:for the country. As they say in the military, salute the man or salute the
Speaker:rank, not the man. And I'm not going to. You know, Aretha Franklin. You know,
Speaker:these kinds of people who were great musicians would
Speaker:just go and do their art and they
Speaker:weren't using the occasion to chastise
Speaker:the President. So stupid. All right, well, look, that's your weekly dose of common
Speaker:sense, at least for now. We
Speaker:are coming at you right from the middle till next week.