WEBVTT 00:02.635 --> 00:06.773 align:left position:22.5%,start line:5% size:67.5% >> This is NC Spin, an unrehearsed discussion 00:06.873 --> 00:09.409 align:left position:25%,start line:5% size:65% on issues of interest to North Carolinians. 00:09.509 --> 00:11.845 align:left position:17.5%,start line:5% size:72.5% Now here is your moderator Tom Campbell. 00:14.514 --> 00:17.017 align:left position:12.5%,start line:5% size:77.5% >> Thank you for watching This week's NC Spin. 00:17.117 --> 00:20.286 align:left position:17.5%,start line:5% size:72.5% Courtroom controversies are front and center this week 00:20.387 --> 00:23.356 align:left position:20%,start line:5% size:70% as we began by discussing a rerun of sorts. 00:23.456 --> 00:26.459 align:left position:10%,start line:5% size:80% The legislature passed the bill. The governor vetoed it. 00:26.559 --> 00:30.263 align:left position:15%,start line:5% size:75% Lawmakers overrode the veto. Then comes the court case 00:30.363 --> 00:32.966 align:left position:17.5%,start line:5% size:72.5% this time over constitutional amendments. 00:33.066 --> 00:36.403 align:left position:20%,start line:5% size:70% We'll also discuss a 473 million dollar jury 00:36.503 --> 00:40.006 align:left position:17.5%,start line:5% size:72.5% award to hog farm neighbors against Smithfield Foods. 00:40.106 --> 00:42.709 align:left position:20%,start line:5% size:70% And it is time we want to ask why school boards 00:42.809 --> 00:45.745 align:left position:12.5%,start line:5% size:77.5% are going to court over seven hundred thirty million dollars 00:45.845 --> 00:47.380 align:left position:30%,start line:5% size:60% in unpaid fines. 00:47.480 --> 00:49.616 align:left position:22.5%,start line:5% size:67.5% But of course as always we'll ask the panel 00:49.716 --> 00:51.684 align:left position:20%,start line:5% size:70% to tell us something we don't know. 00:51.785 --> 00:53.420 align:left position:27.5%,start line:5% size:62.5% So let's introduce this week's panel 00:53.520 --> 00:56.389 align:left position:20%,start line:5% size:70% include former Lieutenant Governor Dennis Wicker. 00:57.290 --> 00:59.259 align:left position:25%,start line:5% size:65% John Hood syndicated columnist and author, 00:59.359 --> 01:03.129 align:left position:22.5%,start line:5% size:67.5% Chris Fitzsimon senior political analyst. 01:03.229 --> 01:07.133 align:left position:12.5%,start line:5% size:77.5% And Patrick Sebastian campaign and communications consultant. 01:07.233 --> 01:09.335 align:left position:25%,start line:5% size:65% >> We'll begin our uninterrupted debate 01:09.436 --> 01:12.405 align:left position:17.5%,start line:5% size:72.5% after these brief messages by our underwriters. 01:13.239 --> 01:15.508 align:left position:12.5%,start line:5% size:77.5% >> In rural North Carolina, vibrant Main Streets 01:15.608 --> 01:18.144 align:left position:25%,start line:5% size:65% depend on a thriving agricultural economy. 01:18.244 --> 01:20.547 align:left position:25%,start line:5% size:65% Research at NC State improves the products 01:20.647 --> 01:22.348 align:left position:17.5%,start line:5% size:72.5% our farmers raise and grow. 01:22.449 --> 01:25.985 align:left position:12.5%,start line:5% size:77.5% NC State Extension brings that research from labs to fields 01:26.086 --> 01:27.821 align:left position:27.5%,start line:5% size:62.5% in all 100 counties 01:27.921 --> 01:30.490 align:left position:15%,start line:5% size:75% which means growth for rural in North Carolina. 01:30.590 --> 01:34.127 align:left position:12.5%,start line:5% size:77.5% At NC State, what we think and do helps grow local economies. 01:34.227 --> 01:37.363 align:left position:17.5%,start line:5% size:72.5% >> Discover how NC State and extension work for you. 01:37.464 --> 01:41.468 align:left position:42.5%,start line:5% size:47.5% Visit: 01:43.670 --> 01:45.638 align:left position:22.5%,start line:5% size:67.5% >> Underwriting support provided in part 01:45.738 --> 01:48.942 align:left position:10%,start line:5% size:80% by the more than 65,000 members of the North Carolina 01:49.042 --> 01:51.811 align:left position:25%,start line:5% size:65% Retired Governmental Employees Association 01:52.812 --> 01:55.081 align:left position:25%,start line:5% size:65% >> Today's tools make your real DIY'er 01:55.181 --> 01:56.916 align:left position:17.5%,start line:5% size:72.5% and as a member of an electric cooperative 01:57.016 --> 02:00.153 align:left position:10%,start line:5% size:80% you have lots of valuable tools to help you do it yourself 02:00.253 --> 02:02.822 align:left position:20%,start line:5% size:70% and controlling your home energy use and budget 02:02.922 --> 02:05.225 align:left position:17.5%,start line:5% size:72.5% leaving you free to be dad. 02:07.627 --> 02:09.262 align:left position:20%,start line:5% size:70% >> Before we get started on this show 02:09.362 --> 02:11.264 align:left position:17.5%,start line:5% size:72.5% I want to thank our good friend Brad Crone 02:11.364 --> 02:13.900 align:left position:20%,start line:5% size:70% for sitting in for me the last couple of weeks 02:14.000 --> 02:15.702 align:left position:10%,start line:5% size:80% a number of viewers wrote saying 02:16.202 --> 02:17.437 align:left position:22.5%,start line:5% size:67.5% why don't you just move out of the way 02:17.537 --> 02:21.074 align:left position:20%,start line:5% size:70% and let Brad do this permanently from now on. 02:21.174 --> 02:25.011 align:left position:17.5%,start line:5% size:72.5% We're under discussion about that, until such time 02:25.111 --> 02:27.480 align:left position:17.5%,start line:5% size:72.5% as that happens however I'll try to muddle through. 02:27.580 --> 02:29.115 align:left position:25%,start line:5% size:65% So let's get started. 02:29.215 --> 02:32.318 align:left position:12.5%,start line:5% size:77.5% You almost need a scorecard to figure out all the lawsuits 02:32.418 --> 02:34.387 align:left position:17.5%,start line:5% size:72.5% over the six constitutional amendments 02:34.487 --> 02:37.357 align:left position:15%,start line:5% size:75% our legislature wants to put on the ballot in November. 02:37.457 --> 02:39.325 align:left position:20%,start line:5% size:70% Governor Cooper is one of the defendants 02:39.425 --> 02:41.294 align:left position:17.5%,start line:5% size:72.5% suing two plaintiffs suing 02:41.394 --> 02:44.430 align:left position:15%,start line:5% size:75% to prevent them from going to a vote saying two of them 02:44.531 --> 02:47.500 align:left position:10%,start line:5% size:80% violate the separation of powers in our state 02:47.600 --> 02:50.036 align:left position:17.5%,start line:5% size:72.5% and the NAACP and an environmental group 02:50.136 --> 02:52.906 align:left position:15%,start line:5% size:75% are also getting into the act trying to stop the vote. 02:53.006 --> 02:56.276 align:left position:15%,start line:5% size:75% Let's ask our panel to try to unravel this Dennis Wicker 02:57.544 --> 02:59.345 align:left position:27.5%,start line:5% size:62.5% in order to provide full disclosure 02:59.445 --> 03:03.816 align:left position:10%,start line:5% size:80% I need to say that your law firm is representing the legislature 03:03.917 --> 03:05.985 align:left position:15%,start line:5% size:75% in several of these lawsuits 03:06.085 --> 03:08.988 align:left position:17.5%,start line:5% size:72.5% even though you personally are not involved in them. 03:09.088 --> 03:11.791 align:left position:17.5%,start line:5% size:72.5% Now three former governors have sounded off 03:11.891 --> 03:13.860 align:left position:30%,start line:5% size:60% on the separation of powers issue 03:13.960 --> 03:15.662 align:left position:22.5%,start line:5% size:67.5% saying the legislature is overreaching 03:15.762 --> 03:19.199 align:left position:10%,start line:5% size:80% its constitutional authority a Superior Court judge 03:19.299 --> 03:22.969 align:left position:12.5%,start line:5% size:77.5% refused to give a TRO or temporary restraining order 03:23.069 --> 03:25.538 align:left position:17.5%,start line:5% size:72.5% saying a three judge panel should rule on it. 03:25.638 --> 03:28.074 align:left position:17.5%,start line:5% size:72.5% How big a blow is this to Governor Cooper's case. 03:28.808 --> 03:31.811 align:left position:20%,start line:5% size:70% >> Well first of all Tom it is awfully confusing 03:31.911 --> 03:33.146 align:left position:20%,start line:5% size:70% to the viewers out there. 03:33.246 --> 03:36.816 align:left position:22.5%,start line:5% size:67.5% I mean it is a lawsuit for the week 03:37.584 --> 03:39.752 align:left position:25%,start line:5% size:65% but I don't think this is a major blow 03:39.852 --> 03:43.723 align:left position:22.5%,start line:5% size:67.5% to the to the governor on this last ruling. 03:44.390 --> 03:47.760 align:left position:17.5%,start line:5% size:72.5% Procedurally the judge made a correct ruling this 03:47.860 --> 03:53.666 align:left position:10%,start line:5% size:80% has to go to a three panel judge trial judges under the law 03:53.766 --> 03:56.236 align:left position:15%,start line:5% size:75% and he appointed those judges one's a Democrat 03:56.336 --> 03:58.471 align:left position:20%,start line:5% size:70% one's a Republican and one's an independent. 03:58.571 --> 03:59.672 align:left position:27.5%,start line:5% size:62.5% They will convene. 03:59.772 --> 04:02.442 align:left position:17.5%,start line:5% size:72.5% I believe they scheduled that for this coming Friday 04:02.976 --> 04:05.745 align:left position:12.5%,start line:5% size:77.5% and they will convene and they will determine the merits 04:05.845 --> 04:07.614 align:left position:27.5%,start line:5% size:62.5% of the temporary restraining order. 04:08.281 --> 04:10.416 align:left position:20%,start line:5% size:70% Meanwhile the State Board of Elections 04:10.516 --> 04:14.420 align:left position:10%,start line:5% size:80% has put off printing the ballots and that's the real problem here 04:14.520 --> 04:16.556 align:left position:22.5%,start line:5% size:67.5% because time is not on the governor's post 04:16.656 --> 04:18.625 align:left position:17.5%,start line:5% size:72.5% >> Supposed to have been on August 8th. 04:18.725 --> 04:20.627 align:left position:12.5%,start line:5% size:77.5% >> Now they've said maybe next week 04:20.727 --> 04:23.162 align:left position:15%,start line:5% size:75% and then I think what's going 04:23.263 --> 04:25.398 align:left position:10%,start line:5% size:80% on is they're trying to time it with the ruling of the judges. 04:25.498 --> 04:28.968 align:left position:22.5%,start line:5% size:67.5% Now they hear this case next Friday apparently. 04:29.535 --> 04:31.804 align:left position:20%,start line:5% size:70% But that doesn't mean they rule on it that day. 04:31.904 --> 04:33.206 align:left position:10%,start line:5% size:80% So we have to worry about that. 04:33.306 --> 04:37.143 align:left position:22.5%,start line:5% size:67.5% >> Patrick does it help or hurt that the NAACP 04:37.243 --> 04:40.947 align:left position:15%,start line:5% size:75% and this environmental group joined into this lawsuit 04:41.047 --> 04:42.482 align:left position:25%,start line:5% size:65% or is it just make it more confusing. 04:42.582 --> 04:43.716 align:left position:27.5%,start line:5% size:62.5% >> It does make it more confusing. 04:43.816 --> 04:46.653 align:left position:20%,start line:5% size:70% I got to tell you I think especially the lawsuit 04:47.620 --> 04:49.789 align:left position:15%,start line:5% size:75% with as far as the governor's powers is going to be 04:49.889 --> 04:52.625 align:left position:15%,start line:5% size:75% maybe the toughest ballot initiative to pass this year. 04:53.259 --> 04:54.761 align:left position:17.5%,start line:5% size:72.5% You have like you mentioned before you have 04:54.861 --> 04:56.396 align:left position:25%,start line:5% size:65% Republican governors come out against it. 04:56.496 --> 04:58.998 align:left position:12.5%,start line:5% size:77.5% You have a lot of people say you know we elected a governor 04:59.098 --> 05:01.968 align:left position:10%,start line:5% size:80% to be our statewide governor it's hard to be elected governor 05:02.068 --> 05:05.104 align:left position:12.5%,start line:5% size:77.5% and if you want to if you want to enforce the law 05:05.204 --> 05:07.573 align:left position:17.5%,start line:5% size:72.5% you should run for governor not the legislature. 05:07.674 --> 05:08.841 align:left position:12.5%,start line:5% size:77.5% I can be a hard thing to pass. 05:08.941 --> 05:10.610 align:left position:15%,start line:5% size:75% Perhaps that might be the closest ballot initiative 05:10.710 --> 05:11.811 align:left position:27.5%,start line:5% size:62.5% on the whole thing. 05:11.911 --> 05:15.214 align:left position:17.5%,start line:5% size:72.5% >> Important point, because that's and the governors 05:15.315 --> 05:17.884 align:left position:15%,start line:5% size:75% and I personally share their concerns about the separation 05:17.984 --> 05:20.286 align:left position:17.5%,start line:5% size:72.5% of powers and implications of this amendment. 05:20.386 --> 05:22.121 align:left position:20%,start line:5% size:70% But remember what we have before us right now 05:22.221 --> 05:24.157 align:left position:17.5%,start line:5% size:72.5% is not a substantive debate 05:24.257 --> 05:26.292 align:left position:15%,start line:5% size:75% about whether this amendment is good. 05:26.392 --> 05:28.995 align:left position:20%,start line:5% size:70% What what Governor Cooper is trying to do 05:29.095 --> 05:32.265 align:left position:10%,start line:5% size:80% is to get the court to throw out all that amendment out 05:32.365 --> 05:34.801 align:left position:20%,start line:5% size:70% and another amendment out on judicial selection 05:34.901 --> 05:36.402 align:left position:25%,start line:5% size:65% for being ambiguous. 05:36.502 --> 05:38.671 align:left position:15%,start line:5% size:75% There's no precedent for the Supreme Court to do that. 05:38.771 --> 05:42.342 align:left position:10%,start line:5% size:80% The Constitution clearly gives the authority to the legislature 05:42.442 --> 05:43.643 align:left position:15%,start line:5% size:75% and ultimately to the people 05:43.743 --> 05:46.512 align:left position:10%,start line:5% size:80% when it comes to making amendments to the Constitution. 05:46.612 --> 05:50.783 align:left position:12.5%,start line:5% size:77.5% >> So even though when we get to actually arguing the merits 05:50.883 --> 05:53.152 align:left position:10%,start line:5% size:80% of the amendment I think I might agree with Governor Cooper 05:53.252 --> 05:54.887 align:left position:20%,start line:5% size:70% I don't think his lawsuit makes sense 05:54.987 --> 05:57.457 align:left position:30%,start line:5% size:60% >> Chris that the legislature says 05:58.891 --> 06:00.526 align:left position:20%,start line:5% size:70% since there's no specific wording on this 06:00.626 --> 06:03.629 align:left position:10%,start line:5% size:80% we can write the wording for these amendments on the ballot. 06:03.730 --> 06:05.798 align:left position:27.5%,start line:5% size:62.5% the way we want to. 06:05.898 --> 06:07.233 align:left position:10%,start line:5% size:80% >> We'll see if the judges agree with that. 06:07.333 --> 06:10.203 align:left position:15%,start line:5% size:75% I think it's probably a tough sell to convince the judges 06:10.303 --> 06:12.638 align:left position:17.5%,start line:5% size:72.5% that the legislature doesn't have the authority 06:12.739 --> 06:13.940 align:left position:27.5%,start line:5% size:62.5% to write the ballot 06:14.040 --> 06:16.142 align:left position:10%,start line:5% size:80% how they want to that a couple other fascinating things though. 06:16.242 --> 06:17.643 align:left position:22.5%,start line:5% size:67.5% One is we are in a time crunch now 06:17.744 --> 06:19.979 align:left position:15%,start line:5% size:75% because of the election which points to the whole problem 06:20.079 --> 06:21.614 align:left position:27.5%,start line:5% size:62.5% why would you have a special session 06:21.714 --> 06:23.082 align:left position:25%,start line:5% size:65% to put six amendments on the ballot 06:23.182 --> 06:25.351 align:left position:17.5%,start line:5% size:72.5% without thoughtful consideration public input. 06:25.451 --> 06:27.854 align:left position:10%,start line:5% size:80% Do this in the regular session. So there will be plenty of time. 06:27.954 --> 06:30.022 align:left position:10%,start line:5% size:80% >> I though they did it during the short session. 06:30.123 --> 06:32.225 align:left position:15%,start line:5% size:75% They didn't do the amendments during the special -- 06:32.325 --> 06:34.460 align:left position:15%,start line:5% size:75% >> They did at the end of the short session the last week. 06:34.560 --> 06:36.362 align:left position:10%,start line:5% size:80% I mean this is not a special day the end of the short session 06:36.462 --> 06:37.363 align:left position:10%,start line:5% size:80% this is they've been contemplating this 06:37.463 --> 06:38.264 align:left position:30%,start line:5% size:60% for a long time. 06:38.364 --> 06:39.399 align:left position:15%,start line:5% size:75% >> They've been talking about it. 06:39.499 --> 06:40.700 align:left position:22.5%,start line:5% size:67.5% >> They've been talking about this a long time. 06:40.800 --> 06:42.602 align:left position:12.5%,start line:5% size:77.5% And the other thing I think we're not talking specifically 06:42.702 --> 06:43.903 align:left position:10%,start line:5% size:80% about the voter ID amendment now 06:44.003 --> 06:46.105 align:left position:12.5%,start line:5% size:77.5% but the other issue I think is that the public really 06:46.205 --> 06:47.874 align:left position:12.5%,start line:5% size:77.5% doesn't know this is one of the first times 06:47.974 --> 06:49.275 align:left position:22.5%,start line:5% size:67.5% we've had an amendment with no language. 06:49.375 --> 06:52.311 align:left position:10%,start line:5% size:80% We don't really know what we're voting on which I think again 06:52.412 --> 06:53.679 align:left position:15%,start line:5% size:75% might not be a legal question 06:53.780 --> 06:55.448 align:left position:27.5%,start line:5% size:62.5% but it's a big substantive issue. 06:56.149 --> 06:57.817 align:left position:10%,start line:5% size:80% >> Let's get into some specifics here 06:57.917 --> 07:00.353 align:left position:10%,start line:5% size:80% because again the governor says 07:00.453 --> 07:03.556 align:left position:12.5%,start line:5% size:77.5% that these amendments the two of them anyway are misleading. 07:04.857 --> 07:07.226 align:left position:15%,start line:5% size:75% Will if you can let's put up still one. It says: 07:28.848 --> 07:31.284 align:left position:10%,start line:5% size:80% Patrick do you see where this could be sort of misleading 07:31.384 --> 07:32.518 align:left position:27.5%,start line:5% size:62.5% to a certain extent 07:32.618 --> 07:34.253 align:left position:25%,start line:5% size:65% because essentially what's happening here 07:34.353 --> 07:37.690 align:left position:15%,start line:5% size:75% is this is going to transfer power from the governor 07:37.790 --> 07:41.861 align:left position:10%,start line:5% size:80% making the appointments over to a commission which is formed 07:43.629 --> 07:46.032 align:left position:27.5%,start line:5% size:62.5% which will consider applique names 07:46.132 --> 07:48.034 align:left position:15%,start line:5% size:75% of potential jurists forward 07:48.134 --> 07:51.070 align:left position:15%,start line:5% size:75% two to the governor who has to appoint assembly. 07:51.170 --> 07:53.005 align:left position:10%,start line:5% size:80% >> I mean the general assembly - >> The General Assembly 07:53.105 --> 07:54.874 align:left position:27.5%,start line:5% size:62.5% gives the governor two choices, 07:54.974 --> 07:56.476 align:left position:25%,start line:5% size:65% and he has to choose one of them. 07:56.576 --> 07:58.611 align:left position:17.5%,start line:5% size:72.5% >> I didn't say that right. I'm just to get it right. 07:58.711 --> 08:00.580 align:left position:10%,start line:5% size:80% >> Really, by definition this is political. 08:00.680 --> 08:02.548 align:left position:10%,start line:5% size:80% I mean there's really no way around it. 08:02.648 --> 08:04.917 align:left position:10%,start line:5% size:80% It's going to be political whether the legislature appoints 08:05.017 --> 08:07.420 align:left position:17.5%,start line:5% size:72.5% a judge or or the governor appoints a judge. 08:07.520 --> 08:10.423 align:left position:17.5%,start line:5% size:72.5% Again you know this is this is really unprecedented 08:10.523 --> 08:12.391 align:left position:20%,start line:5% size:70% unprecedented territory I know in South Carolina. 08:12.492 --> 08:14.160 align:left position:20%,start line:5% size:70% The legislature appoints all the judges. 08:14.260 --> 08:15.728 align:left position:27.5%,start line:5% size:62.5% It's kind of crazy how much power 08:15.828 --> 08:17.897 align:left position:25%,start line:5% size:65% they have down there in North Carolina. 08:18.965 --> 08:20.766 align:left position:20%,start line:5% size:70% Again I don't know people are going to go for it 08:20.867 --> 08:22.001 align:left position:20%,start line:5% size:70% but those kind of ballot 08:22.101 --> 08:24.370 align:left position:15%,start line:5% size:75% and those kinds of ballot questions who's going to know 08:24.470 --> 08:26.439 align:left position:15%,start line:5% size:75% unless there's a real there's got to be some real money -- 08:26.539 --> 08:29.375 align:left position:22.5%,start line:5% size:67.5% >> Has there been that much of a problem with 08:29.475 --> 08:30.643 align:left position:20%,start line:5% size:70% the governor making these appointments Dennis? 08:30.743 --> 08:31.944 align:left position:25%,start line:5% size:65% >> I don't think so. 08:32.044 --> 08:35.882 align:left position:15%,start line:5% size:75% Our judiciary has been pretty well corrupt for a few years 08:35.982 --> 08:38.217 align:left position:12.5%,start line:5% size:77.5% and there has been no problems 08:38.317 --> 08:40.753 align:left position:12.5%,start line:5% size:77.5% that I think with the governor appointing judges. 08:41.320 --> 08:46.325 align:left position:10%,start line:5% size:80% I do think I do think it will make lawyers think a lot 08:46.425 --> 08:48.394 align:left position:20%,start line:5% size:70% about running for the legislature now. 08:48.494 --> 08:50.429 align:left position:20%,start line:5% size:70% >> So they will be making these appointments 08:50.530 --> 08:51.931 align:left position:17.5%,start line:5% size:72.5% and having a big say in it. 08:52.031 --> 08:56.002 align:left position:17.5%,start line:5% size:72.5% But we've had really across for a solid good judiciary 08:56.102 --> 08:58.738 align:left position:12.5%,start line:5% size:77.5% is not an option I think is the problem it's partisanship. 08:58.838 --> 09:00.072 align:left position:25%,start line:5% size:65% >> This is like this. 09:00.172 --> 09:02.008 align:left position:15%,start line:5% size:75% This amendment I think is the most egregiously word 09:02.108 --> 09:03.743 align:left position:22.5%,start line:5% size:67.5% it's like a partisan Madlib game. 09:03.843 --> 09:06.112 align:left position:10%,start line:5% size:80% They put all these words in their merit based professional. 09:06.212 --> 09:07.947 align:left position:15%,start line:5% size:75% Well what it really means is they don't want the governor 09:08.047 --> 09:09.181 align:left position:30%,start line:5% size:60% whoever he or she 09:09.282 --> 09:11.617 align:left position:20%,start line:5% size:70% is to have as much power appointing judges or men 09:11.717 --> 09:13.886 align:left position:15%,start line:5% size:75% that really ought to say take power away from the governor 09:13.986 --> 09:16.756 align:left position:10%,start line:5% size:80% put it in the legislature's hands to appoint judges as John 09:16.856 --> 09:18.958 align:left position:12.5%,start line:5% size:77.5% one of the things that they're most concerned about here 09:19.058 --> 09:20.826 align:left position:10%,start line:5% size:80% is the way this bill was worded. 09:21.627 --> 09:24.297 align:left position:12.5%,start line:5% size:77.5% >> They're concerned that perhaps in this recommendation 09:24.397 --> 09:26.933 align:left position:20%,start line:5% size:70% this judicial selection recommendation 09:27.033 --> 09:29.735 align:left position:20%,start line:5% size:70% they could potentially attach a bill 09:29.835 --> 09:31.704 align:left position:27.5%,start line:5% size:62.5% which the governor could not veto. 09:31.804 --> 09:32.972 align:left position:35%,start line:5% size:55% Is that fair. 09:33.072 --> 09:35.441 align:left position:22.5%,start line:5% size:67.5% >> Not really that that has been argued 09:35.541 --> 09:37.443 align:left position:17.5%,start line:5% size:72.5% by some Senator Jeff Jackson Mecklenburg County 09:37.543 --> 09:40.479 align:left position:17.5%,start line:5% size:72.5% or county kind of started that meem on the internet. 09:40.580 --> 09:42.882 align:left position:22.5%,start line:5% size:67.5% I don't believe that is particularly persuasive 09:42.982 --> 09:44.617 align:left position:27.5%,start line:5% size:62.5% but the argument they do have for it 09:44.717 --> 09:47.186 align:left position:17.5%,start line:5% size:72.5% is that they you could have changed the language 09:47.286 --> 09:49.622 align:left position:17.5%,start line:5% size:72.5% to rule that out and they didn't change it. 09:49.722 --> 09:51.424 align:left position:20%,start line:5% size:70% Well legislature response is why we rule out 09:51.524 --> 09:52.959 align:left position:15%,start line:5% size:75% something that's impossible. 09:53.059 --> 09:54.560 align:left position:25%,start line:5% size:65% I think that this is a little bit like 09:54.660 --> 09:56.329 align:left position:25%,start line:5% size:65% claiming the victims rights amendment 09:56.429 --> 09:59.899 align:left position:15%,start line:5% size:75% will actually is some sort of sneaky anti-abortion thing 09:59.999 --> 10:02.802 align:left position:15%,start line:5% size:75% that this is conspiracy theorizing of the worst kind. 10:02.902 --> 10:04.870 align:left position:27.5%,start line:5% size:62.5% It doesn't help us. 10:04.971 --> 10:07.807 align:left position:10%,start line:5% size:80% >> It sounds like you if you're a lawyer and a legislator 10:07.907 --> 10:09.375 align:left position:17.5%,start line:5% size:72.5% you know there's a high possibility 10:09.475 --> 10:11.344 align:left position:22.5%,start line:5% size:67.5% you could argue a case in front of a judge 10:11.444 --> 10:13.279 align:left position:15%,start line:5% size:75% that you basically appointed. 10:13.379 --> 10:15.648 align:left position:10%,start line:5% size:80% >> There is actually that's why I would suggest 10:15.748 --> 10:18.317 align:left position:20%,start line:5% size:70% the lawyers around them. 10:18.417 --> 10:20.653 align:left position:15%,start line:5% size:75% >> I agree that the attorney general does that that's true 10:20.753 --> 10:23.055 align:left position:15%,start line:5% size:75% but that's currently the case when the governor appoints 10:23.155 --> 10:25.224 align:left position:12.5%,start line:5% size:77.5% the vacancies and the governor has cases that go before. 10:25.324 --> 10:26.692 align:left position:15%,start line:5% size:75% >> Let's put up still two so that 10:26.792 --> 10:28.694 align:left position:25%,start line:5% size:65% we can look at this the second amendment 10:28.794 --> 10:30.796 align:left position:15%,start line:5% size:75% that that Governor Cowper's is concerned about. It says: 10:52.652 --> 10:55.187 align:left position:15%,start line:5% size:75% >> Wow a lot of words there. 10:55.287 --> 10:57.523 align:left position:22.5%,start line:5% size:67.5% Basically what they're concerned about 10:57.623 --> 11:00.760 align:left position:15%,start line:5% size:75% is it's going to transpire again power from the governor 11:01.694 --> 11:06.198 align:left position:17.5%,start line:5% size:72.5% to having four members of the elections and ethics 11:06.298 --> 11:09.301 align:left position:17.5%,start line:5% size:72.5% commission from one party four from the other party. 11:10.169 --> 11:12.338 align:left position:10%,start line:5% size:80% And it's going to further erode the power of the government. 11:12.438 --> 11:14.907 align:left position:10%,start line:5% size:80% And I don't think that not just don't elections. That's right. 11:15.007 --> 11:16.642 align:left position:22.5%,start line:5% size:67.5% >> That's right. And that's a big point 11:16.742 --> 11:18.644 align:left position:20%,start line:5% size:70% but I actually think that this is another one 11:18.744 --> 11:20.079 align:left position:22.5%,start line:5% size:67.5% I think this is going to confuse the public. 11:20.179 --> 11:21.747 align:left position:20%,start line:5% size:70% There's lots of language in here. 11:21.847 --> 11:23.315 align:left position:22.5%,start line:5% size:67.5% All the things to me are case studies about 11:23.416 --> 11:25.618 align:left position:20%,start line:5% size:70% why we shouldn't do this in a rushed short session 11:25.718 --> 11:27.820 align:left position:10%,start line:5% size:80% why we should have had hearings that had a lot of input. 11:27.920 --> 11:29.255 align:left position:17.5%,start line:5% size:72.5% Maybe we need to change the constitution. 11:29.355 --> 11:31.023 align:left position:17.5%,start line:5% size:72.5% We surely don't need to change it six amendments 11:31.123 --> 11:34.126 align:left position:12.5%,start line:5% size:77.5% at a time with little thought going back to the two of them. 11:34.927 --> 11:37.596 align:left position:20%,start line:5% size:70% >> Article 13 of our Constitution Patrick says 11:38.097 --> 11:41.100 align:left position:20%,start line:5% size:70% that proposed amendments should be fairly 11:41.200 --> 11:43.536 align:left position:20%,start line:5% size:70% and accurately reflected on the ballot. 11:44.270 --> 11:46.038 align:left position:22.5%,start line:5% size:67.5% Do these pass the test. 11:46.138 --> 11:48.741 align:left position:17.5%,start line:5% size:72.5% >> Well as far as the Board of Elections 11:48.841 --> 11:52.445 align:left position:10%,start line:5% size:80% things that's a good part but frankly who's going to know 11:52.545 --> 11:54.880 align:left position:25%,start line:5% size:65% unless there's a real public campaign 11:54.980 --> 11:56.115 align:left position:12.5%,start line:5% size:77.5% about the appointment process. 11:56.215 --> 11:58.417 align:left position:17.5%,start line:5% size:72.5% So it's kind of hard to say they are really. 11:59.018 --> 12:00.586 align:left position:15%,start line:5% size:75% And I don't know what's going to happen there 12:00.686 --> 12:02.354 align:left position:15%,start line:5% size:75% but there might be something big coming out 12:02.455 --> 12:04.523 align:left position:22.5%,start line:5% size:67.5% with people really do want to push. 12:04.623 --> 12:06.292 align:left position:17.5%,start line:5% size:72.5% >> Yeah I think the nature of the problem here 12:06.392 --> 12:08.260 align:left position:20%,start line:5% size:70% is that that constitutional provision 12:08.360 --> 12:10.763 align:left position:17.5%,start line:5% size:72.5% is there that this ought to be true. 12:10.863 --> 12:12.498 align:left position:27.5%,start line:5% size:62.5% This ought to not mislead the voters. 12:12.598 --> 12:14.300 align:left position:27.5%,start line:5% size:62.5% The problem is what is the remedy here. 12:14.400 --> 12:16.368 align:left position:17.5%,start line:5% size:72.5% This is a really ultimately a political question 12:16.469 --> 12:20.673 align:left position:17.5%,start line:5% size:72.5% the voters do get to decide whether to do this or not. 12:20.773 --> 12:22.575 align:left position:25%,start line:5% size:65% I think on this board of elections 12:22.675 --> 12:25.478 align:left position:15%,start line:5% size:75% Memet for example this is not Aquash where I have concerns 12:25.578 --> 12:28.347 align:left position:12.5%,start line:5% size:77.5% I'm actively against this bill but I think it's a bad idea 12:28.447 --> 12:30.883 align:left position:17.5%,start line:5% size:72.5% but I also will the average citizen no doubt understand 12:30.983 --> 12:32.318 align:left position:20%,start line:5% size:70% well they'll listen to me and of course 12:32.418 --> 12:35.554 align:left position:15%,start line:5% size:75% they'll vote on something. It is a compelling discussion 12:35.654 --> 12:38.491 align:left position:10%,start line:5% size:80% but allowing judges to intervene and say we don't think 12:38.591 --> 12:40.693 align:left position:20%,start line:5% size:70% this is an accurate reading of the amendment 12:40.793 --> 12:42.428 align:left position:10%,start line:5% size:80% therefore we're going to take it off the ballot. 12:42.528 --> 12:43.729 align:left position:12.5%,start line:5% size:77.5% That is a dangerous precedent. 12:43.829 --> 12:45.030 align:left position:25%,start line:5% size:65% >> And I lived with the legislature 12:45.131 --> 12:47.333 align:left position:15%,start line:5% size:75% the Republican legislature gave the authority to do this 12:47.433 --> 12:49.135 align:left position:20%,start line:5% size:70% to a commission thinking 12:49.235 --> 12:51.537 align:left position:10%,start line:5% size:80% that I think that the Republican attorney general candidate 12:51.637 --> 12:52.872 align:left position:15%,start line:5% size:75% Buck Newton was going to win. 12:52.972 --> 12:54.507 align:left position:12.5%,start line:5% size:77.5% Then all of a sudden we talked about this last week 12:54.607 --> 12:55.808 align:left position:22.5%,start line:5% size:67.5% or last couple of weeks 12:55.908 --> 12:57.109 align:left position:25%,start line:5% size:65% then all of a sudden there's a 2 to 1 12:57.209 --> 12:58.878 align:left position:15%,start line:5% size:75% Democratic majority in that commission. 12:58.978 --> 13:00.846 align:left position:15%,start line:5% size:75% Then they took that they had a they had a session 13:00.946 --> 13:02.181 align:left position:15%,start line:5% size:75% to take that power in effect 13:02.281 --> 13:03.482 align:left position:25%,start line:5% size:65% take that power away from the commission 13:03.582 --> 13:05.518 align:left position:17.5%,start line:5% size:72.5% they gave the power to. So they were playing games 13:05.618 --> 13:06.886 align:left position:17.5%,start line:5% size:72.5% before they started playing again. 13:06.986 --> 13:08.754 align:left position:10%,start line:5% size:80% This is a really important point is the argument 13:08.854 --> 13:11.524 align:left position:17.5%,start line:5% size:72.5% I just made which I believe because I made it. 13:11.624 --> 13:14.026 align:left position:15%,start line:5% size:75% >> Does cut both ways though. I mean just a few weeks ago 13:14.126 --> 13:15.361 align:left position:17.5%,start line:5% size:72.5% the Republicans were saying 13:15.461 --> 13:17.630 align:left position:22.5%,start line:5% size:67.5% if you put a caption on the ballot 13:17.730 --> 13:19.231 align:left position:17.5%,start line:5% size:72.5% that we think is misleading that's wrong. 13:19.331 --> 13:20.699 align:left position:27.5%,start line:5% size:62.5% We're going to have a special session. 13:20.800 --> 13:23.369 align:left position:12.5%,start line:5% size:77.5% Take it off because the voters might be confused. 13:23.469 --> 13:24.937 align:left position:20%,start line:5% size:70% Now they're arguing well 13:25.037 --> 13:27.439 align:left position:17.5%,start line:5% size:72.5% you know the voters have the ultimate decision. 13:27.540 --> 13:29.675 align:left position:20%,start line:5% size:70% It's their responsibility to inform themselves. 13:29.775 --> 13:31.977 align:left position:17.5%,start line:5% size:72.5% Let's choose one or the other argument here. 13:32.511 --> 13:37.049 align:left position:10%,start line:5% size:80% >> Well look I think if you put 12 jurors in a box and Fed 13:37.149 --> 13:38.517 align:left position:25%,start line:5% size:65% Put on your evidence 13:38.617 --> 13:41.654 align:left position:12.5%,start line:5% size:77.5% that this amendment would come across as being confusing 13:41.754 --> 13:44.156 align:left position:12.5%,start line:5% size:77.5% they don't know what it means. They don't understand it. 13:44.256 --> 13:46.025 align:left position:22.5%,start line:5% size:67.5% And I think it's designed that way. 13:46.792 --> 13:48.060 align:left position:27.5%,start line:5% size:62.5% I think it's a bad 13:48.160 --> 13:51.163 align:left position:27.5%,start line:5% size:62.5% a bad proposal put on the ballot. 13:51.263 --> 13:53.065 align:left position:15%,start line:5% size:75% >> I'm hopeful there will be more chances here. 13:53.165 --> 13:55.467 align:left position:15%,start line:5% size:75% Patrick what about this voter ID amendment 13:55.568 --> 13:57.303 align:left position:17.5%,start line:5% size:72.5% that they're talking to that putting on the ballot 13:57.403 --> 13:58.571 align:left position:22.5%,start line:5% size:67.5% give us no information 13:58.671 --> 14:03.309 align:left position:15%,start line:5% size:75% whatsoever what's going to be the proper identification. 14:03.409 --> 14:05.077 align:left position:15%,start line:5% size:75% >> I think that's going to be a lot more cut and dry. 14:05.177 --> 14:06.745 align:left position:17.5%,start line:5% size:72.5% I mean some people are time about the Real I.D. 14:06.846 --> 14:08.147 align:left position:17.5%,start line:5% size:72.5% coming out from the federal government 14:08.247 --> 14:10.316 align:left position:17.5%,start line:5% size:72.5% could be the actual identification. 14:11.417 --> 14:13.285 align:left position:27.5%,start line:5% size:62.5% Currently right now if you need an ID 14:14.186 --> 14:17.089 align:left position:17.5%,start line:5% size:72.5% you need an ID for voter ID when we pass these laws 14:17.189 --> 14:18.657 align:left position:17.5%,start line:5% size:72.5% we've said we'll give you a free I.D. 14:18.757 --> 14:20.593 align:left position:10%,start line:5% size:80% If you can't you don't have one. 14:20.693 --> 14:23.329 align:left position:17.5%,start line:5% size:72.5% I think do a lot more cut and dry than the other one. 14:24.129 --> 14:26.031 align:left position:20%,start line:5% size:70% >> Whether it's a license or military IDs 14:26.131 --> 14:27.967 align:left position:30%,start line:5% size:60% the previous bill you could assume 14:28.067 --> 14:29.668 align:left position:15%,start line:5% size:75% that it would be very similar to the previous bill. 14:29.768 --> 14:32.671 align:left position:10%,start line:5% size:80% >> We understand the lines at the Department of Motor Vehicles 14:32.771 --> 14:36.208 align:left position:10%,start line:5% size:80% are very lengthy now for people wanting these real IDs. 14:36.308 --> 14:38.277 align:left position:10%,start line:5% size:80% Let's move over to another part of this 14:39.178 --> 14:42.348 align:left position:12.5%,start line:5% size:77.5% which is which is this Supreme Court race. 14:42.448 --> 14:44.717 align:left position:17.5%,start line:5% size:72.5% There's another court issue involved in that. 14:45.251 --> 14:46.986 align:left position:22.5%,start line:5% size:67.5% We had three candidates on the ballot there 14:47.086 --> 14:49.955 align:left position:10%,start line:5% size:80% Supreme Court justice incumbent Supreme Court Justice Barbara 14:50.055 --> 14:51.757 align:left position:17.5%,start line:5% size:72.5% Jackson who's a Republican. 14:52.424 --> 14:55.394 align:left position:27.5%,start line:5% size:62.5% We had Anita Earls who's a Democrat. 14:55.494 --> 14:58.564 align:left position:12.5%,start line:5% size:77.5% And right at the end we had a filing by a gentleman 14:58.664 --> 15:02.368 align:left position:10%,start line:5% size:80% named Chris Anglin who registered as a Republican. 15:02.468 --> 15:03.736 align:left position:22.5%,start line:5% size:67.5% The legislature thought 15:03.836 --> 15:06.906 align:left position:12.5%,start line:5% size:77.5% that wasn't going to help Barbara Jackson. 15:07.006 --> 15:10.910 align:left position:17.5%,start line:5% size:72.5% And so they said he didn't change his registration 15:11.010 --> 15:12.711 align:left position:10%,start line:5% size:80% party registration enough time. 15:14.179 --> 15:16.849 align:left position:10%,start line:5% size:80% He went to court got a temporary restraining order 15:18.250 --> 15:20.419 align:left position:27.5%,start line:5% size:62.5% in order to remain as a Republican. 15:21.320 --> 15:24.056 align:left position:27.5%,start line:5% size:62.5% Why is that hurtful to Barbara Jackson 15:24.156 --> 15:26.458 align:left position:25%,start line:5% size:65% or to Republicans should face a primary 15:26.558 --> 15:28.861 align:left position:15%,start line:5% size:75% and then they don't want her to face that primary. 15:28.961 --> 15:30.763 align:left position:20%,start line:5% size:70% >> That is not a primary. 15:30.863 --> 15:33.666 align:left position:12.5%,start line:5% size:77.5% Well they're on the ballot and they would split the vote. 15:33.766 --> 15:34.900 align:left position:32.5%,start line:5% size:57.5% >> That's. OK. 15:35.000 --> 15:38.737 align:left position:15%,start line:5% size:75% So but but the but the point is the legislature changed 15:38.837 --> 15:41.373 align:left position:20%,start line:5% size:70% the rules of the game in midstream 15:41.473 --> 15:44.910 align:left position:10%,start line:5% size:80% on him running as a Republican. He complied with the rules 15:45.010 --> 15:47.813 align:left position:20%,start line:5% size:70% when he filed he complied with all the rules. 15:47.913 --> 15:50.182 align:left position:20%,start line:5% size:70% But now that he's running as a Republican 15:50.282 --> 15:51.650 align:left position:15%,start line:5% size:75% they won't change the rules. 15:51.750 --> 15:53.686 align:left position:25%,start line:5% size:65% I think that it's a winnable case. 15:53.786 --> 15:55.788 align:left position:20%,start line:5% size:70% >> But John he announced this week 15:56.455 --> 15:58.691 align:left position:30%,start line:5% size:60% that if the court ruled against him 15:58.791 --> 16:00.292 align:left position:12.5%,start line:5% size:77.5% because of the hearing on this 16:00.392 --> 16:03.062 align:left position:20%,start line:5% size:70% is supposed to take place the 13th I think. 16:03.562 --> 16:05.764 align:left position:12.5%,start line:5% size:77.5% If the court rules against him he's going to withdraw. 16:05.864 --> 16:06.966 align:left position:20%,start line:5% size:70% Did he hurt his own case. 16:07.066 --> 16:08.233 align:left position:25%,start line:5% size:65% >> Of course he did. 16:08.334 --> 16:10.769 align:left position:17.5%,start line:5% size:72.5% It is transparently obvious that his campaign 16:10.869 --> 16:12.805 align:left position:27.5%,start line:5% size:62.5% is designed to help elect Anita Earls. 16:12.905 --> 16:14.773 align:left position:10%,start line:5% size:80% It's just pretty obvious anybody 16:14.873 --> 16:16.709 align:left position:17.5%,start line:5% size:72.5% who's being straightforward about the facts. 16:16.809 --> 16:20.879 align:left position:22.5%,start line:5% size:67.5% However that doesn't doesn't vitiate against 16:20.980 --> 16:22.181 align:left position:30%,start line:5% size:60% Dennis's argument 16:22.281 --> 16:24.516 align:left position:15%,start line:5% size:75% that he comply with the rules as they were written. 16:24.616 --> 16:26.518 align:left position:25%,start line:5% size:65% Now they were written after he filed. 16:26.618 --> 16:28.287 align:left position:12.5%,start line:5% size:77.5% And ultimately the Republicans who are outraged about 16:28.387 --> 16:33.092 align:left position:12.5%,start line:5% size:77.5% this the original sin here as not having judicial primaries. 16:33.192 --> 16:34.960 align:left position:17.5%,start line:5% size:72.5% If there had been a primary in the Supreme Court race, 16:35.060 --> 16:36.462 align:left position:22.5%,start line:5% size:67.5% and Anglin really was a Republican 16:36.562 --> 16:38.297 align:left position:22.5%,start line:5% size:67.5% and ran in the primary 16:38.397 --> 16:40.432 align:left position:10%,start line:5% size:80% then he would have had a chance to defeat Barbara Jackson. 16:40.532 --> 16:42.368 align:left position:15%,start line:5% size:75% >> All right let's play "what if" for a second here. 16:42.468 --> 16:46.071 align:left position:20%,start line:5% size:70% Going back to the overall overarching court cases 16:46.171 --> 16:48.841 align:left position:15%,start line:5% size:75% that are involved here what if the three judge panel 16:49.708 --> 16:53.045 align:left position:20%,start line:5% size:70% refuses to give a tier to the governor 16:53.145 --> 16:56.949 align:left position:12.5%,start line:5% size:77.5% the NAACP the environmental group what happens then Chris. 16:57.049 --> 16:59.351 align:left position:17.5%,start line:5% size:72.5% >> Well and the the ballot so soon 16:59.451 --> 17:00.853 align:left position:12.5%,start line:5% size:77.5% will be starting to be printed 17:00.953 --> 17:02.955 align:left position:10%,start line:5% size:80% and we'll have we'll have these amendments on the election 17:03.055 --> 17:05.157 align:left position:22.5%,start line:5% size:67.5% it seems that they are currently work right. 17:05.257 --> 17:07.426 align:left position:10%,start line:5% size:80% And then the argument I think people will appeal that. 17:07.526 --> 17:10.162 align:left position:15%,start line:5% size:75% But then the people the legislators case will be 17:10.262 --> 17:11.597 align:left position:17.5%,start line:5% size:72.5% oh we're already under way 17:11.697 --> 17:13.432 align:left position:17.5%,start line:5% size:72.5% and I think so I think that the euro in this case 17:13.532 --> 17:15.501 align:left position:10%,start line:5% size:80% is important before the election machinery gets started. 17:15.601 --> 17:16.802 align:left position:25%,start line:5% size:65% I do want to jump in for a second 17:16.902 --> 17:18.237 align:left position:17.5%,start line:5% size:72.5% on that Chris Angland case. 17:18.337 --> 17:20.773 align:left position:15%,start line:5% size:75% This is a fascinating example to me of the Republicans 17:20.873 --> 17:22.808 align:left position:17.5%,start line:5% size:72.5% actually tried before the filing deadline 17:22.908 --> 17:24.309 align:left position:17.5%,start line:5% size:72.5% to recruit other candidates or a group 17:24.410 --> 17:26.712 align:left position:10%,start line:5% size:80% affiliated with Republicans and they couldn't find anybody. 17:26.812 --> 17:29.415 align:left position:10%,start line:5% size:80% And then then they sort of were hoisted on their own petard 17:29.515 --> 17:33.852 align:left position:15%,start line:5% size:75% in a way as a person switched parties. It's fascinating. 17:33.952 --> 17:35.454 align:left position:15%,start line:5% size:75% And the bottom line is you can't change the rules 17:35.554 --> 17:36.722 align:left position:20%,start line:5% size:70% halfway through the game. 17:36.822 --> 17:38.757 align:left position:10%,start line:5% size:80% >> I didn't know you were going to get erudite on us. 17:38.857 --> 17:42.094 align:left position:20%,start line:5% size:70% You know he was floating Dan Blue today 17:42.194 --> 17:43.896 align:left position:25%,start line:5% size:65% but he used to write things for Dan Blue. 17:43.996 --> 17:46.065 align:left position:17.5%,start line:5% size:72.5% Maybe this is for Dan Blue. 17:47.066 --> 17:49.268 align:left position:10%,start line:5% size:80% >> Let's move over to a lawsuit that ended with a jury 17:49.368 --> 17:52.671 align:left position:15%,start line:5% size:75% awarding 473 million dollars to neighbors 17:52.771 --> 17:54.473 align:left position:22.5%,start line:5% size:67.5% on a hog waste lawsuit. 17:54.573 --> 17:56.175 align:left position:15%,start line:5% size:75% The largest verdict any of us can remember. 17:56.275 --> 17:58.110 align:left position:25%,start line:5% size:65% The case is on appeal 17:58.210 --> 18:01.447 align:left position:17.5%,start line:5% size:72.5% and because of state law the award will be reduced. 18:01.547 --> 18:04.583 align:left position:10%,start line:5% size:80% But farmers agribusiness experts even elected leaders 18:04.683 --> 18:06.785 align:left position:17.5%,start line:5% size:72.5% say these so-called nuisance lawsuits 18:06.885 --> 18:08.887 align:left position:27.5%,start line:5% size:62.5% are going to result in Smithfield Foods 18:08.987 --> 18:13.158 align:left position:10%,start line:5% size:80% leaving our state and the pork industry virtually disappearing. 18:13.258 --> 18:15.360 align:left position:10%,start line:5% size:80% Environmentalists say the smells are unhealthy 18:15.461 --> 18:16.662 align:left position:25%,start line:5% size:65% and a real nuisance. 18:16.762 --> 18:20.432 align:left position:10%,start line:5% size:80% Patrick Sebastion there some 26 of these lawsuits now. 18:20.532 --> 18:23.836 align:left position:15%,start line:5% size:75% We've had three verdicts. What was it 90 million dollar 18:23.936 --> 18:25.637 align:left position:15%,start line:5% size:75% verdict of 50 million dollar verdict 18:25.737 --> 18:27.706 align:left position:10%,start line:5% size:80% in a 25 million dollar verdict. 18:27.806 --> 18:30.676 align:left position:17.5%,start line:5% size:72.5% This one is supposed to be reduced to 94 million 18:30.776 --> 18:33.145 align:left position:25%,start line:5% size:65% but supporters say it is outrageous. 18:33.779 --> 18:35.948 align:left position:22.5%,start line:5% size:67.5% The port industry says it's outrageous. 18:36.048 --> 18:37.916 align:left position:12.5%,start line:5% size:77.5% What do you say to the charges that it's eventually going 18:38.016 --> 18:39.952 align:left position:25%,start line:5% size:65% to bring the downfall of the pork industry. 18:40.052 --> 18:41.520 align:left position:10%,start line:5% size:80% >> Well agriculture and farming 18:41.620 --> 18:43.021 align:left position:22.5%,start line:5% size:67.5% are the lifeblood of our state's economy. 18:43.122 --> 18:47.059 align:left position:10%,start line:5% size:80% Still we have the second highest resected highest producer 18:47.159 --> 18:48.494 align:left position:22.5%,start line:5% size:67.5% of hogs in the country. 18:48.594 --> 18:51.830 align:left position:10%,start line:5% size:80% So yeah this keeps happening and these payoffs keep happening 18:51.930 --> 18:53.432 align:left position:17.5%,start line:5% size:72.5% this could be a major major problem for our state 18:53.532 --> 18:55.501 align:left position:15%,start line:5% size:75% but we're not the only state that has lawsuits 18:55.601 --> 18:58.036 align:left position:15%,start line:5% size:75% were lawsuits are allowed but something's got to happen 18:58.137 --> 18:59.705 align:left position:22.5%,start line:5% size:67.5% it's got to be some kind of regulation 18:59.805 --> 19:01.273 align:left position:15%,start line:5% size:75% or something at the beginning of these things 19:01.373 --> 19:04.309 align:left position:10%,start line:5% size:80% to where there's not going to be 38 lawsuits anymore. 19:04.409 --> 19:06.178 align:left position:25%,start line:5% size:65% And what I'm worried more worried 19:06.278 --> 19:07.412 align:left position:15%,start line:5% size:75% about the farmers themselves 19:07.513 --> 19:09.348 align:left position:27.5%,start line:5% size:62.5% and the people that are employed. 19:09.448 --> 19:14.820 align:left position:17.5%,start line:5% size:72.5% >> So at Denish midweek this past week we got word 19:14.920 --> 19:16.421 align:left position:25%,start line:5% size:65% that a U.S. district court judge 19:16.522 --> 19:19.791 align:left position:12.5%,start line:5% size:77.5% Earl Britt was recusing himself from this 19:19.892 --> 19:23.162 align:left position:12.5%,start line:5% size:77.5% and a judge from West Virginia is going to be appointed. 19:24.663 --> 19:27.032 align:left position:20%,start line:5% size:70% Was new in this case that the heat got too hot 19:27.132 --> 19:28.333 align:left position:25%,start line:5% size:65% or what was going on. 19:28.433 --> 19:31.170 align:left position:20%,start line:5% size:70% >> It's really known Tom. Nobody knows exactly 19:31.270 --> 19:33.338 align:left position:15%,start line:5% size:75% why Judge Brett stepped aside on these cases. 19:33.438 --> 19:35.807 align:left position:15%,start line:5% size:75% There was a lot of complaints I think by the pork industry 19:35.908 --> 19:38.310 align:left position:15%,start line:5% size:75% about the way he was conducting the trials. 19:38.410 --> 19:43.382 align:left position:17.5%,start line:5% size:72.5% But I think that the jurors looked at the evidence 19:43.482 --> 19:46.985 align:left position:15%,start line:5% size:75% and apparently just sided with the homeowners out there 19:47.085 --> 19:50.322 align:left position:17.5%,start line:5% size:72.5% that we're having to put up with these hog hog lose. 19:50.422 --> 19:54.893 align:left position:20%,start line:5% size:70% >> But John the lawsuits the pork industry farmers 19:54.993 --> 19:56.328 align:left position:30%,start line:5% size:60% agribusiness say 19:56.428 --> 19:59.965 align:left position:15%,start line:5% size:75% all of this has been prompted by outside agitators 20:00.065 --> 20:03.335 align:left position:22.5%,start line:5% size:67.5% and lawyers from Texas and from other states 20:03.435 --> 20:06.672 align:left position:10%,start line:5% size:80% not coming from North Carolina. We didn't have. 20:06.772 --> 20:09.474 align:left position:15%,start line:5% size:75% These kinds of what they called nuisance lawsuits 20:09.575 --> 20:10.943 align:left position:22.5%,start line:5% size:67.5% not a legitimate claim. 20:11.043 --> 20:12.511 align:left position:27.5%,start line:5% size:62.5% >> I'm sure it is factually accurate 20:12.611 --> 20:13.912 align:left position:30%,start line:5% size:60% that lots of out of state interest 20:14.012 --> 20:15.113 align:left position:10%,start line:5% size:80% are involved in these lawsuits. 20:15.214 --> 20:17.783 align:left position:10%,start line:5% size:80% That doesn't mean the plaintiffs don't have a claim. 20:17.883 --> 20:19.918 align:left position:17.5%,start line:5% size:72.5% The plaintiffs are arguing we have property rights 20:20.018 --> 20:23.055 align:left position:20%,start line:5% size:70% where near a hog lagoon, the smell 20:23.155 --> 20:25.190 align:left position:10%,start line:5% size:80% is a nuisance aesthetics that affect our property right. 20:25.290 --> 20:26.658 align:left position:27.5%,start line:5% size:62.5% The better argument the pork industry 20:26.758 --> 20:29.528 align:left position:17.5%,start line:5% size:72.5% has is that many of these property owners move then. 20:29.628 --> 20:33.632 align:left position:10%,start line:5% size:80% After the operations were in place after you could smell. 20:33.732 --> 20:36.301 align:left position:10%,start line:5% size:80% That's that's actually the more relevant legal argument 20:36.401 --> 20:38.470 align:left position:22.5%,start line:5% size:67.5% not whether the lawyers from Texas or New York 20:38.570 --> 20:40.138 align:left position:27.5%,start line:5% size:62.5% or North Carolina. 20:40.239 --> 20:44.743 align:left position:10%,start line:5% size:80% You know I'm very easily tempted to be Antei out of state lawyer 20:44.843 --> 20:45.978 align:left position:25%,start line:5% size:65% but I'll be to resist 20:46.078 --> 20:47.412 align:left position:22.5%,start line:5% size:67.5% that temptation say it doesn't matter. 20:47.512 --> 20:49.248 align:left position:12.5%,start line:5% size:77.5% >> First of all I think what's fascinating about this case 20:49.348 --> 20:50.616 align:left position:20%,start line:5% size:70% is that people are acting like these 20:50.716 --> 20:52.351 align:left position:10%,start line:5% size:80% are these are small family farm 20:52.451 --> 20:54.286 align:left position:10%,start line:5% size:80% that are being oppressed somehow but many of them 20:54.386 --> 20:57.689 align:left position:12.5%,start line:5% size:77.5% are no fair small family farms don't have 20000 Khagan. 20:57.789 --> 21:01.560 align:left position:12.5%,start line:5% size:77.5% OK. Few people would say these are corporate owned Chinese 21:01.660 --> 21:03.996 align:left position:10%,start line:5% size:80% owned 20000 hog farms next door 21:04.096 --> 21:05.597 align:left position:25%,start line:5% size:65% and people are saying all these hog farms 21:05.697 --> 21:07.165 align:left position:20%,start line:5% size:70% have always been there you have it 20 years ago 21:07.266 --> 21:09.668 align:left position:27.5%,start line:5% size:62.5% they were 100 hogs there not 20000. 21:09.768 --> 21:11.370 align:left position:25%,start line:5% size:65% And if you can't open your window 21:11.470 --> 21:14.339 align:left position:10%,start line:5% size:80% and your emphysema is made worse and you can't sell your property 21:14.439 --> 21:16.608 align:left position:17.5%,start line:5% size:72.5% or the value has gone down by 100 percent 21:16.708 --> 21:18.443 align:left position:20%,start line:5% size:70% if you read the accounts of this trial 21:18.543 --> 21:20.345 align:left position:15%,start line:5% size:75% it's stunning every jury is always going to find form 21:20.445 --> 21:22.814 align:left position:15%,start line:5% size:75% because everybody can imagine opening their window 21:22.914 --> 21:25.550 align:left position:12.5%,start line:5% size:77.5% and smell this incredible odor and the solution 21:25.651 --> 21:27.919 align:left position:17.5%,start line:5% size:72.5% is the hog industry the corporate hog industry 21:28.020 --> 21:29.655 align:left position:27.5%,start line:5% size:62.5% needs to figure out the technology 21:29.755 --> 21:31.790 align:left position:22.5%,start line:5% size:67.5% to reduce this problem. 21:31.890 --> 21:36.561 align:left position:15%,start line:5% size:75% >> And remember it was it was a jury of their peers 21:37.296 --> 21:39.097 align:left position:15%,start line:5% size:75% that rendered these verdicts not the lawyers. 21:39.197 --> 21:40.465 align:left position:32.5%,start line:5% size:57.5% >> I got that. 21:40.565 --> 21:44.770 align:left position:12.5%,start line:5% size:77.5% However as we all know it's easy easier to get juries 21:44.870 --> 21:48.874 align:left position:20%,start line:5% size:70% to make large awards when people go to juries 21:48.974 --> 21:50.809 align:left position:25%,start line:5% size:65% in North Carolina fairly conservative. 21:50.909 --> 21:52.511 align:left position:12.5%,start line:5% size:77.5% >> I mean I was really shocked at the size 21:52.611 --> 21:54.680 align:left position:17.5%,start line:5% size:72.5% of this versus in Alabama. Yeah. 21:55.947 --> 21:57.916 align:left position:10%,start line:5% size:80% >> No that's where the juries -- 21:58.016 --> 21:59.951 align:left position:12.5%,start line:5% size:77.5% >> Smithfield says they're not going to settle here. 22:00.052 --> 22:01.219 align:left position:15%,start line:5% size:75% They're going to keep going. OK. 22:01.320 --> 22:03.755 align:left position:17.5%,start line:5% size:72.5% >> So if they keep going what's the ultimate result. 22:03.855 --> 22:05.324 align:left position:10%,start line:5% size:80% Are we still going to lose them. 22:05.424 --> 22:06.558 align:left position:30%,start line:5% size:60% >> No I doubt it. 22:06.658 --> 22:08.760 align:left position:15%,start line:5% size:75% I think I think there's got to be some kind of precedent 22:08.860 --> 22:11.129 align:left position:17.5%,start line:5% size:72.5% if you will set here about these kind of issues 22:11.229 --> 22:12.898 align:left position:15%,start line:5% size:75% or these lawsuits are going to keep happening. 22:12.998 --> 22:14.866 align:left position:27.5%,start line:5% size:62.5% They're never going to be fulfilled. 22:14.966 --> 22:17.569 align:left position:10%,start line:5% size:80% And I keep watching the politics of it's really interesting. 22:17.669 --> 22:20.772 align:left position:15%,start line:5% size:75% You have the Republicans that are totally with the farmers 22:20.872 --> 22:22.474 align:left position:22.5%,start line:5% size:67.5% with the big farmers and the small farmers. 22:22.574 --> 22:23.709 align:left position:12.5%,start line:5% size:77.5% And then you have the governor 22:23.809 --> 22:26.211 align:left position:12.5%,start line:5% size:77.5% and the Attorney General Moore the trial lawyers. 22:26.311 --> 22:28.413 align:left position:22.5%,start line:5% size:67.5% So you see a lot of politics here. 22:28.513 --> 22:30.182 align:left position:17.5%,start line:5% size:72.5% And I want to see there's ever kind of any precedent 22:30.282 --> 22:32.517 align:left position:30%,start line:5% size:60% set either by law or by the courts. 22:32.617 --> 22:35.287 align:left position:15%,start line:5% size:75% >> It can't be interesting that the legislators came out 22:35.387 --> 22:37.122 align:left position:12.5%,start line:5% size:77.5% in favor of the pork industry. 22:37.222 --> 22:40.292 align:left position:10%,start line:5% size:80% I mean they obviously pass it on now and just keep going out. 22:40.392 --> 22:42.828 align:left position:10%,start line:5% size:80% >> I may just like out of state lawyer and statewide matter 22:42.928 --> 22:46.465 align:left position:10%,start line:5% size:80% whether the the company involved is big or small does it matter. 22:46.565 --> 22:48.834 align:left position:20%,start line:5% size:70% Remember that even a big corporate hog farm 22:48.934 --> 22:50.769 align:left position:12.5%,start line:5% size:77.5% has lots and lots of employees and vendors. 22:50.869 --> 22:52.437 align:left position:25%,start line:5% size:65% There are thousands of North Carolinians 22:52.537 --> 22:54.673 align:left position:25%,start line:5% size:65% who live livelihoods are on the line. 22:54.773 --> 22:57.342 align:left position:12.5%,start line:5% size:77.5% But in fairness there are also thousands of property owners 22:57.442 --> 22:58.977 align:left position:25%,start line:5% size:65% who have an answer. This is a real clash 22:59.077 --> 23:00.879 align:left position:12.5%,start line:5% size:77.5% of interests a real clash of rights claims. 23:00.979 --> 23:03.115 align:left position:20%,start line:5% size:70% >> This is going to be an ongoing story really. 23:03.215 --> 23:04.449 align:left position:37.5%,start line:5% size:52.5% All right. 23:04.549 --> 23:07.819 align:left position:12.5%,start line:5% size:77.5% And I'm sure we'll be talking about it again as weeks go on. 23:07.919 --> 23:10.122 align:left position:12.5%,start line:5% size:77.5% Speaking of talking I think it's time for you guys 23:10.222 --> 23:11.356 align:left position:25%,start line:5% size:65% to talk a little bit 23:11.456 --> 23:12.657 align:left position:25%,start line:5% size:65% and tell us something we don't know. 23:12.758 --> 23:13.925 align:left position:10%,start line:5% size:80% Chris Fitzsimon start with you. 23:14.025 --> 23:15.227 align:left position:15%,start line:5% size:75% >> Well we know a little bit about him. 23:15.327 --> 23:17.262 align:left position:10%,start line:5% size:80% I'm fascinated this whole debate about the governor's powers 23:17.362 --> 23:18.497 align:left position:17.5%,start line:5% size:72.5% and I thought it was great 23:18.597 --> 23:20.966 align:left position:10%,start line:5% size:80% that former Republican governors have weighed in. 23:21.066 --> 23:23.635 align:left position:15%,start line:5% size:75% And I was just thinking back to back in the old days. 23:23.735 --> 23:26.471 align:left position:10%,start line:5% size:80% North Carolina governor didn't have the veto until 1997. 23:26.571 --> 23:28.940 align:left position:15%,start line:5% size:75% People sort of forgotten that and it was the Republicans 23:29.040 --> 23:30.275 align:left position:17.5%,start line:5% size:72.5% who were sort of leading the charge 23:30.375 --> 23:32.043 align:left position:17.5%,start line:5% size:72.5% to make sure we had a powerful chief executive. 23:32.144 --> 23:33.779 align:left position:15%,start line:5% size:75% They thought that was one of the most important things 23:33.879 --> 23:35.547 align:left position:32.5%,start line:5% size:57.5% we could do. That was 1997. 23:35.647 --> 23:38.049 align:left position:22.5%,start line:5% size:67.5% Here we are in 2018 and they seem hell bent 23:38.150 --> 23:40.719 align:left position:15%,start line:5% size:75% on taking as much power away from the chief executive 23:40.819 --> 23:42.320 align:left position:30%,start line:5% size:60% that they thought was so important. 23:42.421 --> 23:43.922 align:left position:25%,start line:5% size:65% Not too long ago and I thought it was. 23:44.022 --> 23:45.524 align:left position:10%,start line:5% size:80% It says a lot that former Republican governors 23:45.624 --> 23:46.792 align:left position:32.5%,start line:5% size:57.5% have spoken up. 23:46.892 --> 23:49.127 align:left position:15%,start line:5% size:75% It shows this is a power grab and not a partisan issue. 23:49.227 --> 23:50.896 align:left position:20%,start line:5% size:70% >> Patrick tell us something we don't know. 23:50.996 --> 23:53.432 align:left position:15%,start line:5% size:75% >> So after almost two years since Hurricane Matthew 23:53.532 --> 23:55.534 align:left position:20%,start line:5% size:70% they're still not really construction being built. 23:55.634 --> 23:56.768 align:left position:27.5%,start line:5% size:62.5% You have states like South Carolina 23:56.868 --> 23:58.370 align:left position:22.5%,start line:5% size:67.5% that have built houses after the hurricane 23:58.470 --> 23:59.838 align:left position:10%,start line:5% size:80% with the same funding mechanism. 23:59.938 --> 24:01.840 align:left position:20%,start line:5% size:70% It's still not happening in North Carolina. 24:01.940 --> 24:04.209 align:left position:17.5%,start line:5% size:72.5% And then at the same time frankly politically I hate 24:04.309 --> 24:06.178 align:left position:12.5%,start line:5% size:77.5% to say it but at the same time you have the governor it looks 24:06.278 --> 24:08.480 align:left position:12.5%,start line:5% size:77.5% like renovating the governor's mansion for himself 24:08.580 --> 24:12.984 align:left position:22.5%,start line:5% size:67.5% but not pushing forward at these things. 24:13.084 --> 24:15.620 align:left position:15%,start line:5% size:75% >> Is that something that you didn't already know Tom? 24:15.720 --> 24:18.290 align:left position:15%,start line:5% size:75% >> Yeah that's definitely something I did didn't know. 24:18.390 --> 24:19.991 align:left position:10%,start line:5% size:80% Dennis Wicker, tell us something we don't know. 24:20.091 --> 24:22.727 align:left position:22.5%,start line:5% size:67.5% >> The Cape Fear River is the longest river 24:22.828 --> 24:24.896 align:left position:15%,start line:5% size:75% in North Carolina 207 miles. 24:24.996 --> 24:27.899 align:left position:10%,start line:5% size:80% It starts in Lee County with the confluence of the deep 24:27.999 --> 24:31.069 align:left position:12.5%,start line:5% size:77.5% in the Fall River at the end of the Cape Fear sits the U.S. 24:31.169 --> 24:34.606 align:left position:15%,start line:5% size:75% just North Carolina U.S. Navy wanted to scrap it. 24:35.273 --> 24:37.542 align:left position:12.5%,start line:5% size:77.5% North Carolina said no we want to bring her home. 24:37.642 --> 24:39.978 align:left position:20%,start line:5% size:70% They collected donations from private citizens 24:40.078 --> 24:41.780 align:left position:15%,start line:5% size:75% and dams from schoolchildren 24:41.880 --> 24:43.949 align:left position:10%,start line:5% size:80% I remember the day that I remember let me tell you 24:44.049 --> 24:45.817 align:left position:17.5%,start line:5% size:72.5% a wonder if we could do that today. 24:45.917 --> 24:48.019 align:left position:10%,start line:5% size:80% >> Interesting John could tell us something we don't know. 24:48.119 --> 24:49.454 align:left position:20%,start line:5% size:70% >> Governor Cooper's been complaining 24:49.554 --> 24:52.557 align:left position:10%,start line:5% size:80% about encroachments on executive power by the legislature 24:52.657 --> 24:54.759 align:left position:17.5%,start line:5% size:72.5% but this week he announced his administration 24:54.860 --> 24:57.295 align:left position:10%,start line:5% size:80% so that any legislative action they were going to start taxing 24:57.395 --> 25:00.165 align:left position:10%,start line:5% size:80% a bunch of more online sales calls to North Carolinians 25:00.265 --> 25:01.867 align:left position:25%,start line:5% size:65% hundreds of millions of dollars a year. 25:01.967 --> 25:04.503 align:left position:20%,start line:5% size:70% There's no legislative agenda ahead. 25:04.603 --> 25:07.072 align:left position:22.5%,start line:5% size:67.5% No know the court allows states to do it. 25:07.172 --> 25:09.207 align:left position:15%,start line:5% size:75% The legislature levies taxes this is a case 25:09.307 --> 25:10.609 align:left position:27.5%,start line:5% size:62.5% where the governor is encroaching 25:10.709 --> 25:12.410 align:left position:17.5%,start line:5% size:72.5% on the legislature's power. >> Wow. 25:12.911 --> 25:14.145 align:left position:15%,start line:5% size:75% Now that's a topic by the way 25:14.246 --> 25:15.747 align:left position:27.5%,start line:5% size:62.5% we're going to talk about next week. 25:15.847 --> 25:17.782 align:left position:17.5%,start line:5% size:72.5% Well you've heard our spin on the issues of the day. 25:17.883 --> 25:19.618 align:left position:25%,start line:5% size:65% To stay informed all during the week. 25:19.718 --> 25:22.354 align:left position:17.5%,start line:5% size:72.5% >> Give your feedback and read my weekly column. 25:22.454 --> 25:25.357 align:left position:12.5%,start line:5% size:77.5% Be sure to visit our Web site and spin dot com or catchiness 25:25.457 --> 25:28.093 align:left position:22.5%,start line:5% size:67.5% the spin on Facebook and join us next week. 25:28.193 --> 25:30.695 align:left position:10%,start line:5% size:80% We'll have more balanced debate for the old more state. 25:30.795 --> 25:34.099 align:left position:17.5%,start line:5% size:72.5% Until then stay informed and watch out for the spin. 25:42.307 --> 25:44.709 align:left position:12.5%,start line:5% size:77.5% >> In rural North Carolina, vibrant Main Streets 25:44.809 --> 25:47.078 align:left position:25%,start line:5% size:65% depend on a thriving agricultural economy. 25:47.178 --> 25:49.681 align:left position:25%,start line:5% size:65% Research at NC State improves the products 25:49.781 --> 25:52.117 align:left position:17.5%,start line:5% size:72.5% our farmers raise and grow. 25:52.217 --> 25:53.919 align:left position:12.5%,start line:5% size:77.5% NC State Extension brings that research from labs to fields 25:54.019 --> 25:57.522 align:left position:27.5%,start line:5% size:62.5% in all 100 counties 25:57.622 --> 25:59.391 align:left position:15%,start line:5% size:75% which means growth for rural in North Carolina. 25:59.491 --> 26:02.561 align:left position:12.5%,start line:5% size:77.5% At NC State, what we think and do helps grow local economies. 26:02.661 --> 26:05.764 align:left position:17.5%,start line:5% size:72.5% >> Discover how NC State and extension work for you. 26:05.864 --> 26:08.300 align:left position:42.5%,start line:5% size:47.5% Visit: 26:15.307 --> 26:17.275 align:left position:22.5%,start line:5% size:67.5% >> Underwriting support provided in part 26:17.375 --> 26:20.579 align:left position:10%,start line:5% size:80% by the more than 65,000 members of the North Carolina 26:20.679 --> 26:23.548 align:left position:25%,start line:5% size:65% Retired Governmental Employees Association 26:24.449 --> 26:26.718 align:left position:25%,start line:5% size:65% >> Today's tools make your real DIY'er 26:26.818 --> 26:28.553 align:left position:17.5%,start line:5% size:72.5% and as a member of an electric cooperative 26:28.653 --> 26:31.790 align:left position:10%,start line:5% size:80% you have lots of valuable tools to help you do it yourself 26:31.890 --> 26:34.392 align:left position:20%,start line:5% size:70% and controlling your home energy use and budget 26:34.492 --> 26:36.795 align:left position:17.5%,start line:5% size:72.5% leaving you free to be dad. 26:39.965 --> 26:41.766 align:left position:15%,start line:5% size:75% >> North Carolina channel is made possible 26:41.866 --> 26:43.802 align:left position:20%,start line:5% size:70% by the financial contributions of viewers 26:43.902 --> 26:46.771 align:left position:10%,start line:5% size:80% like you who support the UNC-TV network.