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Judge Napolitano - Liberty Without Strings · Brian Thomas

• 0:00
  Speaker 1: You with a lot of material to engage in your
• 0:02
  Speaker 1: thoughtful constitutional analysis.
• 0:05
  Speaker 2: Well, they're also providing me with a great deal of
• 0:09
  Speaker 2: frustrationing and this article. You know, I have to keep
• 0:12
  Speaker 2: it to under a thousand words. But this is a treatise, Lenk.
• 0:15
  Speaker 2: This almost reminds me of Bob Higgs's book Crisis and Leviathan,
• 0:20
  Speaker 2: in which he, going back to the War of eighteen twelve,
• 0:25
  Speaker 2: traces the expansion of government power every time there's a crisis.
• 0:30
  Speaker 2: This is the expansion of government power based upon domestic crises. So,
• 0:35
  Speaker 2: what started out as a simple document that would allow
• 0:39
  Speaker 2: the federal government to look at voting records and Department
• 0:46
  Speaker 2: of Motor Vehicle records to see if individuals had overstayed
• 0:50
  Speaker 2: their visas now has been transformed into a substitute for
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  Speaker 2: a search warrant that allows the federal government to demand
• 1:00
  Speaker 2: of telecom and internet service providers the records of people
• 1:06
  Speaker 2: who have been critical of ice. Well, who the hell
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  Speaker 2: is the government to go around investigating people who are
• 1:12
  Speaker 2: critical of the government. Being critical of the government is
• 1:16
  Speaker 2: a fundamental, profound right, expressly guaranteed in the First Amendment
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  Speaker 2: and absolutely vital for a vibrant democracy. And people should
• 1:26
  Speaker 2: not fear that they will be investigated by ICE because
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  Speaker 2: they are Americans who are critical of the government. That's
• 1:33
  Speaker 2: what I attempted to articulate in this piece.
• 1:35
  Speaker 1: Well, yeah, boiled it down quite nicely there, You're on
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  Speaker 1: in a summary statement, and I.
• 1:38
  Speaker 2: Agree with you.
• 1:39
  Speaker 1: I mean, let's face it, folks like you and I
• 1:41
  Speaker 1: we have very deep seated held positions relative the things political.
• 1:46
  Speaker 1: And if the government is looking into people and going
• 1:48
  Speaker 1: after them based upon their speech, you and I are
• 1:50
  Speaker 1: in the crosshairs just as much as any left wing
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  Speaker 1: nutjob out there who is expousing left wing socialist speech
• 1:56
  Speaker 1: or Marxism or communism. You're allowed to do that. I mean,
• 2:00
  Speaker 1: you're allowed when.
• 2:02
  Speaker 2: The government investigates people for their exercise of free speech,
• 2:11
  Speaker 2: or prosecutes them, or attempts to prosecute them for their
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  Speaker 2: exercise of free speech, like the DOJ attempting to indict
• 2:19
  Speaker 2: six members of Congress from making a truthful and accurate
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  Speaker 2: statement about the law. They could have made an untruthful
• 2:24
  Speaker 2: and inaccurate statement about the law and it still would
• 2:26
  Speaker 2: have been protected, like the prosecution of Don Lemon, Like
• 2:31
  Speaker 2: this effort to get the social media records of people
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  Speaker 2: who've been critical of them. This constitutees chilling. This causes
• 2:38
  Speaker 2: people to have second thoughts about criticizing the government for
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  Speaker 2: fear of the government will stick its nose into their business.
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  Speaker 2: And chilling is as much prohibited by the First Amendment
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  Speaker 2: as is silencing exactly.
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  Speaker 1: And it shouldn't be a question of whose ox is
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  Speaker 1: being gord on whether or not you care about speech
• 2:56
  Speaker 1: being protected or the chilling effect that goes out. I mean,
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  Speaker 1: all we need to do is what's going on in
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  Speaker 1: the European Union these days? They are imprisoning people for
• 3:03
  Speaker 1: their speech. Do we want to go down that road?
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  Speaker 1: Do we want to become the European Union? We do
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  Speaker 1: have a First Amendment to thank God for it.
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  Speaker 2: Look until the Cardinal Archbishop of London interceded. A lady
• 3:19
  Speaker 2: was arrested and prosecuted for reciting a rosary outside of
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  Speaker 2: an abortion clinic in London. Eventually they threw it out
• 3:29
  Speaker 2: so the prosecution stopped, but they did arrest her and
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  Speaker 2: they did charge her. This is the danger of the
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  Speaker 2: government putting its thumb An example of the danger of
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  Speaker 2: the government putting its thumb on the scale and punishing
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  Speaker 2: speech that it hates. And fears. Now they don't have
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  Speaker 2: a first Amendment. They have a long tradition which is
• 3:48
  Speaker 2: longer than ours. We have a first amendment. In my view,
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  Speaker 2: the telecom and internet providers who received these administrative warrants
• 3:59
  Speaker 2: from ICE demanding the social media and telephonic records of
• 4:04
  Speaker 2: people Americans who have been critical advice should have told
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  Speaker 2: ICE to go take a hike you want it, get
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  Speaker 2: a search warrant, or give us a subpoena from a
• 4:13
  Speaker 2: grand jury. You're not going to get a subpoena from
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  Speaker 2: a grand juri or search warrant because they providy the
• 4:18
  Speaker 2: premise for both of those is evidence of criminal behavior.
• 4:21
  Speaker 2: This is not criminal.
• 4:22
  Speaker 1: Behavior, right that therein lies the point. It's like your distinction,
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  Speaker 1: and I know it's an accurate one, and sometimes people
• 4:30
  Speaker 1: need to get a grip with it. You know, entering
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  Speaker 1: the country illegally that is a crime, but staying overstaying
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  Speaker 1: your visa or welcome here is a civil problem, not
• 4:40
  Speaker 1: a criminal problem. So therefore it can't operate as a
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  Speaker 1: predicate for a search warrant based upon probable cause of
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  Speaker 1: a crime being committed. I mean that's been your position previously.
• 4:48
  Speaker 2: Correct. If you enter the country illegally. You have committed
• 4:52
  Speaker 2: a crime if you enter legally and overstay. You are
• 4:57
  Speaker 2: here illegally. But it is not a crime, so it
• 5:00
  Speaker 2: can't be the basis of an arrest warrant. To Ice,
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  Speaker 2: there is no distinction. Ice doesn't care about the statute.
• 5:06
  Speaker 2: Ice just cares about projecting the White House's power over
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  Speaker 2: a politically impotent group immigrants.
• 5:15
  Speaker 1: Do you find the silence from Congress deafening on this?
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  Speaker 1: Regardless of plant I do?
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  Speaker 2: I do. It's very upsetting to me. I hear more
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  Speaker 2: from my Democratic friends in New Jersey than you do.
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  Speaker 2: I'm going to guess from your Republican friends in Ohio.
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  Speaker 2: Why aren't they complaining about this? Could you imagine a
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  Speaker 2: Barack Obama or Gavin Newsom or whoever's going to succeed Trump.
• 5:41
  Speaker 2: We're doing this the other way around. The Republicans would
• 5:44
  Speaker 2: be howling, but without.
• 5:46
  Speaker 1: Stop, Well, we were all howling.
• 5:48
  Speaker 2: You know.
• 5:49
  Speaker 1: I'm not a Republican little libertarian, thank you very much.
• 5:51
  Speaker 1: We were howling when the irs was empowered to go
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  Speaker 1: after conservative organizations for their speech and deprive them of
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  Speaker 1: their detach free status, or otherwise deprive them of even
• 6:02
  Speaker 1: being able to operate using the banking system against people
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  Speaker 1: because they had conservative businesses firearms manufacturers, payday lenders. We're
• 6:10
  Speaker 1: going to deprive them of banking. That is another nefarious
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  Speaker 1: element of government being used against the individuals here, and
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  Speaker 1: I can't abide on any level. So that's why we
• 6:20
  Speaker 1: have you, Judge editor Politano. Check out the column comes
• 6:23
  Speaker 1: out tonight, Liberty without Strings and also Judging Freedom Judgenita
• 6:28
  Speaker 1: Polatana's podcast. I recommend you check that out wherever you
• 6:31
  Speaker 1: get your podcasts. Who are your guests today, Judge Enita Polatano, I.
• 6:35
  Speaker 2: Have Glenn Dison, Aaron Mante, the Great Professor Jeffrey Sachs,
• 6:41
  Speaker 2: and Phil Giraldi. Tomorrow Colonel Douglas McGregor. I'm very fortunate
• 6:47
  Speaker 2: to have these high end people who draw huge audiences
• 6:51
  Speaker 2: for me. Sometimes I feel like I'm shoveling against the tide,
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  Speaker 2: trickling with these ice pieces I keep reading, but I'm
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  Speaker 2: gratified to know that it's stirring the pot somewhere.
• 7:00
  Speaker 1: And getting the intellectual constitutional juices flowing, which we all
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  Speaker 1: need a healthy doso. That's why I love having you on,
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  Speaker 1: Judge Napolitano. Until next week, my friend best of health,
• 7:10
  Speaker 1: of love to you, sir.
• 7:12
  Speaker 2: Thank you. My regards to Ingram, who I did not hear,
• 7:15
  Speaker 2: and my regards to Joe, whom I probably frustrated but
• 7:19
  Speaker 2: life goes on. Thank you for understanding me.