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Judge Napolitano - Can the President Tax You? · Brian Thomas

• 0:00
  Speaker 1: As is the case, and thank god at eight thirty
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  Speaker 1: every one said, we get to hear from the judge. Ninapolitano,
• 0:05
  Speaker 1: Heather is in Detroit, Judge, Judge. Apparently Chuck Ingram's on vacation,
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  Speaker 1: so he didn't get your personalized introduction today. Welcome back,
• 0:14
  Speaker 1: your honor. It's great having you on as always.
• 0:16
  Speaker 2: Thank you for letting me know before I complained bitterly.
• 0:20
  Speaker 1: I know we all missed Chuck when he's not around,
• 0:23
  Speaker 1: but at least you know he's alive and he gets
• 0:25
  Speaker 1: a vacation because that's.
• 0:27
  Speaker 2: And Chuck, if you're listening, you are missed.
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  Speaker 1: Yes he is, Yes he is. Judge Edna Politano, Oh
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  Speaker 1: my god. Trying to unpackage again yesterday's election. We had
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  Speaker 1: a real terrible outcome here in the city of Cincinnati,
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  Speaker 1: generally speaking, looking at New Jersey and Virginia didn't go
• 0:42
  Speaker 1: the way that we were hoping. But they didn't. Those
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  Speaker 1: races didn't surprise me. The whole Mom Donnie thing has
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  Speaker 1: really got me. I just don't understand it. I hate
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  Speaker 1: to hit you over the head with politics like this,
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  Speaker 1: but I just since you live in New Jersey, I
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  Speaker 1: just wanted to New York and New Jersey as suppose, well,
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  Speaker 1: I live.
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  Speaker 2: In I'm in New York during the weeks, so I'm
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  Speaker 2: right in the middle of the media heartbeat of all
• 1:04
  Speaker 2: the Mamdani stuff. It's just an unusual phenomenon of enthusiasm
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  Speaker 2: from young people and old time lefties who apparently had
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  Speaker 2: more or less given up on the system, but were
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  Speaker 2: attracted by his hard left ideology and his very attractive,
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  Speaker 2: very endearing personality. He's very charming, very physically attractive young
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  Speaker 2: man and Governor Cuomo who has been a friend of
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  Speaker 2: mine as his family has been for many, many years.
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  Speaker 2: I hate to say this, but seemed to lack the
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  Speaker 2: energy and enthusiasm that he manifested when he was the
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  Speaker 2: governor of New York. Now he lost to Mamdanni twice.
• 1:56
  Speaker 2: He lost to him in the Democratic primary back in June,
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  Speaker 2: then he lost last night when he ran as an independent,
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  Speaker 2: and notably ma'am Donnie by a narrow margin, but nevertheless
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  Speaker 2: he did exceed fifty percent. So the complaints that the
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  Speaker 2: Republican Curtis Sliwa, whom the President referred to as a spoiler.
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  Speaker 2: So the President of the United States and the titular
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  Speaker 2: head of the Republican Party told the Republicans in New York,
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  Speaker 2: the few of them that are here, not to vote
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  Speaker 2: for the Republican candidate, but to vote for Andrew Cuomo.
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  Speaker 2: If all of them had done that, ma'am, which is unlikely.
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  Speaker 2: But if all of them had done that, ma'am, Donnie
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  Speaker 2: still would have won. Now, his victory speech was not
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  Speaker 2: wrapping his arms around people at all. It was an aggressive,
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  Speaker 2: pugnacious challenge to the President of the United States. I
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  Speaker 2: would have wrapped my arms around everybody. I would have said,
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  Speaker 2: mister President, this is the city of your birth, This
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  Speaker 2: is the city where you made your name. You built
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  Speaker 2: great skyscrapers in the city. We welcome you back, and
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  Speaker 2: we welcome your cooperation. Governor Cuomo. I want you to
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  Speaker 2: join my administration because you know so much about the city.
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  Speaker 2: I would have said things like that, but he didn't.
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  Speaker 2: He just came out swinging as if this was a
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  Speaker 2: perpetual campaign. Now, one thing that Trump did which helped
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  Speaker 2: ma'm Donnie and hurt the Republican in New Jersey. And
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  Speaker 2: I don't know how Trump did this. Because Congress has
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  Speaker 2: appropriated about six or seven billion for a new tunnel
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  Speaker 2: under the Hudson River between New Jersey and New York
• 3:41
  Speaker 2: badly needed. The new tunnel will be trained and automobile,
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  Speaker 2: and they've started work on it. They're part way under
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  Speaker 2: the river, starting from the New Jersey side. He cut
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  Speaker 2: off the funds on that project, and the Republican candidate
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  Speaker 2: who's on Trump's coattails, so to speak, refuse to criticize
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  Speaker 2: Trump for it. Many many people in New Jersey are
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  Speaker 2: aggravated by that. Many people New York are aggravated by it.
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  Speaker 2: The project brings thousands of jobs and an enormous economic
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  Speaker 2: improvement to the area. Trump cut it off in one
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  Speaker 2: of his peaks of anger. He didn't cut it off
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  Speaker 2: for any soundly stated reason. So it's a political mess
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  Speaker 2: here right now. I just hope the city doesn't suffer
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  Speaker 2: because the mayor likes to tease the president's personality and
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  Speaker 2: tont his ego.
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  Speaker 1: Well, does this signal beyond New York that the Democrats
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  Speaker 1: will be successful in their far leftward lurch. I mean,
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  Speaker 1: they've been struggling with party identity for a long time,
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  Speaker 1: and the one thing that says to solidify Democrats is
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  Speaker 1: just a uniform hatred for Donald Trump. Fine, he's not
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  Speaker 1: going to be around.
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  Speaker 2: Leader of the leader of the Democratic Party in the
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  Speaker 2: state of New York, who is also so the minority
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  Speaker 2: leader in the United States Senate, was not at the
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  Speaker 2: Mam Donnie celebration last night. His office is right across
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  Speaker 2: in New York City, offices right across the street from
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  Speaker 2: where I am now occasionally see each other in the streets.
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  Speaker 2: That's Senator Chuck Schumer. He of course, is about to
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  Speaker 2: face a challenge from the left, from the famous or
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  Speaker 2: infamous however you want to call her, AOC Alexandria Acassio Cortes.
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  Speaker 2: She's going to challenge him in the Democratic primary as
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  Speaker 2: he seeks reelection in twenty twenty six. The only thing
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  Speaker 2: the Democrats unite around is their antipathy to the president.
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  Speaker 2: They do not unite around I geology. There is the
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  Speaker 2: Mam Donnie AOC Bernie Sanders wing, and there is the
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  Speaker 2: Chuck Schumer wing. I mean this AOC crowd makes Chuck
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  Speaker 2: Schumer seem like Ronald Reagan, that comparison. It's just it's crazy.
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  Speaker 2: But they have the enthusiasm. And I'll tell you about
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  Speaker 2: Mendanni's money. Small donations fifteen dollars fifty dollars one hundred dollars.
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  Speaker 2: No huge ten million dollar deposits in a political action
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  Speaker 2: committee by billionaires. If anything, the billionaires in New York
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  Speaker 2: tried to prevent him, and they aided Cuomo.
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  Speaker 1: Well, that is an interesting phenomenon and of itself, but
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  Speaker 1: I guess he prevailed in the city with the largest
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  Speaker 1: Jewish population in the country. He is an avowed anti Semite.
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  Speaker 1: I mean, he's on record and he's affiliated with every
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  Speaker 1: anti Semitic organization there is, and I'm painting with a
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  Speaker 1: broad brush all acknowledge, but a lot of them. He's
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  Speaker 1: made some demonstrably horrific comments about Hamas and the Jewish
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  Speaker 1: people generally, and he refuses to renounce Hamas, for example,
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  Speaker 1: even the wake of that October seventh massacre. I just
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  Speaker 1: don't understand how he could get traction in New York City.
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  Speaker 2: I think the Jewish community in New York City they
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  Speaker 2: either just gave up the ghost or there are many, many, many,
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  Speaker 2: Because I have friends in this group, members of the
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  Speaker 2: Jewish people in New York City who are profoundly anti
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  Speaker 2: netsan Yahoo, profoundly against what happened in Gaza, refer to
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  Speaker 2: it as genocide and probably either voted for Mam Donnie
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  Speaker 2: or didn't vote because they expected him to win. Now
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  Speaker 2: a Cuomo has always had the support of all the
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  Speaker 2: major Jewish groups, but of course his elections before this
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  Speaker 2: one were all prior to October seventh, and never against
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  Speaker 2: a Muslim who was decidedly anti Jewish, So that also
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  Speaker 2: is a phenomenon. But you know this, Tucker Carlson, Nick Flint.
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  Speaker 2: This thing exploded right at the tail end of the
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  Speaker 2: of the campaign. I'm a friend of Tucker Carlson. I
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  Speaker 2: wouldn't go within a ten foot pole of Flints. But
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  Speaker 2: I don't think Carlson is an anti Semite. I think
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  Speaker 2: Carlson opposes what he believes, and I agree with him
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  Speaker 2: as the genocide in Gaza, and there are a lot
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  Speaker 2: of Jewish people in New York that agree with him.
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  Speaker 2: And that reared its head. It's because of the attacks
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  Speaker 2: on Carlson in the past ten days. Republican attacks on Carlson.
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  Speaker 1: Yeah, widespread, and I was actually shocked by all that.
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  Speaker 1: Real quick here, I appreciated your column which comes out tonight.
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  Speaker 1: I'm lucky to get it early. Can the President tax you?
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  Speaker 1: And this of course relates to the levying of tariff.
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  Speaker 1: This is going to be argued before the Supreme Court,
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  Speaker 1: is it not.
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  Speaker 2: It's going to be argued this morning at ten o'clock
• 8:49
  Speaker 2: before the Supreme Court. And the funders of the challengers
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  Speaker 2: are all conservative, Republican and libertarian groups who a year
• 9:02
  Speaker 2: ago endorsed to Donald Trump but are profoundly critical of tariffs.
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  Speaker 2: Tariffs go back to Thomas Jefferson, but they've always been
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  Speaker 2: enacted by Congress. This is the first president who imposed
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  Speaker 2: tariffs on his own usurping the power to tax the
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  Speaker 2: tariff as a sales tax. The question is did Congress
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  Speaker 2: give away its power? And then the question is can
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  Speaker 2: Congress constitutionally give away its power? I've read these two statutes,
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  Speaker 2: telling Blue in the face, you can't find the word
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  Speaker 2: tariff's in there specifically or even by implication.
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  Speaker 1: You refer to the National Emergencies Act in nineteen seventy
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  Speaker 1: six that he's claiming the right to do this under.
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  Speaker 2: Yes, yeah, there's a four a Gerald Ford era statute
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  Speaker 2: and then another one Jimmy Carter era. He's also claiming
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  Speaker 2: that this is an emergency. When you ask him what
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  Speaker 2: the emergency is, I don't know how the doj is
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  Speaker 2: going to say this is an emergency with a straight face.
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  Speaker 2: When justice course that you asks them what's the emergency?
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  Speaker 2: They claim the imbalance of trade is an emergency. Well,
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  Speaker 2: we've had an imbalance of trade since nineteen thirty four.
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  Speaker 2: That's ninety years. How could that be an emergency. There's
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  Speaker 2: a federal definition of emergency a sudden and unexpected event
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  Speaker 2: that adversely affects the national security or economic stability. So
• 10:24
  Speaker 2: you're talking about a surprise military attack or a hurricane.
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  Speaker 2: You're not talking about a ledger sheet that has existed
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  Speaker 2: for ninety years.
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  Speaker 1: Well, and given them were the wealthiest country on the planet,
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  Speaker 1: you would expect a trade in balance because we have
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  Speaker 1: enough money to buy stuff from other contact.
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  Speaker 2: So if you run up your credit card to its
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  Speaker 2: limit and you owe the credit card company more than
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  Speaker 2: you have at the moment in your checking account, you
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  Speaker 2: have a personal trade imbalance. Is that the fault of
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  Speaker 2: the companies that sold you the products? No, you're going
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  Speaker 2: to punish them. No. Trump looks at it differently. He
• 11:02
  Speaker 2: claims it's the fault of foreign governments, and so he
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  Speaker 2: wants to punish them with tariffs.
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  Speaker 1: So the mechanism to actually do. This is congressional action, correct,
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  Speaker 1: And here we find ourselves with nothing but congressional inaction
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  Speaker 1: on literally everything. This is where the problem of expedients
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  Speaker 1: always enters into the equation with you and I and
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  Speaker 1: everybody else. People want stuff done right now. They're not
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  Speaker 1: willing to wait for the constitutionally founded process to go through,
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  Speaker 1: and when that process fails, people immediately defaulted, We'll just
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  Speaker 1: go ahead and do it anyway. It's like launching a lot.
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  Speaker 2: That is actually part of the DOJ's problem. The DOJ
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  Speaker 2: lawyer is going to point to be in the courtroom.
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  Speaker 2: It's going to point across the street to the Capitol
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  Speaker 2: and say that building is closed. They can't agree on anything.
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  Speaker 2: The government is shut down. What is the president supposed
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  Speaker 2: to do?
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  Speaker 1: Right?
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  Speaker 2: That doesn't mean he can tax, but it does mean
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  Speaker 2: he has to run foreign policy without the Congress.
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  Speaker 1: Yes, indeed, well, at least in the constitution he is
• 12:01
  Speaker 1: responsible for foreign policy. But as you point out, taxes
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  Speaker 1: are not foreign policy, and tariffs are invested in the
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  Speaker 1: part of the congressional responsibility complicated. It is your honor,
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  Speaker 1: And of course gridlock tends to result in actions of expedients.
• 12:17
  Speaker 1: Perhaps Unlawful Judging Napolitana. Judging Freedom is your podcast. You
• 12:21
  Speaker 1: do it all week. What's going on today? Your honor
• 12:25
  Speaker 1: might have.
• 12:25
  Speaker 2: Professor Glenn Dieson and XCIA agent to Phil Giraldi, and
• 12:31
  Speaker 2: tomorrow Colonel Douglas McGregor and Colonel Lawrence Wilkerson who worked
• 12:37
  Speaker 2: with Dick Cheney and is going to refer to him
• 12:39
  Speaker 2: as a war criminal.
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  Speaker 1: Somehow, that seems like it's expected. Good job. We'll be
• 12:47
  Speaker 1: listening to the Judging Freedom. I'll courage my listeners to
• 12:49
  Speaker 1: find that podcast and enjoy your conversations. Always excellent they are,
• 12:53
  Speaker 1: and I always appreciate your time here in the fifty
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  Speaker 1: five carese.
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  Speaker 2: Morning as much as I appreciate the time you give me.
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  Speaker 2: Thank you, Brian, thank you.
• 13:00
  Speaker 1: I have a wonderful week, my friends, eight forty two.
• 13:02
  Speaker 1: Right now fIF you have k see the talk stations, Joe,
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  Speaker 1: open the phone line,