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Judge Napolitano - When Presidents Kill · Brian Thomas

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  Speaker 1: Because are your annual mammogram with you see Hels Expert team.
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  Speaker 1: That's five one three, five eighty four Pink North Bend
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  Speaker 1: two seventy five cruiser working with an accident. Before you
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  Speaker 1: North Bend seventy five break lights out of Florence into downtown.
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  Speaker 1: Good for an extra fifteen minutes. Coming up next, the
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  Speaker 1: guest who's very happy this morning, Well, because another judge
• 0:31
  Speaker 1: powered is Yankees to a victory last night.
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  Speaker 2: They're going to need a couple more.
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  Speaker 1: But Judge NAP's next Chuck Ingram on fifty five KRC
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  Speaker 1: the Talk Station.
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  Speaker 3: Eight thirty two. If you have krcity Talk station. Well
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  Speaker 3: at least it wasn't goofy or wacky. That was a
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  Speaker 3: rather straightforward introduction. Welcome back to the fifty five KRC
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  Speaker 3: Morning Show, my friend Judge Ennena Politano.
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  Speaker 4: Yes, yes it was, and I think if I have
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  Speaker 4: this correct, A thirty eight year old Italian from New
• 1:04
  Speaker 4: Jersey will soon become the hero of the Cincinnati Bengals,
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  Speaker 4: So I.
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  Speaker 2: Have that right.
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  Speaker 3: You may maybe collectively we've written off the Cincinnati Bengals
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  Speaker 3: your honor. It's like, you want to be optimistic, but
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  Speaker 3: they give us no reason whatsoever to be optimistic. So
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  Speaker 3: maybe there is an element in there that's optimism.
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  Speaker 4: I feel sorry for Joe Burrow. He's such a talented kid,
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  Speaker 4: but he just keeps getting hurt. I run over and
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  Speaker 4: over again.
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  Speaker 3: Well, that came up in conversation early in the program,
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  Speaker 3: and I think we're blaming management, coaching staff, the owners
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  Speaker 3: for maybe not adequately protecting Joe Joe Burrow with a
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  Speaker 3: reasonably competent offensive line. But you know, we'll see how
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  Speaker 3: things play out over the long term. All right, And
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  Speaker 3: I love your column. I don't know if you heard
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  Speaker 3: me ask Congress from Massey about the Office of Legal
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  Speaker 3: Counsel and Department of Justice giving Donald Trump the keys
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  Speaker 3: to the American military when we face what he believes
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  Speaker 3: to be an eminent threat. Congress Amassy just basically said
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  Speaker 3: that that office is really designed to uphold literally anything
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  Speaker 3: the White House wants to do, regardless of administration. But
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  Speaker 3: I want to pause on that for a moment and
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  Speaker 3: ask you about what I thought was really I don't
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  Speaker 3: know Orwellian the fact that that Donald or rather all
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  Speaker 3: these elected officials, seven Senators and one member of the
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  Speaker 3: House of Representative, in this Arctic Frost investigation launched by
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  Speaker 3: the FBI in connection with the January sixth riots, they
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  Speaker 3: got their phone records.
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  Speaker 2: We've talked about this kind of they have.
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  Speaker 4: They have nobody to blame but themselves, right because the statute,
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  Speaker 4: the Electronic Privacy so called Electronic Privacy Act, you know,
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  Speaker 4: the name really is often the misnumber, permits FBI agents
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  Speaker 4: to get metadata. So it's who you called, when you called,
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  Speaker 4: and how long you spoke. It's not the actual conversation.
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  Speaker 4: I've been condemning this as a violation of the Fourth
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  Speaker 4: Amendment since it was first inactive. This is enacted by
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  Speaker 4: the Congress. They probably never imagined that it would happen
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  Speaker 4: to them. That doesn't make it moral, and it doesn't
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  Speaker 4: make it constitutional, but it does make it legal. And
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  Speaker 4: to make it even worse, Brian, this does not require
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  Speaker 4: a search warrant signed by a judge. It can be
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  Speaker 4: done by one of two ways. A grand jury subpoena
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  Speaker 4: and a good prosecutor can get a grand jury to
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  Speaker 4: subpoena anything, or a national security letter chie What is
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  Speaker 4: a National Security letter Patride Act? That's where one FBI
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  Speaker 4: agent authorizes another FBI agent to issue a search warrant
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  Speaker 4: on stored records at your lawyer's office, your doctor's office,
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  Speaker 4: your telecom, your computer server. Bill in the I don't
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  Speaker 4: blame is and I frequently disagree with him. As Senator Holly,
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  Speaker 4: he was outraged. He was not in the Senate when
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  Speaker 4: this legislation was enacted, but almost everybody else on that
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  Speaker 4: committee yesterday was in both parties. In fact, the chair
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  Speaker 4: that's been in the center for thirty years was around
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  Speaker 4: when the original legislation was enacted.
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  Speaker 3: I'm glad you framed it that way. I had a
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  Speaker 3: student listener call and point out the exact same thing.
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  Speaker 3: Republicans or anybody who voted for that, has nobody blamed
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  Speaker 3: for themselves for the fact that it's being used against
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  Speaker 3: them in this particular case. Question of whose ox is
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  Speaker 3: being gord, I suppose.
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  Speaker 4: Right nobody's ox should be gord. They should follow the
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  Speaker 4: Fourth Amendment. If Jack Smith had probable cause to believe
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  Speaker 4: that there was evidence of a crime and a conversation
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  Speaker 4: between I'm just going to use this hypothetically. I don't
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  Speaker 4: know if the conversation happened Senator Josh Holly and President
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  Speaker 4: Trump on January fifth or January sixth. He goes to
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  Speaker 4: a federal judge, presents the evidence, and if the judge agrees,
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  Speaker 4: he signs a search warrant. Short of that, not neither
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  Speaker 4: Jack Smith nor any prosecutor, under any circumstances has the
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  Speaker 4: right to surveil communications. But the Congress has butchered that
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  Speaker 4: in a series of legislation, going back to legislative acts
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  Speaker 4: going back to before.
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  Speaker 2: Nine to eleven.
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  Speaker 4: I believe it or not, what left wing pinko creep
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  Speaker 4: signed the first of these laws allowing the government to
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  Speaker 4: get your bank.
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  Speaker 2: Records George Bush right, Ronald Rayel.
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  Speaker 4: Nineteen eighty six. So this stuff goes way back. It was,
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  Speaker 4: of course accelerated after nine to eleven. After nine to
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  Speaker 4: eleven you have the Patriot Act and a slew of
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  Speaker 4: amendments to it, every single one of which makes surveillance
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  Speaker 4: without a search warrant easier. But the original damage was
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  Speaker 4: done in nineteen eighty six under the so called Bank
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  Speaker 4: Privacy Act, which gives the FEDS the right to look
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  Speaker 4: at banking information. When you deposited more than ten thousand
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  Speaker 4: dollars in one deposit, That's that's what opened up these floodgates.
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  Speaker 3: And when you frame it that way, I just scratched
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  Speaker 3: my head and wonder why what possible means?
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  Speaker 1: Well?
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  Speaker 2: What cartels are using in drug dealers?
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  Speaker 4: And so in those days, in those days, we were
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  Speaker 4: at the tail end of the drug wars, which had
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  Speaker 4: destroyed the Fourth Amendment, And fear of drug dealers is
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  Speaker 4: what animated Congress Post nine to eleven. Of course, it
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  Speaker 4: is fear of terrorism. And what is it now? Whatever
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  Speaker 4: Donald Trump says, it is fear of immigrants, fear of
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  Speaker 4: narco terrorists, fear of whatever you want to be afraid of.
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  Speaker 4: In terms of what Congressman Massy said, I had an
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  Speaker 4: Internet problem on my previous gig and I was not
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  Speaker 4: able to jump on. Of course, I agree with everything
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  Speaker 4: he says. The Office of Legal Counsel was once the
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  Speaker 4: DOJ's lawyers. You'll know the names of two people who,
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  Speaker 4: in their younger days ran the Office of Legal Counsel.
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  Speaker 4: One of them is named William Rehnquist and the other
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  Speaker 4: is named Antonin Scalia these were truly the brightest stars
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  Speaker 4: in the DOJ. They told the DOJ the law as
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  Speaker 4: they understood that they were impervious to politics no longer. Today,
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  Speaker 4: I am dying to see this so called secret memorandum
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  Speaker 4: that she has. How can analysis of a public law
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  Speaker 4: possibly be secret?
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  Speaker 2: I know I was gonna ask you about that.
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  Speaker 3: He's not gonna reveal the memo to the general public,
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  Speaker 3: even though CNN is widely reported on it. But eminent
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  Speaker 3: threat isn't that a rather subjective measure when it comes
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  Speaker 3: to determined where they're going to use military force. And
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  Speaker 3: I go back to the boats, he's blown up. I
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  Speaker 3: don't like drugs. I don't want him in in the
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  Speaker 3: United States. But you know that we have a coastguard
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  Speaker 3: for if they get close to us, then we can
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  Speaker 3: pick them up in process.
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  Speaker 4: How could four guys in a speed boat fifteen hundred
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  Speaker 4: miles from the US, unarmed or maybe with just small arms,
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  Speaker 4: you know, handguns, possibly be considered an eminent threat to
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  Speaker 4: the national security of the United States. The answer is
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  Speaker 4: they can't. And even if they were an eminent threat,
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  Speaker 4: it would make much more sense to arrest them, search
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  Speaker 4: the boat. If there's drugs there, seize the assets, and
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  Speaker 4: then engage in plean negotiations with one of them to
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  Speaker 4: find out where the drugs came from and who their
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  Speaker 4: sources are. There are ways to accomplish these goals without
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  Speaker 4: murdering people.
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  Speaker 3: Yeah, no question about it. Go about the normal course
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  Speaker 3: of business. Pick them up. They obviously can have committed
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  Speaker 3: a crime. Look, it's a drug, vote drug, it's a
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  Speaker 3: boat full of drugs. That's against law. You're in our
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  Speaker 3: territory of waters. You're going to be subject prosecution. I
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  Speaker 3: die anyhow. It's just troubling from my perspective, and I
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  Speaker 3: worry you know a lot of my listeners. I think
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  Speaker 3: I hate drug dealers. I don't care that they blew out.
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  Speaker 3: I don't care if it violates constitution. Well I do,
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  Speaker 3: because somebody else is going to be in office someday. Yeah,
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  Speaker 3: and they may decide that some organization that we don't
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  Speaker 3: believe necessarily represents an imminent THREATSCA starts getting bombed because
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  Speaker 3: of their political ideology or their geopolitical ideology or whatever
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  Speaker 3: have you. It's so low a standard. And we're talking
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  Speaker 3: about America's military here at minimum. And you and I
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  Speaker 3: think agree on this point. We don't believe authorizations for
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  Speaker 3: use of military force quite cut the constitutional declaration of
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  Speaker 3: war standard. But at least get Congress to agree with
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  Speaker 3: you and say, yes, you're right, we stamp of approval
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  Speaker 3: authorize you some military force because we believe this to
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  Speaker 3: be an eminent threat.
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  Speaker 2: We can hash that out.
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  Speaker 4: Right right, it's it's very, very dangerous. I got a
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  Speaker 4: little alarmist and hyperbolic at the end of my column
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  Speaker 4: saying who are they going to shoot next? Drug dealers
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  Speaker 4: in Chicago? But their logic for killing people before they
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  Speaker 4: commit crime is the same logic because out outside the
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  Speaker 4: territory of orders of the United States, is the same
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  Speaker 4: logic that they could apply to people inside the United States.
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  Speaker 4: By the way, how can it be a federal crime
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  Speaker 4: even if they were carrying drugs from Caracas to some
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  Speaker 4: island off the coast of Caracas. What business of the
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  Speaker 4: federal government is that? Does federal law apply everywhere on
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  Speaker 4: the planet.
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  Speaker 3: Don't tell them that they may get that idea. You're honor,
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  Speaker 3: and we'll start bombing targets all over the world without
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  Speaker 3: with reckless abandon Judge Jenna Politano, logic, reason is always
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  Speaker 3: on the plate when we talk with you, and I
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  Speaker 3: appreciate the willingness to come on the program every week
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  Speaker 3: and have these great conversations.
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  Speaker 4: Right Brian, It's my favorite morning and I love being
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  Speaker 4: able to chat with you no matter what the Yankee,
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  Speaker 4: the Reds, or the Bengals, or I hate to even
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  Speaker 4: mention this, the football team New York Giants are doing.
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  Speaker 3: It is a strain for you to get those words
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  Speaker 3: out real quick. Judging Freedom is his weather? Or is podcast?
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  Speaker 3: Are you gonna be speaking with today?
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  Speaker 4: You're on at eleven this morning Eastern. I have the
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  Speaker 4: great Colonel Douvas McGregor. Colonel McGregor and I spent a
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  Speaker 4: weekend together giving this past weekend in a beautiful place
• 11:23
  Speaker 4: in the United States, Dallas, Texas, where we were well
• 11:27
  Speaker 4: received by the people to whom we spoke. But he's
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  Speaker 4: warning that war with Iran is imminent, and he's going
• 11:34
  Speaker 4: to describe American, not Israeli, American preparations for that war.
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  Speaker 4: Does Iran pose a threat to the national security of
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  Speaker 4: the United States?
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  Speaker 2: Not one bit?
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  Speaker 4: What we're getting ready.
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  Speaker 3: It's gonna be a fascinating conversation, if not trouble and
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  Speaker 3: judging and to paulatonom until next Wednesday. God bless you sir.
• 11:54
  Speaker 3: Have a great week.
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  Speaker 4: Thank you, Brian all the best.
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  Speaker 3: Take care, my friend. It's a forty three right now
• 11:58
  Speaker 3: if you. Bob Kercite talks in Gate of Heaven