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Judge Napolitano · Brian Thomas

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  Speaker 1: 830 on a Wednesday. It's that time of week with
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  Speaker 1: the benefit of Judge Annapolitano's thoughtful legal analysis. Welcome back,
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  Speaker 1: Judge Annapolitano. It's always a pleasure to have you on
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  Speaker 1: the 55 KRC Morning Show, my friend.
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  Speaker 2: Thank you. Thank you, Brian. Pleasure to be with you. Boy,
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  Speaker 2: what a night last night.
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  Speaker 1: No doubt about it. And all the political pundits and
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  Speaker 1: prognosticators are laying most of the blame on the shellacking
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  Speaker 1: that the conservatives got yesterday, the Trump administration, of course, Republicans,
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  Speaker 1: the war. That is number one on everybody's list. Some
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  Speaker 1: say tariffs, some say war. It's obviously the price of gasoline,
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  Speaker 1: which can be attributed in large part to the war,
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  Speaker 1: at least this temporary spike.
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  Speaker 2: You know, I mean, a month ago, Brian, would you
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  Speaker 2: have predicted that the governor of Ohio would be a
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  Speaker 2: Democrat and the new U.S. senator would be the old
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  Speaker 2: timer or was rejected two years ago?
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  Speaker 1: Um, and so far as the latter race is concerned,
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  Speaker 1: I would have gone a coin flip and I would
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  Speaker 1: have said no way in hell, the incompetent demonstrably. So
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  Speaker 1: Amy Acton versus the unbelievably competent and successful Vivek Ramaswamy.
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  Speaker 1: I thought there was no contest there, but obviously I've
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  Speaker 1: been proven wrong. Uh, you know, I, we, I, I
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  Speaker 1: joked ahead of time, you know, November 4th, we're going
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  Speaker 1: to wake up the headlines that Ohio is the laughingstock
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  Speaker 1: of the nation, but there are so many other races
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  Speaker 1: that we could say that about. but that's my number
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  Speaker 1: one vote. Amy Acton, I am just really, it just
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  Speaker 1: breaks my heart. The only benefit we've got on that
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  Speaker 1: one is that the House and Senate are still in
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  Speaker 1: Republican hands, so whatever she wants to do, of course,
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  Speaker 1: it's not going to be signing into law legislation they pass,
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  Speaker 1: but at least that's the check we've got in Ohio.
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  Speaker 2: Yeah, but the numbers nationwide are overwhelming.
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  Speaker 1: Yes, they are.
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  Speaker 2: Right now, it appears that... the Democrats in the Senate
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  Speaker 2: will be at least 54 to 46 and maybe 55
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  Speaker 2: to 45. And in the House, my goodness, it looks
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  Speaker 2: like it's going to be 255 Democrats to about 170 Republicans.
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  Speaker 2: I was listening to Kevin McCarthy, the former Speaker of
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  Speaker 2: the House, who was famously or infamously, depending upon which
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  Speaker 2: side of this you're on, ousted. by the folks that
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  Speaker 2: delivered the speakership to Mike Johnson, say that it's impossible
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  Speaker 2: to govern. It's impossible to do anything in the House
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  Speaker 2: if you have fewer than 200 votes. And they're probably
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  Speaker 2: going to have about 25, 200 seats. They're probably going
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  Speaker 2: to have 25 fewer than 200 seats. It's a wipeout.
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  Speaker 1: Yeah, without question. I don't think you can call it
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  Speaker 1: anything but that. You know, I mean, Barack Obama suffered
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  Speaker 1: a similar wipeout in 2010. And, of course, you know,
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  Speaker 1: the midterm elections typically go against the incumbent president. So
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  Speaker 1: no surprise here. But just given how far left the
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  Speaker 1: Democrat candidates have gotten in their embrace of the platform
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  Speaker 1: from the DSA, which undermines our beloved Constitution, Judge Napolitano,
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  Speaker 1: they want to wipe out.
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  Speaker 2: You're going to see the House of Representatives vote. pass
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  Speaker 2: Medicare for all. And Trump will be, and everybody who
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  Speaker 2: was calling for the abolition of the filibuster will be
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  Speaker 2: grateful that it exists because that'll prevent the Senate from
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  Speaker 2: passing it.
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  Speaker 1: Well, unfortunately, Trump has the veto pen, but Your Honor,
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  Speaker 1: this is what troubles me so much. You know, it's
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  Speaker 1: like Marxism. If you talk about it in a hypothetical, broad,
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  Speaker 1: philosophical context, oh, from each accord is ability to each
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  Speaker 1: accord is a need. It sounds so wonderful. Oh, we're
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  Speaker 1: going to live in harmony. If you talk about Medicare
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  Speaker 1: for all, oh, great, Medicare for all. We're all going
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  Speaker 1: to get equal medical care. No one addresses the damn
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  Speaker 1: price tag, $ 42 trillion. I mean, there's a range, but
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  Speaker 1: it's all like between $ 30 and $ 80 trillion, so pick
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  Speaker 1: the middle comfortable number. It's massive trillions of dollars. It's
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  Speaker 1: as much or more than our total accrued national debt.
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  Speaker 1: It's just not possible.
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  Speaker 2: Right, right, right. I mean, and then Trump the night
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  Speaker 2: before Election Day saying the U.S. is going to stop
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  Speaker 2: giving money to Israel. I mean, that must have been
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  Speaker 2: a campaign ploy. If he were serious, I would think
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  Speaker 2: the Israel lobby would have jumped down his throat as
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  Speaker 2: soon as he said that. Israel would collapse without the
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  Speaker 2: funding that it gets from the U.S.
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  Speaker 1: Well, it's already been allocated funding, too, from what I heard.
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  Speaker 1: I mean, there's legislation.
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  Speaker 2: Yeah, so it's hard to.
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  Speaker 2: Figure out what he meant by that. The Israeli press,
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  Speaker 2: of course, said that the Netanyahu government didn't know what
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  Speaker 2: Trump was talking about.
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  Speaker 1: He said he'd been talking about, you know, it's just
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  Speaker 1: like talking about settlement or resolution of the conflict with Iran.
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  Speaker 1: One thing is, well, we're on the brink of reaching
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  Speaker 1: a settlement. The next day, it's we're going to start
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  Speaker 1: dropping bombs tomorrow. Well, you know, I talked to Benjamin
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  Speaker 1: Netanyahu and told him this was coming. And the next day,
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  Speaker 1: Benjamin Netanyahu's going, I don't know what the hell he's
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  Speaker 1: talking about. Yeah.
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  Speaker 2: Yeah. I wish that Trump had not undermined our friend
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  Speaker 2: Thomas Massey and that he could be part of this, whatever,
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  Speaker 2: whichever way the government is going to go. I know
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  Speaker 2: he has other plans in his life, but I wish
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  Speaker 2: he were still in the House. I gather there may
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  Speaker 2: very well be enough steam to impeach Pete Hegseth now
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  Speaker 2: in the current Congress. According to Thomas Massey, that's why
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  Speaker 2: Mike Rogers adjourned to the House, because Congressman Massey had
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  Speaker 2: a majority vote, which is all it takes on his
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  Speaker 2: motion to impeach the Secretary of Defense. And that forces
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  Speaker 2: the Senate to stop what it's doing and hold a trial.
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  Speaker 1: Well, what about a presidential pardon? Donald Trump's already promised,
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  Speaker 1: like Joe Biden did, to pretty much pardon everybody in
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  Speaker 1: his administration.
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  Speaker 2: A pardon does not extend to impeachments or to war crimes.
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  Speaker 2: So Hegseth has problems for the rest of his life
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  Speaker 2: if he goes to other countries.
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  Speaker 1: And the war crimes, including the blowing up of the
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  Speaker 1: drug boats in... Correct. Correct. Correct.
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  Speaker 2: Now, he hasn't been formally charged with those, but it's
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  Speaker 2: just a matter of time.
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  Speaker 1: Well, I've come to expect it. I mean, the Democrats
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  Speaker 1: have already promised it. You know, subpoena here, impeachment there,
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  Speaker 1: you know, a lawyer up, say, some of them. So, yeah,
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  Speaker 1: we're going to have two years of constant investigations, probably
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  Speaker 1: nothing actually getting accomplished. And then we'll be back in
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  Speaker 1: the middle of a presidential election in 2028.
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  Speaker 2: I'll tell you who I think gained last night and
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  Speaker 2: who suffered. Who suffered was the vice president who couldn't
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  Speaker 2: deliver his own state, who gained as his likely opponent
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  Speaker 2: for the Republican nomination, who did deliver his state, the
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  Speaker 2: secretary of state. So those two guys are in different
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  Speaker 2: seats right now than they were two days ago.
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  Speaker 1: Yes, they are. Yes, they are.
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  Speaker 2: I don't know how popular the vice president is in Ohio.
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  Speaker 2: I saw sort of a snarky, snippy, Donald Trump imitation-like
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  Speaker 2: version of him in a couple of speeches toward the end.
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  Speaker 2: I don't know if he was just testing this new
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  Speaker 2: routine out, but honestly, he seemed out of character for
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  Speaker 2: this professed traditional Roman Catholic.
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  Speaker 1: Yeah, you know, I think he usually comes across quite well, but,
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  Speaker 1: you know, even this morning I had someone calling up
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  Speaker 1: and just absolutely unloading on J.D. Vance, and I don't
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  Speaker 1: have many liberals in my audience, and if I do
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  Speaker 1: have them, Your Honor, and I've been told that I do,
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  Speaker 1: they don't usually call me up and challenge my logic
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  Speaker 1: and my reason. I always welcome the opportunity, but Rarely
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  Speaker 1: are they taken off because I'm the kind of guy
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  Speaker 1: that would say, OK, Medicare for all sounds great. But
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  Speaker 1: then again, how in the hell are you going to
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  Speaker 1: afford it? It's a simple question that can't be answered
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  Speaker 1: because it can't be afforded. It's stuff like that. But
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  Speaker 1: there are critics of J.D. Vance in my listening audience.
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  Speaker 1: They have preferential choices beyond him for president. And that's
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  Speaker 1: all going to shake out over the next couple of years.
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  Speaker 2: But he's not native to Ohio and he only ran
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  Speaker 2: once and won once and didn't serve the full term.
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  Speaker 2: Do I have that correct? He was in his sole term.
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  Speaker 2: In the Senate when Trump tapped him to be his veep.
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  Speaker 1: I do believe that's accurate. Yes. But, you know, pivoting
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  Speaker 1: back over to Massey, and I have no idea what
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  Speaker 1: Gowrain is going to bring to the table, but he
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  Speaker 1: was elected by a pretty decent majority. So Donald Trump's
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  Speaker 1: hand-selected replacement for Thomas Massey is the next representative from
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  Speaker 1: that district.
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  Speaker 2: And Donald Trump's hand-selected replacement for Lindsey Graham? Failure. Donald
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  Speaker 2: Trump's hand-selected replacement for John Cornyn. My God, Cornyn would
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  Speaker 2: have beaten Tallarico in his sleep. Instead, they had the very,
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  Speaker 2: very damaged, very challenged Attorney General Ken Paxton, who lost
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  Speaker 2: pretty handily last night.
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  Speaker 1: First Democratic senator from Texas in 33 years, and Gina
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  Speaker 1: Hinojosa is now the governor or will be the governor
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  Speaker 1: of Texas, the first Democrat governor in 32 years. Wow.
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  Speaker 2: Wow. Thank you. Thank you, Donald Trump. You know, this
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  Speaker 2: is a reckoning for the Republican Party, Brian. They can't
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  Speaker 2: become a cult. They have to stand for principles like
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  Speaker 2: a balanced budget and free market capitalism, and they Bill
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  Speaker 2: of Rights means what it says. They have to stand
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  Speaker 2: for these things. They can't just kowtow to what the
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  Speaker 2: person in the White House who has no consistent philosophy
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  Speaker 2: or ideology except what pleases himself at the moment wants.
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  Speaker 1: Well, I was always a fan of fiscal responsibility, limited government,
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  Speaker 1: and free markets, which was the Tea Party. It could
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  Speaker 1: have saved the Republican Party so long ago, but that's
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  Speaker 1: a distant memory now, and maybe we'll have to start
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  Speaker 1: reconciling with it on the conservative side of the ledger
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  Speaker 1: as we contemplate yesterday's train wreck.
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  Speaker 2: My friend Peggy Noonan at the Wall Street Journal says
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  Speaker 2: this is the best thing that could have happened to
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  Speaker 2: the Republican Party, and it happened at just the right time.
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  Speaker 1: I saw that.
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  Speaker 2: It will produce fidelity to first principles and leaders in time.
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  Speaker 2: for the 2028 election, and they will not be beholden
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  Speaker 2: to the current occupant of the White House. I hope
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  Speaker 2: she's right.
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  Speaker 1: No, I think she's right. Like Phoenix rising from the
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  Speaker 1: ashes and then the similar corollary benefit to Republicans, they're
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  Speaker 1: not going to have evil orange man to run on
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  Speaker 1: those Democrats, which was an effective campaign strategy for yesterday,
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  Speaker 1: but it'll be a thing of the past. They're going
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  Speaker 1: to have to come up with some concepts and ideas
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  Speaker 1: to sell to the American people. And as of yesterday
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  Speaker 1: before the vote, I hadn't heard a single concrete argument
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  Speaker 1: from Democrats advancing a particular set of specific things they
• 10:51
  Speaker 1: were going to do to tackle this pesky inflation problem
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  Speaker 1: we're dealing with. It's their ownership now. We'll see what
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  Speaker 1: they deal with it or do with it.
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  Speaker 2: Right.
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  Speaker 1: Judging freedom.
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  Speaker 2: Right.
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  Speaker 1: Judge Annapolitano's podcast, find it wherever you get your podcasts,
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  Speaker 1: Judging Freedom. What are you going to be talking about today,
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  Speaker 1: Your Honor?
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  Speaker 2: A little bit about the election, but mainly Ukraine and Israel.
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  Speaker 2: Professor John Mearsheimer, Max Blumenthal, Phil Giraldi. But it's a
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  Speaker 2: pleasure to be with you, Brian, no matter what we're
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  Speaker 2: talking about, no matter what the outcome, no matter how
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  Speaker 2: your listeners might not be happy this morning. It's a
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  Speaker 2: privilege for me to be able to analyze these things
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  Speaker 2: with a person whose intellect and personality and professionalism I
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  Speaker 2: have so much respect for.
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  Speaker 1: I am humbled by your kind words, sir. I am
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  Speaker 1: not worthy of them, but it is a great benefit
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  Speaker 1: to myself, my listening audience. to have these discussions. You know,
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  Speaker 1: we don't always see perfectly eye to eye, but you
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  Speaker 1: bring up some awesome points. People just need to contemplate them,
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  Speaker 1: and that is what we get, the benefit of that
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  Speaker 1: contemplation with your thoughtful analysis. We'll do this again next Wednesday.
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  Speaker 1: Have a great week between now and then, my friend.
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  Speaker 2: You as well, Brian. Thank you.
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  Speaker 1: Bye-bye. Thank you. Bye-bye. Josh Gerth coming up next. Hamilton
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  Speaker 1: County Chairman Josh Gerth.