Latest / Brian Thomas / Judge Napolitano -- 1/28/26

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Judge Napolitano -- 1/28/26 · Brian Thomas

• 0:01
  Speaker 1: It is a twenty seven here if you about KERCD
• 0:03
  Speaker 1: talk station and where is Judge? We had him on
• 0:10
  Speaker 1: video of them four We were talking back and forth.
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  Speaker 1: That was in the seven o'clock Urt, just make sure
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  Speaker 1: the zoom thing worked in now, No, Judge, that certainly conceivable.
• 0:19
  Speaker 1: He was listening to a W. R. Hawkins And I
• 0:21
  Speaker 1: don't know. We'll see anyway. Sean McMahon covering free the
• 0:26
  Speaker 1: off Joe Stracker is busily trying to find Judge Innapolitano.
• 0:30
  Speaker 1: Judge of you here my voice, give us a call
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  Speaker 1: and find out what's going on.
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  Speaker 2: In the meantime there the phone is ringing. It's Richard.
• 0:38
  Speaker 1: See what happens here, Sean McMahon, just real quick here,
• 0:41
  Speaker 1: since we do tech Friday and Friday. There was an
• 0:43
  Speaker 1: announcement yesterday that Duke Energy is warning customers about a
• 0:46
  Speaker 1: text scam yes or out there because of the freezing temperatures,
• 0:51
  Speaker 1: they are tarty. These scammers are targeting people with a
• 0:55
  Speaker 1: threat of losing heat into John Joy, who's the Energy
• 1:03
  Speaker 1: Midwest director of a Duke Unfortunately, we've seen the scam activity.
• 1:07
  Speaker 2: He said.
• 1:07
  Speaker 1: They do not send clickable links and attacks. They do
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  Speaker 1: not demand money. They do not threaten service cut off
• 1:13
  Speaker 1: during unpaid bills, especially during winter weather. So there's another
• 1:16
  Speaker 1: one you can keep your eyes peeled for. Welcome, Judge Annapolitano,
• 1:20
  Speaker 1: it's great Tavy on the fifty five Krsey Morning Show.
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  Speaker 2: Sir, can you hear me? He can't hear me? Can
• 1:25
  Speaker 2: you hear me? Judge, Yes, I hear there is.
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  Speaker 3: I was not hearing you prior to this, and I
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  Speaker 3: was just about to email Sean when I hear you now.
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  Speaker 1: Oh, I'm not holding Sean blameable for anything, but when
• 1:39
  Speaker 1: Judge j Reckerd disappears, something always runs off the rails.
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  Speaker 2: Judge Napoulton, let me tell.
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  Speaker 3: You, Sean, handsome devil that he is, has done a
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  Speaker 3: very good job of connecting us.
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  Speaker 1: Yes he has. He always always rises to the challenge,
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  Speaker 1: Judge in Anapolotona. Before we get to your what I
• 1:56
  Speaker 1: will say is slightly in Cindiara, I was joking with
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  Speaker 1: you yesterday. Well you should have read the first draft.
• 2:02
  Speaker 1: Colin comes out at midnight to night. You can read
• 2:05
  Speaker 1: it for yourself draw your own conclusions of American Gestapo
• 2:08
  Speaker 1: American Psycho. But before we dive into details on that,
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  Speaker 1: I gotta ask you about this because the Trinidadian the
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  Speaker 1: families of a couple of the Trinidadtian men who were
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  Speaker 1: blown up in a US strike of the so called
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  Speaker 1: drug boats and Narco terrace boats on August fourteenth, twenty
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  Speaker 1: twenty five, they filed a federal lawsuit against the Trump administration,
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  Speaker 1: calling that attack manifestly unlawful. There's been no reaction from
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  Speaker 1: the Trump administration yet to what I can see. But
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  Speaker 1: you had talked about this on this show before in
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  Speaker 1: the context remember the second bomb strike that killed two
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  Speaker 1: guys when the first one didn't kill all of them,
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  Speaker 1: and you had mentioned that it's possible that they could
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  Speaker 1: file a civil suit. Now, I do not think this
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  Speaker 1: is that same strike. The six men were blown up
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  Speaker 1: and one fell swoop, but two of the families are
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  Speaker 1: suing them. Is this a lawsuit that might have some
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  Speaker 1: marriage Did you see this actually seeing the light of
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  Speaker 1: a judgment or anything.
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  Speaker 3: The short answer to both of your questions is yes,
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  Speaker 3: I think the lawsuit does have merit. These people are
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  Speaker 3: prepared to demonstrate to a federal judge and a Boston
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  Speaker 3: jury that they are two decedents, were fishermen, had nothing
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  Speaker 3: to do with drugs that they know more about this
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  Speaker 3: than the FEDS do. They know where the boat came from,
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  Speaker 3: they know who owned the boat, They know what these
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  Speaker 3: two guys were doing.
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  Speaker 4: What they don't know is how and.
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  Speaker 3: Why and when and by whom and for what reason
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  Speaker 3: the boat was targeted. So obviously we're going to have
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  Speaker 3: issues of discovery here. Yeah, people listening to us know
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  Speaker 3: what discovery is. It's where each side exchange and exchanges
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  Speaker 3: information that it has about the case, basically before you
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  Speaker 3: get into court to try it. So the plaintiffs are
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  Speaker 3: going to demand the what, when, where, why and how,
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  Speaker 3: and the government say this is the state secrets. These
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  Speaker 3: are military secrets. We can't reveal them. And if the
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  Speaker 3: judge follows the law, the judge will say, Okay, reveal
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  Speaker 3: it to me and I will look at all of
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  Speaker 3: it in chambers and I will decide what.
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  Speaker 4: The planeffs are entitled to.
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  Speaker 3: Now, if the planets are smart, I don't know who
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  Speaker 3: their lawyers are, but if they're smart, they'll have somebody
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  Speaker 3: on their team who is who is qualified, who has
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  Speaker 3: a national security clearance. There's only about twenty five lawyers
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  Speaker 3: in the country who are nationally national security cleared to
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  Speaker 3: see the same secrets that the government has, and most
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  Speaker 3: of them are ex Feds. Won't mention any names, but
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  Speaker 3: one of the most prominent of them as a trial
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  Speaker 3: lawyer in Boston. He's an ex FBI agent, x DEA agent,
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  Speaker 3: ex federal prosecutor. He has all the security clearances. That's
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  Speaker 3: the type person they need on their team because that
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  Speaker 3: takes the wind out of the federal government sales and
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  Speaker 3: that allows defense counsel to see more than the defense
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  Speaker 3: council would normally see.
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  Speaker 4: So that's what's going to happen.
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  Speaker 3: Now, whichever way this judge goes, it's going to go
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  Speaker 3: to the first circuit. If he or she doesn't reveal
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  Speaker 3: what the planeiffs want, they're going to appeal her. If
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  Speaker 3: he or she orders more than the Feds want, they're
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  Speaker 3: going to appeal her. So this is going to be
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  Speaker 3: a long drawn out process.
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  Speaker 4: You know.
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  Speaker 3: My view, the concept of state secrets is just a fraud.
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  Speaker 3: It's just a deception to allow the government to get
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  Speaker 3: away with things, almost always involving death. The whole state
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  Speaker 3: secrets nonsense came about when CIA agents were flying over
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  Speaker 3: Florida and the plane crashed and they're all male and
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  Speaker 3: their wives sued the government and simple case of wrongful death.
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  Speaker 3: The case was thrown out because they got money under workers' compensation.
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  Speaker 3: So then they sued the airline and brought the government
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  Speaker 3: back in, and the government said state secrets. They worked
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  Speaker 3: for the CIA, we can't even tell you why the
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  Speaker 3: plane was flying. And that's the origin of the The
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  Speaker 3: Supreme Court went along with this nonsense. That's the origin
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  Speaker 3: of the state secret to a doctrine. So we'll see
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  Speaker 3: where it goes from here.
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  Speaker 1: Last time I read my Constitution, there's no reference to
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  Speaker 1: state secrets in there.
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  Speaker 4: Agreed. Agreed.
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  Speaker 3: There's no reference to qualified immunity for agents who kill
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  Speaker 3: people in there either.
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  Speaker 2: Well, and you addressed that in your column.
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  Speaker 1: I did have a couple of other questions on that lawsuit, though,
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  Speaker 1: but you pointed out, you know, you asked the rhetorical question,
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  Speaker 1: can the state of Minnesota prosecute the ice killer? And
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  Speaker 1: the answer is yes. This happened with the FBI sharpshooter
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  Speaker 1: at Ruby Ridge, As you pointed out something that my
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  Speaker 1: listening audience detested, the federal government taking the life of
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  Speaker 1: that poor woman.
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  Speaker 2: They killed her.
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  Speaker 4: Correct.
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  Speaker 3: He Lan Horiuchi West point a graduate, the best sharpshooter
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  Speaker 3: the fbis ever had, but he wasn't at his best.
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  Speaker 3: At Ruby Ridge, he killed the son of the man
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  Speaker 3: they were trying to rest. Now, the son did have
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  Speaker 3: a shotgun in his hand, but he killed him in
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  Speaker 3: the back, and then he killed the wife in the back.
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  Speaker 3: The local prosecutors indicted him for murder. The case was
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  Speaker 3: transferred to a federal court. The federal judge threw it
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  Speaker 3: out under immunity grounds. The state appealed to the Tenth Circuit,
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  Speaker 3: which reinstated it, and then in the middle of the trial,
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  Speaker 3: the prosecutor lost his reelection bid it's the problem with
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  Speaker 3: elected prosecutors and elected judges, and the new prosecutor said,
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  Speaker 3: I'm not going to prosecute this guy. So after four
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  Speaker 3: or five years of litigation, lan Horiuchi walked.
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  Speaker 4: But the case law.
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  Speaker 3: Is clear, shoot somebody in the back, you don't have immunity.
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  Speaker 1: Fair enough, so there is legal precedent for that. But
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  Speaker 1: pivoting back over to the Trinidad men, some well, I
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  Speaker 1: guess they will they have standing. These are foreign nationals,
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  Speaker 1: and I understand the underlying circumstances, but do they have
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  Speaker 1: standing to get in our courts, and will this litigation
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  Speaker 1: be predicated on like a civil rights violation or an
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  Speaker 1: international law violation, mean what you might. I know my
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  Speaker 1: listeners are wondering how in the hell they're gonna go
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  Speaker 1: to get compensation out of this.
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  Speaker 4: Well, the short answer again is yes, they have standing.
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  Speaker 3: There's a federal statute that allows foreign nationals to sue
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  Speaker 3: the government when the government harms them outside the United States.
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  Speaker 3: The statute is right on point, so they do. They
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  Speaker 3: do have standing, and it would probably be a nineteen
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  Speaker 3: eighty three section or section nineteen eighty three of the
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  Speaker 3: Civil Rights Act of sixty four, which basically says, if
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  Speaker 3: you use the power of the government to impair somebody's
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  Speaker 3: civil liberties, in this case, the right to live, you
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  Speaker 3: can be a You could be a defendant in a
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  Speaker 3: in a litigation. Now, in the real world there'd be
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  Speaker 3: a criminal prosecution, which raises another whole host of issues,
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  Speaker 3: but civil litigation. I don't want to demean their deaths
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  Speaker 3: because I have condemned what the government did. It's just money, right,
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  Speaker 3: government may very well give them money to go away
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  Speaker 3: rather than roll the dice as to whether their secrets
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  Speaker 3: are going to be revealed because of First Circuit or
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  Speaker 3: the Supreme Court says, let the public know what happened.
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  Speaker 1: Fair enough, if I understand that in the civil justice system,
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  Speaker 1: which we have civiligation, you know, money is quite often
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  Speaker 1: the only remedy. You can't unring the bell of killing someone.
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  Speaker 3: So that's that's what they're asking for. It's the same
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  Speaker 3: as any under wrongful death case. It's based on the
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  Speaker 3: economic value of the decedent. They're probably seek punitive damages
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  Speaker 3: that I never heard a pianitive damages against the government.
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  Speaker 2: Nor have I now.
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  Speaker 1: Finally, though, to my people, quite often I've met with
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  Speaker 1: this challenge that therefoereign nationals, they're not entitled to the
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  Speaker 1: protections offered to the United States citizens under the Constitution,
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  Speaker 1: i e. Are civil rights that are guaranteed by the
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  Speaker 1: Bill of Rights.
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  Speaker 3: Well, that is an inaccurate reading of the Bill of
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  Speaker 3: Rights because it protects persons, it doesn't limit its protection
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  Speaker 3: to Americans.
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  Speaker 1: Yeah, you said that in the program before. I just
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  Speaker 1: had to make sure that that's the way.
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  Speaker 3: I'm glad you raised and Brian, I get that as well.
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  Speaker 4: I also get it from lawyers.
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  Speaker 3: I get it from all kinds of people who think
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  Speaker 3: I'm off on a tangent when I say the Bill
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  Speaker 3: of Rights applies to everybody.
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  Speaker 4: Just read it.
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  Speaker 3: Madison knew what he was doing when he said all persons, now,
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  Speaker 3: let's be honest. Persons to Madison did not mean black
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  Speaker 3: persons who were enslaved, but it meant everybody else.
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  Speaker 2: Well. Fortunately, we have evolved as a society.
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  Speaker 1: We have grown as a country over our two hundred
• 11:02
  Speaker 1: and fifty years, and we have made ourselves heat to gutter.
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  Speaker 1: Thanks be to God true all right, always end on
• 11:07
  Speaker 1: the Judging Freedom Podcast Judge of Polatona's podcast look for
• 11:11
  Speaker 1: wherever you get your podcasts, thinking stream that on the
• 11:13
  Speaker 1: iHeartMedia app. Who you can be talking today, Judge and
• 11:16
  Speaker 1: of Polatana, I.
• 11:17
  Speaker 3: Have Max Blumenthal, Professor Glenn Dies and Phil GERALDI Phyllis,
• 11:22
  Speaker 3: the CIA agent Mattel, George W.
• 11:25
  Speaker 4: Bush.
• 11:26
  Speaker 3: Saddam Hussein does not have weapons of mass destruction of
• 11:29
  Speaker 3: course out of the throw out of the Oval Office
• 11:33
  Speaker 3: tomorrow the Great or Colonel Douglas McGregor.
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  Speaker 1: So now look you're short of topics, Judge Nitapolatana, thank
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  Speaker 1: you for your time and joining the fifty five KRCY
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  Speaker 1: Morning Show. Talking to me my listeners. I always appreciate
• 11:44
  Speaker 1: hearing from you, and I love the discussion that you
• 11:48
  Speaker 1: stir with your points on the law.
• 11:50
  Speaker 2: I think it's I have.
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  Speaker 4: To stick around for the discussion.
• 11:53
  Speaker 3: I would imagine some of your listeners are not happy
• 11:55
  Speaker 3: with me, But my goal is not to make people happy.
• 11:58
  Speaker 1: It's to hear the pot right, think you. I tell
• 12:02
  Speaker 1: him that all the time. So well, ho come you
• 12:04
  Speaker 1: have napoloton on he hates Trump bar listen. I love
• 12:08
  Speaker 1: the discussion. I love the argument, the engagement, I love
• 12:11
  Speaker 1: the boiling down things. I love the legal analysis, and
• 12:14
  Speaker 1: I think you are a critically important component of fifty
• 12:16
  Speaker 1: five Kresdy Morning Show. I'm not here to deliver one
• 12:19
  Speaker 1: hundred percent listener agreement, man, I'm here to talk about
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  Speaker 1: what's important, and you aid in that discussion. God bless
• 12:26
  Speaker 1: you judging Apoultan.
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  Speaker 3: Doing a special thanks to Sean McMahon as well.
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  Speaker 1: He's waving at you, sir. We'll talk next to next Wednesday, sir,
• 12:35
  Speaker 1: have a great week. It's eight forty right now. We're
• 12:36
  Speaker 1: gonna do some love for charity coming up Marty Graff
• 12:39
  Speaker 1: for homeless kids. We'll hear from Gordy Schnyder. He's the
• 12:42
  Speaker 1: foundering chair of Marty Graf for Homeless Kids. That's coming
• 12:45
  Speaker 1: up next. I hope you can stick around.
• 12:46
  Speaker 2: Fifty five KRC Moore