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Judge Napolitano - An Assault on the Republic · Brian Thomas

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  Speaker 1: In Milford today is National Dress Up Your Pet Day. Well,
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  Speaker 1: our next guest was able to find a costume. This
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  Speaker 1: is just so cute dressed up his dog as Thomas Massey. Oh,
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  Speaker 1: you've got to go to Brian's blog page and meet
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  Speaker 1: Thomas Paulsy The judges next Chucking Vermont fifty five KRC,
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  Speaker 1: the Talk Station, A.
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  Speaker 2: Thirty fifty four CARC the Toss Station, Judge Ednapolitano. Can
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  Speaker 2: you hear me? Are we experiencing technical difficulties this morning?
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  Speaker 2: Judge Strecker's trying to iron them out as we speak.
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  Speaker 2: Judge cannot currently hear my voice, although I see his
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  Speaker 2: face on the zoom connection. He's kind of fading in
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  Speaker 2: and out. Congress Mam Massey, I know you're busy holding
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  Speaker 2: on online waiting to hear from the judge.
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  Speaker 3: Something about a dog dressed up with Thomas Matthew that
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  Speaker 3: I catch that you did.
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  Speaker 2: It's your dog apparently dress up your Pet Day or something.
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  Speaker 2: But Congressman Thomas Massey is literally listening right now. He is.
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  Speaker 2: He decided to hold after my conversation in the last
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  Speaker 2: segment with him because he wanted to hear what you
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  Speaker 2: had to say today. Welcome back to the Morning show, sir.
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  Speaker 2: It's a pleasure having you.
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  Speaker 3: Well, thank you, Brian. I'm sorry but we can't see
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  Speaker 3: each other. I don't know what the technical glitch is.
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  Speaker 3: And I did not know that the greatest defender of
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  Speaker 3: the Constitution in the modern era was on right before me,
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  Speaker 3: or would have come on a little bit earlier so
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  Speaker 3: that I could hear what he was saying. But Thomerson, Massy,
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  Speaker 3: thank you for taking the time to listen to us.
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  Speaker 2: Well, you know you would have enjoyed You would have
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  Speaker 2: enjoyed the conversation. In your column, which I read an
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  Speaker 2: assault on the Republic. You're very critical of Donald Trump,
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  Speaker 2: and I understand that, and you know I occasionally, and
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  Speaker 2: I'm warning my listening audience, do not call Joe Strecker
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  Speaker 2: and complain about the judges thoughts and commentary. Joe has
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  Speaker 2: nothing to do with it. It's kind of crazy. He needs.
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  Speaker 2: I'm your critical in any way, shape or form, of
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  Speaker 2: Donald Trump. The phones light up and just Drecker gets
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  Speaker 2: the brunt of the argument. But quite often they're not
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  Speaker 2: seeing through to the legal arguments that you are making.
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  Speaker 2: They're only hearing the criticism of the person who is
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  Speaker 2: cot runs contrary to your perception of the law. But
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  Speaker 2: one thing I wanted to take from your column, which
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  Speaker 2: can spring from it. In the last segment, we talked
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  Speaker 2: to Congressman Thomas Massey about the law that is on
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  Speaker 2: the books which forced the government to release the Epstein
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  Speaker 2: files by I guess it was the nineteenth last month
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  Speaker 2: or something. They didn't do it. There's apparently a million
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  Speaker 2: plus documents behind the scene. Bondie won't release them. No
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  Speaker 2: one will release them. They're going to have to go
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  Speaker 2: to court. They may might have to file a contempt hearing.
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  Speaker 2: There is no fidelity to the rule of law. This
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  Speaker 2: is not faithfully upholled in the Constitution and the laws
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  Speaker 2: of the United States of America. And I quite frankly
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  Speaker 2: am puzzled by the whole thing. But here's yet another
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  Speaker 2: illustration of fast and loose with the well the power.
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  Speaker 3: You know, I have been arguing, and I do this
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  Speaker 3: with deference and respect here listeners, not to arouse them,
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  Speaker 3: but I've been arguing that there's a direct line to
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  Speaker 3: be drawn between what's happening in the streets in Minneapolis
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  Speaker 3: and what happened in a bedroom in Caracas. This is
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  Speaker 3: all and what happened in the speedboat and fishing boat
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  Speaker 3: killings in the Caribbean. This is all a specie of
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  Speaker 3: might makes right. This is all a specie of rejecting
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  Speaker 3: the laws. When the president takes his oath of office,
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  Speaker 3: he promises to faithfully exercise his duties. The Constitution Convention
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  Speaker 3: debated over the word faithfully, and Madison quite properly was
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  Speaker 3: worried that without that word in there, presidents would take
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  Speaker 3: the oath as carte blanche to enforce the laws they'd
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  Speaker 3: liked and forget about the laws they dislike. But by
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  Speaker 3: putting the word fatally in there, the president and everybody
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  Speaker 3: in the executive branch, including the Attorney General, is subject
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  Speaker 3: to the laws, whether they like them or not. Congressman
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  Speaker 3: Massey happens to have ridden the crest of a wave
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  Speaker 3: which resulted in all members of Congress but one voting
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  Speaker 3: for this legislation, legislation that three days before it was
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  Speaker 3: voted on, the President was still twisting arms to try
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  Speaker 3: and get people not to vote or not to sign
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  Speaker 3: the discharge competition. So the Congress's voice is loud and clear.
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  Speaker 3: Oh yeah, The President reluctantly signed this legislation. As the law,
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  Speaker 3: she has no choice but to comply with it. He
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  Speaker 3: can leak all he wants to the Wall Street Journal
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  Speaker 3: that he doesn't like her. He can tell you, as
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  Speaker 3: attorneys all he wants. You guys are losing too many cases.
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  Speaker 3: But when it comes down to jacks, the DOJ is
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  Speaker 3: not enforcing the law when it has to be enforced
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  Speaker 3: against themselves.
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  Speaker 2: Yeah, and as Massey pointed out, you know, it's a
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  Speaker 2: new law, so it supersedes some of the earlier laws
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  Speaker 2: that were on the book that some are arguing are
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  Speaker 2: being violated because the new law says, release all the
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  Speaker 2: Epstein files, including the FBI in records, and maybe the
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  Speaker 2: settlement agreements that have been reached between some noted notables
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  Speaker 2: and anybody who might have been molested. You know, as
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  Speaker 2: he pointed out, you know, you can't tell me with
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  Speaker 2: a million files and maybe five million documents, only two
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  Speaker 2: people have been held accountable for this, Julane Maxwell and Epstein.
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  Speaker 2: I mean, there's just too much there there and it
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  Speaker 2: just ends up demanding the American public demands of all
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  Speaker 2: political stripes. Give us the damned documents, let us draw
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  Speaker 2: our own conclusions.
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  Speaker 3: That's what the law says, correct, and Congressman Nasty is correct.
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  Speaker 3: As a matter of law, a newly enacted just like
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  Speaker 3: a subsequently enacted amendment to the Constitution. Trump's lowercase te
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  Speaker 3: that which preceded it. Congress is presumed to intend to
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  Speaker 3: have overridden whatever might be inconsistent with what it has
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  Speaker 3: just enacted. So the Epstein Transparency Act is the law
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  Speaker 3: of the land. In the Attorney General, she keeps claiming
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  Speaker 3: she has four hundred lawyers and one hundred FBI agents
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  Speaker 3: going through the files. Nobody believes that it couldn't possibly
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  Speaker 3: be taking them that long. What are they redacting when
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  Speaker 3: they retact? Congressman Messy knows that's better than if they
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  Speaker 3: have to say what it is, not who it is,
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  Speaker 3: but what it is. This was redacted because it identified
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  Speaker 3: a thirteen year old girl who was abused on the
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  Speaker 3: day that to put that in the margin. They have
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  Speaker 3: done that. None of these reactions explain in the margin
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  Speaker 3: what is being redacted or why it was retacted. It
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  Speaker 3: is clear they don't want to do their job. Dan
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  Speaker 3: Bongino resigned over this. I'm not a Dan Bongino fan,
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  Speaker 3: but I believe he's been intellectually honest in this respect.
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  Speaker 3: It is clear something's being hidden, and they're going to
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  Speaker 3: drag their feet as long.
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  Speaker 2: As they can, obviously, And of course that just ends
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  Speaker 2: up raising burning questions like how come Donald Trump campaigned
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  Speaker 2: to releasing the Epstein files and then immediately did one
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  Speaker 2: to eighty after he was elected and said there's no
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  Speaker 2: nothing to see there. I'm sorry, man, I can't abide
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  Speaker 2: by that, whether it's a Republican or Democrat or anybody
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  Speaker 2: else in office. And apparently, as you point out, overwhelmingly
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  Speaker 2: approve the legislation to produce them. This is the first
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  Speaker 2: time I've seen an exercise and bipartisanship along this level
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  Speaker 2: in as far back as I can remember.
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  Speaker 3: Correct, you know, Congressman Massey, in the most divisive partisan
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  Speaker 3: era in modern memory in the congres demonstrated that when
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  Speaker 3: you articulate clearly a value, and when the value resonates
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  Speaker 3: in people's hearts hear the truth, you can achieve a
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  Speaker 3: bipartisan goal. I can't imagine the Congressman Massi's voting record
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  Speaker 3: coincides with Congressman Rowe Kahana Ball, but in this respect,
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  Speaker 3: they achieved a marvelous bipartisan role because they appealed to
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  Speaker 3: people's sense of truth and honesty and fairness. And they
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  Speaker 3: did this in the most radically partisan Congress in recent memories,
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  Speaker 3: Congress so radically partisan that the leadership of each party
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  Speaker 3: doesn't even want to talk to each other.
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  Speaker 2: Well, going back to Congressman Massey's record, he did bring
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  Speaker 2: that up in spy the way Donald Trump might lead
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  Speaker 2: you to believe, calling him, I believe the worst Republican
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  Speaker 2: congressman that exists. Nine percent of his votes went with
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  Speaker 2: the republic Party judge of Politia. So he's got a
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  Speaker 2: sound record. If you just don't look at any one
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  Speaker 2: given piece of legislation or anyone given position, can I
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  Speaker 2: pivot of a real quickly, sir? The oral arguments on
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  Speaker 2: in connection with upholding the transgender sports bans that exist
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  Speaker 2: in a multitude of states, argued yesterday, And in spite
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  Speaker 2: of the fact that I did practice law for quite
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  Speaker 2: a long time, I don't consider myself a constitutional lawyer,
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  Speaker 2: but I will profess in reading not just the entire opinion,
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  Speaker 2: in just reading the summaries of it. A lot of confusion.
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  Speaker 2: Considering that someone calling themselves a sex that they're not
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  Speaker 2: already confuses me. The line of questioning back and forth.
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  Speaker 2: I'm sorry I had a difficult time working my way
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  Speaker 2: through it, even though the general consensus from the legal
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  Speaker 2: experts is the Supreme Court looks like it'll be upholding
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  Speaker 2: the transgender sports bans. Any reaction from what you've read
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  Speaker 2: about the arguments yesterday, Sir, I could.
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  Speaker 3: Not agree with him all you much as much of
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  Speaker 3: what Justice Kavanaugh said was psycho babble out of the
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  Speaker 3: editorial pages of newspapers that have nothing to do, nothing
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  Speaker 3: to do with the law. Even my former debate partner
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  Speaker 3: and longtime friend and Princeton classmate, Justice Alito, I thought,
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  Speaker 3: got off into the weeds. The issue here is the
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  Speaker 3: right of the states to legislate for health and safety
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  Speaker 3: versus the commands of the Congress that the state not
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  Speaker 3: discriminate on the basis of sex. What does that word
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  Speaker 3: mean In nineteen sixty four, when the first of these
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  Speaker 3: statutes was written, and in nineteen seventy two, when the
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  Speaker 3: second of these statutes was written, it meant gender. Today
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  Speaker 3: it has such a broad meaning that it has anything
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  Speaker 3: whatsoever to do with sex. My person I admire most
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  Speaker 3: on the Court was did not tip his hand yesterday.
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  Speaker 3: Justice to Gorsuch he's the one who wrote the opinion
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  Speaker 3: along with the liberals on the Court, applying the Civil
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  Speaker 3: Rights Act of sixty four to LGBTQ, even though the
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  Speaker 3: Senate expressly rejected that in sixty four twice because they
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  Speaker 3: used a word sex, which today means sexuality. So it's
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  Speaker 3: hard to fathom what is meant by this word today
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  Speaker 3: compared to what it was meant by it two generations ago.
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  Speaker 3: But it's pretty clear this will be five to four,
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  Speaker 3: the Chief Justice with the conservatives and Gorsage with the liberals,
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  Speaker 3: upholding the right of the state to protect little girls
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  Speaker 3: from competition by biological boys.
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  Speaker 2: Well, let's hope that common sense prevails. And look how
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  Speaker 2: far we've come. Where you and I would agreed all
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  Speaker 2: day long, as would every single physician on the planet,
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  Speaker 2: that sex is whether you're a male or female, defined
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  Speaker 2: by your chromosomal reality. Boy, we have gone way, way,
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  Speaker 2: way the hell away from that. But that's what was
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  Speaker 2: thought about and discussed when they passed the title nine, right,
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  Speaker 2: that's all they were considering context right.
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  Speaker 3: Then, when they passed the when they passed this stuff
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  Speaker 3: in sixty four and seventy two, the concept of gender
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  Speaker 3: transitioning wasn't even in the wildest imaginations of Ballmaker's much
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  Speaker 3: less doctors.
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  Speaker 2: Reinvent history much in the way they're reinventing the language
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  Speaker 2: and definitions that we use radically, sounding like or well
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  Speaker 2: in the ministry of truth. The judge entered Apolitano. God
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  Speaker 2: bless you, sir. I know the Congressman mass who has
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  Speaker 2: been enjoying the conversation, and I appreciate your support to him,
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  Speaker 2: and he appreciate heates his I know you appreciate his
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  Speaker 2: support of you.
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  Speaker 3: Sir.
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  Speaker 2: We'll have you on next Wednesday. Do it again. God
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  Speaker 2: bless you, and thanks again for your commentary.
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  Speaker 3: Sir. Thank you all the best to Congressman Massy, to
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  Speaker 3: you and to your audience.
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  Speaker 2: Ryan appreciate it much. It's eight forty four right now.
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  Speaker 2: If you have Kersey the talk station