Latest / Brian Thomas / Judge Napolitano - War and Morality

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Judge Napolitano - War and Morality · Brian Thomas

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  Speaker 1: The program provides specialized care for female appletes at all levels.
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  Speaker 1: self serf check. Our next guest is ready for our
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  Speaker 1: opening night for the Yankees tonight and then of course
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  Speaker 1: the Reds tomorrow. I'd go with the ice cream first,
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  Speaker 1: the judges next, Chuck Ingram on fifty five krs Deep
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  Speaker 1: Talk Station.
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  Speaker 2: Eight thirty three fifty five KRSIT Talk station. Wait a minute,
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  Speaker 2: I thought we were supposed to have the first open
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  Speaker 2: today a league baseball. That's tomorrow. Welcome back to the
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  Speaker 2: morning Show, Judge, Enita Poltano, Yankees fan. You are It's
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  Speaker 2: good to have you on today. Open it.
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  Speaker 3: Do you know this is this is really history making.
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  Speaker 3: Hasn't Cincinnati opened the season every year since as far
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  Speaker 3: back as I can remember?
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  Speaker 2: I do believe that is the case. No one is
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  Speaker 2: ever going to rely on Brian Thomas for baseball history
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  Speaker 2: or statistics, but yes, I do believe that is the case.
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  Speaker 2: That's why I was. I was shocked to hear him
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  Speaker 2: say that Yankees opening days this evening right they.
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  Speaker 3: Opened tonight in I don't know what they call it
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  Speaker 3: Candlestick Park anymore, but wherever the San Francisco Giants play,
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  Speaker 3: so it's it's a National League team and it's on
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  Speaker 3: the West Coast.
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  Speaker 2: I am certain that there is some corporate sponsor. Is
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  Speaker 2: no Candlestick. The name Candlestick doesn't generate revenue for a stadium,
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  Speaker 2: so it's probably naming right now.
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  Speaker 4: I think it's named after a bank.
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  Speaker 2: I'm not sure that would shock no one. Hey, look,
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  Speaker 2: pay Course stadium right out there at Cincinnati. Anyway, Judge,
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  Speaker 2: Enita Polton, real quick here, and we don't have to
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  Speaker 2: spend a whole lot of time. I'm on it. If
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  Speaker 2: I'm catching you off guard, but I know you always
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  Speaker 2: pay attention to what's going with the Supreme Court. They
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  Speaker 2: had oral arguments yesterday on the asylum seekers claims that
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  Speaker 2: if you just show up at the border, then you
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  Speaker 2: need to be offered an asylum claim, and it looked
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  Speaker 2: like at least Judge Alito was pushing back on that.
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  Speaker 2: He said, well, do you think someone who comes in
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  Speaker 2: the front to the front door of a house and
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  Speaker 2: knocks at the door has arrived in the house. Because
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  Speaker 2: the law at issue says an illegal or an alien
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  Speaker 2: who is physically present in the United States or who
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  Speaker 2: arrives in the United States may apply for asylum. That
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  Speaker 2: sounds to me straightforward. No, if you're outside of the border,
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  Speaker 2: you're not in the United States. Your reaction just to
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  Speaker 2: my general sort of perception of things.
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  Speaker 4: I think just this leader was right.
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  Speaker 3: I mean, the job of the court is to interpret
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  Speaker 3: the statute and take the plane meaning of the statute.
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  Speaker 3: The Court didn't right the statute. Congress did. If Congress
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  Speaker 3: wanted asylum applicants to make their applications at the border
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  Speaker 3: on the non American side of the border, they would
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  Speaker 3: have said so. The problem is that for fifty years,
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  Speaker 3: presidential administrations of both parties have allowed them to set
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  Speaker 3: foot in the United States so they.
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  Speaker 4: Can make the application.
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  Speaker 3: The first presidential administration to enforce this law literally is
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  Speaker 3: the current one, and that is apparently finding support in
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  Speaker 3: the Supreme Court. I would where I on the Court
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  Speaker 3: have voted consistent with the thoughts expressed by Justice Alito.
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  Speaker 2: Fair enough, all right, the record's been corrected, your honor.
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  Speaker 2: I trust David his word instant message. Reds have not
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  Speaker 2: opened the season in many years, so apparently that has
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  Speaker 2: gone by the way the dodo.
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  Speaker 4: So yeah, right, all right, away from that, I do
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  Speaker 4: I do stand corrected.
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  Speaker 3: I do think whoever that is the totals I gather
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  Speaker 3: whoever that is is a Yankee hater.
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  Speaker 4: And a Reds fan.
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  Speaker 2: I don't think you can reach the former conclusion. But
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  Speaker 2: I assure you he's a Reds fan pivoting over I don't.
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  Speaker 4: Don't the two go together.
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  Speaker 2: Yeah, of course they do. I think we can. We
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  Speaker 2: can assume that if we want to assume something, or
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  Speaker 2: presume it if it sounds better. War and morality. I
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  Speaker 2: thought this was an interesting breakdown, and I really appreciate
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  Speaker 2: the thought you put into your column, which my listeners
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  Speaker 2: can get tonight. I'm lucky to get an early copy
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  Speaker 2: the idea. You break down the start, of course, with history,
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  Speaker 2: but you get into the concept and we're dealing with
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  Speaker 2: the war in Iran, our waging war against iron morality
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  Speaker 2: on one side and law legality on the other. Break
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  Speaker 2: down these concepts so immoral, and of course you suggest
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  Speaker 2: it is immoral. Morality conforms to a universal set of
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  Speaker 2: principles designed to reduce good over evil and justice over
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  Speaker 2: in justin you break that down. I guess my question
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  Speaker 2: is because you're you spring from the proposition this is
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  Speaker 2: immoral by all measures. But if someone is subjectively viewing morality,
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  Speaker 2: because morality can't subjective, I'm spring from a different moral
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  Speaker 2: cust of course.
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  Speaker 4: It can be subjective.
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  Speaker 3: The people who disagree with this column would say, you know,
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  Speaker 3: it's better that five Iranians die now than hundreds of
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  Speaker 3: Americans die later, and that is a moral judgment.
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  Speaker 4: So it's basically, you know, the great philosopher he.
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  Speaker 3: Was at Notre Dame one teaching undergrads and graduate students
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  Speaker 3: when I was a law student. He's no longer with us.
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  Speaker 3: Alistair McIntyre has a great book called Whose Morality? And
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  Speaker 3: that's basically what this this column evokes. I argue, for
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  Speaker 3: a traditional, even Catholic, if you will, natural law morality,
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  Speaker 3: that you need a lot more evidence before you can
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  Speaker 3: kill somebody who's not engaged in violence. And I argue
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  Speaker 3: that the administration has not produced that evidence.
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  Speaker 4: That's strike number one.
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  Speaker 3: Strike number two is the American public has not consented
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  Speaker 3: in any way to allow the President to start a war.
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  Speaker 3: They have consented to the Congress to start a war,
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  Speaker 3: and that's not what happened here. So for both of
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  Speaker 3: those reasons, I argue the war is immoral just by
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  Speaker 3: general standards of violating the people's absence.
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  Speaker 2: Of consent right now. And you point out when we
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  Speaker 2: transgress the natural rights of others, And I appreciate the
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  Speaker 2: concept because you and I both agree that people have
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  Speaker 2: inherent natural rights. Now they may have had those rights
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  Speaker 2: taken away from them by an evil, oppressive government that
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  Speaker 2: they find themselves under release. Our founding fathers recognize these
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  Speaker 2: principles and enshrine them to some degree in the Bill
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  Speaker 2: of Rights. So we buy it's the old idea that
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  Speaker 2: in a state of nature, I can literally do whatever
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  Speaker 2: I want, but when I have to live next to someone,
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  Speaker 2: I can't interfere with their natural rights. That's the intrusion.
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  Speaker 2: That's the wayman. I can't tell you how to live
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  Speaker 2: your life. You can't tell me how to live my life.
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  Speaker 2: And as long as we can play together nicely, not
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  Speaker 2: bother each other, we can live together. We are intruding
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  Speaker 2: on what you would perceive as the natural rights of
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  Speaker 2: the Iranians by bombing them, because they well, they represent
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  Speaker 2: some sort of you know, maybe existential threat theoretically. But
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  Speaker 2: that's the argument that's been put forward, right.
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  Speaker 4: Right, right exactly. You know.
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  Speaker 3: I I sometimes feel like I'm a broken record. But
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  Speaker 3: I thought instead of emphasizing the constitutional issue, I would
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  Speaker 3: approach it from the Jeffersonian viewpoint of the consent of
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  Speaker 3: the governed. That's why it's a very interesting phrase that
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  Speaker 3: Jefferson used. He said that the government.
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  Speaker 4: Derives it's just powers capital jay and just from the
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  Speaker 4: consent of the governed. It has other powers.
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  Speaker 3: That it exercises that it doesn't get from the consent
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  Speaker 3: of the government, and because they don't come from the
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  Speaker 3: consent of the government, they are unjust and the governed
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  Speaker 3: American public has only consented to Congress declaring war.
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  Speaker 4: So that's what I attempted to argue.
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  Speaker 2: An inn of the show well, and I thought it
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  Speaker 2: came through very clearly. There's morality on one side, and
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  Speaker 2: then there's legality, and the Constitution I think embraced that
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  Speaker 2: concept of the people must participate. Congress decides whether or
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  Speaker 2: not we go to war. Congress is a representative form
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  Speaker 2: of government speaking for us. So the argument is that
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  Speaker 2: our representatives have consulted with constituents and they come out
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  Speaker 2: in either favor of or against it, because it's the
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  Speaker 2: will of the people, which provides some legal justification. Some
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  Speaker 2: many including you, are arguing that there is no constitutional
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  Speaker 2: lawful engagement warp this particular time, aside from the morality
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  Speaker 2: of it. And I understand that. And you made another
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  Speaker 2: great point, he said, the ridding the Iran government of
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  Speaker 2: nuclear weapons can be considered a moral goal as and
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  Speaker 2: this is it mere possession and non use of these
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  Speaker 2: weapons is not immoral. Isn't that the found the very
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  Speaker 2: foundation of mutually assured destruction? Isn't this why so many
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  Speaker 2: nations want to acquire a nuclear weapon. We're not going
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  Speaker 2: after the Chinese Communist Party, even though they represent a
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  Speaker 2: broader existential threat to us, because they're fully armed with
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  Speaker 2: nuclear weapons. Same thing with Russia, same thing with the
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  Speaker 2: nut job in North Korea.
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  Speaker 3: Nobody's gonna lag love on him because he's got a
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  Speaker 3: nuclear weapon. If not suggesting that I want Iran to
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  Speaker 3: have a clear weapon, not at all. But if Iran
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  Speaker 3: had a weapon, do you think the United States and
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  Speaker 3: Israel but would be waging this war?
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  Speaker 4: Of course not.
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  Speaker 3: The other argument is if if possession but non use
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  Speaker 3: of the weapon is immoral and justifies an invasion, well
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  Speaker 3: then the invaders can be invaded because Israel and the
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  Speaker 3: US have nuclear weapons.
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  Speaker 4: Israel hasn't used theirs. The United States has used hours.
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  Speaker 2: Yeah, and that's what I like people to really focus on.
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  Speaker 2: You know, it's there is nothing cut and dried in
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  Speaker 2: this world. And I do not want the Iranians get
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  Speaker 2: a nuclear weapon. And the argument is to keep them
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  Speaker 2: from doing it. It's one of those they're just batcrap
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  Speaker 2: crazy to use it offensively. They might drop a bomb
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  Speaker 2: on anybody. They certainly hate Israel and say it out
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  Speaker 2: loud all the time. They want to eradicate them from
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  Speaker 2: the face of the earth, So clearly they will be
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  Speaker 2: the initial target. But would the Iranians use it knowing
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  Speaker 2: full well that maybe Israel's nuclear weapons will be dropped
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  Speaker 2: on Iran.
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  Speaker 3: That that's why this mutual assured destruction has thus far
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  Speaker 3: prevented everybody except Harry Truman. Of course, the Soviets didn't
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  Speaker 3: happen time from using a nuclear weapon.
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  Speaker 2: It predated mutually assured destruction our use of them.
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  Speaker 4: Correct.
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  Speaker 2: It's great thought exercise and I'd love being knowing to
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  Speaker 2: go through this with the Yaron. I feel like I'm
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  Speaker 2: back in law school, man, I really do.
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  Speaker 4: That's the highest compliment you can pay me. Thank you, Brian.
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  Speaker 2: It's always enjoyable and a great exchange. Judge Enital Pulton
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  Speaker 2: will do it next week. I have hope hey enjoy
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  Speaker 2: the game. I wish the Yankees good luck.
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  Speaker 3: Oh well, I'll be asleep by the time that game starts,
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  Speaker 3: but we'll jump to my mobile phone as soon as
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  Speaker 3: I get up at four thirty in the morning to
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  Speaker 3: see what the score was.
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  Speaker 2: You lucky so and so. I have to get up
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  Speaker 2: at two thirty. Always catching up on events late in
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  Speaker 2: the day in the morning. Judgentital Palalton, Real quick judging
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  Speaker 2: Freedom your podcast? Who's Today?
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  Speaker 3: I have the British diplomat Ian proud on why Sir
• 11:32
  Speaker 3: Caure Starmer told President Trump to take a hike. Yesterday
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  Speaker 3: the Great Phil Giraldi, the CIA agent who told George
• 11:41
  Speaker 3: Bush Saddam Hussein has no weapons of mass destruction, and
• 11:44
  Speaker 3: tomorrow the Great General Douglas McGregor.
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  Speaker 2: Thank you for asking, Brian Judge enital Poulton. We'll look
• 11:51
  Speaker 2: for Judging Freedom online where we get our podcasts, and
• 11:53
  Speaker 2: we'll tune in next Wednesday for appointment listening at A
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  Speaker 2: thirty with the Judge. Have a great week serve between
• 11:58
  Speaker 2: now and then. It's eight forty four right now about
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  Speaker 2: KRCD Talk station