Latest / Brian Thomas / Judge Napolitano - The Trump Surveillance State

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Judge Napolitano - The Trump Surveillance State · Brian Thomas

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  Speaker 1: His National Shrimps campy day. So why not right now,
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  Speaker 1: add a little butter with angel hair pasta and some
• 0:08
  Speaker 1: sour dough bread and more butter and maybe some fresh greens,
• 0:13
  Speaker 1: and we sit back and we have dinner with the
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  Speaker 1: Judge Chuck Ingram on fifty five krs the talk station.
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  Speaker 2: A thirty two that concepts on Judge Enita Polatana's wish
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  Speaker 2: list Ingram the Politano Thomas sitting down breaking bread over
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  Speaker 2: a wonderful meal. Welcome back, Judge Ennita Polaton. It's always
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  Speaker 2: a pleasure having a fifty five KRC morning show, my friend.
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  Speaker 3: Thank you, Brian, A pleasure to be here, and thank
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  Speaker 3: mister Ingram for the invitation, which I happily accept.
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  Speaker 2: There you go, and you know I do too. And
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  Speaker 2: now it's a question of logistics. Real quick. I thought
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  Speaker 2: he was actually going to bring up the fact that
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  Speaker 2: Yankees fans got beaten up by Rangers fans the other
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  Speaker 2: day at a baseball game. But move away from.
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  Speaker 3: That, and was that I didn't didn't know about?
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  Speaker 2: Oh yeah, just a spew between a handful of people
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  Speaker 2: just yelled at each other. You know, fans can be
• 1:02
  Speaker 2: fans from time to time. It looked more like a
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  Speaker 2: European soccer brawl than a baseball game. But anyhow, I
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  Speaker 2: was so pleased to read your column last yesterday when
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  Speaker 2: I got to the Trump surveilling States, because you start
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  Speaker 2: off with the FIZA discussion, which we've had many times before,
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  Speaker 2: in view of the Fourth Amendment and the constitutional reality
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  Speaker 2: behind it and what our framers thought, and this idea
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  Speaker 2: of general warrant. It's expiring tomorrow, isn't it.
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  Speaker 3: Yes, the Section seven oh two expires tomorrow. I don't
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  Speaker 3: think they have an agreement, and they'll probably extend it.
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  Speaker 3: That the statute itself says, and this is the most
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  Speaker 3: unique statute in the world for saying this. Even if
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  Speaker 3: it expires, the authorities still exist for another fourteen days.
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  Speaker 3: That's actually in the statute itself. I don't know if
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  Speaker 3: members of Congress are aware of that, but the members
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  Speaker 3: of Congress who complained that Jack Smith, the Special Press
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  Speaker 3: Secure investigating President Trump, surveilled them, should think twice about
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  Speaker 3: the legislation they enact, because all he did was use
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  Speaker 3: the powers that Congress gave him, one of which is.
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  Speaker 2: This general warrant. Pivoting over to Okello Chatrie, I think
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  Speaker 2: it pronounced his last name correctly. Because now we have
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  Speaker 2: modern technology running headlong into your ami protections that are
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  Speaker 2: afforded under the Fourth Amendment, the right to be free
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  Speaker 2: of unreasonable search and caesars and the obligation of the
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  Speaker 2: government to get a search warrant based on probable cause.
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  Speaker 2: There is no probable cause when you geo fence an
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  Speaker 2: entire region of the area and ask for the infra
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  Speaker 2: data for every single cell phone that was out there
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  Speaker 2: at a given location. That's exactly what they did to
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  Speaker 2: Akello Chartres, although he was guilty, but it's the mechanism
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  Speaker 2: by which they found him that's objectionable.
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  Speaker 3: And you know they had enough evidence of his guilt
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  Speaker 3: without having to assault the Fourth Amendment like this. So
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  Speaker 3: here's what's happened. A guy a bank, the police ask
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  Speaker 3: Google for all the ping pig information surrounding the bank
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  Speaker 3: at the time and on the day of the robbery.
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  Speaker 3: What's the ping information? That's the information given out of
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  Speaker 3: your mobile device showing Google, not the government, Google, where
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  Speaker 3: you are.
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  Speaker 2: Thousands of people, right, I mean, in any given day
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  Speaker 2: near that bank, there could have been thousands and thousands
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  Speaker 2: of individual cell phones going.
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  Speaker 3: By correct correct, So the government talked a judge, not
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  Speaker 3: a federal judge, a state judge to sign a warrant
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  Speaker 3: directing Google to reveal all of the cell phones in
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  Speaker 3: the area. Now that is an illegal warrant, because that's
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  Speaker 3: a general warrant. We're just going to search this database
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  Speaker 3: and see what we find. The Fourth Amendment requires warrants
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  Speaker 3: be based on probable cause of crime and specifically describe
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  Speaker 3: the place to be searched and the persons are things
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  Speaker 3: to be seized. Google complied. Then they said, okay, we
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  Speaker 3: found these thirteen cell phones mysteriously hovering around the bank
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  Speaker 3: at this hour. Tell us who has them. A second warrant.
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  Speaker 3: Google complied. Then they said, okay, we think there are
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  Speaker 3: three of these. We got to raid their houses. A
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  Speaker 3: third warrant to raid the houses of these people. Google
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  Speaker 3: complied by giving the name and location of the homeowners
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  Speaker 3: who had these cell phones. Of course, they knocked down
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  Speaker 3: the door of this guy's house and they found the
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  Speaker 3: cash that he stole, and they arrested him and convicted him.
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  Speaker 3: They had all kinds of other evidence for him. The
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  Speaker 3: question is can the government get can judges issue general warrants,
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  Speaker 3: warrants that say, look, where are you want and sees
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  Speaker 3: whatever you find without specifically describing the place to be
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  Speaker 3: searched or the person or thing to be seized, as
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  Speaker 3: the Fourth Amendment.
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  Speaker 2: Require, And being around a bank is not That does
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  Speaker 2: not give rise to probable cause that you were a
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  Speaker 2: bank robber correct Soregate. They get from being around a
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  Speaker 2: bank with a general one all the way to the
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  Speaker 2: specific identity of the three how the three individuals they
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  Speaker 2: found the guy. The argument from the government is that
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  Speaker 2: what because you didn't turn off your location information, that
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  Speaker 2: you have given up your right to be to a
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  Speaker 2: fourth correct brober?
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  Speaker 3: Who the hell knows about turning off your location information.
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  Speaker 3: If the Supreme Court goes along with this, this will
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  Speaker 3: radically alter fifty or sixty years of jurisprudence. The government
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  Speaker 3: actually argued that it can use these general warrants. This
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  Speaker 3: is the first time in history that the government has
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  Speaker 3: made this argument, because before the Trumpett Ministry or governments liberal, conservative, progressive, libertarian,
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  Speaker 3: whatever you want to call them, recognize that if the
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  Speaker 3: Fourth Amendment did anything, it invalidated the use of general warrants.
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  Speaker 3: General warrants are what the British use to break down
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  Speaker 3: the doors of colonial homes general warrants of the whole
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  Speaker 3: reason we have a Fourth Amendment. If the Fourth Amendment
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  Speaker 3: did anything it was to eradicate general warrants. For the
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  Speaker 3: government to claim that they're still around is one of
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  Speaker 3: the most anti American arguments the government has ever made.
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  Speaker 3: But it was made with a straight face in the
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  Speaker 3: Supreme Court on Monday, which is what prompted me to
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  Speaker 3: write this. I can't predict how it's going to go.
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  Speaker 3: The leading case here called Carpenter involving the use of
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  Speaker 3: a tracking device surreptitiously put on somebody's vehicle five to
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  Speaker 3: four decision saying that this was an illegal search. Was
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  Speaker 3: written by Chief Justice John Roberts. If he's changed this
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  Speaker 3: mind or not. His kind of questions from the bench
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  Speaker 3: where did not give a clue as to how he
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  Speaker 3: feels about this.
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  Speaker 2: So we should expect a ruling sometime this summer, I
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  Speaker 2: guess by all accounts.
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  Speaker 3: I think we'll expect a ruling in this in June.
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  Speaker 3: Mister Chattery pleaded guilty but reserved the right to challenge
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  Speaker 3: the suppression. If they suppress this evidence, then the guilty
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  Speaker 3: plea is vacated and he can still be tried, but
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  Speaker 3: not on the basis of what they found in his house.
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  Speaker 2: And that is typically they suppress evidence that is the
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  Speaker 2: fruit of an unreason or rather an unlawful search in seizure.
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  Speaker 2: So it makes perfect sense, as you always do, Judge
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  Speaker 2: Ana Palatono, I'm on your side on this and I
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  Speaker 2: got my popcorn out waiting for that decision. I hope
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  Speaker 2: they go the right way and support the Fourth Amendment
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  Speaker 2: in the understanding and the foundation upon which there is
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  Speaker 2: no general warrant allowance here in the United States. Judgenita
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  Speaker 2: Polatano Judging Freedom is his podcast. Who are you talking
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  Speaker 2: to today, Judge Enna Poaltano.
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  Speaker 3: I have a professor, Muhammed Mirandi who teaches at the
• 7:59
  Speaker 3: University of Tehran, born in Alexandria, Virginia, and is a
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  Speaker 3: member of the Iranian negotiating team with the Americans. When
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  Speaker 3: there are negotiations, He'll be on with me. Pepe Escobar
• 8:13
  Speaker 3: will be on with me from Thailand. And the Great
• 8:16
  Speaker 3: Phil Giraldi. Phil is the former CIA who told President
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  Speaker 3: Bush that Saddam Hussein did not have weapons of mass destruction.
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  Speaker 3: Bush threw him out of the Oval office and Phil resigned.
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  Speaker 2: You always make a point of reminding my listeners of
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  Speaker 2: that which I appreciate. JUDGENTA. Paul Todt will be listening
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  Speaker 2: judging freedom, and we'll looking forward to another session with
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  Speaker 2: you here on the fifty five KRC Morning Show next Wednesday.
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  Speaker 2: God love you man, have a great week.
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  Speaker 3: Thank you all the best. Bye bye.
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  Speaker 2: Eight forty fifty five cars the talk station. My son Malier,
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  Speaker 2: friend Keegan Corgan from a mission wine