Latest / Brian Thomas / Judge Napolitano

Transcript

Judge Napolitano · Brian Thomas

• 0:00
  Speaker 1: Having a bit of turmoil as his Yankees are in
• 0:03
  Speaker 1: second place. Well, maybe they need to get some advice
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  Speaker 1: as he's applied for the job of the games song
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  Speaker 1: to on field success. Well, I hope everything works out.
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  Speaker 1: The Judge's next Chuck Ingram on fifty five KRC, the
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  Speaker 1: talk station.
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  Speaker 2: Liaison for on field success. They've got one of those
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  Speaker 2: over the New York Yankees. The man that Chuck was
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  Speaker 2: referring to is, of course, every Wednesday here in the
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  Speaker 2: fifty five Kersey Morning Show absent vacation, Judge Napolitano, Welcome
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  Speaker 2: back to your honor. It's always a pleasure having you
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  Speaker 2: on my program.
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  Speaker 3: Thank you, Brian, and thank you Chuck.
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  Speaker 4: I'm not sure what you're talking about that he does
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  Speaker 4: much appreciate it.
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  Speaker 2: Nobody knows what the hell he's talking about. It's okay,
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  Speaker 2: you know, it's a bit of levity and an opportunity
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  Speaker 2: for at least a couple of minutes to avoid the
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  Speaker 2: top of your conversation. Another concern. And I know you
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  Speaker 2: are the one champion of the constitution. We can always
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  Speaker 2: count on. Ice wants our emails. Okay, here's the situation.
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  Speaker 2: We talk about this, your honor every Friday. Year in
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  Speaker 2: the fifty five KC Mortary Show got a wonderful segment
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  Speaker 2: called Tech Friday with Dave Hatter, and he always talks
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  Speaker 2: about these Internet of Things devices and all these apps.
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  Speaker 2: What are the apps there for? Why are they free?
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  Speaker 2: They soak up data. That data is then sold to
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  Speaker 2: third parties and they generate income off of it. But
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  Speaker 2: the data collection is done regardless of where you turn.
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  Speaker 2: We've got cell phone providers they hoover up data as well.
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  Speaker 2: So the collection is done by private companies, not the government.
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  Speaker 2: They're allowed to collect the data, and we enter into
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  Speaker 2: the agreement by agreeing to use the app or take
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  Speaker 2: use their service, which we pay for. So there's a
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  Speaker 2: central location for all the data. It's a third party,
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  Speaker 2: it's a private company. HM. The government's not allowed to
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  Speaker 2: collect all this data because of the Fourth Amendment. So
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  Speaker 2: where do they turn. They turn to the companies that
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  Speaker 2: are sitting on it. They set a subpoena over there,
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  Speaker 2: and companies who are and I think this is the problem.
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  Speaker 2: Companies who are regulated by the government and taxed by
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  Speaker 2: the government feel an obvious concern in the need to
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  Speaker 2: capitulate and turn the information over even if they're not
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  Speaker 2: obligated legally to do it. This is a concern, and
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  Speaker 2: you mentioned it's going on with ICE and the emails.
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  Speaker 4: You're exactly right, Brian, You're exactly right. The digital aspects
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  Speaker 4: of this can get very complex, as can the constitutional aspects,
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  Speaker 4: but the human aspects are what I'm concerned about. Can
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  Speaker 4: the government start an investigation based on speech. The answer
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  Speaker 4: to that is no, it cannot. It can only start
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  Speaker 4: an investigation based on crime, and ICE does not investigate crimes.
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  Speaker 4: The FBI is the investigative authority of the federal government
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  Speaker 4: for crimes, so ICE wants to become another FBI. It
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  Speaker 4: doesn't have prosecutors, so it can't go to federal judges
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  Speaker 4: and get search warrants. It doesn't have prosecutors, so it
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  Speaker 4: can't summon grand juries to commencemal investigations. So it issues
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  Speaker 4: these bland, nebulous things called administrative subpoenas, and some of
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  Speaker 4: the internet and telecom service providers, because they're afraid of ICE,
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  Speaker 4: or afraid of ICE's boss, the federal government, or they
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  Speaker 4: want business from ICE or business from ICE's boss the
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  Speaker 4: federal government, comply with these administrative subpoenas. They are legally
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  Speaker 4: meaningless in this context. So if the Federal Reserve wants
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  Speaker 4: to know why a deposit a Chase Manhattan Bank for
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  Speaker 4: ten million dollars this is hypothetical made on a Monday,
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  Speaker 4: wasn't credited to the account until Wednesday, that's a legitimate inquiry.
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  Speaker 4: And the Federal Reserve can send an administrative subpoena to
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  Speaker 4: Chase asking for the records of that deposit and it's
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  Speaker 4: being credited. That happens every day. It happens many times
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  Speaker 4: a day. Why because Chase is regulated by the federal
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  Speaker 4: But if the Department of Homeland Security wants to know
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  Speaker 4: who Brian Thomas and Andrew Neapolitano were talking to or
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  Speaker 4: what they were talking about when they were privately blasting
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  Speaker 4: Ice for being thugs in the streets, can ICE start
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  Speaker 4: an investigation of that? Absolutely not. Can ICE acquire data
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  Speaker 4: about that conversation from an administrative subpoena? Absolutely not, because
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  Speaker 4: the administrative subpoena is legally meaningless.
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  Speaker 3: If there were a real.
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  Speaker 4: Criminal investigation, they'd have a real search warrant and they
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  Speaker 4: could get whatever they want. But there is no criminal investigation.
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  Speaker 4: No judge would grant a search warrant based on speech.
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  Speaker 4: Since my point, well of the article, that Americans need
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  Speaker 4: to be aware of this, what business is it of
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  Speaker 4: immigration and customs enforcement?
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  Speaker 3: What you and I say to each other in our texts.
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  Speaker 2: Well, I'm shocked that they're even concerned about that when
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  Speaker 2: we live in a country with free speech. You know,
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  Speaker 2: we've talked about free speech many times, many many times over.
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  Speaker 2: But that is just you and I engaging in a
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  Speaker 2: subjective conclusion about what Ice is or is not. These
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  Speaker 2: kind of conversations happen, I mean, all across this land
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  Speaker 2: each and every day, thousands and thousands of them. To
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  Speaker 2: what end would they even care about that, Judge Enna Polaitano,
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  Speaker 2: I don't know.
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  Speaker 4: I think from their perspective, they might be worried.
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  Speaker 3: I'll use you and me as an example.
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  Speaker 4: Say I lived in Cincinnati and say Ice was about
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  Speaker 4: to descend on a certain neighborhood. I think they want
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  Speaker 4: to know in advance what the resistance is planning, how
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  Speaker 4: many people are going to be there, is it likely
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  Speaker 4: to get violent, or are they people who will be
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  Speaker 4: demonstrating lawful carriers of weapons. That is probably what they're
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  Speaker 4: looking for. Unfortunately, the First Amendment and the Fourth Amendment
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  Speaker 4: insulate us from their rapacious thirst for what we're saying
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  Speaker 4: to each other.
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  Speaker 2: Well, we have the freedom of assembly also guaranteed in
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  Speaker 2: the Constitution. So whether or not anybody listening is objects
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  Speaker 2: to people protesting ICE or interfering with ICE, maybe the
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  Speaker 2: embrace ICE and want them to do their job. It
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  Speaker 2: doesn't matter. If you are going to be somewhere and
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  Speaker 2: there is public information generally out in the world, and
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  Speaker 2: that's where people figure out where ICE is going to be,
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  Speaker 2: and they choose to assemble at that location, they're allowed
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  Speaker 2: to do it. And I guess ICE, from my perspective,
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  Speaker 2: I should just anticipate ahead of time that, well, we
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  Speaker 2: have a Second Amendment right in this country, so we
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  Speaker 2: can expect in any group of people in a public space,
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  Speaker 2: they are going to be firearms. And of course, since
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  Speaker 2: there's so many protesters out there hating what we are doing,
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  Speaker 2: that we should expect they are going to be protests there.
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  Speaker 2: I just plan accordingly based.
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  Speaker 3: On that agreed.
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  Speaker 4: Agreed, But you know, the government has an insatiable appetite
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  Speaker 4: to know what we're doing, what we're saying, what we're thinking,
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  Speaker 4: and it just doesn't care.
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  Speaker 3: About the Constitution.
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  Speaker 4: I wish the courts would strike down these administrative subpoenas.
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  Speaker 4: And I wish the courts would keep ICE in check. Hey,
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  Speaker 4: Alex pretty the nurse shot six times in the back
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  Speaker 4: by two ICE agents and murdered on the streets. How
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  Speaker 4: many people who have been prosecuted for that? Short answer
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  Speaker 4: is too actually follow demonstrators, not the ICE killers.
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  Speaker 2: That is true, But you know, Ashley Babbitt got gunned
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  Speaker 2: down and there was no eminent action, eminent apprehension to
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  Speaker 2: grieve his bodily harm or death at that officer who
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  Speaker 2: killed her exposed or was exposed to. But nonetheless, I
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  Speaker 2: don't think there was any prosecutions for her murder either.
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  Speaker 2: In that January sixth.
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  Speaker 3: There was none. There was none. He may have even
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  Speaker 3: gotten a promotion of some sort.
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  Speaker 4: There was no prosecution for the murder of Ashley Bebbott.
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  Speaker 4: I do believe. Well, here's what the government did. It
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  Speaker 4: settled the case. I don't know what the payment was.
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  Speaker 4: It was a large payout, a wrongful death case, but
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  Speaker 4: no no criminal prosecution.
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  Speaker 3: ICE is dangerous, and.
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  Speaker 4: They're becoming more and more dangerous every day. How many
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  Speaker 4: American citizens do they stop? Well, if they stopped you
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  Speaker 4: or me, I mean, I'm carrying my passport with you
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  Speaker 4: with me. I don't know if you do. I have
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  Speaker 4: a driver's license, but that just says that the state
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  Speaker 4: of New Jersey authorizes me to drive. It doesn't say
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  Speaker 4: I'm an American citizen. Justice Kavanaugh is now being mocked
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  Speaker 4: in the Legal and Judicial Committee by a new thing
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  Speaker 4: called the Kavanaugh Stop because he said in one of
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  Speaker 4: his concurrences, Oh, what's the big deal. If they stop you,
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  Speaker 4: it's only a two or three minute conversation before they
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  Speaker 4: realize you're an American citizen. Hey, Justice Cavanaugh, this isn't
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  Speaker 4: the Old East Germany. They can't stop us on a whim.
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  Speaker 4: This is a free country.
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  Speaker 2: Justice Cavanaugh, give me up papers very quickly. Since you
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  Speaker 2: and I talked about flock cameras and you're in, you're
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  Speaker 2: on the mind, and so many people are that they're
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  Speaker 2: an intrusion to our privacy, I had just I want
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  Speaker 2: to get your quick reaction on this because I read
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  Speaker 2: this article earlier, and I saw it earlier. Amazon expanding
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  Speaker 2: its drone delivery, so we're gonna we are on the
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  Speaker 2: moment in time, we're gonna have drones literally everywhere. They're
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  Speaker 2: gonna spand delivery of five pound packages across five hundred
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  Speaker 2: US cities. Walmart's doing the same thing. So you can
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  Speaker 2: see a future where drones are flying around, Judge edit
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  Speaker 2: of Paul Tano. I submit that every damn one of
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  Speaker 2: those is going to have a camera on it. How
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  Speaker 2: else can they know that the package was successfully delivered?
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  Speaker 1: Right?
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  Speaker 2: That is another component of data. You think flock cameras
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  Speaker 2: are bad, there's one hundred and twenty thousand of them
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  Speaker 2: around this country. You're gonna have thousands of drones flying
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  Speaker 2: around with camera, photographic evidence and data. That's another data point.
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  Speaker 2: Did of course, could be subpoena by the government.
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  Speaker 3: Right, what remains of the right to be left alone? Brian?
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  Speaker 2: We can lead it very little on that rhetorical note.
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  Speaker 2: Judge Innapolitano, Judging Freedom is his his podcast every single week.
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  Speaker 2: You should listen to it. Get wherever you get your
• 10:16
  Speaker 2: podcasts Standard Wednesday Long.
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  Speaker 3: The Cincinnati Red's doing.
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  Speaker 2: I haven't been paying attention last I get it.
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  Speaker 3: I guess I get the answer.
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  Speaker 2: Well, the answer maybe because Joe strekkerd just timed in
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  Speaker 2: last place, So you are not. They pose no threat
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  Speaker 2: to your favorite team, Judge and Politano. Who's on the
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  Speaker 2: show today, Your honor.
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  Speaker 4: Aaron Monte, Colonel Larry Wilkerson, and Phil Gerald, the Colonel
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  Speaker 4: Douglas McGregor tomorrow.
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  Speaker 3: My podcast is a gift to me. It's just taking.
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  Speaker 4: Off nationally and internationally, and I'm deeply grateful for everybody
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  Speaker 4: that watches.
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  Speaker 2: Well, I'm grateful that you're doing it. We need this
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  Speaker 2: voice of sound, logic and reason and some one who's
• 11:00
  Speaker 2: going to be around to protect the constitution. They got
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  Speaker 2: rid of Thomas Massey your on her?
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  Speaker 3: Yeah, how is Thomas? Do you hear from him?
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  Speaker 2: We haven't heard from here in the morning show. The collective.
• 11:09
  Speaker 2: We that Joe Strucker, me and my listening audience, hopefully.
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  Speaker 2: I at one point I thought he might come on
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  Speaker 2: the program to talk about the aftermath of that defeat,
• 11:16
  Speaker 2: But no word from him of late. I might have
• 11:19
  Speaker 2: to reach out to him later today and check on
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  Speaker 2: him because it's been a long time.
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  Speaker 4: Wouldn't it be nice if he was appointed to replace
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  Speaker 4: the ailing Mitch McConnell.
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  Speaker 2: Oh wow, don't even get me started. And where is
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  Speaker 2: Mitch McConnell.
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  Speaker 4: Judge and Governor Basher like him or not? Is right
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  Speaker 4: on the mark to say, I have written to him
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  Speaker 4: five times and I haven't gotten that answer.
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  Speaker 2: I agree, and I made a note of that on
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  Speaker 2: the fifty five care Signing Morning Show. No fan of
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  Speaker 2: Governor Basheer is Brian Thomas, but yes, an excellent point
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  Speaker 2: made this silent Maybe maybe.
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  Speaker 3: The Senate will give Rand Paul two votes.
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  Speaker 2: Oh there's a positive note. Judge Edna paula Tana will
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  Speaker 2: do this next Wednesday between them, and then keep up
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  Speaker 2: the great work and check out his podcast Judging Freedom.
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  Speaker 2: Thank you, brand all the best, Love you brother. Eight
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  Speaker 2: forty two fifty five Case the talk station don't