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Judge Napolitano - Does the US Still Have a Constitution · Brian Thomas

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  Speaker 1: Open again. Well, it is National Homemade Soup Day and
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  Speaker 1: if you go to our next guest website, in addition
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  Speaker 1: to his podcast, you'll also get great recipes for chicken
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  Speaker 1: noodle and vegetable soups. Well that may not be true,
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  Speaker 1: but it's a great idea. The podcast is good anyway.
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  Speaker 1: The judges next, Chuck Ingram on fifty five krs The
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  Speaker 1: Talk Station.
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  Speaker 2: Hey, thirty one, fifty five krs the Talk Station. Of
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  Speaker 2: course you're talking about Judge Enninapoulatana, who we are blessed
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  Speaker 2: to have every Wednesday at this time here in the
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  Speaker 2: fifty five kr S Morning Show. Welcome back, Judge Enna Polatana.
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  Speaker 2: Sorry the video is not working, but at least we
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  Speaker 2: get the joy of hearing you and your thoughtful legal analysis.
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  Speaker 2: Good to have you on the show, mat Wow.
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  Speaker 3: The joy for me is interacting with you and your
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  Speaker 3: audience and listening to Ingram's intros I know which I
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  Speaker 3: am deeply and profoundly grateful.
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  Speaker 2: You are the only one who gets a custom traffic report.
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  Speaker 2: I have to double down on that. Can I ask
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  Speaker 2: you before we dive into the topic today, how many
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  Speaker 2: years have you and I been doing this?
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  Speaker 3: Oh? God, I don't know, Brian, it's.
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  Speaker 2: More than a decade, isn't it.
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  Speaker 3: It is It is more than a decade. It goes
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  Speaker 3: back to when I was at Fox full time and
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  Speaker 3: I left there and well I left there in COVID
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  Speaker 3: so around twenty twenty twenty. Wow.
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  Speaker 2: Yeah, wow, Well I've enjoyed every bit of it.
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  Speaker 3: Great friendship it is. When was that speech that I
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  Speaker 3: gave that you were in the MC in a suburb
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  Speaker 3: brand outside of Cincinnati. You remember that that was northern Kentucky.
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  Speaker 2: It was I think it was a Northern Kentucky Republican
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  Speaker 2: function or something along those lines. But yeah, that's that's
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  Speaker 2: the first time we met face to face, and that
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  Speaker 2: was like instant friendship. I just anyway, it's I wanted
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  Speaker 2: to just remind you how much of a joy it
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  Speaker 2: is for me to have you on. I've learned so
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  Speaker 2: much from you, and you have provided, you know, a
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  Speaker 2: springboard for people to be far more thoughtful about our
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  Speaker 2: constitutional rights than the otherwise i'd be because, of course,
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  Speaker 2: people in elected capacity on both sides of the political
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  Speaker 2: ledgers seem to have thrown the Constitution out the window.
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  Speaker 2: Had a conversation, yesually with retired lieutenant Colonel Daniel Davis,
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  Speaker 2: who does war analysis, and it's called a Daniel Davis
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  Speaker 2: deep dive. And I closed out my discussion with him
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  Speaker 2: talking about Iran and the impending launching of missiles, and
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  Speaker 2: I said, Daniel Davis, doesn't the Constitution require some congressional
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  Speaker 2: approval if we're going to start entering into a combat
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  Speaker 2: with foreign nations against whom we have no declaration of war?
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  Speaker 2: And of course he concurred with me. I said, well
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  Speaker 2: that makes you me, judge, editor Poulaitano, Congressmomassy, and Ran Paul,
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  Speaker 2: the rest of us, Well, I guess we just ignore
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  Speaker 2: the constitution, right, And.
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  Speaker 3: That, of course brings us to what my column tomorrow
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  Speaker 3: asks is do we still have a constitution? Yes? The
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  Speaker 3: answer is formally yes, functionally no. Functionally, the government does
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  Speaker 3: what it wants, whether it's snooping on us, whether it's
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  Speaker 3: killing people in the street in Minneapolis, or whether it's
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  Speaker 3: starting a war, a waging war without a congressional declaration.
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  Speaker 3: It's really remarkable. The column does its best in a
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  Speaker 3: thousand words or a fewer to trace the erosion of
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  Speaker 3: basic constitutional principles. All three branches of government are culpable.
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  Speaker 3: The Congress for writing laws and leash and the executive.
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  Speaker 3: The executive are taking more power than the Constitution authorizes,
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  Speaker 3: and the judicial for being cowed by the other two branches.
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  Speaker 3: And I attempt to lay that out focusing on the
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  Speaker 3: two tragedy, tragic killings in Minneapolis. Whatever you think of Ice,
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  Speaker 3: whatever you think of the aggressive enforcement of immigration law,
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  Speaker 3: there was no basis for federal agents to kill either
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  Speaker 3: of those Americans. And that's the point I'm trying to
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  Speaker 3: drive home. The bigger point is constitution is almost a
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  Speaker 3: jill when I say do we still have a Constitution?
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  Speaker 3: At a cocktail party or some informal gathering people less
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  Speaker 3: like Judge. There's only a handful of you who think
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  Speaker 3: we still have the Constitution, And you just named Brian.
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  Speaker 2: I know, well, I guess we're just old fashioned, Judgental
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  Speaker 2: Paul Tunis. Since it is the supreme wall of the land,
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  Speaker 2: I feel pretty damn confident in my position on it.
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  Speaker 3: It's more than old fashioned. I mean, the purpose of
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  Speaker 3: the Constitution is twofold. One is to constitute to establish
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  Speaker 3: the federal government, and the other is to restrain it.
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  Speaker 3: So in establishing the government, the Constitution that's succeeded beyond
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  Speaker 3: its wildest imaginings in restraining it. It's been a dismal failure.
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  Speaker 3: The federal government recognizes next to no restraints on its power.
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  Speaker 3: Every president has taken and exercised more power than his predecessors.
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  Speaker 3: This is almost without exception.
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  Speaker 2: Oh, clearly, yeah, I mean it's not difficult. I don't
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  Speaker 2: care what political stripe anyone is. You can certainly see
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  Speaker 2: that expansion of executive power grow over the years. Now
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  Speaker 2: real quick here, it's important because one of the reasons
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  Speaker 2: they didn't vote yesterday on Department of Homeland Security funding
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  Speaker 2: because of this ICE situation. The Democrats are asking for
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  Speaker 2: boiled down like three things. They want them to prevent
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  Speaker 2: them from wearing masks, they want them to wear body cameras,
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  Speaker 2: and the third one is where you explain in the column.
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  Speaker 2: I think it's an important thing to talk about. What
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  Speaker 2: is an administrative warrant versus a judicial warrant. The Democrats
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  Speaker 2: are demanding that ICE must have a judicial warrant when
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  Speaker 2: they're out picking up the identified illegal immigrants. You did
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  Speaker 2: talk about this. Where did the administrative warrant come from?
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  Speaker 2: Judge Ednitapolatano.
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  Speaker 3: Well, the administrative warrant was enacted by Congress and the
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  Speaker 3: Truman administration to address civil walms. So in those days,
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  Speaker 3: if you overstayed an immigration visa, it wasn't a it
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  Speaker 3: was a civil wrong, and the government would find you
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  Speaker 3: and say, you know what, you better reapply or you
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  Speaker 3: better leave. Because the administrative warrant let them find these people.
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  Speaker 3: Didn't let them go into people's homes. It didn't let
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  Speaker 3: them snoop on the phone. It didn't let them drag
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  Speaker 3: people out of their homes in the middle of the
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  Speaker 3: night in their underwear and put them in a car.
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  Speaker 3: It didn't let them stop people on the street. When
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  Speaker 3: overstaying your visa or any violation of immigration law became
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  Speaker 3: a crime, the FED continued to use these administrative warrants
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  Speaker 3: as if they were a judicial warrant. So, an administrative
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  Speaker 3: warrant is a piece of paper in which one ICE agent,
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  Speaker 3: usually a supervisor, authorizes the bearer of the paper, any
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  Speaker 3: other ICE paper, any other ICE person or agents to
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  Speaker 3: arrest people. Now, it wouldn't say go arrest Brian Tuns.
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  Speaker 3: It would they go to such and such a car
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  Speaker 3: wash and look for people who aren't speaking English and
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  Speaker 3: arrest them. Now that is nowhere near what the Constitution requires,
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  Speaker 3: which is a probable cause of crime and b specifically
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  Speaker 3: identifying the place to be searched for the person or
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  Speaker 3: persons or things to be seized. These administrative warrants are
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  Speaker 3: lagrant violations of the Constitution. Some federal courts have upheld them.
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  Speaker 3: They have never made their way to the Supreme Court
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  Speaker 3: because the government is terrified that the Supreme Court will
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  Speaker 3: invalidate them. So this is the profound, profound violation of
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  Speaker 3: fundamental liberties, where one ice agent authorizes another to arrest
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  Speaker 3: people without naming them based on where they are and
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  Speaker 3: how they sound.
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  Speaker 2: Well, if someone kicks in mind door pursuing to a
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  Speaker 2: warrant that was not based on probable cause, I can
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  Speaker 2: go into court and you know, motion to suppress whatever
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  Speaker 2: evidence of a crime they think they found. When the
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  Speaker 2: exercise when they serve the unconstitutional warrant or the probable
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  Speaker 2: cause free warrant. Is there any judicial remedy to go
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  Speaker 2: into court and attack the administrative warrant, your honor.
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  Speaker 3: The administrative warrants should be attacked. They have not been
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  Speaker 3: attacked primarily because these people are shipped away. You know,
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  Speaker 3: they break down a door and arrest them. But a
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  Speaker 3: twenty four hours later they're in Texas. They're not in
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  Speaker 3: a position to file any complaint. Now, some complaints have
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  Speaker 3: been filed, most of them are alleging technical violations of
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  Speaker 3: the immigration law. But nobody that I know of has
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  Speaker 3: filed a complaint challenging the constitutionality of an administrative warrant.
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  Speaker 3: Idea that somebody can be arrested on a standard lower
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  Speaker 3: than probable cause because they're not American defies the very
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  Speaker 3: wording of the Fourth Amendment, which protects in one place
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  Speaker 3: all people and then another place all persons. It doesn't
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  Speaker 3: say Americans, it says persons.
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  Speaker 2: Yeah, this is an argument you have made many, many
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  Speaker 2: times over the years with regarding extens.
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  Speaker 3: This is an argument that gets under the skin of
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  Speaker 3: a lot of people that otherwise agree with you and
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  Speaker 3: me on political matters, who are of the belief that
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  Speaker 3: the Constitution does not protect foreign person to protect everybody
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  Speaker 3: that's here. Obviously when they wrote it, they didn't intend
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  Speaker 3: for it to protect slaves or Native Americans. But if
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  Speaker 3: you were French and you came to the United States
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  Speaker 3: and you bought a farm, you're protected by a fifth
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  Speaker 3: Amendment and the Fourth Amendment in seventeen ninety one.
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  Speaker 2: Some of the opposition to requiring a judicial warrant is
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  Speaker 2: the idea that you actually have to go in front
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  Speaker 2: of a judge who and present probable cause. I'm going
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  Speaker 2: to guess and just spring from the proposition that probable
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  Speaker 2: cause might not be that difficult if they have records
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  Speaker 2: documenting improving it's an illegal immigrant that that person, let's say,
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  Speaker 2: is locked up in jail and committed to crime. Whatever
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  Speaker 2: the basis for it, whatever would serve as probable cost.
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  Speaker 2: They could probably do it. But I think the pushback
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  Speaker 2: is that it's going to bog down the courts, which
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  Speaker 2: isn't really an argument when it comes to constitutional principles.
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  Speaker 3: No, not at all. The Constitution is an intentional obstacle
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  Speaker 3: to the government. If we learned anything in the Minneapolis
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  Speaker 3: Maelstrom it is that the government cannot be relied on
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  Speaker 3: to follow constitutional principles. And Madison knew that, which is
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  Speaker 3: why he inserted the judiciary between the government and it's targets.
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  Speaker 3: It's slow, it's cumbersome, but it guarantees human freedom. It's
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  Speaker 3: because the basic principle of the Constitution is that the
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  Speaker 3: individual is sovereign and not the state. The individual has
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  Speaker 3: natural rights and the government only has the authority that
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  Speaker 3: we have consented for it to have. Yes, sir, that's
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  Speaker 3: pretty basic.
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  Speaker 2: Brian takes us right back to the Constitution, most notably
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  Speaker 2: the Bill of Rights. See judging Thepolitano just spelling out
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  Speaker 2: for us. People may feel feel free to disagree, but
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  Speaker 2: I would argue that at least you have the law
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  Speaker 2: on your side on this, would judge the Politano judging
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  Speaker 2: freedom someone else.
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  Speaker 3: I have to say a word for our friend, Congressman
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  Speaker 3: Thomas Massey, who day after day after day manifests a
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  Speaker 3: profound understanding of the Constitution and a profound sense of
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  Speaker 3: personal courage, notwithstanding the horrible statements made about him and
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  Speaker 3: his wife, I know the United States. When the President
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  Speaker 3: of the United States to attack his wife, who is
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  Speaker 3: as libertarian as I am, it's just absolutely plain wrong,
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  Speaker 3: tasteless and offensive and not presidential. It's not gonna It's
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  Speaker 3: not going to shape. Congressman Massey one this because he
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  Speaker 3: is imbued with greatness and strength and backbone that are
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  Speaker 3: alien to the Oval office.
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  Speaker 2: Indeed, you know both sides of the political spectrum. On
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  Speaker 2: top of that Judging and Up all the time and
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  Speaker 2: Judging Freedom is your podcast? Are you going to be
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  Speaker 2: speaking with today the.
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  Speaker 3: Great Colonel Douglas McGregor about how dangerous this flirtation with
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  Speaker 3: war in Iran truly is. How of the President's advisors
• 12:50
  Speaker 3: would listen to the Colonel McGregor. He's surrounded by gung
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  Speaker 3: ho types who want to invade and the consequences of
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  Speaker 3: such an invasion will be catastrophic all over.
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  Speaker 2: The Middle YEP. And that's exactly what Daniel Davis concluded
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  Speaker 2: the other day and many other times he's been in
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  Speaker 2: my program, Judging and Apoloitano. God bless you, and I
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  Speaker 2: certainly appreciate our friendship and our conversations over the years,
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  Speaker 2: looking forward to a lot of them this year. We'll
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  Speaker 2: do it again next Wednesday, and I hope between now
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  Speaker 2: and then you have a safe and healthy week.
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  Speaker 3: Back back at you, Brian, Thank you all the best.
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  Speaker 2: Thank you A forty four to fifty five KRCD talk
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  Speaker 2: station Okaway fifty five krc