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Judge Napolitano - Murder for Christmas · Brian Thomas

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  Speaker 1: On medical obesity, care and expertise. Caught five one three, nine, three,
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  Speaker 1: nine two two sixty three. That's nine thirty nine twenty
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  Speaker 1: two sixty three. Satbound seventy five continues to get heavier
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  Speaker 1: from well above one twenty nine to your past and
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  Speaker 1: accident at Cincinnati Daton Road. Right side blocked sapbound seventy one.
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  Speaker 1: Left side's blocked with an accident Nearfield's hurdle, some icy
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  Speaker 1: conditions westbound two seventy five and seventy five above Sharonville.
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  Speaker 1: It's an accident now on the right shoulder. Northbound seventy
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  Speaker 1: five continues slow out of Florence into downtown. On this
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  Speaker 1: the mooting of the company Christmas party, I decided to
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  Speaker 1: rewrite some Christmas tunes. Like he knows when balls are shakey,
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  Speaker 1: the Constitution thrives, he knows when power is breaking through,
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  Speaker 1: and he's cutting through the lives up the Judge's next
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  Speaker 1: on this happy momentous holiday. Chuck Ingram fifty five krs
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  Speaker 1: the talk station.
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  Speaker 2: Something tells me Chuck Ingram was looking at chat ept
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  Speaker 2: this morning. I don't know if he's got the skills
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  Speaker 2: to write lyrics like that, but that was a pretty
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  Speaker 2: good one as far as.
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  Speaker 3: I was over the top, and he's got a great
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  Speaker 3: singing choice.
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  Speaker 2: Judge Streker Joe Strecker, executive producer, said he wrote that
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  Speaker 2: for Chuck. That's great. Oh wow, oh my, we get
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  Speaker 2: to mark that one down to the top ten. Anyway,
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  Speaker 2: sometimes he fumbles the ball, but today I think he
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  Speaker 2: hit it home for the holidays, and it is the
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  Speaker 2: I heard Christmas party today here for the cluster of
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  Speaker 2: radio stations, so he was springing from that. Judge Annon Apoloitano,
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  Speaker 2: welcome back. I enjoy this time of the week as
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  Speaker 2: much or more than almost any other. I don't want
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  Speaker 2: to short shrift any of my other guests, but this
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  Speaker 2: is a great time for me because you and I
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  Speaker 2: see really eye to eye on most things. This libertarian philosophy,
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  Speaker 2: the belief in the constitution and a limited guy government.
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  Speaker 2: And I love your column Murder for Christmas. This is
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  Speaker 2: a topic we've talked about, and of course it is
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  Speaker 2: a hot topic of late blowing up boats outside of Venezuela.
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  Speaker 2: But now we have Donald Trump saying, and I'll quote this,
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  Speaker 2: that he's planning on hitting targets in the land. The
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  Speaker 2: land is much easier and much means we know, we
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  Speaker 2: know the roots where they are. We're going to start
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  Speaker 2: those strikes on land too. I read that, and I'm thinking,
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  Speaker 2: by what authority is he bringing us into a war?
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  Speaker 2: I mean, Venezuela might likely declare war in the United States,
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  Speaker 2: not that they have the military means to fight us off,
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  Speaker 2: but he, by unilateral action, could literally bring us to
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  Speaker 2: the brink or actual war with a foreign nation. By
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  Speaker 2: what authority.
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  Speaker 3: He has no respect for the Constitution, for the Congress,
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  Speaker 3: and Congress has no respect for itself. Congress will do
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  Speaker 3: nothing to stop the murders in the Caribbean of people
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  Speaker 3: in the boats, so people who survived the original attack
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  Speaker 3: on the boats, and Congress is apparently going to do
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  Speaker 3: nothing to stop him from invading Venezuela. The Constitution couldn't
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  Speaker 3: be clearer, Congress to Claire's war. The president wages war.
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  Speaker 3: The President and the Senate have ratified treaties that limit
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  Speaker 3: our war making power to those where there is a
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  Speaker 3: serious threat to American national security or the national security
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  Speaker 3: of an ally to which we are bound by treaty.
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  Speaker 3: No one can say that Venezuela opposes a serious national
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  Speaker 3: security threat to the United States. Oh Let's see there
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  Speaker 3: were some drugs on those boats. How about the four
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  Speaker 3: hundred tons of cocaine shipped into the United States by
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  Speaker 3: the guy that Donald Trump just sprung from a forty
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  Speaker 3: five year prison sentence.
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  Speaker 2: You're read my mind, So.
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  Speaker 3: I'm not sure where we're going here. There's obviously different motivations.
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  Speaker 3: I think Trump was either trying to influence Latin American
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  Speaker 3: elections or please some intermediary, some friend of his and
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  Speaker 3: the former president of Honduras. But the killing is absolutely
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  Speaker 3: unjustified under American law, and heg Seth has made it
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  Speaker 3: worse by mocking it with this cartoon of a child's turtle,
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  Speaker 3: something I had never heard of before, but of course
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  Speaker 3: I did the research.
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  Speaker 2: Franklin the turtle, Yeah, Franklin the turtle means a.
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  Speaker 3: Child's cartoon, which heg Seth posted holding some sort of
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  Speaker 3: a missile in his hand, blowing up a bote and saying,
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  Speaker 3: wishless for Christmas. Come on, when the right mind for
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  Speaker 3: this for children?
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  Speaker 2: Now, of course, satire it may be, and it's a
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  Speaker 2: sad reflection of the state of our political discourse in
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  Speaker 2: this world that we communicate by virtue of memes. Left
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  Speaker 2: does it the right, does it. We've devolved into this
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  Speaker 2: one little tiny photograph, comical or not as one perceives it.
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  Speaker 2: That's how people either advance or reject any political ideology.
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  Speaker 2: And I think it's a sorry state of affairs for
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  Speaker 2: political discourse. But grabbing a couple of words from your column,
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  Speaker 2: which again is murder for Christmas, I'm fortunate enough to
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  Speaker 2: get an advanced copy. It does come out at midnight
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  Speaker 2: outside of a legally declared war in which US military
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  Speaker 2: personnel are engaged in legally killing armed military personnel. I
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  Speaker 2: don't need to read the whole sentence, but the salient
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  Speaker 2: point outside of a llegally declared war. Now, I'm going
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  Speaker 2: back to these six members of Congress who released that
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  Speaker 2: video urging members to refuse quote unquote illegal orders. Now
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  Speaker 2: they face a lot of BA backlash for that. Some
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  Speaker 2: were threatening to court martial them. Whatever, we got the
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  Speaker 2: Uniform Code of Military Justice, we can look to and
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  Speaker 2: see exactly what it says. But every time any one
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  Speaker 2: of the six who released that video were on the
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  Speaker 2: talking Head program, they were asked specifically, can you name
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  Speaker 2: an illegal order? Not one of them uttered a syllable.
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  Speaker 2: Why didn't they go to the point that you make
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  Speaker 2: in this article, which is you can't do that because
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  Speaker 2: there's no authorized, constitutionally military declared war from Congress.
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  Speaker 3: I don't know why. I mean, they started a great debate,
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  Speaker 3: but they didn't finish it. You're correct, they didn't back down,
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  Speaker 3: but not a single one would articulate which orders are illegal.
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  Speaker 3: It is clear as day that it is illegal to
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  Speaker 3: kill an unarmed, non violent, non combatant. Nothing could be clearer.
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  Speaker 3: That is a war crime. It's a war crime for
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  Speaker 3: everybody involved, from the Secretary of Events down or whoever
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  Speaker 3: pulled the trigger or pressed the button that dispatched the
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  Speaker 3: weapon that destroyed the boat and the people on it. It's
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  Speaker 3: not even a close call. Why they wouldn't articulate it
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  Speaker 3: that way, I really, I really don't know. You know,
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  Speaker 3: politicians are strange people. They're always trying to think two
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  Speaker 3: steps ahead. They're always trying to think about compromise. They're
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  Speaker 3: always trying to think about how can I scratch somebody
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  Speaker 3: else's back so they'll scratch mine. This is not a
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  Speaker 3: profession for people who are intellectually scrupulous.
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  Speaker 2: Well, along those lines, could it be that they were
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  Speaker 2: thinking two steps forward and realizing if they did articulate
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  Speaker 2: that this is not a legally justifiable under the Constitution.
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  Speaker 2: There's been no declaration of where you can't launch bombs
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  Speaker 2: against those folks in the boats or on land because
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  Speaker 2: their side of the political equation did it too. We've
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  Speaker 2: got a history of presidents Republican and Democrat doing the
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  Speaker 2: same damn thing.
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  Speaker 3: Correct, correct, the same as I mentioned in the piece,
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  Speaker 3: that you have the same office of not the same
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  Speaker 3: human beings because we're going back twenty years presumably, but
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  Speaker 3: the same office. By the way, that office was once
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  Speaker 3: headed by two very well known people, William Rehnquist, the
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  Speaker 3: late Chief Justice and Antonin Scalia, the late Associate Justice.
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  Speaker 3: This is an office in the Justice Department that has
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  Speaker 3: the best and the brightest. They advise the rest of
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  Speaker 3: the DOJ what the law is.
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  Speaker 1: But this is the.
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  Speaker 3: Same office that issued a secret opinion telling George W.
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  Speaker 3: Bush he could torture people, Barack Obama he could kill
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  Speaker 3: two Americans, including a child, who were not engaged in
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  Speaker 3: violence while they were in Yemen, and apparently has told
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  Speaker 3: Trump that he can blow up these boats. I say
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  Speaker 3: apparently because Trump will not reveal and the Attorney General
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  Speaker 3: will not reveal the legal opinion for the rest of
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  Speaker 3: us to scrutinize it. I can't imagine what kind of
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  Speaker 3: law they cited, and I can't imagine why it's secret.
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  Speaker 3: There are no secret laws. We're talking about a legal
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  Speaker 3: argument here, we're not talking about classified information.
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  Speaker 2: So you get an advisory of painting because there is no,
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  Speaker 2: I guess, definitive case law on this, you know, extra
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  Speaker 2: judicial war waging that's been going on for so long?
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  Speaker 2: Why and in what forum? Assuming the Democrats wanted to
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  Speaker 2: stand up and say no, no, no, Moss, or even
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  Speaker 2: a guy like Senator Rampaul, who was equally critical and
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  Speaker 2: made the very point you made. We let a Narco,
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  Speaker 2: the former president who'd been convicted of drug smuggling, out
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  Speaker 2: on a pardon, and yet we're blowing him up real
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  Speaker 2: time on folks who hadn't been through the due process.
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  Speaker 2: But what forum, what tribunal, what congressional hearing? How does
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  Speaker 2: one bring someone accountable if they choose to do so,
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  Speaker 2: which clearly neither political party wanted to do over all
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  Speaker 2: these years.
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  Speaker 3: I would think that Pete heg Seth is not long
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  Speaker 3: for his job, and I would think that whoever his
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  Speaker 3: successor is would convene a court martial for Admiral Bradley
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  Speaker 3: and everybody else along the chain of command, because the
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  Speaker 3: Uniform Code of Military Justice says, not only may and
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  Speaker 3: that kill a survivor, a shipwrecked survivor, you have a
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  Speaker 3: duty to rescue him. You have to rescue the person
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  Speaker 3: you just tried and failed to kill. That's the law.
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  Speaker 3: This admiral knows the law. A petty sailor swabbing the
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  Speaker 3: deck of an aircraft carrier knows the law. They are
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  Speaker 3: told this the third day of basic training.
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  Speaker 2: Going back to the initial fundamental problem we have here,
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  Speaker 2: if there was even an authorization for use of military force,
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  Speaker 2: which you and I agree probably not even constitutional itself,
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  Speaker 2: but they've got those kind of things. If Congress issued
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  Speaker 2: an authorization for use of military force against the drug dealers,
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  Speaker 2: then we would effectively be at war with them, like
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  Speaker 2: the war on terror that we've been waging over the
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  Speaker 2: Middle East for so many decades. Then in an act
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  Speaker 2: of war, which that effectively would be, you do kill
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  Speaker 2: all the people who are fighting against you.
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  Speaker 1: You don't have to.
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  Speaker 2: I mean, we've seen people gunshots from two miles away
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  Speaker 2: hidden Afghanistan terrorists, even though they weren't aiming a gun
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  Speaker 2: at one of our military personnel because we were operating
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  Speaker 2: in a military theater. Kill them all. Let God sort
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  Speaker 2: it out. That's okay when you actually have a declaration
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  Speaker 2: of war, right.
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  Speaker 3: Well, believe it or not. If a person's surrendering, you
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  Speaker 3: can't surrender. If a person's waving a white flag, you
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  Speaker 3: can't kill them. If There's a very famous case during
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  Speaker 3: World War Two where the Germans blew up a submarine
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  Speaker 3: and the German commander ordered the sailors in the ocean
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  Speaker 3: to be machine gunned. That commander was tried, convicted, and
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  Speaker 3: executed by his own Nazi leadership for violating basic laws
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  Speaker 3: of war. You can't kill survivors of your failure to
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  Speaker 3: kill them. That's been a law of war for hundreds
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  Speaker 3: of years. It is clearly in the Uniform Code of
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  Speaker 3: Military Justice of the United States. Clearly, Admiral Bradley, there's
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  Speaker 3: self a former Navy seal, knows what this law is.
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  Speaker 2: So how do you see this shaken out?
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  Speaker 3: There are a lot of Republicans, not just Rand Paul
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  Speaker 3: and Thomas Massey. There are a lot of Republicans aggravated
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  Speaker 3: by this. And this may be the last straw for
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  Speaker 3: them with Donald Trump trashing the Constitution. But all they
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  Speaker 3: can do is hold hearings and expose. They could impeach
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  Speaker 3: Pete heg Seth. They can actually impeach the admiral if
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  Speaker 3: they want, because he's got four stars and the fourth
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  Speaker 3: star only came by confirmation from the Senate. They can't prosecute,
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  Speaker 3: of course, because of the prohibition on bills of attainder,
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  Speaker 3: and the Justice Department's not going to prosecute anybody. But
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  Speaker 3: this is murder. There's no statue of limitations. This is
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  Speaker 3: a war crime. There's no statute of limitations. These people
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  Speaker 3: could be prosecuted in an international court. They could be
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  Speaker 3: prosecuted in a federal court under a different administration. They
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  Speaker 3: could be prosecuted in the court of the country from
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  Speaker 3: which their victims came, if they could physically be brought there.
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  Speaker 2: Well, But then politicians thinking two steps down the road
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  Speaker 2: appreciate that. Well, you know, those Democrats may very well
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  Speaker 2: have their person in office down the road, and they're
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  Speaker 2: going to want as much flexibility along these lines as
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  Speaker 2: other prior presidents of both political stripes have apparently had.
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  Speaker 3: Barack Obama in his autobiography. This is a reprehensible phrase,
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  Speaker 3: but he wrote it. I'm very good at.
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  Speaker 2: Killing Wow, Judge Enna Palatano, Judging Freedom of the podcast.
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  Speaker 2: We all like to listen to it. Who's on today,
• 13:42
  Speaker 2: judg Enna Paltano.
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  Speaker 3: I have our man in Siria kivork al Masian, who
• 13:50
  Speaker 3: tells us what's going on there. I have Phil GERALDI
• 13:53
  Speaker 3: I have Aaron mate Tomorrow. My heavy hitter is Colonel
• 13:57
  Speaker 3: Douglas McGregor and Professor John should be.
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  Speaker 2: A great, great discussion, as it always is, Judging Freedom
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  Speaker 2: Judging in Apoloitown every Wednesday at eight thirty here in
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  Speaker 2: the fifty five Caressey Morning Show. God bless you, sir.
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  Speaker 2: Enjoy the holiday season. I know we'll be talking before Christmas,
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  Speaker 2: but I just want to get you out of holiday
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  Speaker 2: for the next Wednesday. Brian, take care, my friend. It's
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  Speaker 2: eight forty three coming up in e forty four. Help
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  Speaker 2: for Charity, Brian Ibil