Latest / Brian Thomas / Judge Napolitano

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Judge Napolitano · Brian Thomas

• 0:00
  Speaker 1: At 275 at the Whitewater split. Crews are pulling out
• 0:04
  Speaker 1: a semi out of the median. Coming up next, right
• 0:08
  Speaker 1: after this interview, our next guest has a tryout with
• 0:12
  Speaker 1: the New York Giants. He could be their very next quarterback.
• 0:17
  Speaker 1: Judge Knapp is next. Chuck Ingram, 55KRC, the talk station.
• 0:21
  Speaker 2: 832, 55KRC, the talk station. I have to ask Judge
• 0:28
  Speaker 2: Ed Napolitano about his knees. Can they stand up to
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  Speaker 2: the challenge? Judge Ed Napolitano, welcome back to the morning show.
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  Speaker 2: I didn't realize you were going to be quarterback for
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  Speaker 2: the Giants.
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  Speaker 3: Neither did I. I'm old enough to be Jackson Dart's grandfather,
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  Speaker 3: and he's a superb athlete. But what a crisis and
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  Speaker 3: a tragedy. It appears he's going to be out for
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  Speaker 3: the season. Anyway, these things happen. These kids are young
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  Speaker 3: and healthy, and his day will come.
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  Speaker 2: Well, we had it happen with Joe Burrow, too. And,
• 0:58
  Speaker 2: you know, of course, you're not alone this year. Apparently, what,
• 1:00
  Speaker 2: five quarterbacks are injured now?
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  Speaker 3: Yeah.
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  Speaker 2: It's pretty bad. Anyway. All right. Real quick here, Judd.
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  Speaker 2: Donald Trump in front of the U.N. yesterday, and this
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  Speaker 2: dovetails quite nicely with your column that comes out tonight
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  Speaker 2: at midnight when war comes home, a constitutional warning. And
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  Speaker 2: he had this to say, you know, now I have
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  Speaker 2: a big decision to make. Will a deal be made
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  Speaker 2: with Iran that lets them rebuild and create a far
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  Speaker 2: greater country than it ever was before, maybe one of
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  Speaker 2: the greatest in the Middle East or ever in the world?
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  Speaker 2: Or do I annihilate the Islamic Republic and do it quickly,
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  Speaker 2: never giving them a chance to kill and destroy people
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  Speaker 2: and countries again? Do I drive them into hell with
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  Speaker 2: no chance of survival and no hope of future greatness
• 1:35
  Speaker 2: or generations? That sounds to me suspiciously like nuclear war.
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  Speaker 2: But putting that aside, the predicate or the preceding comments
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  Speaker 2: were related to the November election. He says the Iranians
• 1:44
  Speaker 2: are going to wait it out. They want me to
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  Speaker 2: lose in the November elections, but I'm not on the ticket.
• 1:49
  Speaker 2: And whatever they want, whatever the outcome of the elections,
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  Speaker 2: it's not going to change the Well, the commander-in-chief of
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  Speaker 2: the U.S.
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  Speaker 1: Military.
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  Speaker 2: So he's saying this is going to go on regardless
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  Speaker 2: of the election until he gets what he wants or
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  Speaker 2: he wipes them off the face of the earth. Now,
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  Speaker 2: that being said, you and I have been over this
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  Speaker 2: a bunch of times. You talk about it in your column.
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  Speaker 2: Ever since World War II, presidents of both political stripes
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  Speaker 2: have waged war without congressional authority or any authorization. What
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  Speaker 2: happens if Congress flips, the Senate and the House both
• 2:19
  Speaker 2: flip into Democrat hands? and they tell Trump that, you know,
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  Speaker 2: we're asserting the War Powers Resolution in 1973, and you
• 2:26
  Speaker 2: are over time, you must pull the plug. Can he
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  Speaker 2: say no and raise his metaphorical middle finger? Or maybe
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  Speaker 2: that becomes the vehicle to challenge the constitutionality of the
• 2:36
  Speaker 2: War Powers Resolution in 1973, which I think you and
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  Speaker 2: I both believe is an unconstitutional delegation of congressional authority.
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  Speaker 3: Well, it's a fascinating question. I almost can't imagine the
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  Speaker 3: Supreme Court telling the president he has to stop fighting
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  Speaker 3: a war, but yet the War Powers Resolution is the
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  Speaker 3: law of the land. It was adopted over the veto
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  Speaker 3: of President Nixon. In my view, it's unconstitutional in two respects.
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  Speaker 3: Nixon vetoed it because he felt it unconstitutionally impaired his
• 3:10
  Speaker 3: ability to wage war wherever he wanted. In my view,
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  Speaker 3: it's the opposite side of the coin. It unconstitutionally delegates
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  Speaker 3: away war-making power to the president, unlimited war-making power for
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  Speaker 3: the first 60 or 90 days, depending upon how he
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  Speaker 3: wants to frame it. But there's another clause in there
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  Speaker 3: that is probably unconstitutional, and it says this is not
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  Speaker 3: subject to review by the president. Now, whenever both houses
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  Speaker 3: of Congress enact legislation and a war powers resolution telling
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  Speaker 3: him to stop as a piece of legislation, he can
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  Speaker 3: veto it or sign it. Saying that he doesn't have
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  Speaker 3: veto power probably violates the Constitution, and at least one
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  Speaker 3: or two Supreme Court opinions are coming to mind. They
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  Speaker 3: could insert the prohibition on the use of funds for
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  Speaker 3: the war into legislation that he must have, like the
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  Speaker 3: National Defense Authorization Act, which he couldn't possibly not sign
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  Speaker 3: without shutting down the Defense Department. But that's about as
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  Speaker 3: far as they can go with this. I don't think
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  Speaker 3: that any court is going to get involved. They are loath,
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  Speaker 3: particularly under Chief Justice John Roberts, to get involved in
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  Speaker 3: foreign policy.
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  Speaker 2: Well, in a political landscape that's just filled with landmines,
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  Speaker 2: you know, Democrats are going to also have to contemplate
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  Speaker 2: the reality of, well, if you just walk away, you're
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  Speaker 2: giving the Iranians everything in a bag of chips that
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  Speaker 2: they want, and that may not be even tenable for
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  Speaker 2: their own constituents.
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  Speaker 1: I don't know.
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  Speaker 2: I mean, I'm not the one that has to make
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  Speaker 2: these decisions, but I certainly don't see that Democrats taking
• 5:02
  Speaker 2: over is really going to change the dynamic of the
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  Speaker 2: war that's currently being waged in the Middle East, just
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  Speaker 2: for the multitude of reasons we're talking about.
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  Speaker 3: The other dynamic that will change, and this will happen
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  Speaker 3: repeatedly to the point of aggravating everybody, is they will
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  Speaker 3: probably impeach him over and over and over again. They
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  Speaker 3: won't do it just once. They already have their research done.
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  Speaker 3: They're going to hold public hearings about how he earned
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  Speaker 3: his $ 2 billion while he was president. They're going to
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  Speaker 3: put Witkoff and Kushner, who've been described by foreign diplomats
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  Speaker 3: as sophisticated grifters under oath. They're going to come up
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  Speaker 3: with as much as they can to damage him, to
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  Speaker 3: consume his PR time defending himself rather than moving forward
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  Speaker 3: with whatever the policies of his administration are. I have
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  Speaker 3: to say a comment about the phrase that you read
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  Speaker 3: from the speech yesterday. That's a war crime. It is
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  Speaker 3: a war crime to threaten to slaughter innocents using the
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  Speaker 3: power of the government. And that's what he that's what
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  Speaker 3: he did.
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  Speaker 2: Even notwithstanding the First Amendment right to free speech is
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  Speaker 2: broad as we interpret that.
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  Speaker 3: Well, the war crime is an international crime, so the
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  Speaker 3: First Amendment doesn't apply. This is one of the reasons
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  Speaker 3: he's trying to undermine the International Criminal Court, because he
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  Speaker 3: has properties around the world. If he's indicted by the court,
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  Speaker 3: he won't be able to visit those properties.
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  Speaker 1: Huh.
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  Speaker 2: I never gave that a moment's thought on that. How
• 6:41
  Speaker 2: about that, Judge Annapolitano? Well, So I guess we're just
• 6:45
  Speaker 2: in wait and see mode like we've been since post-World
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  Speaker 2: War II and connects with every military engagement we've been
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  Speaker 2: involved with, huh?
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  Speaker 3: Right.
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  Speaker 2: Right.
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  Speaker 3: I mean, who knows what's going to happen? I don't
• 6:58
  Speaker 3: think the Iranians will negotiate anything. They believe they have
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  Speaker 3: a binding deal with him. He signed the memorandum of
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  Speaker 3: understanding ostentatiously in the Palace of Versailles in front of
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  Speaker 3: an international audience. And then two days later, Someone said,
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  Speaker 3: probably shouldn't have signed it.
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  Speaker 1: Well, I know.
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  Speaker 2: Two days later, the Iranians started bombing boats. It's like,
• 7:21
  Speaker 2: wait a second. The ink wasn't even dry in the
• 7:23
  Speaker 2: damn thing. And then, you know, if you read it,
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  Speaker 2: to say it's loosely written and subject to multiple interpretations,
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  Speaker 2: I think, is a valid way of viewing it.
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  Speaker 3: It was written by a guy named J.D. Vance. I
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  Speaker 3: don't think Donald Trump read it before he signed it,
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  Speaker 3: but that's what the Iranians believe is the governing relationship between...
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  Speaker 3: The two countries. The president of Iran and the foreign
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  Speaker 3: minister of Iran are just a couple of blocks from
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  Speaker 3: where I am now. They're at the UN. They're limited
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  Speaker 3: in their ability to travel, but they are here. I
• 7:59
  Speaker 3: don't know when the last time is that a head
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  Speaker 3: of state with which the United States is at war
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  Speaker 3: has come into the United States. Certainly, the Germans didn't
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  Speaker 3: visit during World War II.
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  Speaker 2: No. I guess that suggests that they at least have
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  Speaker 2: comfort in our commitment to their security.
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  Speaker 3: Yes.
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  Speaker 2: There you go.
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  Speaker 3: Yes, they have been told that the U.S. will protect them,
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  Speaker 3: providing they stay in about a four or five block
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  Speaker 3: radius of the U.N., which if you're looking at Manhattan
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  Speaker 3: is right in the middle, but all the way east
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  Speaker 3: on the East River.
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  Speaker 2: I'm surprised they had that much confidence considering Donald Trump
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  Speaker 2: almost had his head blown off in spite of the
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  Speaker 2: fact that he's got Secret Service working around him all
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  Speaker 2: the time.
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  Speaker 1: Good point.
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  Speaker 2: Judge Annapolitano, you know that memorandum of understanding was rather
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  Speaker 2: suspicious from the get-go when they included Israel and Israel
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  Speaker 2: committing to getting out of Gaza or whatever it was.
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  Speaker 2: They weren't even signatories to the agreement. Found that puzzling, too.
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  Speaker 3: That's probably the reason why he rejected it. He read
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  Speaker 3: it afterwards and said, well, BB's not going to go
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  Speaker 3: along with this. Why did I sign it?
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  Speaker 1: I know.
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  Speaker 2: Excuse me. Judging Freedom is the podcast. I presume you
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  Speaker 2: have your usual Wednesday guests on. Is there any addition
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  Speaker 2: that you want to let my listeners know before we
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  Speaker 2: part company? I do.
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  Speaker 3: Well, Professor Jeffrey Sachs will give us a preview of
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  Speaker 3: what Prime Minister Netanyahu is likely to tell. a largely
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  Speaker 3: empty General Assembly chamber when he addresses them tomorrow.
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  Speaker 2: Astute observation. Judge Anna Napolitano, we'll do this again next Wednesday, sir.
• 9:32
  Speaker 2: God bless you.
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  Speaker 3: Thank you.
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  Speaker 1: All the best to you, Brian. Bye-bye.
• 9:36
  Speaker 2: Thank you, my friend.
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  Speaker 1: 841 right now.
• 9:37
  Speaker 2: 55 KRC, the talk station.