Latest / Brian Thomas / Judge Napolitano -- 4/15/26

Transcript

Judge Napolitano -- 4/15/26 · Brian Thomas

• 0:01
  Speaker 1: Quick Weather Forecast Channel nine says got a partly cloudy
• 0:04
  Speaker 1: media chance to rain out there, slim though, eighty four
• 0:06
  Speaker 1: for the high overnight going to be cloudy in sixty five.
• 0:09
  Speaker 1: Showers are likely tomorrow with the high seventy eight, dry
• 0:12
  Speaker 1: conditions overnight fifty nine in a dry Friday, partly cloudy
• 0:15
  Speaker 1: eighty two for the high. It's seventy degrees. Right now,
• 0:18
  Speaker 1: it's time for traffic.
• 0:19
  Speaker 2: Chuck Ingram from the UCL Traumfics Center that you see.
• 0:23
  Speaker 2: Cancer Center offers the latest research based and holistic approaches
• 0:27
  Speaker 2: to heading net cancer. Nope, cancer is too rare. Call
• 0:31
  Speaker 2: five to eighty five. You see CC for a second opinion.
• 0:34
  Speaker 2: Cruise are working in the new accident in South Bend
• 0:36
  Speaker 2: seventy one near Fields Eardle. They're on the right shoulder
• 0:39
  Speaker 2: break lights start there and continue down to Red Bank,
• 0:42
  Speaker 2: South Bend seventy five. Slow go through Lachland to a
• 0:45
  Speaker 2: record paddock northbound seventy five.
• 0:47
  Speaker 3: Now a wreck before you get to the lateral well.
• 0:51
  Speaker 2: Today is a bittersweet day for quite a few folks
• 0:54
  Speaker 2: with it being tax Day. It reminds me of the
• 0:58
  Speaker 2: tax Cord case where A cpa Hey named his boat
• 1:01
  Speaker 2: ten forty and then tried to deduct the costs an
• 1:05
  Speaker 2: advertising expense. The judge didn't approve it. Munch Judgment Day
• 1:10
  Speaker 2: on fifty five KR ANDC. He's next Chuck Ingram fifty
• 1:14
  Speaker 2: five KRC, the talk station.
• 1:19
  Speaker 1: You got to give him credit for creativity. Anyway, fool
• 1:22
  Speaker 1: is the one that's not looking out for his own
• 1:23
  Speaker 1: best interest, you may as well give it a shot.
• 1:27
  Speaker 1: Welcome back to the thirty five KERC Morning Show. Saving
• 1:30
  Speaker 1: Me from Myself this morning Judge ended Apoloton and it's
• 1:33
  Speaker 1: always a wonderful thing to have you on the program
• 1:35
  Speaker 1: this morning. Joe.
• 1:36
  Speaker 4: It's a great to be with you, Bryan, and.
• 1:40
  Speaker 1: Your my favorite topic. Your favorite topic, of course, FISA
• 1:43
  Speaker 1: Section seven to two, which is up for renewal, predicated
• 1:45
  Speaker 1: in the UH Well you go back to Madison the
• 1:48
  Speaker 1: right to be left alone. I love I love that phrasing.
• 1:51
  Speaker 1: The right to be left alone. We should be left alone.
• 1:53
  Speaker 1: Our government should not be bothering us. And of course
• 1:56
  Speaker 1: that goes hand in hand with the Fourth Amendment right
• 1:59
  Speaker 1: to be free of unres sitable surgeons and caesars. You
• 2:01
  Speaker 1: need a warrant probable cause. It must be suspicion that
• 2:04
  Speaker 1: you have actually committed a crime. That's what the judge
• 2:06
  Speaker 1: is there for, to throw it out or say yeah, okay,
• 2:08
  Speaker 1: you've got sufficient justification. But then again section seven oh
• 2:12
  Speaker 1: two and the Faiza throws that whole thing on top
• 2:15
  Speaker 1: of its head. So it's up for renewal. And oh
• 2:17
  Speaker 1: my god, judging and Napolitana. We're in the middle of
• 2:19
  Speaker 1: a fight in war. We can't get rid of seven
• 2:21
  Speaker 1: oh two because well, it protects Americans.
• 2:25
  Speaker 5: That's the argument that most Republicans will make. And I
• 2:33
  Speaker 5: retort to the comment Justice a Chief Justice Roberts made
• 2:38
  Speaker 5: the other day. These may be modern times, but it's
• 2:41
  Speaker 5: the same constitution. And the Constitution was written to restrain
• 2:45
  Speaker 5: the government from interfering with our right to be left alone,
• 2:50
  Speaker 5: and intentionally to place a judge between the government's avaricious
• 2:55
  Speaker 5: appetite to know more about us than we know about
• 2:58
  Speaker 5: it in our natural way. It's a system that has
• 3:01
  Speaker 5: worked until two thousand and eight, when this section seven
• 3:05
  Speaker 5: and two of PISA was enacted, which benign lee and
• 3:09
  Speaker 5: without objection or serious objection except from the most serious
• 3:13
  Speaker 5: libertarians like Ron Paul who was in the Congress at
• 3:16
  Speaker 5: the time permitted warrantless surveillance of foreign persons in the
• 3:23
  Speaker 5: United States. Well, what happens if those foreign persons communicate
• 3:28
  Speaker 5: with an American? Can that mean warrantless surveillance of the
• 3:32
  Speaker 5: American with whom they communicate And the PHISA Court, which
• 3:36
  Speaker 5: meets in secret, said yes. And then the PISA people
• 3:40
  Speaker 5: of the NSA went back to the PHISA Court and said, well,
• 3:43
  Speaker 5: what if the Americans speak to other Americans about the
• 3:47
  Speaker 5: conversation they had with a foreigner. We don't have time
• 3:51
  Speaker 5: to get a warrant to listen to that. And PHISI
• 3:53
  Speaker 5: Court said, Okay, if an American speaks to a foreigner,
• 3:58
  Speaker 5: that American is fair game for warrantless surveillance forever, forever, forever.
• 4:06
  Speaker 4: And the.
• 4:08
  Speaker 5: People to whom that person speaks our fair game forever,
• 4:13
  Speaker 5: and the people to whom they speak are fair game forever.
• 4:17
  Speaker 4: This goes out to the sixth degree.
• 4:19
  Speaker 1: But the predicate was the predicant. As you stated, though
• 4:23
  Speaker 1: you're on and this is the crazy part about it.
• 4:25
  Speaker 1: If that American speaking with the foreign national speaks about
• 4:31
  Speaker 1: the conversation he or she had with the foreign national
• 4:34
  Speaker 1: with another American, then you could listen to it. But
• 4:37
  Speaker 1: unless they've been listening to all the conversations in the
• 4:40
  Speaker 1: subsequent six people chain of events, how on the hell
• 4:43
  Speaker 1: would they know whether or not you're having a conversation
• 4:45
  Speaker 1: about the original conversation with a foreign national.
• 4:48
  Speaker 5: That's the argument that was made to the FISA Court
• 4:50
  Speaker 5: when the FISA Court said, Okay, listen to all foreign
• 4:54
  Speaker 5: conversations out to the sixth degree. So I'll use the
• 4:57
  Speaker 5: example I used in my piece. I email or call
• 5:01
  Speaker 5: on the on my cell phone a hotel in Rome,
• 5:05
  Speaker 5: Italy to book a hotel room. That makes me fair
• 5:10
  Speaker 5: game for warrantless surveillance forever. I call my mother, she's
• 5:14
  Speaker 5: one hundred years old. That makes her fair game forever.
• 5:18
  Speaker 5: She calls her sister, my aunt, who's ninety six years old.
• 5:22
  Speaker 5: That makes her fair game forever. Her sister calls her
• 5:26
  Speaker 5: daughter my cousin. That makes her fair game forever. This
• 5:31
  Speaker 5: happened three and a half million times in twenty twenty three,
• 5:36
  Speaker 5: the last year for which we have records of this.
• 5:39
  Speaker 5: Do the math three and a half million out to
• 5:42
  Speaker 5: the sixth degree.
• 5:43
  Speaker 4: What does that come to? Three hundred and forty million?
• 5:47
  Speaker 3: Wow?
• 5:47
  Speaker 4: What's that? That population of the United states.
• 5:51
  Speaker 1: Everybody no longer has a protection of the Fourth Amendment,
• 5:54
  Speaker 1: which is supposed to offer us that protection. I thought
• 5:56
  Speaker 1: this was a rather bizarre thing that you wrote about
• 5:58
  Speaker 1: in your column. Again, I get it early. It's American heresy.
• 6:01
  Speaker 1: The title of the column comes out, and I'd recommend
• 6:03
  Speaker 1: you to get a copy of it reader for yourself.
• 6:06
  Speaker 1: You point it out, But the court that has never
• 6:08
  Speaker 1: ruled on the constitutionality of seven oh two. Now, you
• 6:10
  Speaker 1: and I have talked about that many times over the years,
• 6:12
  Speaker 1: your honor getting standing for a secret court and actually
• 6:16
  Speaker 1: going into court and try to argue about the unconstitutionality
• 6:19
  Speaker 1: section and seven oh two and impossibility. So he said
• 6:23
  Speaker 1: it in an effort to play kate libertarians and progressives
• 6:26
  Speaker 1: in Congress who are against the extension of seven or two.
• 6:29
  Speaker 1: The FEDS recently offered an amendment to it. Here's the point.
• 6:34
  Speaker 1: The wording of the amendment was secret, the offering was
• 6:37
  Speaker 1: done in secret, and its rejection by the Pfizer Court
• 6:41
  Speaker 1: was also in secret. So we have no idea what
• 6:43
  Speaker 1: they even did to try to amend it.
• 6:45
  Speaker 3: So what kind of a democracy is it? It isn't
• 6:49
  Speaker 3: Where is that Congress?
• 6:51
  Speaker 5: I mean, this is legislation written by the Congress, and
• 6:55
  Speaker 5: the executive branch is using the Secret prisor Court to
• 6:58
  Speaker 5: try and amend it to pick off a few libertarian
• 7:02
  Speaker 5: and progressives who they need to get a majority in
• 7:05
  Speaker 5: the House of Representatives to get this thing passed.
• 7:07
  Speaker 3: Now, I say get it passed.
• 7:08
  Speaker 4: It expires next week, and that's why I wrote.
• 7:12
  Speaker 5: This now, to arouse the public consciousness to this monstrosity.
• 7:17
  Speaker 5: Right the vote we're today, it does not pass the House,
• 7:20
  Speaker 5: but you know they'll terrify somebody, or bribe somebody, or
• 7:24
  Speaker 5: scare somebody and get them the change their vote. Last
• 7:27
  Speaker 5: time this happened to pass by one vote. The Speaker
• 7:31
  Speaker 5: of the House, who ardently opposed this when he was
• 7:34
  Speaker 5: just a congressman before he became the Speaker, was visited
• 7:38
  Speaker 5: by the Intelligence Committee for an hour and a half
• 7:40
  Speaker 5: in his office. When he finished with them, he went
• 7:43
  Speaker 5: out onto the floor, left the chair and did something
• 7:47
  Speaker 5: speakers very rarely do.
• 7:49
  Speaker 3: Voted and it passed by one vote. We'll see if
• 7:52
  Speaker 3: that happens again.
• 7:53
  Speaker 1: Visited by the intelligence community, that thin chills up most
• 7:57
  Speaker 1: people's spines, considering the vast amount of infrared the intelligence
• 8:01
  Speaker 1: community has because they threw out the Fourth Amendment with
• 8:03
  Speaker 1: section seven oh two Adviza generally correct.
• 8:07
  Speaker 5: Justice Siscalia told me that he knew and his colleagues
• 8:12
  Speaker 5: knew that the NSA was spying on the court well.
• 8:16
  Speaker 1: And this is used by both parties to spy on
• 8:18
  Speaker 1: the other side. I mean even point out the Obama
• 8:20
  Speaker 1: administration use it as a tool to spy on Donald
• 8:22
  Speaker 1: Trump's campaign. Donald Trump campaigned on not renewing it, and
• 8:26
  Speaker 1: yet he's changed his mind. Was he visited by the
• 8:29
  Speaker 1: intelligence community as well, Judge and Politano?
• 8:32
  Speaker 3: He probably was.
• 8:35
  Speaker 5: I mean, I I'm not speaking out of school because
• 8:38
  Speaker 5: I've discussed this on air. I have had private conversations
• 8:41
  Speaker 5: with him about seven oh two. I have had public
• 8:45
  Speaker 5: communication with him about seven oh two through the airwaves.
• 8:50
  Speaker 5: I looked at the camera the list time this came
• 8:53
  Speaker 5: up for renewal, and I said, I got in a
• 8:55
  Speaker 5: little trouble for doing this on Fox and Fronts, but
• 8:58
  Speaker 5: I did it anyway. Mister President, this is the same
• 9:02
  Speaker 5: authority that was used to spy on you before you
• 9:04
  Speaker 5: were president.
• 9:05
  Speaker 3: You have to veto it.
• 9:06
  Speaker 5: Two minutes later on Truth Social he had a different
• 9:10
  Speaker 5: name at the time. This is Trump's first term I'm
• 9:12
  Speaker 5: vetoing it. An hour later, the Speaker of the House
• 9:17
  Speaker 5: at the time, Paul Ryan, the leader of the Republicans
• 9:20
  Speaker 5: in the House, Mitch McConnell, the Vice President of the
• 9:23
  Speaker 5: United States, Mike Pence.
• 9:25
  Speaker 4: They all go rushing to the Oval office.
• 9:27
  Speaker 3: What are you doing? What are you doing?
• 9:28
  Speaker 4: Well, the judge says it's unconstitutional.
• 9:30
  Speaker 3: It was used against me.
• 9:31
  Speaker 5: Oh, the judge thinks the Constitution means what it says.
• 9:36
  Speaker 5: And then he sends me a message privately via somebody
• 9:40
  Speaker 5: else that was in the room that I don't want
• 9:41
  Speaker 5: a name.
• 9:42
  Speaker 3: They twisted my arm.
• 9:44
  Speaker 1: No, well, that happens all the time. And I guess
• 9:49
  Speaker 1: you know my conservative friends out there who might be
• 9:51
  Speaker 1: in favor of renewing seven to two or eight if
• 9:54
  Speaker 1: we were in front of the Supreme Court, and you
• 9:56
  Speaker 1: alluded to it a moment ago we first started talking.
• 10:00
  Speaker 1: Spreme Court is taking an originalist perspective of the Constitution.
• 10:02
  Speaker 1: We have the Bruined decision. What was the state of
• 10:05
  Speaker 1: the law when the Second Amendment was in shrine? If
• 10:07
  Speaker 1: the guns were allowed at that time, It's what the
• 10:10
  Speaker 1: founders took in mind at the time. Of course, if
• 10:13
  Speaker 1: you apply that perception of that concept to the Fourth Amendment.
• 10:18
  Speaker 1: The framers clearly would not have approved the concept of
• 10:21
  Speaker 1: fives in section seven h two.
• 10:23
  Speaker 3: Correct.
• 10:24
  Speaker 5: You know, in the days of the Fourth Amendment was enacted,
• 10:27
  Speaker 5: when the government wanted a spy on you, they used
• 10:29
  Speaker 5: force or trickery or coercion. Today they don't have to
• 10:34
  Speaker 5: do that. They use stealth. You don't even know that
• 10:36
  Speaker 5: they're spying on you, which is one of the reasons
• 10:39
  Speaker 5: that this never comes up. A group of journalists who
• 10:43
  Speaker 5: believed they were being spied on sued the NSA, and
• 10:48
  Speaker 5: the court threw it out and said, your belief that
• 10:50
  Speaker 5: you're being spied on is not a sufficient standing. You
• 10:53
  Speaker 5: can't show any probable harm.
• 10:55
  Speaker 1: Well, wouldn't that be I mean, isn't that ground for
• 10:58
  Speaker 1: a legitimate foil request? Can I ask the federal government
• 11:01
  Speaker 1: for documents they have related to me?
• 11:02
  Speaker 2: For example?
• 11:04
  Speaker 3: You can unless it involves in national security. Oh, that's right.
• 11:09
  Speaker 3: Try and get.
• 11:10
  Speaker 4: The nssay's record on you or me and see what kind.
• 11:14
  Speaker 5: Of a wall is directed between your wishes and those records.
• 11:18
  Speaker 1: Wow, Judge nitapolaton, I certainly appreciate your well, your adherents,
• 11:22
  Speaker 1: and your belief in the Constitution, which I share. I guess,
• 11:27
  Speaker 1: what's the world going to look like if it's not renewed?
• 11:29
  Speaker 1: Are we all going to die and perish as a
• 11:31
  Speaker 1: consequence of some faivre to listen into a phone call,
• 11:34
  Speaker 1: I find that a little hard to believe.
• 11:35
  Speaker 3: Two things will happen.
• 11:37
  Speaker 5: One is as a fig leaf, they'll start running to
• 11:41
  Speaker 5: Article three judges with probable cause and get warrants.
• 11:45
  Speaker 3: Two is the spy on us anyway and we won't
• 11:48
  Speaker 3: know it.
• 11:50
  Speaker 1: Judging Freedom is the podcast you want to follow Judge
• 11:53
  Speaker 1: Editapolaton throughout the week, and of course tune in every
• 11:56
  Speaker 1: Wednesday Hitt eight thirty. Who you're talking to today on
• 11:59
  Speaker 1: Judging Freedom?
• 12:00
  Speaker 2: You know?
• 12:00
  Speaker 5: In fifteen minutes, I'm talking to somebody from Tehran, Mohammed Mirandi,
• 12:04
  Speaker 5: who was born in Alexandria, Virginia. Oh, he is as
• 12:08
  Speaker 5: American as you and I. But he's a professor at
• 12:10
  Speaker 5: the University of Tehran. He's my eyes and ears there.
• 12:14
  Speaker 5: These are fascinating, fascinating conversations. Pepe Escobar from Beijing, Wow,
• 12:20
  Speaker 5: Glenn Dieson from Norway, and from somewhere in the bowels
• 12:25
  Speaker 5: of Virginia, the Great Phil Giraldi tomorrow the Great Colonel
• 12:29
  Speaker 5: Douglas McGregor.
• 12:30
  Speaker 1: Oh, that's absolutely worth listening. But judging freedom always is
• 12:33
  Speaker 1: finding where you find your podcast and tune in every
• 12:35
  Speaker 1: Wednesday at eight thirty for the Judge.
• 12:37
  Speaker 3: God.
• 12:37
  Speaker 1: Bless you sir. We'll talk next week. Thank you, Brian,
• 12:39
  Speaker 1: all the best, Thank you, eight forty four or fifty
• 12:41
  Speaker 1: five KR Seed Talk Station. Gate of Heaven Cemetery. Gate
• 12:45
  Speaker 1: of Heaven it's just a great cey Catholic cemetery serving
• 12:50
  Speaker 1: the greater since any Christian community for than coming up
• 12:52
  Speaker 1: on eighty years honoring life on sacred ground. That is
• 12:55
  Speaker 1: their mission.
• 12:57
  Speaker 2: You know.
• 12:57
  Speaker 1: It's a sacred space with the dignity of every fire
• 13:00
  Speaker 1: of the human journey. Is welcome and remember birth, life's
• 13:03
  Speaker 1: milestones and of course passing on to eternal life. Gate
• 13:06
  Speaker 1: of Heaven is there for you with a compassionate staff
• 13:08
  Speaker 1: that approaches each and every service and every visitor with
• 13:11
  Speaker 1: warmth and dignity in a deep respect. Peacefully maintain grounds.
• 13:15
  Speaker 1: It is beautiful place for prayer and reflection and remembrance.
• 13:18
  Speaker 1: You are all welcome to enjoy the benefits of Gaateo
• 13:21
  Speaker 1: Heaven Cemetery for that. It's also an opportunity for you
• 13:24
  Speaker 1: to learn more at Gateohaven dot org, where you can
• 13:27
  Speaker 1: explore pre planning options, service details, upcoming events, and learn
• 13:31
  Speaker 1: more about the mission and values that make Gate of
• 13:33
  Speaker 1: Heaven a sacred part of our community. Find them online again.
• 13:37
  Speaker 1: It's Gate of Heaven dot org. Fifty five car the
• 13:42
  Speaker 1: talk station, performance matters and intimate