Judge Napolitano - A Republic of Spies - podcast episode cover

Judge Napolitano - A Republic of Spies

Jan 29, 202513 min
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Transcript

Speaker 1

Forty five for the h I enjoy it twenty six overnight with clear sky. We got clouds building up throughout the day Tomorrow with rain showing up sometime after four pm and high forty eight. Heavy rain at times overnight, and it'll be widespread. Channel nine says thirty ninth to the well on Friday, we're gonna get sporadic rain. Cold front shown up sometime in the afternoon. High in the upper fifties. Right now thirty nine degrees. Time for a traffic update, Chuck Ingram.

Speaker 2

From the UCL Traffic Center. Expect more do you see help, more clinical trials, more treatment options for personalized care, more chances to get you back to being you visit U see health dot com. Reres and clear on southbound seventy five a few more minutes before the backups clear out. Still a bit heavy between Tythosville and Cincinnati Dayton and then out of Evendale through the lock when split inbound

seventy four, just a bit slow from Montana. Southbound seventy one is an extra fifteen minutes between Fields Irtle and Redbank. There's a wreck on Westwood just before you get to Harrison, coming up next to guest who is going to finish this interview and then head to Orbyando to represent the Giants in the Pro Bowl. Still unknown if the judge will actually be playing playing football or not. Chuck Ingram on fifty five k r SEND Talk Station.

Speaker 1

Eight thirty and fifty five kre CD talk station, Judge Editapolitano, I have no idea what the hell Chuck Ingram's talking about, which quite often is the case, is he introduces you to the fifty five Carcy Morning Show. Welcome back, my dear friend. It is always a distinct honor and pleasure to have you on my show.

Speaker 3

Well, it's always a pleasure to be with you, even if I don't know what the hell he's talking about.

Speaker 1

I have mentioned before and I am not accusing him of smoking weed, but it is legal in the state of Ohio now, so maybe that's an explanation, but we'll just let that sit. In the meantime, I am a fortunate man, not only because I get to talk to Judge Edita Polaitano and welcome him to you the listening audience. Everyone's at this time, but I get a column in advance. It comes out tonight at midnight as it does every week, and the column titled a Republic of Spies interesting and

excellent observations. As always, your honor, what's the story on this one, sir?

Speaker 4

Well, you know, one of the few good things that Joe Biden did was to warn the country about something called zero click. Oh yeah, which is you and I talked about this, and then he banned zero click from being imported into the United States used in the United States. And he ordered the FBI, which had purchased zero Click, which I'll explain in a second under the Trump administration, most likely without telling President Trump, he ordered them not

to use it. And it is stored sounds like the Sopranos. It's stored in a warehouse in New Jersey. Zero click is an insidious piece of software that allows the possessor of it to enter your electronic device without you having to be tricked into clicking onto a link.

Speaker 3

Okay, so far, so good.

Speaker 4

What's bad is that Donald Trump, who was victimized by zero click, has told Benjamin Natanyahu he's going to lift the embargo on it and the Israeli company can begin selling it to American governments.

Speaker 3

This is an absolute violation of the Fourth Amendment.

Speaker 4

It's shocking that President Trump, who was victimized by all of this the first time.

Speaker 3

Around, would be doing it.

Speaker 4

Well, that's where we are, and that's what leaked out last week, and that's why I wrote it.

Speaker 1

Now.

Speaker 4

You're not going to see this in writing anywhere. This is part of a side deal between the American negotiator, Steve Whitcoff, and the Israeli Prime Minister to induce him to accept the so called ceasefire between Hamas and Israel.

Speaker 3

Don't worry.

Speaker 4

When this is over, you can resume selling zero click, which is a big deal to the Israeli government and a big deal to Israeli industry and is devastating for American privacy.

Speaker 3

It's devastating for privacy in the White House. They can use zero click on Trump himself.

Speaker 1

Do you know the motivations Trump has to lift this ban? Because I mean that the Israelis could sell it to us. They have other allies in the world they could just as easily sell it. I don't know the French government or something, which means everybody is open to having this thing exploited.

Speaker 3

I don't know why zero click entered the picture.

Speaker 4

I do know that mister Whitkoff, a billionaire real estate developer, enormously successful, and who's negotiating skills obviously have impressed the President did put together the ceasefire in the last minute of the Biden administration. Mister Widcoff accomplished more in a week than Tony B. Lincoln and company were able to accomplish in two years. However, they must have needed something

to cushion the blow. Prime Minister Nettigna, whose people must have asked for this and without realizing the catastrophic consequences of it. The Trump people, and again this happened before he was president. The Trump people said, yes, I don't know if he has yet lifted the embargo, but he promised Prime Minister Netzahu, who's visiting here next week, that he would do so.

Speaker 1

In whose hands would this nefarious software reside, It's CIA, NSA, it TSA, and what lettered agency of government would have control over this if it's back in Probably probably.

Speaker 3

All of them.

Speaker 4

But what provoked Joe Biden was when he learned that the FBI purchase this, and then Chris Ray admitted they were purchasing, but denied they.

Speaker 3

Were using it.

Speaker 4

He said, we purchased it in order to see how it works. Well, nobody really believed that at all. He actually said that in testifying before Congress. Biden didn't believe him. The members of Congress didn't believe him. Biden ordered the FBI not to use it. He should have ordered them to destroy it. It's not destroyed, as I said, It's

in a warehouse in New Jersey. Anybody in the government that gets their hands on this will have instantaneous access to the contents of your digital device, whether it's a mobile device, a.

Speaker 3

Desktop, a laptop, or a mainframe.

Speaker 4

Anybody in the government that has access to this will also have access to anybody else's digital device, including the President, the head of the FBI, the Secretary of State, the Attorney General of the United States. There is no yet known way to resist zero click other than by banning it.

Speaker 1

Well, it's bad enough that they can get that information without a warrant, And I guess the only consolation we have on this is that they wouldn't be able to use information acquired by zero click unless they had a warrant and then use zero click to get the information off of our devices. But the predicate for that would be a warrant. So if they gather information and they endeavored to present it in a court of law, you could move to suppress it on the grounds that they

violated our Fourth Amendment rights. But I view that as a small yes.

Speaker 3

Yes.

Speaker 4

Last week, a federal judge in New York suppressed evidence that the FBI acquired under.

Speaker 3

Section seven two. Seven two is the section.

Speaker 4

The five so that it allows warrantless spying on foreign persons and the Americans with whom they communicate, and then it puts all of that in the database and it allows the FBI access to the database. If federal judge ruled that FBI access to that database without a search warrant is a violation of the Fourth ammbents the first time I'm aware of the suppression of any evidence obtained in that way. So maybe things are beginning to turn around, but not if zero click becomes.

Speaker 1

Prevalent well in addition to information. And I'm glad you brought that case up because when I saw it, I was hopeful that you and I might have a conversation about it, because we have been waiting and waiting for an opportunity for someone to make that exact argument in court, the problem has been standing or in your particular case, because you know that they've used fives that to spy on you, for example, they haven't tried to use it against you, so you don't have a vehicle to go

to court to argue that it's unconstitutional. But I was happy to see that decision. But does that also not point out that there has been a civil rights violation and they could sue the government for a civil rights violation and maybe get some maybe a symbolic compensation for that.

Speaker 4

Short answer is, yes, there are a massive civil rights violations. But again, if they don't attempt to use this evidence against you, you won't even know. The journalists who tried to commence a class action saying we're journalists, we know they're spying on us, and this is a violation of our civil rights. Those cases were thrown out and Supreme Court refused to hear the appeal because they don't have standing.

There was no injury in fact as yet. So because of this standing interpretation in the Constitution, the government must.

Speaker 3

Actually harm you first.

Speaker 4

Before you have the ability to challenge the means by which it acquired the evidence against you. But God only knows what they'll do with zero click. It just boggles my mind. Trump and Whitcoff must have just said yes to that without talking to any technical people, because this really really opens up Pandora's box. It opens up the President himself and his closest advisors to being spied upon by Masad by the FBI whoever has the zero click.

Speaker 3

Now, the zero click is not here yet.

Speaker 4

I don't believe the embargo has actually been lifted. He has promised to lift it. Congress should get involved.

Speaker 1

Someone might want to ask Telsey Gabbart about that, your honor anyhow well, yeah.

Speaker 4

You know, she continues to befuddle me. I don't know what's going to happen. Her hearing, I believe is Thursday.

Speaker 3

Yes, she has done.

Speaker 4

A one eighty on many of her protections of privacy. I don't know if that's enough to dissuade Republicans who are big government and in favor of spying from voting against her.

Speaker 1

Well, time will certainly tell you know, honest that Masade has this software and it works without anybody knowing it's being used. I mean, they're probably using it right now, you know, just because we aren't using it. They've got the technology. They're probably just tapping into anybody's phone calls and devices that they feel like they want to tap into.

Speaker 3

Well, no doubt.

Speaker 4

I mean from their perspective, it's efficient and inexpensive and flawless. They don't care about the fourth of moment. They're not the subject.

Speaker 1

To it, and they're in lies the challenge, Judge Enanopolitano, it's judging freedoms. The podcast. Got to search for that online, you'll find it. Who you're gonna be talking to today, your honor.

Speaker 4

Oh, I have a Professor Jeffrey Sachs and Colonel Douglas McGregor on today, two of my heaviest hitters, as well as Phil Giraldi and Aaron Matey.

Speaker 3

Oh.

Speaker 4

And at eleven o'clock this morning Eastern Live from Ukraine, Patrick Lancaster, the independent American journalist who goes right into the belly of the beast. He just got back from Kursk. That's the area of Russia invaded by and still occupied by Ukrainian forces, although the forces are rapidly diminishing in number and effectiveness.

Speaker 1

Yes, heard about that yesterday from Daniel Davis, retired lieutenant colonel. They can't keep the manpower on the front lines and the numbers are diminishing, not looking very good for Ukraine. It's going to be interesting to see how that is resolved, if it is find Judge Ennita Polatano judging Freedom Online. Judge. Always a real pleasure to have you on the show, my friend. I thoroughly enjoy our conversation.

Speaker 4

Matter what Ingram says, it's a pleasure. I love these Wednesday mornings.

Speaker 1

We always let them know. Take care of my friend. We'll talk next Wednesday. Best of health. Hey forty one, right now, if you have cares the talk stays and don't go away. I'll be right back. Fifty five KRC, the talk station

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