Judge Napolitano - Holes in the Constitution

Time for the nine first went to one of orcass. We have a cloudy day to day, I think it is, although I'm looking out the part of the window there not too cloudy anyway, It doesn't matter. Slight chance of rain is all we got in highest seventy five clouds every night it'll be dry and fifty four for the low tomorrow. Maybe scattered shower out there, but otherwise it's just the mostly cloudy day with the highest seventy. Partly

Certainly you see how traffic center when it comes to stroke, every second counts. That's why you see Health as the clear choice for a rapid by saving treatment. Learn more at you see health dot com. Southbound seventy five better through west Chester. Still heavy in and out of Lackland with two accidents, but both are over on the right shoulder. Now northbound seventy five. That's a slow go between Turfighting Town and southbound seventy one you're now off and on the breaks between Fifer.

And Red Bank.

It is National Tourism Day, So if you're going to take the tour past our next guest house, just know that the gift shop called the Napshack is closed until the completion of the interview. The Judge's next Chuck Ingram on fifty five KRC the talk.

Station A thirty.

That was a good one, the Knapshack.

Yeah, he is a a piece of work.

He is a piece of work. Out Good morning, Brian, what a pleasure to beyond with you. Thank you for that.

Yeah, we gotta give Chuck Ingram props. Every once in a while he just goes sort of off on rap rails, But that was kind of cute anyway. Judge Eddapoulatana on the FTY five Casey Morrey show every Wednesday at this time, and I thoroughly enjoy our conversations on any subject matter. But I am a lucky man for the privilege of getting an advanced copy of his column, which always comes out at midnight tonight. Holes in the Constitution is the caption or headline on it, and one of my favorite

Right, I mean, right after Nixon resigned, the Congress appointed the Church Committee, which was one of those rare committees of both members of the House and members of the Senate, to examine the extent of domestic surveillance under the Nixon years. It uncovered all kinds of things that none of us knew about, but for our purposes, it revealed that President Nixon had ordered the CIA and the FBI to engage in surveillance.

Without any kind of warrants whatsoever.

The result of that was the Foreign Intelligence Surveillance Act, which purported to codify the circumstances underway which the US could spy in American citizens by going to the Pisa Court.

Of course, they lowered the constitutional standard.

They can't tamper with the Constitution, but they did it anyway, from probable cause of crime to get a search warrant, to probably cause of being a foreign agent to get a search one that by the way. It's not in the article, but that, by the way, was also watered down to probably cause of communicating with a foreign agent. And that was watered down to communicating with a foreign person. That's if I call my cousins in Florence or a bookshop in London, and.

Well, I'm already probably under surveillance.

But if I did that, that would be enough for NSSAY to go to the vice Accord and get a want to surveil me because I communicated with a foreign person. That's how far afield we have come from the constitutional norm. What the article reports to reveal and complain about is that when this system was begun, there was a wall of separation between the intelligence community and law enforcement. So if this rampant unconstitutional spying unearthed evidence of crimes, it

Warm way go through all that trouble.

When your cousins in the NSA and the CIA will spy for you anyway.

That's where we are today.

And Trump, who was personally victimized by this in twenty fifteen. In twenty sixteen, we all remember that not has not put a.

Stop to it.

And I understand all of that, and I guess I have to go back in this slippery slope that you explained very very succinctly on how we went from probable cause of a crime to just communicating with a foreign person, but a foreign agent. I guess that in and of itself could be loosely defined. I mean, how do you define a foreign agent for the purposes of the original Phiza course, But also was this watering down that you

Yep, but that is a fabulous question, Brian.

It was done by DOJ lawyers persuading the Phisi Court, which meets in secret and whose records are secret, whose judges are searched when they leave leave the courthouse to make sure they're not taking any records or files with them, whose mobile devices are scanned by the litigant before them, the NSA. All of that was done by the PISI Court itself, not by the Congress. So it is a dastardly secret whole blown into the Fourth Amendment by federal bureaucrats and gutless federal judges.

How do you get on the FISI Court.

The PISA Court is made up of thirteen Federal District Court judges. They don't sit in a panel, they sit individually, They rotate, they rotate through and they're appointed by the Chief Justice for the most part gutless. They've become gutless tools of the intelligence community.

Well, I guess on some level we've sort of reverted back to ignoring the Fourth Amendment, playing and simple. But then again, j Edgar Hoover engaged in this kind of act the entire time he was at the FBI, right, and he gathered files and spied on politicians and presidents and everybody he could get his hands on.

Yes, he used it for blackmail purposes, but he was smart enough to know at least after Matt versus Ohio in the early sixties, and he wasn't going to get this into evidence in a courtroom today, of course, federal agents have come of age. A whole generation of federal agents has come of age since nine to eleven, twenty four years ago, and that generation has been taught spy first, worry about.

The Constitution and the statutes later.

And every year it gets worse and worse because the Feds rely more that the federal law enforcement relies more on federal intel. If you think I'm exaggerating, this report is public. It's a nine hundred and six page report written by the Trump FBI first term Trump, revealed by the Biden FBI given to Congress at the tail end of Biden's term, and nothing has changed.

And in this.

Report, the Trump FBI reveals how it relied on CIA and NSA to do domestic spying for law enforcement purposes.

Did anybody complain?

You have the usuals complain, Ron Paul complained, Ron Widen complained, Paul being the libertarian, widened being the progressive that monitor civil liberties abuses.

Where did their complaints go?

Some buried somewhere in the congressional record that said everybody looked the other way.

Well to the extent of prosecution for criminal activity arises as a consequence of their unconstitutional listening into our conversations. That's evidence that was obtained a violation of our civil rights, notably the Fourth Amendment, that could be suppressed. But what you're telling me is once it's referred to law enforcement, law enforcement then knows about this alleged criminal activity and then begins to build a case seemingly independent of that

Well, there's two ways they do that.

One is called what you've just described parallel construction, where they will re engineer a route back to the evidence by seemingly lawful means. The other is outright deception, by just passing the evidence from person to person to person the person so that the prosecutors in the courtroom do

Yeah, and it hasn't.

Changed under the Trump DOJ or the Trump FBI, which is what provoked me to write this piece.

Well, and also didn't change into the Biden administration. I'm sure this was going under the Obama administration. It sounds like it's been going on for decades and decades even prior to FIZA was as the Jagger Hoover point.

Well, the spying has been going on since the original patriarcht Now you're always was spying, but it became rampant to the point and technological technologically feasible after nine to eleven. Holding up my iPhone, I don't know if you can see it, whereby the fence can monitor every keystroke on every mobile device and every desktop and do so without even the charade of a warrant. Now, this produces so much information overload that they can't possibly monitor.

It in real time. But it does exist if they want to go back and look at it. Where it is in Utah, where.

The largest office building on the planet, the largest structure on the planet, bigger than the Pentagon.

And where in public doesn't even know this. The government built this monstrosity in Utah.

To hold all the computer chip information that the intelligence community gathers on Americans every year.

Well, and now you're on it. We have artificial intelligence and supercomputers, so you know the fact that they can't they deal with information overload. Maybe it was just up until now an AI can be put to the task of rifling through all those unconstitutionally seized texts and information and get the root of whatever they think they're looking for. It's frightening stuff, and again it's all in violation of the Constitution.

Well, if they could type in Brian Thomas, Judge Napolitano and just pick a date in any Wednesday five years ago and they'll get immediately the transcript of what we said. Now, that's not a good example because what we set us already public.

But if you and I were on the.

Phone on a given day in a non public environment and they want the transcript.

Of that, they can get it.

Scary stuff, but stuff we all have to know and enlighten us. And hopefully there'll be an uprising and a demand from the populace to change things. But I'm not waiting around for that because apparently nobody knows the Fourth Amendment or the Constitution. Generally, since they've taken civics classes out of schools, people are no longer insulted by this type of trampling on our right to be free of unreasonable searches and caizars. Judge Andrew Nepolitano, Obviously, enlightening went

You, Brian, thank you for these wonderful conversations and this opportunity to discuss these very important issues. I trust that your audience appreciates them. I know they appreciate you.

All of us.

Thank you, brother. We'll talk next week. Have a great week between now and then eight forty two to fifty five KC detalk station. Corey Bowman's going to join program came in second yesterday. He's on his way to a runoff with Mayor aftab Pervoll. In the meantime, chimneycare fireplaces. So I've got two things going on, two opportunities for you. One for literally everybody with a chimney of any type. Call for the free exterior valuation. Protect your chimney from

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