Judge Napolitano - Taking the Constitution Seriously - podcast episode cover

Judge Napolitano - Taking the Constitution Seriously

Apr 02, 202513 min
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Transcript

Speaker 1

Time for the nine verst Wetherforcass wind advisory begins at ten am. It's going to be a windy day to day, extremely so seventy eight for the high The rain shows up around nine pm. A floodwatch begins at eight pm. The lasts all the way through Sunday, along with that heavy rain in Torrential Downpourse fifty nine. The overnight low rain will continue tomorrow with the highest sixty eight. Scattered showers overnight with the lower fifty three. Friday, more storms

and rain at a highest sixty. It's forty nine degrees right now. It's time for a traffic update. Chuck Ingram Highway.

Speaker 2

Traffic continues to improve, although there is a new accident. He's found two seventy five at seven forty seven. The right wing is blocked off. Traffic backs up a bit towards Winton southbound seventy five. Heavy get is through Walkland southbound seventy one at an extra eight minutes between Fields Thirdle and the Reagan Highway northbound seventy five. Heaviest out of erl Linger into the cut in the hill coming up next. It's one of my most favorite days of

the year. It's P B and J Day, So why not celebrate today with a couple of peanut butter and jelly sandwiches. I can't wait at a tall glass of milk or but Judges next Chuck Ingram on fifty five KRC, the talk station.

Speaker 1

Sometimes better than others.

Speaker 3

Where he really outdoes him himself.

Speaker 1

Judge, Yeah, you're the only person in the world. He tailors his traffic reports too. You have to understand that. And as I mentioned before, it's such.

Speaker 3

A letdown when he said my favorite I thought he's gonna say my favorite day of the week, and it's his favorite day of the year peanut butter and jelly sandwich in the news room.

Speaker 1

Well, you know, I can always say it's my favorite day of the week. I always love our conversations. I love your fundamental, profound appreciation for the founding document of our country, the Constitution United States of America, and of course the Bill of Rights, God given and rights not created by government, but given to us by virtue of our being. That government did not give to us, but the document protects us from government having trying to take

them away. But that pesky constitution, you'r honor that pesky Constitution, Your honor is not expedient politically. It requires you to go through certain hoops in order to preserve and protect those fundamental rights. And when you have to do nothing, Congress and does nothing but bicker and argue and can't get things accomplished by way of legislation, it empowers the executive brand to do exactly what we're talking about today.

Your column Taking the Constitution Seriously, which comes out tonight that I'm lucky enough to get an advanced copy of Judge Annapolitano.

Speaker 3

Well, you know, I was furious at the comments of Caroline levittlate and forceful defender of the president, she's his press secretary, saying that because an individual is a bad person, he can be deported. Well, we don't operate that way, and we haven't operated that way since seventeen seventy six when we struck a match that started a war against Great Britain based on the Declaration of Independence, and then again in seventeen eighty nine when we ratified the Constitution.

A person is not worthy of punishment of any sort until after due process. This government doesn't seem to care about that. That's problem number one. Problem number two much of these punishments, and they are severe, sending someone to a hellhole in El Salvador, which would be illegal and unconstitutional in the United States based on speech which is protected from federal evalue eation or insulation or interference or

retribution by the First Amendment. These are very dangerous times when the government thinks it can get away for it. And thank God for federal judges who are doing their best to interfere with it. I say doing their best. This administration doesn't even follow the orders of federal judges.

The guy who was living peacefully with his American wife and American born children in Maryland, working several jobs and paying taxes was just swooped up off the streets by massed men who were agents of the Department of Homeland Security in defiance of the order of a federal immigration

judge not to deport this person. The federal immigration judge held a hearing and concluded that he is a valid recipient of asylum escaping gangs in El Salvador, whereas he now he's surrounded by a gang in El Salvador, in a prison where people are stocked in like sardines.

Speaker 1

Lawful resident of the United States not a citizen, but a lawfully here person. Now, you know, many of my listeners probably completely and wholeheartedly disagree with the words he uttered. But you know, I have to listen to words being uttered on national news that I wholeheartily disagree with every single day. Because you get a one sided journalistic perspective, and I am a libertarian minded person and disagree with their big government approach to life. They can say whatever

they want. We talked about Brandenburg multiple times over the years with you about you can say some terrible, hateful things in public, but it doesn't subject you to arrest.

Speaker 3

You know, to our conservative Republican friends, which is probably the base of your listening audience, a listening audience that I respect and admire and enjoy the privilege of appearing in front of on Wednesday mornings, this is very dangerous stuff. Just think if Kamala Harris had been elected president and began locking people up because of the speech that your audience loves. We now have a president who's locking people up because of the speech that your audience hates. Which

is why the speech we love needs no protection. The speech we hate needs protection, And that's why the First Amendment keeps the government out of the business of evaluating speech. Whether the president is Donald Trump or Kamala Harris, George W. Borshow Barack Obama, none of them has any right to evaluate and punish speech in America. You can say whatever you want, and the First Amendment protects everyone here, even those unlawfully here. In the case we're talking about, he's lawfully here.

Speaker 1

Haven't we been down this road before the McCarthy era, for example, I mean, they were hauling people in front of Congress and accusing them of being communists And you know, no communist to my no supporter of the Communist Party am I. But you know what, if you want to be a commune the United States of America, you're free to do that.

Speaker 3

Correct. We have not seen punishment for speech, or, in the case of my alma mater, Princeton University, punishment for silence the refusal to condemn the anti Semitism to satisfy the executive branch of the government. We have not seen this level of interference with speech in America in nearly seventy five years since the McCarthy era, which is early nineteen fifties.

Speaker 1

Well, pivot over to speech versus conduct. And I understand the point about free speech, and you can have you can go scream free Palestine or you know, get rid of Israel all day long, and that is protected. But the minute you start engaging in acts of violence or interference against your perceived foe, in this case Jewish students, that can be something that is worthy of stopping or protecting. So there's sort of a fine line between what's protecting and what isn't.

Speaker 3

Well, you're exactly you're exactly correct. No one unless you're in the business of starting a revolution, would defend violence against people. If you're going to engage in violence, you better win because if you don't win, you're going to go to jail, because violence is a crime. Now, some violence has a happy ending, like the American Revolution, but if we had lost that, Jefferson and his buddies would have been hanged. Yes, so when you strike at the king,

you must kill him. But speech that encourages and succeeds in encouraging violence is not protected under Brandon birth. None one of these people has been accused of that. None. They've all been accused of either behavior in which they engaged before they came here, like this guy from Maryland or words that the Fed's found offensive, like the professor of medicine at Brown, the Columbia student, and the Tuft student.

The Tufts student was particularly repellent because her arrest by and her screaming because she didn't know what was happening. I don't know why. Why do they show up in civilian clothes and with masks on? Why do they have to terrify you know, this is a young woman who had just fasted for a month through Ramadan, who was going to the celebratory breaking of the fast when they just whisper into a van and shipped her to Louisiana. Well, well,

this is not America. This government does not care about due process. The premise of the Constitution, the premise of the Fifth Amendment is that no government can be trusted to prosecute and punish the right person, which is why everyone, everyone is entitled to a hearing before the government interferes with life, liberty, or property. Brian, you get a hearing

before they take your driver's license away. You're certainly titled entitled to a hearing before they whisk you from your home to a hellhole.

Speaker 1

Yeah, well you didn't call looking for an argument. That's you and I are the eye to eye on that one. Now, let's real quick here in the remaining moments, we have the guy who went online on social media and was telling people to shoot ICE agents. Kind of get into a close call on that one. I mean we do have time as a close.

Speaker 3

Call, Brandenburg. The case that you mentioned a unanimous opinion still controlling law taking place in Hamilton County, Ohio. I think I have the county right. Yeah. Says that if there's time tim for more speech to rebut the offending speech, the offending speech is not I cannot form the basis for a prosecution. So if this nut job says shoot ICE agents and there's time for somebody else to say, wait a minute, what are you crazy? His speech is protected.

If there's no time, if somebody here's that speech and shoots ICE agents, he can be prosecuted. That's the lesson of Brandenburg.

Speaker 1

It's always tough call when you're coming to the constitution, and again I think they just fall back on it's politically expedient to just violate the Constitution, and that's why it's quite often gotten away with judgent to Paul the.

Speaker 3

President, the president and I know him and like him, and to share my any of his views is out of the opinion that because he had eighty million votes for election or reelection, his words can trump the Constitution. No pun intended, trump right. Nobody can trump the Constitution. The constitutionist the supreme law of the land. He took a public oath and even signed one to preserve, protect, and.

Speaker 1

Defend it, as did every anti gun confiscating Democrat who wants to take away our Second Amendment rights. Same thing applies across the board. Judge Enna Politano, Judging Freedom's the podcast look forward. Are you going to be talking with today? Your honor?

Speaker 3

Thank you with Brian, always a pleasure. I have a Pepe Escobar from Yemen today.

Speaker 1

Oh wow, Bill.

Speaker 3

GERALDI, Max Blumenthal, Aaron mate, all of my long ball hitters, so to speak.

Speaker 1

Always a good listen Judging Freedom you can find out wherever you find your podcast, you can always find Judge Eneral Politano right here on the fifty five careasee morning, sure every Wednesday at eight thirty. Have a blessed day, my friend. I look forward to expert.

Speaker 3

I catch it Ryan, Thank you, my dear friend, all the best.

Speaker 1

Thank you, eight forty two ffty five cares of Thetalxation, Peyton's Lemonade's Coming Up Lemonade stands coming Up, great charity and just a wonderful, wonderful thing they're doing. We're gonna be talking with them in the next segment. Stick around fifty five KRC

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