Fifty five Krsity talk station. He knows better than that. Of course, the comical comedian that Chuck Ingram is referring to Judge Ednapolitano every single Wednesday, with the exceptional holidays and vacations here on the fifty five Carssey Morning Show, something I look forward to every single week at this moment in time, Judge, welcome back, your honor.
It is always accurate.
Ryan, he was very, very clever today.
He has his moments. He has his moments.
Yeah, someday, if you are in town, the first Wednesday of any given month, that's when I do listener lunches. We meet at a random independently owned, family owned restaurant and all the listeners that want to show up are invited. We usually get about one hundred folks and it's a real wonderful fellowship exercise.
We just enjoy a.
Break from the routine and you know, share stories and enjoy each other's course.
That gathering that we did in the evening once were you interested?
Oh? Yeah, that was the I believe the Northern Kentucky Republican event. That's we're going back a lot of years, your honor, because that's when we are kind of met for the first time and you started doink.
I don't think Ingram was there.
No, no, no, no, no no. I believe that was by invitation only your honor. Any you start hanging out with check Ingram, you might ruin your reputation. You know how that goes anyway, As I always do, I am a lucky, lucky, lucky man to enjoy then advanced read of your column which comes out Wednesday night at midnight or midnight tonight, and the right to be left alone. You heard us start out with every breath you take there by the police, which is how your column is launched.
And you do mention the word free will.
And you know me.
Over the years, we've had many conversations over the concept of natural law, and that is one of my favorite subject matters when dealing when dealing with and talking about our freedoms, because it works out so well. Imagine the moment in time you're born into a world without government. You land in a field. You are free. No one is telling you what to do or how to do it.
You enjoy all the God given freedoms, the right to defend yourself, the right to dig land, feed yourself, nothing it's all built in right there from the outset, and our founding fathers knew that.
Our founding fathers knew it. It is the essence of the Declaration of Independence. It has codified in the Constitution in the ninth Amendment. Everybody from a school board janitor to the President of the United States, who works for any level of government anywhere in the US takes an oath to uphold this, and the government never does. Now,
I am not complaining about judges signing search warrants. Most judges are faithful to the Constitution and require the government to show probable cause of crime before they will allow the invasion of private property, like a federal judge did to Scott Ritter recently. My problem, and the Constitution's problem, is with a generation of federal agents who have come of age FBI, CIA, NSA, DA, BATF.
All those initials.
There are sixteen sets of initials, and they came of age being trained. Get the evidence first, worry about the Fourth Amendment later. This is the attitude that was imbued in them right after nine eleven.
Claim that everything.
You're looking for is to preserve national security, and you can avoid the Fourth Amendment. And if Oh, you just happen to stumble on something that criminal pass it over to the law enforcement guys. This turns the Fourth Amendment into a farce. And this is what we live under right now. To remind your listeners, whether you like Scott
RDA or not, he's one of my closest friends. When the FBI showed up at his house to seize three electronic devices up taking two truckloads worth of materials from him, they showed him while the seizure was going on, two years worth of printouts of his emails and texts, every email, every text he sent or received.
Where's the warrant for this?
They didn't have a warrant for it, So they either got it under some ruse by claiming it was a matter of national security and now they're going to use this against them in a criminal prosecution, or they hacked into his computer, which is a crime for which they prosecute people.
Indeed, well, that is I want to use the word orwelling again, that's just absolutely beyond the pale. Now, there has to be evidence in support a probable cause. If that evidence is like we go back to the fruit of the poisonous tree, or if it's unconstitutionally gathered, then you can attack the subpoena as being improperly issued because it's sprung from stolen, unconstitutionally gathered evidence. So is he going to go to fight that in court?
Well, of course he is.
I mean, I'm sure he's the first thing his lawyers, after they ask for the materials back, immediately that we're not subject to the search warrant. The next thing they will do is get a copy of the affidavits that were submitted by FBI agents to this federal judge.
The judge doesn't know what's going on. This has happened to me.
I'm sitting in a courtroom and my assistant says, you know you're the emergent duty judge this week, right who's here now?
I don't know.
There's three state police here who want to see you about a search warrant. They give you materials you believe, you swear them in. They tell the you swear and they tell the truth right there. You administer the oath in your courtroom with a court stenographer there. Yes, this is true. You read the stuff. Oh, there's definitely probable course of crime. You sign the search warrant they go
out and they execute it. Once, I was trying a murder by auto case and in the middle of the tr trial they produced some evidence and I said, how did you get this evidence? And I said, search more and they said search one. I said, what judge signed this search warrant given what we now know about it? Big smile on the prosecutor's face, Your honor, you did two and a half years ago. Let me see what you presented me. Then, let me see what I know now. I then and there, this is outside the presence of
the jury. Invalidated the search mark that I had signed two and a half years ago because they failed to tell me what they knew then, and I knew now because I had learned it in the courtroom, which totally mitigated, totally mitigated the idea that there was probable cause of crime and the place to be searched.
Is there an obligation under the judicial canons of ethics or anything else for a judge to look behind the veneer of that'sworn statement, like, wait a second, you got all of his text messages. I mean, okay, I see that they specifically provide probable cause if you've gathered them correctly. But here, let me go in extras to further and ask you what you asked the lawyer or the prosecutor in that follow up case, how did you gather these
specific text messages? Do they even walk through that step?
Well, you know they should not every judge does. Some of them are of the view that as long as there's a probable cause, if there's any other evidence to negate probable cause, tell it to the jury, because they fear that they are interfering with another branch of the government. But I am those who are a little bit more sensitive, of course, I don't do this anymore.
A little bit.
More sensitive to civil liberties would say where did you get this?
How did you get this?
I don't remember the facts of the case in which this happened. I just remembered thinking to myself, no judge would possibly have signed a search warrant knowing what I now know after a week of trial.
But of course all that stuff which.
They knew then, yeah, they kept for me. Now, you can't choose which judge to go to. It's whoever is the emergent duty judge. You call the clerk or the sheriff. If it's after hours. I had State police in my home once at three in the morning, and whoever has that assignment, you're stuck with that person.
Fair enough.
And then there's also the scope of the warrant which is limited, and they cannot on a limited search one for example, you go and we're looking for electronic devices, specifically cell phones, laptops, pads, computers, and then go in and haul everything out of that person's house merely because it's in there.
So it's so Ritter said to them, you have given me a receipt for my mobile phone, my desktop, and my wife's desktop. I want to receipt for all these documents. And they said no, well you know that this is not in the in the search warn and they said no comment and they left. So again, I don't know how this is going to end.
There are procedures to address this.
And you know, Benjamin Nathan Cardozo, the most quotable judge in American history, once said justice is determined by the personality.
Of the judges.
He was right, but that should not be the case. They should all be faithful to the Bill of Rights, and they should all look beneath the surface of what is presented to them.
It just breaks my heart. This is the America we live in, Judge of Polton, it really is, because that's certainly not the America that I thought I lived in, and it's certainly not the America that are founding fathers envisioned when they well memorialize these liberties, these rights that we are born with in the Declaration of Independence, the Constitution United States of America, the Bill of Rights, Judge, thepolitano judging freedoms where you find them online, Just search
judging Freedom and you just type into Polton you'll run right into it, face book, YouTube, wherever it happens to be. Who are going to be talking to today?
I have Colonel Douglas McGregor today at two o'clock. It's one of my heaviest titters. And at three o'clock CIA Agent Phil Geraldi. He's the one that George Bush threw out of the Oval office when he told Bush the Saddam Hussein did not have weapons of mass destruction.
Well, someday maybe we'll know where Kamala Harris stands on foreign policy, because the silence is deafening along those lines. And I know the leaders of Iran and Russia and China probably be pretty interested in getting a land a lowdown on where she is. Do you think it's a perpetuation of the last four years your on her.
Man, I hope not.
The last four years of foreign policy have been nothing short of a disaster. Twenty billion for genocide in Gaza, one hundred and eighty five billion for a losing war in Ukraine.
Nothing to be gained by either of them.
On the heels of quite a few what we would put in the loss categories, including Afghanistan, Judge and Napolitano. Always a pleasure. I'll look forward to next Wednesday. Already, have a wonderful week and best of health. You will be looking for you on judging freedom.
Thank you, back at you, Brian, all the best.
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