The Channel nine first one to other hole cast today mostly excited to be windy though seven pm and after looking for some spotty showers, today's ygh forty two. That spotty shower turn into a wintery mix overnight. It's now possible it's going down to eighteen degrees Tomorrow's high twenty six because it's going to be greezy under sunny skys. It's going to feel more like fifteen overnight. Another cold night sixteen degrees, clear skies, sunny on Friday with aya
thirty four twenty seven degrees. Right now, it's about PERCD talk station Chuck Ingram Tier traffor.
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slows from there into the cut. Southbound seventy five continues slow in and out of Lachlan in South seventy one. You're offing on the brakes from two seventy five down to Red Bank. This is Santa's list Day. That is the day where everyone finds out if they're on the naddy or the nice list. A guest coming up next, I'm pretty sure he's on the nice list. The Judge's next, Chuck Ingram on fifty five krc DE talk station.
Now, who can argue with that? Eight thirty and a very happy Wednesday reminder, since I know so many people are tuned in right now because it's the appointment listening with Judge enital Polatano. It's listener lunch day, last day or last lunch of the year. We'll be at price deal Chili. Judge of Politano will not he is. I'm looking at him right now on zoom call. Welcome back here, Honor. You know how much I look forward to this. It looks like you're at a different venue today.
I am. I am. I'm in my office in New York City, where I will be for the next I don't know how long, slightly different schedules. You see me instead of follow shirt and unshaven with a coat and tie and clean shaven.
Look, you're looking great. I'm sure you've got a whole lot on your plate, as you typically do. And we'll find out what's going on with judging freedom coming up at the end of the segment, as we always do. But this one, I've been calling all morning an upcoming
constitutional law lesson. We're going to be We're going to be engaged in a deeper die because when I read the topic, or when I read your columns heading, you captured the column three cheers for Hunter's pardon, and I started worrying, because you know, every once in a while my listener's perspectives on politics and life will come into a measure of disagreement with the judge, like I can't believe he said that. And I'll defend you all day long.
I'll defend your position even if I disagree with it,
because we engage in a thoughtful conversation. And I wasn't expecting you to back up to where you went when I was starting to read the column, and the point being fundamentally the original point that you make regularly one that the foundation, the highest law of the land in our country is the Constitution, and it limits the size and scope of government, so much so that Hunter Biden shouldn't even have been charged into these because they don't
have the authority for the various charges like, for example, the Second Amendment. You shouldn't have to fill out a form to have your exercise your Second Amendment. So go ahead, I mean you please.
So there's two charges here, I mean, first of all, and no one can really analyze what's going on in Joe Biden's brain. I don't know if he knows what's going on fair enough in his brain. This is obviously Joe Biden, the father over Joe Biden, the institutionalist who were railed against the concept of pardons, who railed against
Gerald Ford's pardon of Richard Nixon. There are, of course, just by way of background, two classes of pardons, one for a specific crime, and one a broad form for all crimes that you might have committed, whether charged or uncharged, whether known or unknown. That's the pardon that Ford gave to Nixon, That's the pardon that Joe gave to Hunter. But the crimes for which he was prosecuted, you and
I would not have been prosecuted for them. The tax crime he actually paid the taxes with interest and with penalty, and they still prosecuted him because of pressure the Republicans put on the Justice Department the gun crime. Under the Supreme Court's ruling, the current gun laws are supposed to reflect what they were in seventeen ninety one when the
Second Amendment was adopted. In seventeen ninety one, you could smoke all the hemp you wanted and still carry a sidearm proof George Washington and Thomas Jefferson were millionaires by selling hemp.
Yeah.
Yeah, I think he can't make this upright.
No, and at some point and maybe we can just look at that one specific issue, the FFL form you have to fill out, and also the barrel length restriction rules. You know, you have to have a special license for
short barreled rifles and all these layers of laws. I am wondering whether now we have with the current you know, the Brewin decision and the others, if we have this opportunity now for someone, for example, Hunter of Biden could have defended himself and said, no, this FFL nonsense, even though I was stoned out of my mind and I
lied on the form. This FFL nonsense is unconstitutional on its face because none of it existed at the time the Second Amendment was acknowledged by the Bill of Rights, and ergo, you can't put that kind of impediment in front of me when I'm trying to exercise my Second Amendment rights.
So the standard definitions of crime, you know this, I know this, many of your listeners probably do, has three requirements. One that the crime is promulgated by a legitimate authority that has the authority to make the event a crime. Two that there was harm. Three that there was a victim. There was no harm here. The gun that he bought, he had his girlfriend throw away in a dumpster before it was ever even fired. There was no victim here.
I suppose the government would claim it was a victim because he lied to the government, But the government can't show that it was harmed by its victimhood. And then we get back to where we started, Brian, does the Congress have the authority to make these things a crime? This will scandalize the public. What I'm about to say. You know this, and lawyers know this, and students of
the Constitution know this. The Constitution authorizes just two crimes, debasing the money supply, you know, putting out a coin that's half gold and half pewter and claiming it's all gold and getting the full face value for it, debasing the money supply, and then that coin is out in the money supply. And treason, which is defined in the Constitution as giving aid and comfort to the country's enemies
or waging war against against the States. How many crimes has Congress created five thousand, one and ninety nine and only two of them are authorized by the Constitution.
And that's why I said we were going to law school today, because you know, a lot of people said, well, listen, anybody else on the planet, we would be prosecuted if we had that many suspicious activity reports on our multiple bank accounts with money flowing three the inflowing from from foreign governments into our own personal hands. They would have investigated us had we done something like that. They wouldn't have slow walked the IRS investigation to the point where
they let the Statute of limitations run. They'd have been all over us like white on rises. My dad used to say, but to your point, there are five ninety nine federal crimes on the books now, only two of which really are legitimate under the limitations of the Constitution, the balance are in the hands of the states. The states, as you acknowledge in point out in your historical review, the in the column, would be responsible for prosecuting anyone who violated the law.
Correct like the Whiskey Rebellion, where a bunch of farmers in western Pennsylvania in seventeen ninety one to two three and four refused to pay an exercise tax on whiskey because they needed to sell the whiskey to stay alive and operate their farms, and they resisted the tax collector with violence. They were prosecuted in a Pennsylvania state court. Two of them were prosecuted for treason. How can failure
to pay a tax be treason? Well, they persuaded a federal judge that using violence against the federal tax collector was the moral equivalent of treason. They were convicted and George Washington pardoned them in the first pardons presidential pardons in American history. Now there was a downside to this
to Joe not to Hunter. Last week. If Hunter was dragged before the House Oversight Committee and sworn to tell the truth and said, and they asked him, did you funnel money to your father from Barisma when he was Vice president of the United States. Answer. I refusually declined to answer on the grounds to the Fifth Amendment right. To ask him that question tomorrow he has to answer. He has no Fifth Amendment right. By accepting the pardon, he gave up his Fifth Amendment rights.
And ergo, he could be a witness in some future prosecution related to some criminal activity on a federal level. Because this pardon only absolves him of federal crimes state crimes, it does not involve ergo, he could be still criminally prosecuted in a state had he done something during this window of time.
I don't know. Go ahead testimony, of course, could also be used to embarrass humiliate the father. It's too late to prosecute the father. Let's say that Joe was bribed just hypothetically when he was vice president. The statute of limitations is five years, so it's too late to prosecute him. It's not too late to impeach him even after he leaves office, and of course it's never too late to
tarnish his legacy. But his own Justice Department said, he's a dottering old man and he can't put him in the defense.
Chair, and given his age and his obvious health issues, it could be that, you know, God rest his soul. Joe Biden's not around for a long time. Hunter Biden may very well find himself in need of money, and Ergo could write memoirs and expose everybody and everything that's gone on in the name of making literally millions of dollars correct.
Correct. Most of the people that I interact with are furious about the pardon because they hate the father and they hate the son, and they think that the father it's a crook, and he helped the son get away with being a crook. But all of that is a legitimate opinion that is widely held. My analysis is based upon what I suggest and argue is a prudent reading of the Constitution, a Madisonian reading of the Constitution, which
says the Constitution chains down the federal government. Congress can't give itself the power to enact laws that the Constitution doesn't authorize it to an act.
Well, I can only wait for the day when someone can raise these arguments, have standing to raise them, raise them in a federal court, and maybe make it up to the Supreme Court, who would say, you know what, after two hundred and fifty years, You're right, this is gonna stop real quick. I just got to read this line of the judge who is dismissing the uh. I believe it's the tax case. And apparently the pardon wasn't properly filed. So he made a point about the appropriate
nature of the filing. You know how courts aren't judges are with eyes properly being dot and teas cross. So yes, I'm going to dismiss it when it's properly filed with me. But he had this today, had this to say, and I thought it was rather funny something for the following discussion. The court assumes the pardon is effective and we'll dispose
of the case. The Supreme Court long has recognized that, notwithstanding it's nearly unlimited nature, the pardon power extends only to past offenses, which to me sounded like this sort of perception that Hunter Biden was going to go back to criminal activity on a going forward basis.
Right, imagine if you could pardon someone into the future.
My god, judge edit of Politano, I always love our conversations. Thanks for taking everybody to law school today and reminding us that the Constitution is a limiting document. Enjoy yourself in New York, if that's possible, and have a wonderful week, and I'll look forward to next one day, Wednesday, and another great conversation with you, sir.
Right right back at you, Colonel Douglas McGregor. Yeah, on Judging Freedom today. What's going on in South Korea? And why is Joe Biden continuing to extend the war in Ukraine to dump it into Donald Trump's lap.
I think you're right on that one, sir. Can't make heads or tail out of that debacle. We're looking forward to checking out your podcast, Judging Freedom. Search for it where you find your podcast, and tune in every Wednesday at eight thirty for the Judge. Here in the fifty five KRS Morning Show, Love you my friend.
Back at you, Brian, Thank you.
It's a forty two here fifty five KRC, the talk stations stick around, got a little more talk about right back.
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