Judge Napolitano - Trump War and the Constitution - podcast episode cover

Judge Napolitano - Trump War and the Constitution

Jun 18, 202510 min
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Transcript

Speaker 1

Here. It is your Channel Line first morning weather forecast. It's gonna be mostly cloudy day and very humid. They're saying, got isolated storms between noon and five, severe storms between six pm and midnight. Today's high eighty six overnight, mostly cloudy skies. You could see a few showers. That'll drop to sixty nine degrees. Little more cooler tomorrow with the high of eighty degrees. Not as humid as well, but still some isolated showers as storms of possibility over Thursday night,

clear skies for the most part, sixty four for the low. Friday, a partly clotty day, and the heat rolls in. We'll go up to eighty seven and look at it nineties over the weekend through Monday, seventy four degrees. Right now, time for a traffic update, Chuck Ingram, No, we're not going to do that. Why because Judge ed apolitanoism there. Joe sent him the link. We've got the column. He even responded to Joe's email with the link. So normally I'm looking at him on zoom and sadly enough Judge

and Politano not there. Anyway, I can still tell you what he wanted to talk about. Trump war in the Constitution. So, in the absence of the Polatanom, I can give you an advance reading of the column. As the United States becoming President Trump recently condemned, can the President fight any war he wishes? Can Congress fund any war it chooses? Are their constitutional and legal requirements that must be met before war is waged? These questions should be central to

debate over the US involvement in Ukraine, Gaza, in Iran. Sadly, there has been no great debate mainstream media or mouthing what CIA is telling them, and only a few websites and podcasts are challenging the government's reckless, immoral and illegal, unconstitutional wars. And I talked about this all morning. Here's the backstory. All power in the federal government comes from the Constitution and from no other source. Congress is restrained by the Constitution and by treaties to which the US

is a party. Congress cannot legally declare a war on Russia, Gaza, or Iran since there are no militarily grounded reasons for doing so. Russia poses no threat to American national security, persons or property, nor do Gaza or Iran. Moreover, US is no treaty with Ukraine or Israel that triggers an American military obligation. Under the Constitution, only Congress can declare war on a nation or group. Last time it did so was to initiate America's involvement of World War Two.

The Congress has given away limited authority to presidents and permitted them to fight undeclared wars, such as the War Power Resolution of nineteen seventy three in President George W. Bush's invasion of Afghanistan in Iraq, which were done under an authorization for use of military force. Congress has not only not declared war on Russia or Gaza or Iran, and it has not authorized use of American forces in

those countries. Yet it has given the president a blank check and authorized him to spend it on military equipment for Ukraine and Israel. However it sees fit. President Donald

Trump came into the office promising to end America's forever wars. Instead, the United States continues to fund a war his predecessors entered into in Ukraine, the goal of which was to eliminate Russian troops from Ukraine and Crimea and Russian President Vladimir Putin from office, none of these objectives is realistically obtainable. In Gaza, the Israeli goal has been to remove by

death or force all Palestinians from their ancestral land. That goal, which is morally reprehensible and militarily unfeasible, has produced more than fifty five thousand civilian deaths, none of this to the benefit of the United States. In Iran, the President lulled the Iranians in believing that the United States was seriously negotiating with them, while the US intelligence assets planned and helped execute the Israeli attack on Tehran last week,

some of which murdered the negotiators. Is Iran, which US and intelligence Israeli intelligence have concluded has no nuclear weapons, as Israel does, the slightest threat to the US national security. The judge right it does not. We don't know how many American intelligence as officers or in Ukraine and Gaza Iran, but we know that they are there. This is something I've talked about with Daniel Davis before. During Trump's first term in office, the CIA built twenty facilities for its

officers and agents across the Ukraine. We also know that they're involved in hostilities since much of the US hardware used against Russia and Gaza in defense of and in defense of Israel, requires American know how to operate and maintain. Are American intelligence officers killing Russian soldiers, Gaza civilians and Iranian officials. The White House prefers not to answer. Yet none of this has been authorized by Congress. Now back

to the Constitution. The War Powers Resolution, which requires presidential notification to Congress of the use of American military force, is unconstitutional because it consists of Congress giving away one of its core functions declaring war. The Supreme Court is characterized that delegating away of core functions as a volative

of the separation of powers and thus unconstitutional. However, I gotta chime in, it has never been a Supreme Court case specifically involving the War Powers Resolution doing that, although you can certainly draw the lines from the other cases to the same conclusion. That's my words. Back to neapolitanum or over, the statute only applies to the militaria, does not constrain and require reporting the use of intelligence personnel to fight wars. Nevertheless, Trump has not informed Congress of

his intentions to use American troops violently. Yet he has used the Navy, the Air Force, and the CIA to attack civilians in Yemen at war crime, and he has soldiers out of uniform in Ukraine so as to perpetuate the Biden era deception that American boots are not there on the ground. Don't be surprised if Trump gives war powers Act Notice secretly to the Gang of Eight. Here's

a subset of the problem, folks. That's the Congress. Within the Congress, consisting of the chairs and ranking members of the House and Intelligence committees, and the Republican and Democrat leaders of the House and Senate, with which the President legally shares secrets. Just as Congress cannot delegate away it's war making powers to the president, it can't delegate him to the Gang of Eight. Oh there he is, Joseph Paulitano.

Are you there? His image is frozen. The Gang of Eight is antith antithetical to the government values informing them of whether or whatever violence the President is up to is done under oath of secrecy. What kind of democracy operates and kills in secret? Are you there, your honor?

Speaker 2

Yes, I am. My apologies the internet issues I kept getting kicked out somebody in Cincinnati, not you or a streker, doesn't.

Speaker 1

And he froze up again.

Speaker 2

Oh and again I'm back.

Speaker 1

Now, this is crazy. We didn't even run the Ingram report this morning since you weren't there, so we would be It would seem out of place if he introduces you and you didn't show up and respond, so we'll blame you.

Speaker 2

I was doing my best to show up, and from what I was hearing, it sounds like you were reading or.

Speaker 1

Paraphrasing complications arise again. I was, if you can hear me, I was, in fact reading your column. We were going to dress it on the fly during our communications. I got through everything except the last basically two paragraphs, Your honor.

Speaker 2

Yeah, well, you know it's a fascinating issue. Can the president start a war on his own? The short answer is no. The long answer is the list. Time Congress declared war was December eighth, nineteen forty one. We have fought about thirty six wars since then, none of which had been authorized by Congress, all of which had been paid by Congress. Congress is the culprit here. It will get damn it.

Speaker 1

We're plagued with problems here. There we are yeah, my proagies.

Speaker 2

I can call you on the phone, or we can give up the ghost until next week. After I get about thirty words out of my mouth, I get a sign saying reload.

Speaker 1

Well, I'll tell you what. Since we are pretty much out of our regular scheduled time and I got another guest after you, we'll just we can revisit this topic next week. It's an extremely important one, and I was really anxious to hear your comments about the War Powers resolution, because although you are right, the Constitution does not allow giving away core functions or delegating them. I don't know that that has ever been specifically challenged in court, the War Powers Resolution.

Speaker 2

It is not. And there's only two members of Congress who understand this, Rand Paul and Thomas Messy.

Speaker 1

Well, perhaps someday they will visit that. And I think you and I know what the logical outcome is, given Supreme Court precedent that it is unconstitutional. Well, Judgement Palatona, I obviously missed our segment today. We will hit the ground running next Tuesday, and I'll wish you the happiest and best of weeks.

Speaker 2

Maybe, yes, Trekker will let me on a.

Speaker 1

You can't even conclude ready, and we don't even get to aim and fire. Folks, don't go away. We're gonna hear from Michael McNamara his book, From Trauma to Joy. He'll join the program next. Really a great book for folks stuffering with trauma. Whether or not it's post traumatic stress is a consequence of combat and being in a war. But anyone out there who's struggling with trauma, it's got a great book to talk about with Michael McNamara. That'll be next fifty five KRC, the Talk Station

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