Judge Napolitano - When Presidents Kill - podcast episode cover

Judge Napolitano - When Presidents Kill

Jul 31, 202411 min
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Transcript

Speaker 1

Here we go night first one of the hole cast hot hot hot ninety five for the high with a one oh two heat index. Today, severe storms are very likely. I think after five pm. They're saying overnight showers of storms seventy three for a low heat in necks of one o seven Tomorrow on a high in ninety four thunderstorms are likely after two pm. Get more storms over night Thursday with a low seventy three and kind of on and off showers on Friday. If ninety it's seventy

three degrees. Right now, time for a traffic update, mister Chuck.

Speaker 2

Ingram from the UCL Tranfic Center. No matter the injury you see, help or the pedix sand sports medicine redefines me. Covering you get you back to doing what you love. Call five one, three, four seven, five eighty six ninety northbound seventy five continues slow out of Florence into the cut rain nutt helping any there, then slow from Tylersville to an accident above one twenty nine before the rest area.

Speaker 1

There's three involved.

Speaker 2

There's an accident in southbound two seventy five before you get to Kilby Wet roads there too well would you.

Speaker 1

Look at that back off of vacation.

Speaker 2

Our next guest, I have so many questions for why is anything going on at the coliseum and does the Tower of Pieces still lean? The Judge's next I can't wait to be invited over to see all the videos. Chuck Ingram on fifty five KR seat the talk station, Hey.

Speaker 1

Thirty one fifty five KRCD talk station. Of course he's referring to the judge, Judge an Apolatano every Wednesday a least, but he's not on vacation.

Speaker 3

This time.

Speaker 1

We get to hear from the Judge and his thoughtful and insightful analysis, and his well his love of the United States Constitution, his faithful and faith and loyalty to it, unlike the vast majority of our elected officials. Welcome back from vacation, Judge Annapolton. It's always a wondering thing.

Speaker 4

Thank you, Brian, thank you, and Chuck Ingram, thank you for that generous introduction.

Speaker 3

It's a pleasure to be back. Way.

Speaker 4

Did I pick the two worst weeks in modern American history to try and relax on a beach? Oh, everything that happened from the attempt at assassination of Trump to the withdrawal from the race of the Biden, to the Internet being down for a week, to netting Yahoo addressing a joint session of Congress. It was one event after another, but life.

Speaker 1

Goroson it does, and I hope you had a moment to exhale and enjoy yourself. Am I looking at a tan is that? Did you get some sunway or there?

Speaker 4

Touch the sun sticks to my Italian skin, especially the Italian sun.

Speaker 1

Obviously you had nice weather. And I have to ask you because being the gormand that I am, the foodie that I am, was the food as good as I really expected it would be.

Speaker 4

You know, everything is fresh, even little small out of the way down an alley bistros, nothing as processed. Everything is fresh. The food was fabulous and it was really a terrific time. The weather was great. It was about eighty five degrees during the day, but no humidity except for one day in Florence. I took a train from a line down to Florence to meet some friends from Rome who took a train from Rome up to Florence, and we spent.

Speaker 3

The day together.

Speaker 4

It was literally one hundred and ten in the shade in Florence.

Speaker 3

Excellent.

Speaker 1

The food was Actually, my understanding is air conditioning is not as ubiquitous in Italy as it is here in the United States.

Speaker 3

It is now.

Speaker 4

There was a good time when it wasn't, but it is now. In fact, there replaces that believe it or not, we're too cold.

Speaker 1

Oh okay, okay, well nice, so nice to have you back. And it certainly sounds like you had a wonderful time. It's okay. It's we're nearly certain that that member that person's a member of a terrorist organization, so we're nearly certain that's enough for us to well end that person's life. I got it. I actually circled that standard because you know, no, there is no near certainty standard in the law for

people who actually care about the law. Interesting op ed piece when Presidents kill, which comes out tonight at midnight. I'm fortunate enough to have a be in advance.

Speaker 3

Every president from George W.

Speaker 4

Bush to Joe Biden has argued that they have the power to kill people without due process and without a declaration of war. The worst of these was Barack Obama, who actually killed Americans in foreign countries.

Speaker 1

Uh.

Speaker 4

And none of these people has been have been charged with any any crimes. So my article that comes out tonight is a constitutional and legal analysis of the president's ability to kill He can't. He can't kill anybody unless we have declared war on another nation and we are fighting their military. But when I learned that Biden signed

this document authorizing him something. But Biden, who can't up two sentences together authorizing himself to kill whomever his advisors tell him with near certainty is a is a terrorist. It just set me back, and I felt the need to go through this recitation of history and law in this column. The American public needs to know what presidents of both parties do in their name. They kill behind closed doors, they have kill lists. None of this is lawful, and all of it they get away.

Speaker 1

With by what legal circuitous method. Did they get to the point where they believe Joe Biden can actually sign himself executive authority to kill people. I mean, you point out the law says what it says. They have a lot of hurdles to jump through, but they've got to do it under the Constitution, I mean, and no standing for anybody can test this. We're gonna get back to

that whole thing. I mean, we could say all day long, and you can point out, as you do in this article, how unbelievably unconstitutional, extra judicial these killings are, and that there is no authority to do it. Yet we'll never make it into court on this.

Speaker 4

The most egregious example of this, and it combines standing with killing, was an effort by the father of anwar, al Alocke, and the grandfather of Anwar's son, to get a federal judge in Virginia, where the Pentagon is located, to enjoin the government from killing his son and grandson. And the federal judge said, you don't have standing in the ruling. You don't have standing. The federal judge said, what are you worried about? The American government doesn't do this.

Two months later got the son and the grandson, both born in the United States, were evaporated while sitting in a cafe in Yemen by an American drone. This is the most extreme and severe injustice I know of with respect to with respect to standing, and with respect to presidential killing. At the time I was at Fox. They unleashed me to say whatever I wanted, and I goaded and goaded the Department of Justice to give us their

legal justification. They leaked it to NBC News. A friend at NBC News sent it to me, Brian, a first year law student. If he had submitted that to a professor, not just me, but any professor, would have flunked the course. It analogized killing people whom the government claims are terrorists to police shooting at a bank robber who's shooting at them while the robber is running out.

Speaker 3

Of the bank.

Speaker 4

I mean, there is just no connection whatsoever.

Speaker 5

These people that were killed, from general solemoney to anwear Al Sadaki, were engaged in peaceful, normal human behavior at the time of their murders, and none of them had even been charged with a crime under the American system.

Speaker 1

Well, and that's an important component as well, charge of the crime and the American system. If you're going to have some sort of punishment, in this particular case, the death penalty, you damn well better have a conviction. And I'm with you all day long on that. I also don't believe this is good for American foreign policy, since we're running around bombing liberally in lots of countries with whom we have no dispute, going back to your declaration

of war, I don't know where it comes. A rocket blows up a guy. But speak to my listeners who right now are saying, but, but, but, but but these were known killers of Americans. They were responsible for and coordinated bombings and murders of American citizen and our foreign allies. I know that may be the case, but that doesn't deal with the law.

Speaker 4

The law says that due process applies to everybody. If the President wants to kill a foreign general, he's got to ask the Congress to declare war on that country. Congress has ratified treaties that limit its ability to declare war only on those countries that present a grave threat to American security. You can't just go about killing whoever you want. If you can, then there will be no

end to this killing. And soon the Americans that were killed overseas will become Americans killed here because they're bad people and the government thinks they're terrorists, and by killing them will be saving more lives. The whole purpose of the Constitution is to prevent the government from doing that.

Speaker 1

Well, as I sit here listening to these obviously logical, reasonable explanations of the reality versus what we actually are living, I wrote down North Korea, Vietnam, Iraq, Afghanistan. I mean, how many wars have we actually been in end wage where there was no declaration of war? Moving away from the individual assassination just to the broader concept.

Speaker 4

Well, there's been no declaration of war since December eighth, nineteen forty one, I know, which was well, there were actually some declarations of war after that. The one I'm talking about was on Japan, and then the Congress declared war in Italy on Germany as well, But there's been no declarations of war since World War Two. We fought about one hundred and eighty one wars since World War Two, none declared by Congress.

Speaker 3

None.

Speaker 4

It's all for the president has become a prince. Put aside the immunity decision of the Supreme Court. The president gets to kill whoever he wants in Congress looks the other way and gives them the money with which to do it.

Speaker 3

And most of this is done in secret.

Speaker 4

That's not a democracy that respects the natural rights of human beings. When presidents have secret kill lists and sometimes we don't even know about this.

Speaker 3

I'll give Trump credit. Every time he killed somebody, he boasted about it. So at least we knew what happened.

Speaker 1

Yeah, he did come out and take credit for it. Judg Napolitano, I told you my wife's response after having read it, frightening I believe was our word. Anyway, I hrdhly agree with you, Judge Ana Politano. Everyone's here in the fifty five Kersey Morning Show. So wonderful to have you back from Italy, my friend. I know you had a great time, but we sure missed you here on the morning show.

Speaker 4

Thank you, I missing it to Colonel Douglas McGregor at two o'clock Eastern on my podcast.

Speaker 1

This afternoon, Judging Freedom. Check it out regularly. Just search for it. You will find it Judging Freedom until next Wednesday, my dear friend, best, thank you.

Speaker 3

All the best regards to a Joe and to Chuck.

Speaker 1

You got it absolutely

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