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<v Speaker 1>From the UC Helth Triumphiics Center trusts the same team

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<v Speaker 1>for your care that keeps the UC bear Cats on

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<v Speaker 1>the field. Count on you see health Orthopedics, Handsports Medicine,

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<v Speaker 1>no matter the injury, visit ucehealth dot com. Cruiser working

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<v Speaker 1>by the new accident southbound seventy five at Tylersville that's

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<v Speaker 1>baking traffic up above one twenty nine eastbound two seventy

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<v Speaker 1>five continues to crawl across the top heavy from before

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<v Speaker 1>Mostellar to the accident. It's seventy one where the right

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<v Speaker 1>two lanes are blocked off close to a half hour delay.

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<v Speaker 1>Then there's a rec northbound seventy one on the ramp

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<v Speaker 1>to Ridge, coming up next to guest who is just

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<v Speaker 1>too busy celebrating with all the different events going on today.

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<v Speaker 1>You see, it's it's National Wildlife Day, It's Indigenous Literacy Day,

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<v Speaker 1>and National Macadamian Nut Day.

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<v Speaker 2>That's what I'm celebrating.

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<v Speaker 1>The judge's next Chuck Ingram on fifty five KRC, the

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<v Speaker 1>talk station.

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<v Speaker 3>He th two five cares thetuch station, No Danny, No

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<v Speaker 3>one was expecting that one. Neila was judge edited a

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<v Speaker 3>Politano National Indigenous Language Day all right, whatever, well, he's

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<v Speaker 3>eating his Macedamian nuts. I am pleased, as I am

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<v Speaker 3>so pleased every Wednesday at this time to welcome back

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<v Speaker 3>to the fifty five Carsey Morning Show. Hey, highlight of

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<v Speaker 3>my week, if not the highlight Judge Nitapolitano, welcome back

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<v Speaker 3>your roner.

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<v Speaker 4>You're very kind, Brian, thank you for the warm invitation.

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<v Speaker 4>But somehow I'm not surprised that of those wacky holidays,

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<v Speaker 4>the one that Ingram is celebrating is the one involving nuts.

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<v Speaker 2>It worked out great.

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<v Speaker 3>Oh and by the way, your name came up if

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<v Speaker 3>your ears were burning. On Sunday, we have this annual

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<v Speaker 3>event here in the city of Cincinnati. They call it

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<v Speaker 3>the Western Southern Wbon Fireworks Anyway, huge event. Half a

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<v Speaker 3>million people show up in the river front the fireworks display.

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<v Speaker 3>It's massive, and so iHeartMedia is the prime one of

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<v Speaker 3>the substations in our cluster here is responsible for it,

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<v Speaker 3>along with Western and Southern Anyway. The huge right there

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<v Speaker 3>in front of where the fireworks blow up. And guess

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<v Speaker 3>whose table I sat at, Chuck Ingram's, and he mentioned

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<v Speaker 3>you a couple of times. He goes, does the judge

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<v Speaker 3>really appreciate my comments. Does he just make fun of me?

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<v Speaker 3>I said, Oh, no, it's great. I said, yeah, we

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<v Speaker 3>make fun of you a lot.

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<v Speaker 2>I love his comments.

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<v Speaker 4>Look, as you know, in this business, every knock is

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<v Speaker 4>a boost.

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<v Speaker 3>Yes, yes, and he does not intend any of its criticism.

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<v Speaker 3>It's just levity. So we get the best we can

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<v Speaker 3>get from Chuck. Anyhow, of course I get the column early.

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<v Speaker 3>I'm a lucky man forgetting it early. Now the FEDS

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<v Speaker 3>are spying on Congress. I love this question. It's almost

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<v Speaker 3>like a college logic question or a college philosophy question.

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<v Speaker 3>Can government behavior be both lawful and unconstitutional at the

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<v Speaker 3>same time. It sounds like an impossibility, doesn't it. But

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<v Speaker 3>that's not the conclusion you've reached here, sadly, No.

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<v Speaker 4>No, So, when when Congress validly enacts a law that

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<v Speaker 4>is unconstitutional on its face, that law is legal until

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<v Speaker 4>a court declares it unconstitutional, and when the FEDS comply

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<v Speaker 4>with that law, they are acting legally. But if it

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<v Speaker 4>is unconstitutional on its face, by which I mean it

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<v Speaker 4>directly defies a clause of the Constitution, it doesn't take

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<v Speaker 4>much analysis to see that. Like you can suppress speech

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<v Speaker 4>on the basis of content, or you can search and

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<v Speaker 4>seize without a search war an issue by a judge,

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<v Speaker 4>something directly defining the constitution. If it's unconstitutional on its face,

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<v Speaker 4>then the government's behavior is both legal and unconstitutional, and

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<v Speaker 4>it ought not engage in that behavior because the FEDS

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<v Speaker 4>who do the spying took the same oath as the

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<v Speaker 4>Congress that does the writing and the courts that do

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<v Speaker 4>the interpreting.

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<v Speaker 2>But they do it anyway. And this is a.

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<v Speaker 4>Very sad Stuart I had not heard about until it

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<v Speaker 4>broke just right before Labor Day weekend that during the

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<v Speaker 4>Trump administration, the President was so aggravated, apparently at what

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<v Speaker 4>the January sixth Committee was doing, that he ordered the

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<v Speaker 4>DOJ to find a way to spy on two members

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<v Speaker 4>of the January sixth Committee, Congressman Adam Schiff, now running

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<v Speaker 4>for the Senate in California. Congressman Swallwell first name escaping me,

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<v Speaker 4>also from California. Two liberal Democrats professed to adversaries of

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<v Speaker 4>Donald Trump. Members of the committee. The Fed's got all

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<v Speaker 4>of their emails and all their texts and all their

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<v Speaker 4>phone calls. They did the same with a staff on

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<v Speaker 4>the committee. Some of them are ex FBI agents. They

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<v Speaker 4>even did this with the emails and texts of a

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<v Speaker 4>minor child of one of these ex FBI agent staff members.

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<v Speaker 4>Looking for something. They found nothing. They found nothing. But

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<v Speaker 4>how how did they do this?

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<v Speaker 2>Yeah?

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<v Speaker 4>What did they tell a federal judge in order to

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<v Speaker 4>authorize this? Spine of the Justice Department, which claims that

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<v Speaker 4>stopped this under Biden, won't reveal how its predecessors under

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<v Speaker 4>Bill Barr did this?

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<v Speaker 3>Okay, under what argument can they prevent this information from

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<v Speaker 3>being disclosed? This is another illustration of the people to home.

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<v Speaker 3>Our representatives are supposed to report, did the reports? Are

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<v Speaker 3>our representative? Of course, we live in a representative government,

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<v Speaker 3>regardless of Democrats to tell you all day long, we

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<v Speaker 3>live in a republic. Anyway, those folks are supposed to

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<v Speaker 3>be providing oversight. Those folks are the ones that provide

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<v Speaker 3>funding for these organizations. Those folks might be able to

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<v Speaker 3>be in a position to say, hey, you work for me,

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<v Speaker 3>give me the damned documents. And yet time and time again,

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<v Speaker 3>anyone of the letted organizations said, no, I don't care

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<v Speaker 3>if the Foyer request, I don't the.

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<v Speaker 4>Don't know under what pretexts they are not providing these documents,

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<v Speaker 4>because the committee doesn't exist anymore. These legal but unconstitutional

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<v Speaker 4>searches and seizures produced no evidence of criminality. Nobody was

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<v Speaker 4>charged with anything. It's almost inconceivable to me what they

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<v Speaker 4>could have told a federal judge. We don't like what

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<v Speaker 4>Adam Schiff and Eric Swalwell are saying. Therefore, we want

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<v Speaker 4>to listen to their phone calls. They have to show

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<v Speaker 4>probable cause of crime in the phone calls or in

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<v Speaker 4>the emails. What could that probable cause have been?

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<v Speaker 2>Whatever?

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<v Speaker 4>It is Merrick Garland, the current Attorney General, who takes

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<v Speaker 4>credit and I give him credit for shutting down this

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<v Speaker 4>process which was still going on when Biden became president.

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<v Speaker 4>Trump was no longer president, the committee no longer existed.

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<v Speaker 2>Whatever.

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<v Speaker 4>Nevertheless, Attorney General Garland refuses to release what they told

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<v Speaker 4>a federal judge in order to get the search ont

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<v Speaker 4>makes me believe there was no search warrant. Makes me

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<v Speaker 4>believe that they did this by hacking, which is of

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<v Speaker 4>course a FELONNY. The Feds don't prosecute their own Monday.

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<v Speaker 4>This is Wednesday, Monday. Ten FBI agents and ten US

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<v Speaker 4>marshals stole a plane in the Dominican Republic and flew

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<v Speaker 4>to Miami. The plane belonged to the government of Venezuela.

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<v Speaker 4>The pretext for stealing the plane was, this is the

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<v Speaker 4>private this is the air force one for Nicholas Maduro,

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<v Speaker 4>who's the president of Venezuela. And he has the temerity

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<v Speaker 4>to violate American sanctions on Russia by allowing Venezuelan companies

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<v Speaker 4>to trade with Russia. He doesn't come in the United States.

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<v Speaker 4>It has an effect the United States. He was in Venezuela,

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<v Speaker 4>the plane was in the Dominican Republic.

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<v Speaker 2>The Feds stole it. So the Feds don't care.

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<v Speaker 4>If they violate the very same laws that they prosecute

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<v Speaker 4>the rest of us.

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<v Speaker 3>For Viole lady, well, going back to let's just pick

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<v Speaker 3>shift for example, who had his emails rifled through, in

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<v Speaker 3>his phone calls and his text messages rifled through, probably

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<v Speaker 3>without a warrant, as you indicate. Doesn't he then have

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<v Speaker 3>standing if he knows it happened. We're always looking for standing.

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<v Speaker 3>We're away looking for someone to say, haha, I can

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<v Speaker 3>go into court and prove a civil rights violation. Can't

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<v Speaker 3>he do that now? Or anybody else who had this

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<v Speaker 3>happen to them that we now know about.

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<v Speaker 4>The answer I think is yes, I say, I think

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<v Speaker 4>he is not a suing one of the investigators, one

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<v Speaker 4>of the x FBI agents is suing.

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<v Speaker 2>And in that lawsuit.

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<v Speaker 4>Came the names at Congressman Adam Schiff and Congressman Eric Swalwell.

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<v Speaker 2>I had never heard of.

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<v Speaker 4>Any of this until the lawsuit was filed, I believe

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<v Speaker 4>last Friday, the friday before.

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<v Speaker 2>The Labor Day weekend.

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<v Speaker 4>I would think that Swalwell and Shift, who maybe don't

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<v Speaker 4>want to make a big deal out of this, Chief

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<v Speaker 4>is running for the Senate in California. Swalwell is running

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<v Speaker 4>for reelection to his House seat. Until after election day,

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<v Speaker 4>but yes, they would have standing because their harm was

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<v Speaker 4>unique from all others. This is not a complaint about

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<v Speaker 4>mass surveillance. This is a complaint about individually, unique, targeted surveillance. Well,

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<v Speaker 4>you know, the FEDS have the courts have done everything

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<v Speaker 4>they can to avoid ruling on whether this spying without

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<v Speaker 4>search warrants is lawful or unlawful. They know it's unconstitutional.

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<v Speaker 4>They're afraid of the intelligence community like anybody else.

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<v Speaker 2>Justice Scalia, before he died.

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<v Speaker 4>Said to me he was convinced the court was being

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<v Speaker 4>surveilled by the NSA. The Court, the Supreme Court of

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<v Speaker 4>the United States, under surveillance by the NSA, which is

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<v Speaker 4>in the Defense Department, which is in the executive branch.

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<v Speaker 4>You tell me that's not a violation of the separation

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<v Speaker 4>of powers.

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<v Speaker 3>Well, you know, as we're through this, and I think

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<v Speaker 3>you make a really good argument, which was my thought,

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<v Speaker 3>that you know, one of these folks actually has standing.

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<v Speaker 3>This could actually end up in front of a court

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<v Speaker 3>where they could actually rule that this is all unconstitutional

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<v Speaker 3>and must be stopped. They don't perhaps want it to stop.

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<v Speaker 3>They got some invested interest in allowing the NSA to

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<v Speaker 3>scoop through all of our private records and effects because

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<v Speaker 3>it benefits them from time to time that they're willing

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<v Speaker 3>to well have a violation of their own civil rights

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<v Speaker 3>and take a pass on it simply because they want

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<v Speaker 3>this conduct to continue.

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<v Speaker 4>That is not what we have a judiciary for. Know

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<v Speaker 4>that the whole purpose of an independent judiciary is to

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<v Speaker 4>be anti democratic, to preserve the life, liberty, and property

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<v Speaker 4>of those of us being persecuted by the government. In

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<v Speaker 4>this case, two members of Congress with whom I agree

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<v Speaker 4>on very very little.

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<v Speaker 2>The human beings. They have rights.

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<v Speaker 4>They happen to be in the legislative branch of the government.

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<v Speaker 4>The executive branch can't do this without a warrant.

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<v Speaker 2>And we have the right to know what.

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<v Speaker 4>They told A if there was a warrant, and B

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<v Speaker 4>what they told the signer of the warrant, the federal judge,

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<v Speaker 4>in order to induce her for him to sign it. Look,

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<v Speaker 4>when they raided Trump's house, he was no longer the president.

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<v Speaker 4>We still got the warrant, and we still got the

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<v Speaker 4>affidavit affidavits that were submitted to the federal magistrate judge

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<v Speaker 4>who signed the warrant. Why can't we get the warrant

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<v Speaker 4>and get the affidavits that were submitted to this judge

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<v Speaker 4>to invade the privacy of these two members of Congress

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<v Speaker 4>that probably was no warrant.

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<v Speaker 3>I think I'm with you on that one.

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<v Speaker 4>That's Look, when they raided Scott ritters house, one of

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<v Speaker 4>my regular guests, former marine, former head of the UN

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<v Speaker 4>Weapons Inspection Team, the one who went to Iraq in

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<v Speaker 4>Afghanistan and said there's no weapons of mass destruction. The

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<v Speaker 4>government didn't like what he said, but he demonstrated it

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<v Speaker 4>when they raided his house. They brought with them huge

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<v Speaker 4>loose leaves. Well forty FBI agents, including a swat team

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<v Speaker 4>and a bomb squad, were looking for his mobile devices

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<v Speaker 4>and his desktops, and he told them where they were.

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<v Speaker 4>Two FBI agents were chatting with him, and they showed

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<v Speaker 4>him the printed copies of all of his emails and

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<v Speaker 4>text messages from the past two years, enormous loose leaves.

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<v Speaker 2>When he asked to see.

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<v Speaker 4>The search warrant that generated it, they just smiled and

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<v Speaker 4>changed the subject.

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<v Speaker 2>They didn't have a search warrant.

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<v Speaker 3>This is scary stuff. Scary and what more can one say?

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<v Speaker 3>Our constitution apparently just does not mean anything any longer,

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<v Speaker 3>at least in time.

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<v Speaker 4>I mean, this means a lot to Thomas Massy, it

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<v Speaker 4>means a lot to some of his colleagues on the left,

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<v Speaker 4>But for the vast majority of Congress it means little.

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<v Speaker 4>Maybe Congressman Swallwell and Schiff will look at the differently.

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<v Speaker 2>I don't know. I won't hold my.

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<v Speaker 3>Breath, no, but I welcome to them suing for violations

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<v Speaker 3>civil rights. I don't care that I disagree with them

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<v Speaker 3>on ninety nine percent of their issues. They have civil rights,

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<v Speaker 3>and so do you. And I and somebody's got to

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<v Speaker 3>defend them, So step up to the plate, because standing

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<v Speaker 3>is a tough thing to accomplish. Judge Edna Politano, judging

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<v Speaker 3>Freedom Find Them Online. Who are you going to me

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<v Speaker 3>speaking with today, your honor?

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<v Speaker 4>I have Colonel Douglas McGregor at eleven in the morning

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<v Speaker 4>Eastern at twelve thirty in the afternoon, the aforementioned Scott

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<v Speaker 4>Ritter at four o'clock, Aaron Maze. It's a very very

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<v Speaker 4>exciting day for him. Oh yes, we didn't work Monday,

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<v Speaker 4>so we're doing all of our guests in four days.

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<v Speaker 3>Better late than never. Judging Freedom to Find Them Online.

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<v Speaker 3>Judge of Paula Tan tell.

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<v Speaker 4>Ingram I love him, and my regret is that I

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<v Speaker 4>was not under that tent with you guys.

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<v Speaker 3>Every year I know it will tell you it'll happen.

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<v Speaker 3>I feel confident, take care of your honor and talk

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<v Speaker 3>next week. Thanks to you A forty five you give

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<v Speaker 3>up Hersey de Talk station.