Speaker 1: Time for the nine first went to one of orcass.
Speaker 1: We have a cloudy day to day, I think it is,
Speaker 1: although I'm looking out the part of the window there
Speaker 1: not too cloudy anyway, It doesn't matter. Slight chance of
Speaker 1: rain is all we got in highest seventy five clouds
Speaker 1: every night it'll be dry and fifty four for the
Speaker 1: low tomorrow. Maybe scattered shower out there, but otherwise it's
Speaker 1: just the mostly cloudy day with the highest seventy. Partly
Speaker 1: cloudy overnight with a forty four low. Friday, beautiful day
Speaker 1: with mostly clear skies and a zero percent chance of
Speaker 1: rain Sixty nine for the high on Friday as well,
Speaker 1: fifty seven. Right now, time for Chuck Ingram with a
Speaker 1: traffic update.
Speaker 2: Certainly you see how traffic center when it comes to stroke,
Speaker 2: every second counts. That's why you see Health as the
Speaker 2: clear choice for a rapid by saving treatment. Learn more
Speaker 2: at you see health dot com. Southbound seventy five better
Speaker 2: through west Chester. Still heavy in and out of Lackland
Speaker 2: with two accidents, but both are over on the right shoulder.
Speaker 2: Now northbound seventy five. That's a slow go between Turfighting
Speaker 2: Town and southbound seventy one you're now off and on
Speaker 2: the breaks between Fifer.
Speaker 3: And Red Bank.
Speaker 2: It is National Tourism Day, So if you're going to
Speaker 2: take the tour past our next guest house, just know
Speaker 2: that the gift shop called the Napshack is closed until
Speaker 2: the completion of the interview. The Judge's next Chuck Ingram
Speaker 2: on fifty five KRC the talk.
Speaker 3: Station A thirty.
Speaker 1: That was a good one, the Knapshack.
Speaker 4: Yeah, he is a a piece of work.
Speaker 3: He is a piece of work. Out Good morning, Brian,
Speaker 3: what a pleasure to beyond with you. Thank you for that.
Speaker 1: Yeah, we gotta give Chuck Ingram props. Every once in
Speaker 1: a while he just goes sort of off on rap rails,
Speaker 1: But that was kind of cute anyway. Judge Eddapoulatana on
Speaker 1: the FTY five Casey Morrey show every Wednesday at this time,
Speaker 1: and I thoroughly enjoy our conversations on any subject matter.
Speaker 1: But I am a lucky man for the privilege of
Speaker 1: getting an advanced copy of his column, which always comes
Speaker 1: out at midnight tonight. Holes in the Constitution is the
Speaker 1: caption or headline on it, and one of my favorite
Speaker 1: topics with you as always, the Fourth Amendment. Your honor,
Speaker 1: and we're talking about the Fourth Amenment today. And you know,
Speaker 1: I didn't realize the history of the where Faiza came from.
Speaker 1: That was on the heels of the Nixon and the
Speaker 1: Watergate scandal. I don't know why I never cared.
Speaker 4: Right, I mean, right after Nixon resigned, the Congress appointed
Speaker 4: the Church Committee, which was one of those rare committees
Speaker 4: of both members of the House and members of the Senate,
Speaker 4: to examine the extent of domestic surveillance under the Nixon years.
Speaker 4: It uncovered all kinds of things that none of us
Speaker 4: knew about, but for our purposes, it revealed that President
Speaker 4: Nixon had ordered the CIA and the FBI to engage
Speaker 4: in surveillance.
Speaker 3: Without any kind of warrants whatsoever.
Speaker 4: The result of that was the Foreign Intelligence Surveillance Act,
Speaker 4: which purported to codify the circumstances underway which the US
Speaker 4: could spy in American citizens by going to the Pisa Court.
Speaker 3: Of course, they lowered the constitutional standard.
Speaker 4: They can't tamper with the Constitution, but they did it anyway,
Speaker 4: from probable cause of crime to get a search warrant,
Speaker 4: to probably cause of being a foreign agent to get
Speaker 4: a search one that by the way. It's not in
Speaker 4: the article, but that, by the way, was also watered
Speaker 4: down to probably cause of communicating with a foreign agent.
Speaker 4: And that was watered down to communicating with a foreign person.
Speaker 4: That's if I call my cousins in Florence or a
Speaker 4: bookshop in London, and.
Speaker 3: Well, I'm already probably under surveillance.
Speaker 4: But if I did that, that would be enough for
Speaker 4: NSSAY to go to the vice Accord and get a
Speaker 4: want to surveil me because I communicated with a foreign person.
Speaker 4: That's how far afield we have come from the constitutional norm.
Speaker 4: What the article reports to reveal and complain about is
Speaker 4: that when this system was begun, there was a wall
Speaker 4: of separation between the intelligence community and law enforcement. So
Speaker 4: if this rampant unconstitutional spying unearthed evidence of crimes, it
Speaker 4: could not be passed from intel to law enforcement. The
Speaker 4: Patriot Act destroyed the wall, and so now the rampant
Speaker 4: spying is used by law enforcement to gather evidence, rather
Speaker 4: than law enforcement using the traditional tools of going to
Speaker 4: a traditional judge like I was, and presenting evidence of
Speaker 4: probable cause and getting the judge the sign of search.
Speaker 3: Warm way go through all that trouble.
Speaker 4: When your cousins in the NSA and the CIA will
Speaker 4: spy for you anyway.
Speaker 3: That's where we are today.
Speaker 4: And Trump, who was personally victimized by this in twenty fifteen.
Speaker 4: In twenty sixteen, we all remember that not has not
Speaker 4: put a.
Speaker 3: Stop to it.
Speaker 1: And I understand all of that, and I guess I
Speaker 1: have to go back in this slippery slope that you
Speaker 1: explained very very succinctly on how we went from probable
Speaker 1: cause of a crime to just communicating with a foreign person,
Speaker 1: but a foreign agent. I guess that in and of
Speaker 1: itself could be loosely defined. I mean, how do you
Speaker 1: define a foreign agent for the purposes of the original
Speaker 1: Phiza course, But also was this watering down that you
Speaker 1: just explained. Was that done by virtue of an amendment
Speaker 1: to the original Pisa Act or is it just done
Speaker 1: as a matter of course behind the scenes.
Speaker 3: Yep, but that is a fabulous question, Brian.
Speaker 4: It was done by DOJ lawyers persuading the Phisi Court,
Speaker 4: which meets in secret and whose records are secret, whose
Speaker 4: judges are searched when they leave leave the courthouse to
Speaker 4: make sure they're not taking any records or files with them,
Speaker 4: whose mobile devices are scanned by the litigant before them,
Speaker 4: the NSA. All of that was done by the PISI
Speaker 4: Court itself, not by the Congress. So it is a
Speaker 4: dastardly secret whole blown into the Fourth Amendment by federal
Speaker 4: bureaucrats and gutless federal judges.
Speaker 3: How do you get on the FISI Court.
Speaker 4: The PISA Court is made up of thirteen Federal District
Speaker 4: Court judges. They don't sit in a panel, they sit individually,
Speaker 4: They rotate, they rotate through and they're appointed by the
Speaker 4: Chief Justice for the most part gutless. They've become gutless
Speaker 4: tools of the intelligence community.
Speaker 1: Well, I guess on some level we've sort of reverted
Speaker 1: back to ignoring the Fourth Amendment, playing and simple. But
Speaker 1: then again, j Edgar Hoover engaged in this kind of
Speaker 1: act the entire time he was at the FBI, right,
Speaker 1: and he gathered files and spied on politicians and presidents
Speaker 1: and everybody he could get his hands on.
Speaker 4: Yes, he used it for blackmail purposes, but he was
Speaker 4: smart enough to know at least after Matt versus Ohio
Speaker 4: in the early sixties, and he wasn't going to get
Speaker 4: this into evidence in a courtroom today, of course, federal
Speaker 4: agents have come of age. A whole generation of federal
Speaker 4: agents has come of age since nine to eleven, twenty
Speaker 4: four years ago, and that generation has been taught spy first,
Speaker 4: worry about.
Speaker 3: The Constitution and the statutes later.
Speaker 4: And every year it gets worse and worse because the
Speaker 4: Feds rely more that the federal law enforcement relies more
Speaker 4: on federal intel. If you think I'm exaggerating, this report
Speaker 4: is public. It's a nine hundred and six page report
Speaker 4: written by the Trump FBI first term Trump, revealed by
Speaker 4: the Biden FBI given to Congress at the tail end
Speaker 4: of Biden's term, and nothing has changed.
Speaker 3: And in this.
Speaker 4: Report, the Trump FBI reveals how it relied on CIA
Speaker 4: and NSA to do domestic spying for law enforcement purposes.
Speaker 3: Did anybody complain?
Speaker 4: You have the usuals complain, Ron Paul complained, Ron Widen complained,
Speaker 4: Paul being the libertarian, widened being the progressive that monitor
Speaker 4: civil liberties abuses.
Speaker 3: Where did their complaints go?
Speaker 4: Some buried somewhere in the congressional record that said everybody
Speaker 4: looked the other way.
Speaker 1: Well to the extent of prosecution for criminal activity arises
Speaker 1: as a consequence of their unconstitutional listening into our conversations.
Speaker 1: That's evidence that was obtained a violation of our civil rights,
Speaker 1: notably the Fourth Amendment, that could be suppressed. But what
Speaker 1: you're telling me is once it's referred to law enforcement,
Speaker 1: law enforcement then knows about this alleged criminal activity and
Speaker 1: then begins to build a case seemingly independent of that
Speaker 1: original Fourth Amendment violation. So what they appear to do
Speaker 1: is present valid evidence.
Speaker 3: Well, there's two ways they do that.
Speaker 4: One is called what you've just described parallel construction, where
Speaker 4: they will re engineer a route back to the evidence
Speaker 4: by seemingly lawful means. The other is outright deception, by
Speaker 4: just passing the evidence from person to person to person
Speaker 4: the person so that the prosecutors in the courtroom do
Speaker 4: not know the true origin of the evidence. So when
Speaker 4: that DOJ lawyer in the courtroom says to a federal
Speaker 4: judge the means that the government says they legally acquired it,
Speaker 4: he really believes that he has been duped by his
Speaker 4: own people. So there's two ways that they try and
Speaker 4: get that evidence in court. This is positive stalinistic.
Speaker 3: Yeah, and it hasn't.
Speaker 4: Changed under the Trump DOJ or the Trump FBI, which
Speaker 4: is what provoked me to write this piece.
Speaker 1: Well, and also didn't change into the Biden administration. I'm
Speaker 1: sure this was going under the Obama administration. It sounds
Speaker 1: like it's been going on for decades and decades even
Speaker 1: prior to FIZA was as the Jagger Hoover point.
Speaker 4: Well, the spying has been going on since the original
Speaker 4: patriarcht Now you're always was spying, but it became rampant
Speaker 4: to the point and technological technologically feasible after nine to eleven.
Speaker 4: Holding up my iPhone, I don't know if you can
Speaker 4: see it, whereby the fence can monitor every keystroke on
Speaker 4: every mobile device and every desktop and do so without
Speaker 4: even the charade of a warrant. Now, this produces so
Speaker 4: much information overload that they can't possibly monitor.
Speaker 3: It in real time. But it does exist if they
Speaker 3: want to go back and look at it. Where it
Speaker 3: is in Utah, where.
Speaker 4: The largest office building on the planet, the largest structure
Speaker 4: on the planet, bigger than the Pentagon.
Speaker 3: And where in public doesn't even know this. The government
Speaker 3: built this monstrosity in Utah.
Speaker 4: To hold all the computer chip information that the intelligence
Speaker 4: community gathers on Americans every year.
Speaker 1: Well, and now you're on it. We have artificial intelligence
Speaker 1: and supercomputers, so you know the fact that they can't
Speaker 1: they deal with information overload. Maybe it was just up
Speaker 1: until now an AI can be put to the task
Speaker 1: of rifling through all those unconstitutionally seized texts and information
Speaker 1: and get the root of whatever they think they're looking for.
Speaker 1: It's frightening stuff, and again it's all in violation of
Speaker 1: the Constitution.
Speaker 4: Well, if they could type in Brian Thomas, Judge Napolitano
Speaker 4: and just pick a date in any Wednesday five years
Speaker 4: ago and they'll get immediately the transcript of what we said. Now,
Speaker 4: that's not a good example because what we set us
Speaker 4: already public.
Speaker 3: But if you and I were on the.
Speaker 4: Phone on a given day in a non public environment
Speaker 4: and they want the transcript.
Speaker 3: Of that, they can get it.
Speaker 1: Scary stuff, but stuff we all have to know and
Speaker 1: enlighten us. And hopefully there'll be an uprising and a
Speaker 1: demand from the populace to change things. But I'm not
Speaker 1: waiting around for that because apparently nobody knows the Fourth
Speaker 1: Amendment or the Constitution. Generally, since they've taken civics classes
Speaker 1: out of schools, people are no longer insulted by this
Speaker 1: type of trampling on our right to be free of
Speaker 1: unreasonable searches and caizars. Judge Andrew Nepolitano, Obviously, enlightening went
Speaker 1: good schooling today on the Fourth Amendment. And I love
Speaker 1: talking about it, and I love talking to you man.
Speaker 1: I look forward to next Wednesday, as I always do,
Speaker 1: and to rank back at.
Speaker 4: You, Brian, thank you for these wonderful conversations and this
Speaker 4: opportunity to discuss these very important issues. I trust that
Speaker 4: your audience appreciates them. I know they appreciate you.
Speaker 3: All of us.
Speaker 1: Thank you, brother. We'll talk next week. Have a great
Speaker 1: week between now and then eight forty two to fifty
Speaker 1: five KC detalk station. Corey Bowman's going to join program
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