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<v Speaker 1>Time for the nine first morning weather forecast. Nice forecast

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<v Speaker 1>if you like fall tame sonny in seventy four today,

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<v Speaker 1>overnight going to be clear in forty nine, sonny in

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<v Speaker 1>seventy Tomorrow overnight clear in forty six and on Friday,

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<v Speaker 1>another sunny day going up to seventy six Friday forty eight.

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<v Speaker 1>Right now, time for traffic update.

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<v Speaker 2>Chuck from the UCL Tramfake Center Mammogram Saved Lives call

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<v Speaker 2>five one three, five eight four. Pink dischedule you'r annual

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<v Speaker 2>mammogram with you seahouse expert team. That's five one, three

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<v Speaker 2>five eight four. Pink. Cruisill working by the new accident

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<v Speaker 2>he's found on the Reagan Highway near Dalbrick. Traffic heavy

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<v Speaker 2>from Hamilton Avenue sath Pound seventy one is a slow

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<v Speaker 2>go from Fields eardle Off and on down to Red

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<v Speaker 2>Paint westbound two seventy five. There's an accident at Wards Corner,

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<v Speaker 2>banking traffic to the Milford Parkway in over a half

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<v Speaker 2>hour delay. Coming up next. Don't even try to schedule

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<v Speaker 2>a lunch with our next guests, because he's going to

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<v Speaker 2>be celebrating Canadian Beard Day along with International beer and

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<v Speaker 2>pizza day, so he's not available for lunch. The biggest

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<v Speaker 2>decision he has is whether it's moose d or Moulson,

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<v Speaker 2>which ironically were Brian's nicknames in college. I'm chuck Ingram

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<v Speaker 2>on fifty five KRC the talk station. The judge is

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<v Speaker 2>next a twenty eight fifty five KRISEE the talk station.

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<v Speaker 2>Actually not.

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<v Speaker 1>Well, he's having a go at me this morning, A

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<v Speaker 1>little bit judged. Napolitano is my favorite time of the

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<v Speaker 1>week here in the pety five Cassey Morning Show. Get

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<v Speaker 1>some constitutional schooling and reminder the importance of the Constitution

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<v Speaker 1>and of course how much our government loves to trod

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<v Speaker 1>upon it in spite of having the sworn an oath

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<v Speaker 1>of allegiance to the Constitution. Welcome back here, honor. It's

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<v Speaker 1>always a pleasure man, Thank.

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<v Speaker 3>You, Brian.

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<v Speaker 4>Does the government ever trod upon Ingram?

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<v Speaker 2>Might?

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<v Speaker 1>He might be below their radar still, I don't know.

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<v Speaker 1>Maybe I'll have to ask him about that, Judge. It

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<v Speaker 1>is certainly possible. And we're all potentially in the crosshairs

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<v Speaker 1>of our government these days. All right, here's a fun

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<v Speaker 1>subject matter that many of my listeners might not even

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<v Speaker 1>be familiar with. The Stored Communications Act in nineteen eighty six.

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<v Speaker 1>We've evolved a little bit in terms of technology and

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<v Speaker 1>computer warehousing of documents since nineteen eighty six, haven't we year, honor.

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<v Speaker 3>Yeah, we sure have.

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<v Speaker 4>I mean the reason I raised this issue is because

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<v Speaker 4>of a decision by the Supreme Court on Monday, just

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<v Speaker 4>two days ago, which was a setback for the freedom

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<v Speaker 4>of speech involving Elon Musk, Donald Trump, and Jack Smith.

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<v Speaker 4>What an interesting combination. So the Fed's got an order

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<v Speaker 4>from a judge requiring x formerly known as Twitter, to

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<v Speaker 4>turn over the contents of the phone of the then

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<v Speaker 4>President of the United States. The Twitter ex lawyers said,

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<v Speaker 4>we got to comply with that, except it was accompanied

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<v Speaker 4>by an order requiring silence, prohibiting them from telling Trump

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<v Speaker 4>or the public that the Feds had come had come calling.

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<v Speaker 4>That's the serious issue here, when the government thinks it

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<v Speaker 4>can silence people from making statements in the political arena,

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<v Speaker 4>in the.

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<v Speaker 3>Marketplace of ideas.

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<v Speaker 4>I thought that they had stopped with this after the

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<v Speaker 4>infamous case involving the librarians in Bridgeport, two elderly librarians

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<v Speaker 4>that received a self authorized search warrant under the Patriot Act,

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<v Speaker 4>one handed it to another, and the FBI said, we're

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<v Speaker 4>going to prosecute you because you discussed the receipt of

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<v Speaker 4>one of these things. The government is still in the

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<v Speaker 4>business of silencing people, and the government cannot do that.

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<v Speaker 4>Congress shall make no law infringing upon the freedom of speech.

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<v Speaker 4>Congress can't silence you. If you witness an automobile accident,

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<v Speaker 4>you can talk about it. If you witness treason, you

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<v Speaker 4>can talk about it. If you witness government corruption, you

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<v Speaker 4>can talk about it. If the government comes knocking on

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<v Speaker 4>your front door, your neighbor's front door, you can talk

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<v Speaker 4>about it.

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<v Speaker 3>The government doesn't like that.

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<v Speaker 1>So the nature of the allegations of what was involved

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<v Speaker 1>in front of the Supreme Court, what were they specifically

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<v Speaker 1>deciding in this particular case.

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<v Speaker 4>Well, when the great question Brian. When ex Twitter received

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<v Speaker 4>the order, they filed an application with the judge who

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<v Speaker 4>signed the order asking that the silence part of it

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<v Speaker 4>be rescinded.

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<v Speaker 3>She denied it. This is all in secret.

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<v Speaker 4>Now, they appealed in secret. The government required them to

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<v Speaker 4>do this in secret. They appealed in secret to the

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<v Speaker 4>United States Court of Appeals for the District of Columbia

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<v Speaker 4>Circuit and the three judge panel upheld the trial judge.

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<v Speaker 3>They appealed to the Supreme Court of the United States

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<v Speaker 3>on First Amendment rounds that the government cannot silence you,

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<v Speaker 3>And on Monday, two days ago, the Supreme Court said

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<v Speaker 3>We're not going to hear the case. So that's the

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<v Speaker 3>procedural history of the case. In the meantime, the word

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<v Speaker 3>had already gotten out because the Supreme Court did not

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<v Speaker 3>require that the request for the Supreme Court to hear

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<v Speaker 3>the case be filed under seals. So when that was filed,

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<v Speaker 3>it effectively was the revelation of what the Feds had done.

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<v Speaker 4>But this is now two years after the order was

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<v Speaker 4>served and the contents of Trump's well Twitter account was revealed.

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<v Speaker 1>There are so many layers in this. I get served

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<v Speaker 1>with one of these, say Stored Communications Act orders, but

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<v Speaker 1>from it's a judge issue orders for searches without meaning

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<v Speaker 1>probable cost standard. You point that out in your article

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<v Speaker 1>requires judges who issue the orders for search worn upon

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<v Speaker 1>the request of the government to bar the custodian of

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<v Speaker 1>the data has received the order from informing the person

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<v Speaker 1>whose data saw it. That's the point you were just

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<v Speaker 1>talking about. But this idea that there's a gag order

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<v Speaker 1>in connection with one of these is perplextion. Not only

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<v Speaker 1>because what you said, it's like someone comes over to

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<v Speaker 1>your house. Why were those agents on your porch? You

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<v Speaker 1>have the freedom to explain that, but also more personally.

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<v Speaker 4>Of course you do. But the government is still in

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<v Speaker 4>the business of silencing people. You know, the original Patriot Act,

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<v Speaker 4>the one passed on October fifteenth, two thousand and one,

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<v Speaker 4>when the country was still in the trauma suffering from

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<v Speaker 4>the trauma of nine to eleven.

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<v Speaker 3>Prohibited the recipient.

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<v Speaker 4>It authorized national security letters, a fancy phrase for an

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<v Speaker 4>FBI supervisor, authorizes an FBI agent to serve to conduct

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<v Speaker 4>a search.

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<v Speaker 3>Utter violation of the Fourth Amendment.

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<v Speaker 4>But it also prohibited the recipient of this national security

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<v Speaker 4>letter from telling anybody anybody. You couldn't tell your spouse,

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<v Speaker 4>how about a lawyer. You couldn't tell a priest, and

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<v Speaker 4>you couldn't tell a federal judge in an open court

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<v Speaker 4>that you received this, And you couldn't tell a lawyer.

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<v Speaker 4>When the Bridgeport Librarian's case came up, two young FBI

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<v Speaker 4>agents walk into a library in Bridgeport, Connecticut.

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<v Speaker 3>I know the.

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<v Speaker 4>Subsect of a joke, but it's not. They say, Hi,

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<v Speaker 4>we're FBI agents. Here's a national security letter. The librarian

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<v Speaker 4>is eighty six years old. She doesn't even understand what

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<v Speaker 4>they're saying. She hands it to her colleague. The two

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<v Speaker 4>of them are threatened with a rest because they communicated

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<v Speaker 4>about the receipt of a national security letter. Turns out

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<v Speaker 4>four librarians were involved. They sued for the right to

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<v Speaker 4>discuss it. A federal trial judge granted them that right.

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<v Speaker 4>The Second Circuit Court of Appeals upheld the trial judge

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<v Speaker 4>when they filed the lawsuit. The Feds retaliated by prosecuting

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<v Speaker 4>them for speaking about.

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<v Speaker 3>The Patriot Act.

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<v Speaker 4>All this resulted in Congress recasting the Patriot Act to

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<v Speaker 4>remove the thou shalt not speak part with respect to

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<v Speaker 4>a lawyer. Still can't tell the press or your spouse

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<v Speaker 4>or your friends, but you can tell your lawyer. It's

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<v Speaker 4>terrible that the government doesn't take the First Amendment seriously,

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<v Speaker 4>that it is afraid to have people talking about what

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<v Speaker 4>it is doing.

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<v Speaker 3>Well, that's the argument Elon Musk made.

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<v Speaker 4>It's even heightened because the target in the Musk case

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<v Speaker 4>was the then sitting president of the United States. Whatever

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<v Speaker 4>you think of Trump, politically, he has the same rights

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<v Speaker 4>as everybody else. Whatever you think of Musk, he has

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<v Speaker 4>the same free speech rights as anybody else. Whatever you

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<v Speaker 4>think of Jack Smith, he went overboard, but the statute

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<v Speaker 4>allowed him to do it. In fact, the statute says,

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<v Speaker 4>on the request of the government, the judge shall now

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<v Speaker 4>shall not, nay, shall issue an order for silence. That's

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<v Speaker 4>how overboard the Congress has gone.

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<v Speaker 1>Well since the recipient of this Security Communications Act subpoena

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<v Speaker 1>obviously had to consult with lawyers because they went into

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<v Speaker 1>court to try to get that part removed. So clearly

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<v Speaker 1>they were talking about it within themselves or among themselves,

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<v Speaker 1>maybe the legal department, within the X or FKA Twitter,

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<v Speaker 1>but obviously discussed it with their lawyers to get it

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<v Speaker 1>into court.

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<v Speaker 4>Right, Federal you have silencing people is utterly totalitarian. It

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<v Speaker 4>is totally contrary not only to the letter, but to

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<v Speaker 4>the spirit of the Constitution and.

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<v Speaker 3>To the history of the country. You can say whatever

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<v Speaker 3>you want about the government.

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<v Speaker 1>Yeah, and you know the idea that speaking about it,

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<v Speaker 1>you mentioned the revision to the Patriarch which removed this

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<v Speaker 1>sort of gagger provision, at least in so far as

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<v Speaker 1>consulting with a lawyer. It was the discussion about in

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<v Speaker 1>the revelation that resulted in chatter, which resulted in a

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<v Speaker 1>change of the law. That's what we're supposed to be

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<v Speaker 1>talking about. That's the reason we have free speech. It's

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<v Speaker 1>sort of advance the communication and advance the discussion, and

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<v Speaker 1>we'll find fatal flaws and unconstitutional realities because well we're

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<v Speaker 1>talking about it.

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<v Speaker 4>You know, I don't know the legislative history of the

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<v Speaker 4>Stored Communications Act. It's Reagan era, it's nineteen eighty six.

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<v Speaker 4>But I do know the legislative history of the Patriot Act.

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<v Speaker 4>No one in the House of Representatives read it. How

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<v Speaker 4>do I know that they had fifteen minutes to read it.

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<v Speaker 4>It's one hundred and fifteen pages long. But even if

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<v Speaker 4>you're a speed reader, it doesn't read like a novel.

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<v Speaker 4>You have to have the entire United States Criminal Code

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<v Speaker 4>in front of you because these one hundred and fifteen

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<v Speaker 4>pages basically consists of amending statutes that already exist.

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<v Speaker 3>I've read it twice.

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<v Speaker 4>It takes about twenty hours to read, so I know

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<v Speaker 4>that no one in the House of Representatives read it.

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<v Speaker 4>Only two members of the Senate claimed on the Senate

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<v Speaker 4>for that they read it and both of them voted

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<v Speaker 4>against it.

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<v Speaker 1>Well, certainly the First Women is under attack. You illustrated

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<v Speaker 1>quite often on the program we have, you know, Hillary

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<v Speaker 1>Clinton lamenting the First Amendment the other day, talking about

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<v Speaker 1>how it's an impediment to I don't know what their

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<v Speaker 1>unified message or the unified message that they want you

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<v Speaker 1>to absorb rather than something that we might disagree with it.

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<v Speaker 1>And that the Supreme Court refused to take this up. Okay,

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<v Speaker 1>what have you drawn a specific conclusion about this? Are

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<v Speaker 1>they afraid to take this head on?

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<v Speaker 3>You know, Brian, another great question.

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<v Speaker 4>The Supreme Court's decision was without an opinion and without

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<v Speaker 4>a dissent. I don't know how that could be Gor

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<v Speaker 4>Sich as a civil libertarian on the right, Soda mayor

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<v Speaker 4>as a civil libertarian on the left. I don't know

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<v Speaker 4>how there there was no opinion and no dissent on this.

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<v Speaker 4>Because this government, this is this nonsense about government silencing

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<v Speaker 4>people is very, very dangerous. Donald Trump wants to amend

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<v Speaker 4>the First Amendment to permit the Congress to criminalize for

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<v Speaker 4>burning not burning somebody else's flag, not burning the government flag,

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<v Speaker 4>but burning your own flag. Hillary Clinton and John Kerry

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<v Speaker 4>both lamented that the First Amendment is an impediment to truth.

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<v Speaker 4>Impediment to truth.

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<v Speaker 1>Yea.

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<v Speaker 3>It is the greatest route to truth we have had.

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<v Speaker 4>It allows people to challenge orthodoxy, to challenge the government,

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<v Speaker 4>to compel government transparency. But these are dangerous times for

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<v Speaker 4>a free speech as we can see as recently as

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<v Speaker 4>two days ago.

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<v Speaker 1>Well, the point you just made about the First Amendment,

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<v Speaker 1>that's why they have such a disdain for it and

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<v Speaker 1>why they're willing to just basically ignore it. It's frightening.

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<v Speaker 1>But we need to fight for our rights. We need

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<v Speaker 1>to speak, and we need to speak often and loudly

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<v Speaker 1>on the subject. And I recommend judging of Politano's column

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<v Speaker 1>to everyone share it. The government compels silence. Again, it

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<v Speaker 1>comes out of midnight tonight, as we do, we always

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<v Speaker 1>end on judging freedom. Who you're going to be speaking

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<v Speaker 1>with today in your podcast, I.

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<v Speaker 4>Have at eleven this morning, Colonel Doug list McGregor, who

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<v Speaker 4>may very well be the Secretary of Defense in a

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<v Speaker 4>Trump administration. I have Inveassador Charles Freeman. I have Phil Giraldi,

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<v Speaker 4>the famous FBI a or excuse me, excuse me, CIA

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<v Speaker 4>agent who told George W.

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<v Speaker 3>Bush.

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<v Speaker 4>Saddam Hussein had no weapons of mass destruction of Bush

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<v Speaker 4>threw him out of the office, and Phil resigned immediately thereafter.

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<v Speaker 4>And I have the terrific and fearless Canadian investigative journalist

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<v Speaker 4>Aaron Mate.

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<v Speaker 3>So it's a busy and fruitful day for me.

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<v Speaker 1>Clearly we'll have plenty to absorb after this podcasts come out.

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<v Speaker 1>Judgentena Paula Twana God bless you, sir. I appreciate the

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<v Speaker 1>time you spend with my listeners to me every week

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<v Speaker 1>and already looking forward to next Wednesday.

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<v Speaker 3>Thank you, Brian, all the best, my pleasure, sir.

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<v Speaker 1>Eight forty fifty five KRCD Talk Stations Stick around, got

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<v Speaker 1>a little bit more to talk about. It looks like

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<v Speaker 1>we got a caller online as well, so be right back.

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<v Speaker 4>Are you ready to make your no vote?

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<v Speaker 3>Twenty twenty four.

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<v Speaker 2>We are an immense course for good if we want

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<v Speaker 2>to be it's your voice.

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<v Speaker 1>Come on, America, step up and let's go. It's your vote.

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<v Speaker 4>Get out a vote.

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<v Speaker 1>From the voices on the trail pack to the way

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<v Speaker 1>it has to the voices in town, we are going.

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<v Speaker 4>We're your election headquarters twenty twenty four, fifty five krs.

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<v Speaker 3>The talk station listen