Speaker 1: Time for the nine first morning weather forecast. Nice forecast
Speaker 1: if you like fall tame sonny in seventy four today,
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Speaker 1: another sunny day going up to seventy six Friday forty eight.
Speaker 1: Right now, time for traffic update.
Speaker 2: Chuck from the UCL Tramfake Center Mammogram Saved Lives call
Speaker 2: five one three, five eight four. Pink dischedule you'r annual
Speaker 2: mammogram with you seahouse expert team. That's five one, three
Speaker 2: five eight four. Pink. Cruisill working by the new accident
Speaker 2: he's found on the Reagan Highway near Dalbrick. Traffic heavy
Speaker 2: from Hamilton Avenue sath Pound seventy one is a slow
Speaker 2: go from Fields eardle Off and on down to Red
Speaker 2: Paint westbound two seventy five. There's an accident at Wards Corner,
Speaker 2: banking traffic to the Milford Parkway in over a half
Speaker 2: hour delay. Coming up next. Don't even try to schedule
Speaker 2: a lunch with our next guests, because he's going to
Speaker 2: be celebrating Canadian Beard Day along with International beer and
Speaker 2: pizza day, so he's not available for lunch. The biggest
Speaker 2: decision he has is whether it's moose d or Moulson,
Speaker 2: which ironically were Brian's nicknames in college. I'm chuck Ingram
Speaker 2: on fifty five KRC the talk station. The judge is
Speaker 2: next a twenty eight fifty five KRISEE the talk station.
Speaker 2: Actually not.
Speaker 1: Well, he's having a go at me this morning, A
Speaker 1: little bit judged. Napolitano is my favorite time of the
Speaker 1: week here in the pety five Cassey Morning Show. Get
Speaker 1: some constitutional schooling and reminder the importance of the Constitution
Speaker 1: and of course how much our government loves to trod
Speaker 1: upon it in spite of having the sworn an oath
Speaker 1: of allegiance to the Constitution. Welcome back here, honor. It's
Speaker 1: always a pleasure man, Thank.
Speaker 3: You, Brian.
Speaker 4: Does the government ever trod upon Ingram?
Speaker 2: Might?
Speaker 1: He might be below their radar still, I don't know.
Speaker 1: Maybe I'll have to ask him about that, Judge. It
Speaker 1: is certainly possible. And we're all potentially in the crosshairs
Speaker 1: of our government these days. All right, here's a fun
Speaker 1: subject matter that many of my listeners might not even
Speaker 1: be familiar with. The Stored Communications Act in nineteen eighty six.
Speaker 1: We've evolved a little bit in terms of technology and
Speaker 1: computer warehousing of documents since nineteen eighty six, haven't we year, honor.
Speaker 3: Yeah, we sure have.
Speaker 4: I mean the reason I raised this issue is because
Speaker 4: of a decision by the Supreme Court on Monday, just
Speaker 4: two days ago, which was a setback for the freedom
Speaker 4: of speech involving Elon Musk, Donald Trump, and Jack Smith.
Speaker 4: What an interesting combination. So the Fed's got an order
Speaker 4: from a judge requiring x formerly known as Twitter, to
Speaker 4: turn over the contents of the phone of the then
Speaker 4: President of the United States. The Twitter ex lawyers said,
Speaker 4: we got to comply with that, except it was accompanied
Speaker 4: by an order requiring silence, prohibiting them from telling Trump
Speaker 4: or the public that the Feds had come had come calling.
Speaker 4: That's the serious issue here, when the government thinks it
Speaker 4: can silence people from making statements in the political arena,
Speaker 4: in the.
Speaker 3: Marketplace of ideas.
Speaker 4: I thought that they had stopped with this after the
Speaker 4: infamous case involving the librarians in Bridgeport, two elderly librarians
Speaker 4: that received a self authorized search warrant under the Patriot Act,
Speaker 4: one handed it to another, and the FBI said, we're
Speaker 4: going to prosecute you because you discussed the receipt of
Speaker 4: one of these things. The government is still in the
Speaker 4: business of silencing people, and the government cannot do that.
Speaker 4: Congress shall make no law infringing upon the freedom of speech.
Speaker 4: Congress can't silence you. If you witness an automobile accident,
Speaker 4: you can talk about it. If you witness treason, you
Speaker 4: can talk about it. If you witness government corruption, you
Speaker 4: can talk about it. If the government comes knocking on
Speaker 4: your front door, your neighbor's front door, you can talk
Speaker 4: about it.
Speaker 3: The government doesn't like that.
Speaker 1: So the nature of the allegations of what was involved
Speaker 1: in front of the Supreme Court, what were they specifically
Speaker 1: deciding in this particular case.
Speaker 4: Well, when the great question Brian. When ex Twitter received
Speaker 4: the order, they filed an application with the judge who
Speaker 4: signed the order asking that the silence part of it
Speaker 4: be rescinded.
Speaker 3: She denied it. This is all in secret.
Speaker 4: Now, they appealed in secret. The government required them to
Speaker 4: do this in secret. They appealed in secret to the
Speaker 4: United States Court of Appeals for the District of Columbia
Speaker 4: Circuit and the three judge panel upheld the trial judge.
Speaker 3: They appealed to the Supreme Court of the United States
Speaker 3: on First Amendment rounds that the government cannot silence you,
Speaker 3: And on Monday, two days ago, the Supreme Court said
Speaker 3: We're not going to hear the case. So that's the
Speaker 3: procedural history of the case. In the meantime, the word
Speaker 3: had already gotten out because the Supreme Court did not
Speaker 3: require that the request for the Supreme Court to hear
Speaker 3: the case be filed under seals. So when that was filed,
Speaker 3: it effectively was the revelation of what the Feds had done.
Speaker 4: But this is now two years after the order was
Speaker 4: served and the contents of Trump's well Twitter account was revealed.
Speaker 1: There are so many layers in this. I get served
Speaker 1: with one of these, say Stored Communications Act orders, but
Speaker 1: from it's a judge issue orders for searches without meaning
Speaker 1: probable cost standard. You point that out in your article
Speaker 1: requires judges who issue the orders for search worn upon
Speaker 1: the request of the government to bar the custodian of
Speaker 1: the data has received the order from informing the person
Speaker 1: whose data saw it. That's the point you were just
Speaker 1: talking about. But this idea that there's a gag order
Speaker 1: in connection with one of these is perplextion. Not only
Speaker 1: because what you said, it's like someone comes over to
Speaker 1: your house. Why were those agents on your porch? You
Speaker 1: have the freedom to explain that, but also more personally.
Speaker 4: Of course you do. But the government is still in
Speaker 4: the business of silencing people. You know, the original Patriot Act,
Speaker 4: the one passed on October fifteenth, two thousand and one,
Speaker 4: when the country was still in the trauma suffering from
Speaker 4: the trauma of nine to eleven.
Speaker 3: Prohibited the recipient.
Speaker 4: It authorized national security letters, a fancy phrase for an
Speaker 4: FBI supervisor, authorizes an FBI agent to serve to conduct
Speaker 4: a search.
Speaker 3: Utter violation of the Fourth Amendment.
Speaker 4: But it also prohibited the recipient of this national security
Speaker 4: letter from telling anybody anybody. You couldn't tell your spouse,
Speaker 4: how about a lawyer. You couldn't tell a priest, and
Speaker 4: you couldn't tell a federal judge in an open court
Speaker 4: that you received this, And you couldn't tell a lawyer.
Speaker 4: When the Bridgeport Librarian's case came up, two young FBI
Speaker 4: agents walk into a library in Bridgeport, Connecticut.
Speaker 3: I know the.
Speaker 4: Subsect of a joke, but it's not. They say, Hi,
Speaker 4: we're FBI agents. Here's a national security letter. The librarian
Speaker 4: is eighty six years old. She doesn't even understand what
Speaker 4: they're saying. She hands it to her colleague. The two
Speaker 4: of them are threatened with a rest because they communicated
Speaker 4: about the receipt of a national security letter. Turns out
Speaker 4: four librarians were involved. They sued for the right to
Speaker 4: discuss it. A federal trial judge granted them that right.
Speaker 4: The Second Circuit Court of Appeals upheld the trial judge
Speaker 4: when they filed the lawsuit. The Feds retaliated by prosecuting
Speaker 4: them for speaking about.
Speaker 3: The Patriot Act.
Speaker 4: All this resulted in Congress recasting the Patriot Act to
Speaker 4: remove the thou shalt not speak part with respect to
Speaker 4: a lawyer. Still can't tell the press or your spouse
Speaker 4: or your friends, but you can tell your lawyer. It's
Speaker 4: terrible that the government doesn't take the First Amendment seriously,
Speaker 4: that it is afraid to have people talking about what
Speaker 4: it is doing.
Speaker 3: Well, that's the argument Elon Musk made.
Speaker 4: It's even heightened because the target in the Musk case
Speaker 4: was the then sitting president of the United States. Whatever
Speaker 4: you think of Trump, politically, he has the same rights
Speaker 4: as everybody else. Whatever you think of Musk, he has
Speaker 4: the same free speech rights as anybody else. Whatever you
Speaker 4: think of Jack Smith, he went overboard, but the statute
Speaker 4: allowed him to do it. In fact, the statute says,
Speaker 4: on the request of the government, the judge shall now
Speaker 4: shall not, nay, shall issue an order for silence. That's
Speaker 4: how overboard the Congress has gone.
Speaker 1: Well since the recipient of this Security Communications Act subpoena
Speaker 1: obviously had to consult with lawyers because they went into
Speaker 1: court to try to get that part removed. So clearly
Speaker 1: they were talking about it within themselves or among themselves,
Speaker 1: maybe the legal department, within the X or FKA Twitter,
Speaker 1: but obviously discussed it with their lawyers to get it
Speaker 1: into court.
Speaker 4: Right, Federal you have silencing people is utterly totalitarian. It
Speaker 4: is totally contrary not only to the letter, but to
Speaker 4: the spirit of the Constitution and.
Speaker 3: To the history of the country. You can say whatever
Speaker 3: you want about the government.
Speaker 1: Yeah, and you know the idea that speaking about it,
Speaker 1: you mentioned the revision to the Patriarch which removed this
Speaker 1: sort of gagger provision, at least in so far as
Speaker 1: consulting with a lawyer. It was the discussion about in
Speaker 1: the revelation that resulted in chatter, which resulted in a
Speaker 1: change of the law. That's what we're supposed to be
Speaker 1: talking about. That's the reason we have free speech. It's
Speaker 1: sort of advance the communication and advance the discussion, and
Speaker 1: we'll find fatal flaws and unconstitutional realities because well we're
Speaker 1: talking about it.
Speaker 4: You know, I don't know the legislative history of the
Speaker 4: Stored Communications Act. It's Reagan era, it's nineteen eighty six.
Speaker 4: But I do know the legislative history of the Patriot Act.
Speaker 4: No one in the House of Representatives read it. How
Speaker 4: do I know that they had fifteen minutes to read it.
Speaker 4: It's one hundred and fifteen pages long. But even if
Speaker 4: you're a speed reader, it doesn't read like a novel.
Speaker 4: You have to have the entire United States Criminal Code
Speaker 4: in front of you because these one hundred and fifteen
Speaker 4: pages basically consists of amending statutes that already exist.
Speaker 3: I've read it twice.
Speaker 4: It takes about twenty hours to read, so I know
Speaker 4: that no one in the House of Representatives read it.
Speaker 4: Only two members of the Senate claimed on the Senate
Speaker 4: for that they read it and both of them voted
Speaker 4: against it.
Speaker 1: Well, certainly the First Women is under attack. You illustrated
Speaker 1: quite often on the program we have, you know, Hillary
Speaker 1: Clinton lamenting the First Amendment the other day, talking about
Speaker 1: how it's an impediment to I don't know what their
Speaker 1: unified message or the unified message that they want you
Speaker 1: to absorb rather than something that we might disagree with it.
Speaker 1: And that the Supreme Court refused to take this up. Okay,
Speaker 1: what have you drawn a specific conclusion about this? Are
Speaker 1: they afraid to take this head on?
Speaker 3: You know, Brian, another great question.
Speaker 4: The Supreme Court's decision was without an opinion and without
Speaker 4: a dissent. I don't know how that could be Gor
Speaker 4: Sich as a civil libertarian on the right, Soda mayor
Speaker 4: as a civil libertarian on the left. I don't know
Speaker 4: how there there was no opinion and no dissent on this.
Speaker 4: Because this government, this is this nonsense about government silencing
Speaker 4: people is very, very dangerous. Donald Trump wants to amend
Speaker 4: the First Amendment to permit the Congress to criminalize for
Speaker 4: burning not burning somebody else's flag, not burning the government flag,
Speaker 4: but burning your own flag. Hillary Clinton and John Kerry
Speaker 4: both lamented that the First Amendment is an impediment to truth.
Speaker 4: Impediment to truth.
Speaker 1: Yea.
Speaker 3: It is the greatest route to truth we have had.
Speaker 4: It allows people to challenge orthodoxy, to challenge the government,
Speaker 4: to compel government transparency. But these are dangerous times for
Speaker 4: a free speech as we can see as recently as
Speaker 4: two days ago.
Speaker 1: Well, the point you just made about the First Amendment,
Speaker 1: that's why they have such a disdain for it and
Speaker 1: why they're willing to just basically ignore it. It's frightening.
Speaker 1: But we need to fight for our rights. We need
Speaker 1: to speak, and we need to speak often and loudly
Speaker 1: on the subject. And I recommend judging of Politano's column
Speaker 1: to everyone share it. The government compels silence. Again, it
Speaker 1: comes out of midnight tonight, as we do, we always
Speaker 1: end on judging freedom. Who you're going to be speaking
Speaker 1: with today in your podcast, I.
Speaker 4: Have at eleven this morning, Colonel Doug list McGregor, who
Speaker 4: may very well be the Secretary of Defense in a
Speaker 4: Trump administration. I have Inveassador Charles Freeman. I have Phil Giraldi,
Speaker 4: the famous FBI a or excuse me, excuse me, CIA
Speaker 4: agent who told George W.
Speaker 3: Bush.
Speaker 4: Saddam Hussein had no weapons of mass destruction of Bush
Speaker 4: threw him out of the office, and Phil resigned immediately thereafter.
Speaker 4: And I have the terrific and fearless Canadian investigative journalist
Speaker 4: Aaron Mate.
Speaker 3: So it's a busy and fruitful day for me.
Speaker 1: Clearly we'll have plenty to absorb after this podcasts come out.
Speaker 1: Judgentena Paula Twana God bless you, sir. I appreciate the
Speaker 1: time you spend with my listeners to me every week
Speaker 1: and already looking forward to next Wednesday.
Speaker 3: Thank you, Brian, all the best, my pleasure, sir.
Speaker 1: Eight forty fifty five KRCD Talk Stations Stick around, got
Speaker 1: a little bit more to talk about. It looks like
Speaker 1: we got a caller online as well, so be right back.
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