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<v Speaker 1>Time for the channel light first one and weather forecast

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<v Speaker 1>juny mostly sunny day to day, turning partly cloudy with

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<v Speaker 1>a chance of storm's best opportunity for that they're saying

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<v Speaker 1>between one and eight pm APM is the end of

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<v Speaker 1>the heat advisory in effect. Ninety three are high today

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<v Speaker 1>with a heat index north of one hundred overnight down

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<v Speaker 1>to seventy four. Just a slight chancer rain pop up

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<v Speaker 1>afternoon storms tomorrow kind of like today. Ninety two for

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<v Speaker 1>the high, overnight muggy and seventy four and a high

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<v Speaker 1>of ninety four on Friday again with a chance of

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<v Speaker 1>afternoon storms up to eighty. Right now, time for a

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<v Speaker 1>traving update. Chuck Ingram from the US see health.

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<v Speaker 2>You find comprehensive care that's so personal, what makes your

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<v Speaker 2>best tomorrow possible. That's boundless care for better outcomes, So

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<v Speaker 2>expect more at uc help dot com. A bit of

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<v Speaker 2>good news eastbound two seventy five traffic is starting to

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<v Speaker 2>move again between Hamilton Avenue and when it's going to

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<v Speaker 2>take a while to get rid of the backup. Eastbound

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<v Speaker 2>Reagan Highway continues heavy, yes, so looks for looking for

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<v Speaker 2>alternatives to the closure between two seventy five and seventy

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<v Speaker 2>five northbound. Seventy five are wrecked near Gabrith southbound an

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<v Speaker 2>accident near Tylersville. Look, it's really hot, so let's give

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<v Speaker 2>you a few tips on how to stay cool like

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<v Speaker 2>the Yankees. No wait, they're cold, Stay hydrated, wear light

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<v Speaker 2>colored clothes, fine shade or air conditioning, and listen to

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<v Speaker 2>the judge. He's next. Chuck ingramon fifty five KARS the

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<v Speaker 2>talk station.

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<v Speaker 1>Eight fifty five airc DE talk station, A very happy Wednesday.

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<v Speaker 1>It's like, I hate to say it out loud for

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<v Speaker 1>fear of things tanking on us, but it looks like

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<v Speaker 1>our systems are actually working today. I can see Judge Ennapolitano.

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<v Speaker 1>Welcome back, sir. One of my favorite times of the

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<v Speaker 1>week having you on my program. It's good to hear

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<v Speaker 1>you back.

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<v Speaker 3>Thank you, Thank you very much, Brian.

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<v Speaker 4>And why why did Ingram have to mention the Yankees

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<v Speaker 4>at a time like this?

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<v Speaker 1>Watching the game yesterday, my wife's.

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<v Speaker 4>Not exactly in a hot streak, and we know who

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<v Speaker 4>they're playing this week. I want to thank your producer

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<v Speaker 4>Joe Strecker and mine Chris Leonard for fixing the issue

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<v Speaker 4>that caused me to kept getting bounced off last week,

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<v Speaker 4>But you're in good company. I was being interviewed by

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<v Speaker 4>the Foreign Ministry of Russia and kept getting bounced off.

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<v Speaker 1>No, no, let's go.

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<v Speaker 3>I'm in New York.

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<v Speaker 4>There in Moscow and we had to go to my iPhone.

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<v Speaker 4>But all is well here.

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<v Speaker 3>All is not well in Washington, d C.

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<v Speaker 4>Where the President thinks he can start any war without

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<v Speaker 4>a congressional declaration and then drive from office one of

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<v Speaker 4>the few people who understands and defends the Constitution, in

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<v Speaker 4>this case, the premiere defender of the Constitution, Congressman Thomas Massey,

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<v Speaker 4>And all is not well when the president dispatches police

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<v Speaker 4>wearing masks to arrest people without search warrants or arrest

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<v Speaker 4>warrants and claims that somehow that is consistent with the Constitution.

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<v Speaker 4>Hence my piece this week, the Coming police State.

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<v Speaker 1>Yes, the coming police State. We'll get to that just

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<v Speaker 1>a moment. On the attacks on Massy, I was similarly thought.

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<v Speaker 1>I found it rather preposterous and ridiculous. You know, when

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<v Speaker 1>you elect someone, they're not going to be one hundred

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<v Speaker 1>percent lockstep in line with what you believe each and

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<v Speaker 1>every time. But he is a staunch defender of the

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<v Speaker 1>supreme law of the land, a document that Donald Trump

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<v Speaker 1>and every other member of elected capacity has sworn an

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<v Speaker 1>oath to uphold. And I know there are different thoughts

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<v Speaker 1>and opinions about that, but you know, and I've had

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<v Speaker 1>to sort of defend Massy as well as defend Trump

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<v Speaker 1>and kind of do this balancing act since the bombs dropped,

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<v Speaker 1>and the balancing acts brought about by things that you

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<v Speaker 1>and I have talked about, like, for example, authorizations for

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<v Speaker 1>use of military force, as well as the War Powers

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<v Speaker 1>Act in nineteen seventy three, two things that fly in

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<v Speaker 1>the face of the delegation of powers within the Constitution,

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<v Speaker 1>and things of which not have been tested in court

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<v Speaker 1>to see if they are on constitutionally firm grounds. So

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<v Speaker 1>you have people arguing that he can react, he has

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<v Speaker 1>sixty day window where he can pretty much damme do

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<v Speaker 1>anything he wants as Commander in achieved. That's what the

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<v Speaker 1>War Powers were access But that's a delegation of power

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<v Speaker 1>that Congress holds correct.

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<v Speaker 3>Right, correct.

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<v Speaker 4>This is Massi's argument that the War Powers Resolution, which

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<v Speaker 4>was vetoed by President Nixon, not because it passed along

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<v Speaker 4>to the presidency too much power. But yeah, Nixon was

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<v Speaker 4>on the other extreme of this. Remember Nixon said it

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<v Speaker 4>once in his interview with David Frost after he left office.

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<v Speaker 4>If the president does it, that means it's not illegal. Translation,

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<v Speaker 4>the president do whatever he wants. Nixon thought the War

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<v Speaker 4>Powers Resolution krimped his style rather than gave to the

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<v Speaker 4>president the powers that the Congress has. Congressman Massey's argument

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<v Speaker 4>is twofold one. The War Powers Resolution is unconstitutional because

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<v Speaker 4>the power to declare war is a core function of Congress.

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<v Speaker 4>What is a core function one that has articulated in

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<v Speaker 4>the Constitution, and the Supreme Court has ruled many times

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<v Speaker 4>core functions cannot be transferred from one branch to the other.

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<v Speaker 3>That's argument number one. Argument number two.

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<v Speaker 4>Even if the War Powers Resolution it's a law, it's

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<v Speaker 4>an act, but its official title is the word resolution.

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<v Speaker 1>Right, I don't know why.

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<v Speaker 4>Even if the War Powers Resolution is constitutional, there's a

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<v Speaker 4>condition in there. The President can only fight these wars,

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<v Speaker 4>drop these bombs, attack where every once for sixty days

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<v Speaker 4>if there's an imminent threat.

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<v Speaker 3>To American national security.

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<v Speaker 4>What imminent threat did Iran pose to the national security

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<v Speaker 4>of the United States? When American intel says they didn't

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<v Speaker 4>have and weren't developing and haven't been working on a bomb.

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<v Speaker 3>Since two thousand and two.

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<v Speaker 1>Well, we can all ask the same thing. I mean,

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<v Speaker 1>I mean, obviously eras before the War Powers resolution, what

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<v Speaker 1>eminent threat to North Korea or Kosovo or Libya or

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<v Speaker 1>Vietnam or any other conflicts we've been in over the

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<v Speaker 1>past multiple decades, none of which represented a fifty the

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<v Speaker 1>American people, But we ended up in long term, embroiled

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<v Speaker 1>conflict with those countries and lost lots of lots of life.

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<v Speaker 4>My stomach was turned yesterday and by a piece in

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<v Speaker 4>the Washington Post op ed because it was written by

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<v Speaker 4>three well respected law professors whom I know. Their argument

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<v Speaker 4>is an interesting one, but it's constitutional nonsense. Their argument is, Okay,

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<v Speaker 4>we haven't declared war since December eighth, nineteen forty one.

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<v Speaker 4>Actually there was a subsequent declaration of war a little

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<v Speaker 4>bit later, but it was for World War Two, and

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<v Speaker 4>we fought thirty six wars in the interim. Because Congress

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<v Speaker 4>didn't challenge those wars, it actually enabled the president constitutionally

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<v Speaker 4>to declare them.

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<v Speaker 3>That is absolute hogwashed. But that's their argument.

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<v Speaker 4>Yeah, their argument is that a regular, consistent, systematic pattern

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<v Speaker 4>violating the Constitution somehow magically makes that violation constitutional when

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<v Speaker 4>it's unchecked, unstopped, and accepted. I have read, so where

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<v Speaker 4>the case is that were the case, you could change

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<v Speaker 4>anything in the Constitution.

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<v Speaker 1>It's like remember open, notorious, hostile underclaim of right. He

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<v Speaker 1>just declared it's yours, and you squat on it and

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<v Speaker 1>you keep waving it around. Finally it becomes yours. Well,

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<v Speaker 1>this is like they're acting in reliance on nobody's follow

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<v Speaker 1>through with accountability for prior acts that are unconstitutioned. Now

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<v Speaker 1>here's a great question.

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<v Speaker 3>Though.

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<v Speaker 1>They obviously were going to try to impeach Trump on this,

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<v Speaker 1>even though they let it slide when it came to

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<v Speaker 1>Reagan and Bush and Obama and Biden and everybody else

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<v Speaker 1>who's played fast and loose with the declarations of war

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<v Speaker 1>and dropped bombs and regions that represented a threat to

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<v Speaker 1>our nation. So this time they plan on going through

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<v Speaker 1>an impeachment process. Obviously that got shot down. Yes, they

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<v Speaker 1>were an overwhelming supported Democrats. They don't want to type

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<v Speaker 1>this with a ten foot poll.

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<v Speaker 4>And impeachment in this environment is absurd. Let me point

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<v Speaker 4>out something else. This is how smart Congressman Thomas Massey,

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<v Speaker 4>who's an engineer and MI I t top of his class.

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<v Speaker 3>Engineer, not a lawyer or a.

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<v Speaker 4>Constitutional scholar, although he knows more about the Constitution than

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<v Speaker 4>these three that wrote this nonsense in the in the

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<v Speaker 4>Washington Post and are high paid professors at eminent law schools.

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<v Speaker 4>When Barack Obama bombed Libya at Missus Clinton, then his

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<v Speaker 4>secretary of State, at Missus Clinton's assistance, remember she said, we.

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<v Speaker 3>Came, we bombed, he died. Ha ha as if that's

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<v Speaker 3>something laugh about.

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<v Speaker 4>In order to avoid the constitutional issues, he did not

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<v Speaker 4>use the military. He used the CIA. They were dressed

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<v Speaker 4>in uniforms, they flew planes, they dropped bombs, they shot missiles,

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<v Speaker 4>but they were not the United States military. The War

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<v Speaker 4>Powers Resolution only requires reporting and eventual approval. If he

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<v Speaker 4>used the military, why because in nineteen seventy three it

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<v Speaker 4>was unthinkable that the CIA would have its own army.

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<v Speaker 4>Today it does. Barack Obama used it. He didn't give

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<v Speaker 4>any notification. He made an announcement from Brazil, which is

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<v Speaker 4>where he was while Congress was on spring break. We

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<v Speaker 4>just destroyed Bolbyan government never used the American military, so

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<v Speaker 4>My argument is these people, Obama, Bush, Biden, Trump, they

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<v Speaker 4>all took the same oath I did when I became

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<v Speaker 4>a judge. Excuse me, preserve, protect, and defend the Constitution

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<v Speaker 4>as it's written, not as you want it to be.

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<v Speaker 4>They all find ways around it. Is that what we

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<v Speaker 4>voted for?

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<v Speaker 1>Well it's not what I voted for, of course, But see,

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<v Speaker 1>Congress doesn't want to do its job. It does not

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<v Speaker 1>want the responsibility of having the heavy load of an

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<v Speaker 1>actual consideration of war. And it's unlikely that these that

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<v Speaker 1>you could hurt enough cats to get get to engage

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<v Speaker 1>the military, which obviously in these you know, everybody's looking

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<v Speaker 1>for expedients rather than actual you know, a faith in

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<v Speaker 1>the law and the Constitution. It's easier for them to

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<v Speaker 1>just let it go. And since we have a history

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<v Speaker 1>of them letting it go, it's just it's status quo,

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<v Speaker 1>I mean. And I wanted to get to the question

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<v Speaker 1>what would be the how could you hold a president

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<v Speaker 1>in account if everyone was in accord that this exceeded

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<v Speaker 1>the presidential authority? Is impeachment throughoute that you go you've

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<v Speaker 1>done something? Is that represent a high crime and misdemeanor

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<v Speaker 1>to deploy military forces, or inn Obama's case, the CIA,

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<v Speaker 1>to get the dirty work done.

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<v Speaker 3>Well.

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<v Speaker 4>He spent one hundred million dollars. He bombed tunnels that

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<v Speaker 4>were empty. He didn't set back the nuclear program at all.

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<v Speaker 4>The nuclear program was lawful, authorized by the IAEA and

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<v Speaker 4>the Non Proliferation Treaty, which the United States has signed

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<v Speaker 4>and Israel is not. It was inspected and improved by

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<v Speaker 4>the UN. Could you imagine if somebody did that to us,

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<v Speaker 4>if somebody attacked one of our nuclear reactors because they

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<v Speaker 4>didn't want us to have a nuclear weapon, even though

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<v Speaker 4>we've signed the Non Proliferation Treaty. Thomas Massey I think

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<v Speaker 4>the rest of the Congress is afraid of him because

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<v Speaker 4>he points out how they don't do their job. Because

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<v Speaker 4>they like Donald Trump, they will just overlook these things,

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<v Speaker 4>or because they're lazy, they will overlook these things. When

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<v Speaker 4>Obama bombed Libya, at that very moment, I was on

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<v Speaker 4>air interviewing the late Great Harlem Congressman Charles Wrangle, who

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<v Speaker 4>sounded like this, and I said, Congressman Wrangle, why did

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<v Speaker 4>the Congress look the other way? Without imitating his voice,

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<v Speaker 4>I'll say, well, it's very easy if it's a success

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<v Speaker 4>will applaud him.

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<v Speaker 3>If it's a failure, it's his failure.

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<v Speaker 4>Well, that is a rejection of your obligation under the Constitution.

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<v Speaker 1>So what's the follow through? Then, going back to my question, if.

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<v Speaker 3>You know there is no follow through.

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<v Speaker 4>If Congressman Massey were to bring a lawsuit before a

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<v Speaker 4>federal judge to enjoin Trump from violating the Constitution, the

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<v Speaker 4>federal judge will say.

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<v Speaker 3>This is a political question. Yes, this is not something

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<v Speaker 3>we can resolve. You have to enact more time.

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<v Speaker 4>You have to elect more Thomas Massey's to the Congress,

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<v Speaker 4>or elect a Thomas Massey like person to the White House.

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<v Speaker 4>This is not a justitiable issue. So we're stuck with it.

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<v Speaker 1>So one of the mechanisms, though I suppose the only ones,

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<v Speaker 1>sin say the power of the person will be to

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<v Speaker 1>cut off funding. But that would require cutting off all

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<v Speaker 1>funding to the American military. Otherwise you play fast and

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<v Speaker 1>loose with the pile of money that's handed over to

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<v Speaker 1>the American military to keep it running.

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<v Speaker 4>Right, you can, because the president doesn't have a line

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<v Speaker 4>item veto, he'd have to veto the entire budget, so

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<v Speaker 4>you can put in there, none of these funds shall

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<v Speaker 4>be used for and list a bunch of things, but

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<v Speaker 4>be very difficult to enforce that, very very difficult. You're

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<v Speaker 4>talking about a budget of a trillion dollars. The Pentagon

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<v Speaker 4>hasn't passed in audit in the past twenty years, and

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<v Speaker 4>nobody knows where the money goes.

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<v Speaker 1>Well, I suppose that for this long circuitous defense of Congress,

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<v Speaker 1>Fomasse and the Constitution, we find ourselves at a rather

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<v Speaker 1>interesting point here, Judseph Palatano, which is it sounds like

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<v Speaker 1>there's not a damn thing any of us can do

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<v Speaker 1>about it.

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<v Speaker 4>Well, a lot of this will change if the Democrat

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<v Speaker 4>I'm not suggesting this is a good thing, because there's

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<v Speaker 4>a down, a tremendous downside to this. If the Democrats

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<v Speaker 4>take either House of Congress, that will at least keep

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<v Speaker 4>Donald Trump's feet to the fire. He didn't even give

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<v Speaker 4>war powers resolution notice to the Gang of Eight, which

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<v Speaker 4>he's required by law to do.

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<v Speaker 3>The Gang of Eight is which is also in constitution

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<v Speaker 3>in Congress.

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<v Speaker 4>Within a Congress, a constitution doesn't authorize that. But they

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<v Speaker 4>are the ranking the chair and the ranking members of

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<v Speaker 4>the two intelligence committees, and the Republican and Democrat leaders.

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<v Speaker 3>In both houses.

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<v Speaker 4>He didn't even give them notice, But he didn't get

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<v Speaker 4>constitution because when he gives them notice, he does so

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<v Speaker 4>under the veil of secrecy. So they can't tell anybody.

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<v Speaker 4>They can't tell their spouses, they can't tell the press,

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<v Speaker 4>they can't tell other members of Congress, they can't tell

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<v Speaker 4>their constituents.

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<v Speaker 3>What the hell kind of a democracy is that?

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<v Speaker 1>Well, I guess it was widely reported that you give

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<v Speaker 1>the notice to Congress after the bombing, which is within

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<v Speaker 1>forty eight hours under the War Powers Resolution. So I

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<v Speaker 1>was I had read pretty much everywhere that that actually

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<v Speaker 1>that he followed through on that, unlike some prior presidents

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<v Speaker 1>who didn't even bother along those lines, consider Secretary State

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<v Speaker 1>Hillary Clinton and Barack Obama with the CIA. So anyhow, again,

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<v Speaker 1>I think we just found ourselves sort of reaching this

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<v Speaker 1>conclusion that he is free to do what the hell

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<v Speaker 1>he wants, just like all the other presidents before him

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<v Speaker 1>have done.

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<v Speaker 4>And then watch for him to start warning about Iranian

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<v Speaker 4>and Mexican sleeper cells and about the need for the

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<v Speaker 4>FEDS to know everything we're thinking and saying in order

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<v Speaker 4>to root out the sleeper cells.

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<v Speaker 1>Going back to your depression.

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<v Speaker 4>Of civil liberties, keep us safe. Absolutely not. Who will

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<v Speaker 4>keep us safe from the people doing the suppressing?

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<v Speaker 1>Yeah? Well, and one might argue that nobody knows that

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<v Speaker 1>better than Donald Trump considered he was the focus of

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<v Speaker 1>many lettered agencies nefarious activities under his first term. Oh,

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<v Speaker 1>judgment Napolitano. Always a pleasure going through these fun topics

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<v Speaker 1>with you.

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<v Speaker 3>It's nice we get to see each other this week.

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<v Speaker 1>Yeah, yeah, that makes it great. Well, who you talking

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<v Speaker 1>to today judging freedom?

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<v Speaker 4>I have the great Max Bloomenthal. I have Professor Glenn Deeson.

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<v Speaker 4>I have Ambassador Craig Murray. I have Phil Giraldi, the

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<v Speaker 4>CIA agent who told George Bush Saddam Hussein does not

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<v Speaker 4>have weapons of mass destruction. Bush threw him out of

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<v Speaker 4>the Oval office, announced to the country that Saddam Hussein

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<v Speaker 4>did have them, and GERALDI resigned. And a Bright a

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<v Speaker 4>bright intellectual PhD and political philosophy and retired Lieutenant Colonel

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<v Speaker 4>Karen Kwadkowski who writes great things for Judge napp dot com.

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<v Speaker 4>So I have a busy day coming up. On Sunday,

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<v Speaker 4>I had Scott Ritter on on a special show because

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<v Speaker 4>of the bombing that occurred on Saturday night. So far

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<v Speaker 4>seven hundred and seventy five thousand views.

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<v Speaker 1>That's great and the numbers keep going up.

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<v Speaker 3>In my world, those are over the top numbers.

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<v Speaker 1>Well way over the top of mine. I have no idea,

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<v Speaker 1>but I did find out you yesterday that I have

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<v Speaker 1>listeners in Nigeria, believe it or not, and that just

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<v Speaker 1>tickled me to death. Judge Jennena Polatana, every Wednesday here

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<v Speaker 1>we have the blessing at eight thirty to talk with him,

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<v Speaker 1>get his insights, thoughts and opinions. I appreciate your time

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<v Speaker 1>and this time. You spoke my listeners each and every

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<v Speaker 1>week and I hope you have a wonderful week and

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<v Speaker 1>until next month when.

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<v Speaker 4>Joe Strecker, thank you for your helping getting us set

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<v Speaker 4>up today. And remember I want to be on with

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<v Speaker 4>Congressman Massey one of these days soon.

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<v Speaker 1>You got it, man. All we need to do is

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<v Speaker 1>work out the logistics, but that can be done. Take

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<v Speaker 1>care of my friends, guys. Thank you to you. Eight

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<v Speaker 1>forty four to fifty five KRC DE Talk Station fifty

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<v Speaker 1>five KRC