WEBVTT

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<v Speaker 1>The Channel nine first one to other hole cast today

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<v Speaker 1>mostly excited to be windy though seven pm and after

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<v Speaker 1>looking for some spotty showers, today's ygh forty two. That

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<v Speaker 1>spotty shower turn into a wintery mix overnight. It's now

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<v Speaker 1>possible it's going down to eighteen degrees Tomorrow's high twenty

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<v Speaker 1>six because it's going to be greezy under sunny skys.

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<v Speaker 1>It's going to feel more like fifteen overnight. Another cold

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<v Speaker 1>night sixteen degrees, clear skies, sunny on Friday with aya

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<v Speaker 1>thirty four twenty seven degrees. Right now, it's about PERCD

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<v Speaker 1>talk station Chuck Ingram Tier traffor.

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<v Speaker 2>I'm the u S Help Traffic Center you see help

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<v Speaker 2>Weight Boss center offers comprehensive OBECD care and advanced surgical

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<v Speaker 2>expertise called five to one three nine three nine two

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<v Speaker 2>two sixty three. That's nine three nine twenty two sixty three.

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<v Speaker 2>Cruise continue to work with the wreck East found two

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<v Speaker 2>seventy five at seventy five in Earlwaninger left plane's blocked

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<v Speaker 2>off traffic back some Miniova Pike, then northbound seventy five

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<v Speaker 2>slows from there into the cut. Southbound seventy five continues

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<v Speaker 2>slow in and out of Lachlan in South seventy one.

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<v Speaker 2>You're offing on the brakes from two seventy five down

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<v Speaker 2>to Red Bank. This is Santa's list Day. That is

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<v Speaker 2>the day where everyone finds out if they're on the

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<v Speaker 2>naddy or the nice list. A guest coming up next,

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<v Speaker 2>I'm pretty sure he's on the nice list. The Judge's next,

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<v Speaker 2>Chuck Ingram on fifty five krc DE talk station.

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<v Speaker 1>Now, who can argue with that? Eight thirty and a

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<v Speaker 1>very happy Wednesday reminder, since I know so many people

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<v Speaker 1>are tuned in right now because it's the appointment listening

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<v Speaker 1>with Judge enital Polatano. It's listener lunch day, last day

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<v Speaker 1>or last lunch of the year. We'll be at price

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<v Speaker 1>deal Chili. Judge of Politano will not he is. I'm

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<v Speaker 1>looking at him right now on zoom call. Welcome back here, Honor.

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<v Speaker 1>You know how much I look forward to this. It

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<v Speaker 1>looks like you're at a different venue today.

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<v Speaker 3>I am. I am. I'm in my office in New

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<v Speaker 3>York City, where I will be for the next I

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<v Speaker 3>don't know how long, slightly different schedules. You see me

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<v Speaker 3>instead of follow shirt and unshaven with a coat and

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<v Speaker 3>tie and clean shaven.

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<v Speaker 1>Look, you're looking great. I'm sure you've got a whole

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<v Speaker 1>lot on your plate, as you typically do. And we'll

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<v Speaker 1>find out what's going on with judging freedom coming up

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<v Speaker 1>at the end of the segment, as we always do.

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<v Speaker 1>But this one, I've been calling all morning an upcoming

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<v Speaker 1>constitutional law lesson. We're going to be We're going to

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<v Speaker 1>be engaged in a deeper die because when I read

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<v Speaker 1>the topic, or when I read your columns heading, you

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<v Speaker 1>captured the column three cheers for Hunter's pardon, and I

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<v Speaker 1>started worrying, because you know, every once in a while

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<v Speaker 1>my listener's perspectives on politics and life will come into

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<v Speaker 1>a measure of disagreement with the judge, like I can't

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<v Speaker 1>believe he said that. And I'll defend you all day long.

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<v Speaker 1>I'll defend your position even if I disagree with it,

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<v Speaker 1>because we engage in a thoughtful conversation. And I wasn't

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<v Speaker 1>expecting you to back up to where you went when

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<v Speaker 1>I was starting to read the column, and the point

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<v Speaker 1>being fundamentally the original point that you make regularly one

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<v Speaker 1>that the foundation, the highest law of the land in

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<v Speaker 1>our country is the Constitution, and it limits the size

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<v Speaker 1>and scope of government, so much so that Hunter Biden

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<v Speaker 1>shouldn't even have been charged into these because they don't

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<v Speaker 1>have the authority for the various charges like, for example,

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<v Speaker 1>the Second Amendment. You shouldn't have to fill out a

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<v Speaker 1>form to have your exercise your Second Amendment. So go ahead,

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<v Speaker 1>I mean you please.

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<v Speaker 3>So there's two charges here, I mean, first of all,

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<v Speaker 3>and no one can really analyze what's going on in

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<v Speaker 3>Joe Biden's brain. I don't know if he knows what's

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<v Speaker 3>going on fair enough in his brain. This is obviously

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<v Speaker 3>Joe Biden, the father over Joe Biden, the institutionalist who

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<v Speaker 3>were railed against the concept of pardons, who railed against

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<v Speaker 3>Gerald Ford's pardon of Richard Nixon. There are, of course,

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<v Speaker 3>just by way of background, two classes of pardons, one

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<v Speaker 3>for a specific crime, and one a broad form for

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<v Speaker 3>all crimes that you might have committed, whether charged or uncharged,

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<v Speaker 3>whether known or unknown. That's the pardon that Ford gave

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<v Speaker 3>to Nixon, That's the pardon that Joe gave to Hunter.

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<v Speaker 3>But the crimes for which he was prosecuted, you and

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<v Speaker 3>I would not have been prosecuted for them. The tax

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<v Speaker 3>crime he actually paid the taxes with interest and with penalty,

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<v Speaker 3>and they still prosecuted him because of pressure the Republicans

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<v Speaker 3>put on the Justice Department the gun crime. Under the

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<v Speaker 3>Supreme Court's ruling, the current gun laws are supposed to

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<v Speaker 3>reflect what they were in seventeen ninety one when the

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<v Speaker 3>Second Amendment was adopted. In seventeen ninety one, you could

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<v Speaker 3>smoke all the hemp you wanted and still carry a

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<v Speaker 3>sidearm proof George Washington and Thomas Jefferson were millionaires by

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<v Speaker 3>selling hemp.

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<v Speaker 1>Yeah.

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<v Speaker 3>Yeah, I think he can't make this upright.

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<v Speaker 1>No, and at some point and maybe we can just

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<v Speaker 1>look at that one specific issue, the FFL form you

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<v Speaker 1>have to fill out, and also the barrel length restriction rules.

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<v Speaker 1>You know, you have to have a special license for

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<v Speaker 1>short barreled rifles and all these layers of laws. I

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<v Speaker 1>am wondering whether now we have with the current you know,

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<v Speaker 1>the Brewin decision and the others, if we have this

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<v Speaker 1>opportunity now for someone, for example, Hunter of Biden could

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<v Speaker 1>have defended himself and said, no, this FFL nonsense, even

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<v Speaker 1>though I was stoned out of my mind and I

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<v Speaker 1>lied on the form. This FFL nonsense is unconstitutional on

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<v Speaker 1>its face because none of it existed at the time

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<v Speaker 1>the Second Amendment was acknowledged by the Bill of Rights,

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<v Speaker 1>and ergo, you can't put that kind of impediment in

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<v Speaker 1>front of me when I'm trying to exercise my Second

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<v Speaker 1>Amendment rights.

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<v Speaker 3>So the standard definitions of crime, you know this, I

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<v Speaker 3>know this, many of your listeners probably do, has three requirements.

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<v Speaker 3>One that the crime is promulgated by a legitimate authority

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<v Speaker 3>that has the authority to make the event a crime.

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<v Speaker 3>Two that there was harm. Three that there was a victim.

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<v Speaker 3>There was no harm here. The gun that he bought,

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<v Speaker 3>he had his girlfriend throw away in a dumpster before

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<v Speaker 3>it was ever even fired. There was no victim here.

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<v Speaker 3>I suppose the government would claim it was a victim

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<v Speaker 3>because he lied to the government, But the government can't

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<v Speaker 3>show that it was harmed by its victimhood. And then

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<v Speaker 3>we get back to where we started, Brian, does the

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<v Speaker 3>Congress have the authority to make these things a crime?

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<v Speaker 3>This will scandalize the public. What I'm about to say.

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<v Speaker 3>You know this, and lawyers know this, and students of

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<v Speaker 3>the Constitution know this. The Constitution authorizes just two crimes,

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<v Speaker 3>debasing the money supply, you know, putting out a coin

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<v Speaker 3>that's half gold and half pewter and claiming it's all

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<v Speaker 3>gold and getting the full face value for it, debasing

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<v Speaker 3>the money supply, and then that coin is out in

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<v Speaker 3>the money supply. And treason, which is defined in the

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<v Speaker 3>Constitution as giving aid and comfort to the country's enemies

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<v Speaker 3>or waging war against against the States. How many crimes

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<v Speaker 3>has Congress created five thousand, one and ninety nine and

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<v Speaker 3>only two of them are authorized by the Constitution.

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<v Speaker 1>And that's why I said we were going to law

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<v Speaker 1>school today, because you know, a lot of people said, well, listen,

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<v Speaker 1>anybody else on the planet, we would be prosecuted if

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<v Speaker 1>we had that many suspicious activity reports on our multiple

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<v Speaker 1>bank accounts with money flowing three the inflowing from from

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<v Speaker 1>foreign governments into our own personal hands. They would have

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<v Speaker 1>investigated us had we done something like that. They wouldn't

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<v Speaker 1>have slow walked the IRS investigation to the point where

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<v Speaker 1>they let the Statute of limitations run. They'd have been

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<v Speaker 1>all over us like white on rises. My dad used

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<v Speaker 1>to say, but to your point, there are five ninety

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<v Speaker 1>nine federal crimes on the books now, only two of

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<v Speaker 1>which really are legitimate under the limitations of the Constitution,

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<v Speaker 1>the balance are in the hands of the states. The states,

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<v Speaker 1>as you acknowledge in point out in your historical review,

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<v Speaker 1>the in the column, would be responsible for prosecuting anyone

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<v Speaker 1>who violated the law.

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<v Speaker 3>Correct like the Whiskey Rebellion, where a bunch of farmers

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<v Speaker 3>in western Pennsylvania in seventeen ninety one to two three

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<v Speaker 3>and four refused to pay an exercise tax on whiskey

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<v Speaker 3>because they needed to sell the whiskey to stay alive

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<v Speaker 3>and operate their farms, and they resisted the tax collector

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<v Speaker 3>with violence. They were prosecuted in a Pennsylvania state court.

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<v Speaker 3>Two of them were prosecuted for treason. How can failure

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<v Speaker 3>to pay a tax be treason? Well, they persuaded a

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<v Speaker 3>federal judge that using violence against the federal tax collector

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<v Speaker 3>was the moral equivalent of treason. They were convicted and

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<v Speaker 3>George Washington pardoned them in the first pardons presidential pardons

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<v Speaker 3>in American history. Now there was a downside to this

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<v Speaker 3>to Joe not to Hunter. Last week. If Hunter was

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<v Speaker 3>dragged before the House Oversight Committee and sworn to tell

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<v Speaker 3>the truth and said, and they asked him, did you

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<v Speaker 3>funnel money to your father from Barisma when he was

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<v Speaker 3>Vice president of the United States. Answer. I refusually declined

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<v Speaker 3>to answer on the grounds to the Fifth Amendment right.

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<v Speaker 3>To ask him that question tomorrow he has to answer.

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<v Speaker 3>He has no Fifth Amendment right. By accepting the pardon,

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<v Speaker 3>he gave up his Fifth Amendment rights.

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<v Speaker 1>And ergo, he could be a witness in some future

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<v Speaker 1>prosecution related to some criminal activity on a federal level.

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<v Speaker 1>Because this pardon only absolves him of federal crimes state crimes,

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<v Speaker 1>it does not involve ergo, he could be still criminally

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<v Speaker 1>prosecuted in a state had he done something during this

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<v Speaker 1>window of time.

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<v Speaker 3>I don't know. Go ahead testimony, of course, could also

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<v Speaker 3>be used to embarrass humiliate the father. It's too late

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<v Speaker 3>to prosecute the father. Let's say that Joe was bribed

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<v Speaker 3>just hypothetically when he was vice president. The statute of

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<v Speaker 3>limitations is five years, so it's too late to prosecute him.

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<v Speaker 3>It's not too late to impeach him even after he

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<v Speaker 3>leaves office, and of course it's never too late to

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<v Speaker 3>tarnish his legacy. But his own Justice Department said, he's

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<v Speaker 3>a dottering old man and he can't put him in

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<v Speaker 3>the defense.

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<v Speaker 1>Chair, and given his age and his obvious health issues,

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<v Speaker 1>it could be that, you know, God rest his soul.

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<v Speaker 1>Joe Biden's not around for a long time. Hunter Biden

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<v Speaker 1>may very well find himself in need of money, and

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<v Speaker 1>Ergo could write memoirs and expose everybody and everything that's

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<v Speaker 1>gone on in the name of making literally millions of

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<v Speaker 1>dollars correct.

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<v Speaker 3>Correct. Most of the people that I interact with are

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<v Speaker 3>furious about the pardon because they hate the father and

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<v Speaker 3>they hate the son, and they think that the father

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<v Speaker 3>it's a crook, and he helped the son get away

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<v Speaker 3>with being a crook. But all of that is a

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<v Speaker 3>legitimate opinion that is widely held. My analysis is based

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<v Speaker 3>upon what I suggest and argue is a prudent reading

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<v Speaker 3>of the Constitution, a Madisonian reading of the Constitution, which

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<v Speaker 3>says the Constitution chains down the federal government. Congress can't

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<v Speaker 3>give itself the power to enact laws that the Constitution

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<v Speaker 3>doesn't authorize it to an act.

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<v Speaker 1>Well, I can only wait for the day when someone

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<v Speaker 1>can raise these arguments, have standing to raise them, raise

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<v Speaker 1>them in a federal court, and maybe make it up

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<v Speaker 1>to the Supreme Court, who would say, you know what,

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<v Speaker 1>after two hundred and fifty years, You're right, this is

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<v Speaker 1>gonna stop real quick. I just got to read this

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<v Speaker 1>line of the judge who is dismissing the uh. I

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<v Speaker 1>believe it's the tax case. And apparently the pardon wasn't

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<v Speaker 1>properly filed. So he made a point about the appropriate

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<v Speaker 1>nature of the filing. You know how courts aren't judges

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<v Speaker 1>are with eyes properly being dot and teas cross. So yes,

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<v Speaker 1>I'm going to dismiss it when it's properly filed with me.

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<v Speaker 1>But he had this today, had this to say, and

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<v Speaker 1>I thought it was rather funny something for the following discussion.

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<v Speaker 1>The court assumes the pardon is effective and we'll dispose

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<v Speaker 1>of the case. The Supreme Court long has recognized that,

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<v Speaker 1>notwithstanding it's nearly unlimited nature, the pardon power extends only

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<v Speaker 1>to past offenses, which to me sounded like this sort

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<v Speaker 1>of perception that Hunter Biden was going to go back

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<v Speaker 1>to criminal activity on a going forward basis.

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<v Speaker 3>Right, imagine if you could pardon someone into the future.

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<v Speaker 1>My god, judge edit of Politano, I always love our conversations.

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<v Speaker 1>Thanks for taking everybody to law school today and reminding

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<v Speaker 1>us that the Constitution is a limiting document. Enjoy yourself

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<v Speaker 1>in New York, if that's possible, and have a wonderful week,

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<v Speaker 1>and I'll look forward to next one day, Wednesday, and

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<v Speaker 1>another great conversation with you, sir.

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<v Speaker 3>Right right back at you, Colonel Douglas McGregor. Yeah, on

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<v Speaker 3>Judging Freedom today. What's going on in South Korea? And

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<v Speaker 3>why is Joe Biden continuing to extend the war in

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<v Speaker 3>Ukraine to dump it into Donald Trump's lap.

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<v Speaker 1>I think you're right on that one, sir. Can't make

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<v Speaker 1>heads or tail out of that debacle. We're looking forward

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<v Speaker 1>to checking out your podcast, Judging Freedom. Search for it

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<v Speaker 1>where you find your podcast, and tune in every Wednesday

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<v Speaker 1>at eight thirty for the Judge. Here in the fifty

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<v Speaker 1>five KRS Morning Show, Love you my friend.

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<v Speaker 3>Back at you, Brian, Thank you.

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<v Speaker 1>It's a forty two here fifty five KRC, the talk

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<v Speaker 1>stations stick around, got a little more talk about right back.

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<v Speaker 3>Fifty five KRC dot com. Hey, it's the snee And

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<v Speaker 3>for the