Speaker 1: Fifty five Krsity talk station. He knows better than that.
Speaker 1: Of course, the comical comedian that Chuck Ingram is referring
Speaker 1: to Judge Ednapolitano every single Wednesday, with the exceptional holidays
Speaker 1: and vacations here on the fifty five Carssey Morning Show,
Speaker 1: something I look forward to every single week at this
Speaker 1: moment in time, Judge, welcome back, your honor.
Speaker 2: It is always accurate.
Speaker 3: Ryan, he was very, very clever today.
Speaker 2: He has his moments. He has his moments.
Speaker 1: Yeah, someday, if you are in town, the first Wednesday
Speaker 1: of any given month, that's when I do listener lunches.
Speaker 1: We meet at a random independently owned, family owned restaurant
Speaker 1: and all the listeners that want to show up are invited.
Speaker 1: We usually get about one hundred folks and it's a
Speaker 1: real wonderful fellowship exercise.
Speaker 2: We just enjoy a.
Speaker 1: Break from the routine and you know, share stories and
Speaker 1: enjoy each other's course.
Speaker 3: That gathering that we did in the evening once were
Speaker 3: you interested?
Speaker 1: Oh? Yeah, that was the I believe the Northern Kentucky
Speaker 1: Republican event. That's we're going back a lot of years,
Speaker 1: your honor, because that's when we are kind of met
Speaker 1: for the first time and you started doink.
Speaker 2: I don't think Ingram was there.
Speaker 1: No, no, no, no, no no. I believe that was
Speaker 1: by invitation only your honor. Any you start hanging out
Speaker 1: with check Ingram, you might ruin your reputation. You know
Speaker 1: how that goes anyway, As I always do, I am
Speaker 1: a lucky, lucky, lucky man to enjoy then advanced read
Speaker 1: of your column which comes out Wednesday night at midnight
Speaker 1: or midnight tonight, and the right to be left alone.
Speaker 1: You heard us start out with every breath you take
Speaker 1: there by the police, which is how your column is launched.
Speaker 1: And you do mention the word free will.
Speaker 2: And you know me.
Speaker 1: Over the years, we've had many conversations over the concept
Speaker 1: of natural law, and that is one of my favorite
Speaker 1: subject matters when dealing when dealing with and talking about
Speaker 1: our freedoms, because it works out so well. Imagine the
Speaker 1: moment in time you're born into a world without government.
Speaker 1: You land in a field. You are free. No one
Speaker 1: is telling you what to do or how to do it.
Speaker 1: You enjoy all the God given freedoms, the right to
Speaker 1: defend yourself, the right to dig land, feed yourself, nothing
Speaker 1: it's all built in right there from the outset, and
Speaker 1: our founding fathers knew that.
Speaker 3: Our founding fathers knew it. It is the essence of
Speaker 3: the Declaration of Independence. It has codified in the Constitution
Speaker 3: in the ninth Amendment. Everybody from a school board janitor
Speaker 3: to the President of the United States, who works for
Speaker 3: any level of government anywhere in the US takes an
Speaker 3: oath to uphold this, and the government never does. Now,
Speaker 3: I am not complaining about judges signing search warrants. Most
Speaker 3: judges are faithful to the Constitution and require the government
Speaker 3: to show probable cause of crime before they will allow
Speaker 3: the invasion of private property, like a federal judge did
Speaker 3: to Scott Ritter recently. My problem, and the Constitution's problem,
Speaker 3: is with a generation of federal agents who have come
Speaker 3: of age FBI, CIA, NSA, DA, BATF.
Speaker 2: All those initials.
Speaker 3: There are sixteen sets of initials, and they came of
Speaker 3: age being trained. Get the evidence first, worry about the
Speaker 3: Fourth Amendment later. This is the attitude that was imbued
Speaker 3: in them right after nine eleven.
Speaker 2: Claim that everything.
Speaker 3: You're looking for is to preserve national security, and you
Speaker 3: can avoid the Fourth Amendment. And if Oh, you just
Speaker 3: happen to stumble on something that criminal pass it over
Speaker 3: to the law enforcement guys. This turns the Fourth Amendment
Speaker 3: into a farce. And this is what we live under
Speaker 3: right now. To remind your listeners, whether you like Scott
Speaker 3: RDA or not, he's one of my closest friends. When
Speaker 3: the FBI showed up at his house to seize three
Speaker 3: electronic devices up taking two truckloads worth of materials from him,
Speaker 3: they showed him while the seizure was going on, two
Speaker 3: years worth of printouts of his emails and texts, every email,
Speaker 3: every text he sent or received.
Speaker 2: Where's the warrant for this?
Speaker 3: They didn't have a warrant for it, So they either
Speaker 3: got it under some ruse by claiming it was a
Speaker 3: matter of national security and now they're going to use
Speaker 3: this against them in a criminal prosecution, or they hacked
Speaker 3: into his computer, which is a crime for which they
Speaker 3: prosecute people.
Speaker 1: Indeed, well, that is I want to use the word
Speaker 1: orwelling again, that's just absolutely beyond the pale. Now, there
Speaker 1: has to be evidence in support a probable cause. If
Speaker 1: that evidence is like we go back to the fruit
Speaker 1: of the poisonous tree, or if it's unconstitutionally gathered, then
Speaker 1: you can attack the subpoena as being improperly issued because
Speaker 1: it's sprung from stolen, unconstitutionally gathered evidence. So is he
Speaker 1: going to go to fight that in court?
Speaker 2: Well, of course he is.
Speaker 3: I mean, I'm sure he's the first thing his lawyers,
Speaker 3: after they ask for the materials back, immediately that we're
Speaker 3: not subject to the search warrant. The next thing they
Speaker 3: will do is get a copy of the affidavits that
Speaker 3: were submitted by FBI agents to this federal judge.
Speaker 2: The judge doesn't know what's going on. This has happened
Speaker 2: to me.
Speaker 3: I'm sitting in a courtroom and my assistant says, you
Speaker 3: know you're the emergent duty judge this week, right who's
Speaker 3: here now?
Speaker 2: I don't know.
Speaker 3: There's three state police here who want to see you
Speaker 3: about a search warrant. They give you materials you believe,
Speaker 3: you swear them in. They tell the you swear and
Speaker 3: they tell the truth right there. You administer the oath
Speaker 3: in your courtroom with a court stenographer there. Yes, this
Speaker 3: is true. You read the stuff. Oh, there's definitely probable
Speaker 3: course of crime. You sign the search warrant they go
Speaker 3: out and they execute it. Once, I was trying a
Speaker 3: murder by auto case and in the middle of the
Speaker 3: tr trial they produced some evidence and I said, how
Speaker 3: did you get this evidence? And I said, search more
Speaker 3: and they said search one. I said, what judge signed
Speaker 3: this search warrant given what we now know about it?
Speaker 3: Big smile on the prosecutor's face, Your honor, you did
Speaker 3: two and a half years ago. Let me see what
Speaker 3: you presented me. Then, let me see what I know now.
Speaker 3: I then and there, this is outside the presence of
Speaker 3: the jury. Invalidated the search mark that I had signed
Speaker 3: two and a half years ago because they failed to
Speaker 3: tell me what they knew then, and I knew now
Speaker 3: because I had learned it in the courtroom, which totally mitigated,
Speaker 3: totally mitigated the idea that there was probable cause of
Speaker 3: crime and the place to be searched.
Speaker 1: Is there an obligation under the judicial canons of ethics
Speaker 1: or anything else for a judge to look behind the
Speaker 1: veneer of that'sworn statement, like, wait a second, you got
Speaker 1: all of his text messages. I mean, okay, I see
Speaker 1: that they specifically provide probable cause if you've gathered them correctly.
Speaker 1: But here, let me go in extras to further and
Speaker 1: ask you what you asked the lawyer or the prosecutor
Speaker 1: in that follow up case, how did you gather these
Speaker 1: specific text messages? Do they even walk through that step?
Speaker 3: Well, you know they should not every judge does. Some
Speaker 3: of them are of the view that as long as
Speaker 3: there's a probable cause, if there's any other evidence to
Speaker 3: negate probable cause, tell it to the jury, because they
Speaker 3: fear that they are interfering with another branch of the government.
Speaker 3: But I am those who are a little bit more sensitive,
Speaker 3: of course, I don't do this anymore.
Speaker 2: A little bit.
Speaker 3: More sensitive to civil liberties would say where did you
Speaker 3: get this?
Speaker 2: How did you get this?
Speaker 3: I don't remember the facts of the case in which
Speaker 3: this happened. I just remembered thinking to myself, no judge
Speaker 3: would possibly have signed a search warrant knowing what I
Speaker 3: now know after a week of trial.
Speaker 2: But of course all that stuff which.
Speaker 3: They knew then, yeah, they kept for me. Now, you
Speaker 3: can't choose which judge to go to. It's whoever is
Speaker 3: the emergent duty judge. You call the clerk or the sheriff.
Speaker 3: If it's after hours. I had State police in my
Speaker 3: home once at three in the morning, and whoever has
Speaker 3: that assignment, you're stuck with that person.
Speaker 2: Fair enough.
Speaker 1: And then there's also the scope of the warrant which
Speaker 1: is limited, and they cannot on a limited search one
Speaker 1: for example, you go and we're looking for electronic devices,
Speaker 1: specifically cell phones, laptops, pads, computers, and then go in
Speaker 1: and haul everything out of that person's house merely because
Speaker 1: it's in there.
Speaker 3: So it's so Ritter said to them, you have given
Speaker 3: me a receipt for my mobile phone, my desktop, and
Speaker 3: my wife's desktop. I want to receipt for all these documents.
Speaker 3: And they said no, well you know that this is
Speaker 3: not in the in the search warn and they said
Speaker 3: no comment and they left. So again, I don't know
Speaker 3: how this is going to end.
Speaker 2: There are procedures to address this.
Speaker 3: And you know, Benjamin Nathan Cardozo, the most quotable judge
Speaker 3: in American history, once said justice is determined by the personality.
Speaker 2: Of the judges.
Speaker 3: He was right, but that should not be the case.
Speaker 3: They should all be faithful to the Bill of Rights,
Speaker 3: and they should all look beneath the surface of what
Speaker 3: is presented to them.
Speaker 1: It just breaks my heart. This is the America we
Speaker 1: live in, Judge of Polton, it really is, because that's
Speaker 1: certainly not the America that I thought I lived in,
Speaker 1: and it's certainly not the America that are founding fathers
Speaker 1: envisioned when they well memorialize these liberties, these rights that
Speaker 1: we are born with in the Declaration of Independence, the
Speaker 1: Constitution United States of America, the Bill of Rights, Judge,
Speaker 1: thepolitano judging freedoms where you find them online, Just search
Speaker 1: judging Freedom and you just type into Polton you'll run
Speaker 1: right into it, face book, YouTube, wherever it happens to be.
Speaker 1: Who are going to be talking to today?
Speaker 3: I have Colonel Douglas McGregor today at two o'clock. It's
Speaker 3: one of my heaviest titters. And at three o'clock CIA
Speaker 3: Agent Phil Geraldi. He's the one that George Bush threw
Speaker 3: out of the Oval office when he told Bush the
Speaker 3: Saddam Hussein did not have weapons of mass destruction.
Speaker 1: Well, someday maybe we'll know where Kamala Harris stands on
Speaker 1: foreign policy, because the silence is deafening along those lines.
Speaker 1: And I know the leaders of Iran and Russia and
Speaker 1: China probably be pretty interested in getting a land a
Speaker 1: lowdown on where she is. Do you think it's a
Speaker 1: perpetuation of the last four years your on her.
Speaker 2: Man, I hope not.
Speaker 3: The last four years of foreign policy have been nothing
Speaker 3: short of a disaster. Twenty billion for genocide in Gaza,
Speaker 3: one hundred and eighty five billion for a losing war
Speaker 3: in Ukraine.
Speaker 2: Nothing to be gained by either of them.
Speaker 1: On the heels of quite a few what we would
Speaker 1: put in the loss categories, including Afghanistan, Judge and Napolitano.
Speaker 1: Always a pleasure. I'll look forward to next Wednesday. Already,
Speaker 1: have a wonderful week and best of health. You will
Speaker 1: be looking for you on judging freedom.
Speaker 2: Thank you, back at you, Brian, all the best.
Speaker 1: Take care eight forty one here fifty five care see
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