Judge Napolitano - Twilight's Last Gleaming

Episode Transcript

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Called five one, three, fiveeighty five uc see See Highway traffick continues
to slow southbound seventy five through Lachlanand northbound seventy five between Buttermilk and the
Cut. Each one of those spotsgoing to cost you an extra five minutes.
Elsewhere in pretty good shape. Comingup next to guest who has been
nominated on this Independence Eve to beone of the new faces of freedom on

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Mount Rushmore. I we're still lookingfor a mountain, and we're still looking
for funding. But that's easier tobring up than the Reds beating the Yankees
last night. The judges next Chuckingramonth fifty five krs the talk station.
Ah, he went there. Idid not think he was going to go

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there. But look, I'm wearingmy Yankee shirt. That is a red
shirt, Judge Editor Paul Todd.Every Wednesday, we're wearing Yankee blue.
I'm wearing Cincinnati Wren did not calleach other up to coordinate our fashion statement
for the day. Judge Editopolitano,it is always my pleasure to have you

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on the program. I look forwardto this segment each and every week.
I enjoyed your column. I meanit was a little heartbreaking to read it,
but and I did this morning.I started off the morning show just
by reading the first paragraph. Isaid, just a little insight the direction
the judge is going today. Butbefitting of the Independence Day holiday, we
will be celebrating tomorrow in honor ofour independence from tormentors in Britain. The

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basis and foundation for the declaration ofIndependence and of course ultimately the Bill of
Rights. And we've been up anddown this road a bunch of times,
and I share your dismay that thepresidential debate last Thursday was devoid of anything
relating to our freedoms and liberties oreven what policies the administration's respective administrations were
going to be pursuing on a goingforward basis. Right, there was no

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talk about fidelity to the Constitution.There was no talk about not rights.
There was no talk about civil liberties. There was no talk about stopping surveillance.
There was no talk about stopping war. Joe Biden seems to think to
the extent that he thinks that VladimirPutin wants to conquer Ukraine and then invade
the rest of Europe. There wasno talk about limiting the role of government

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under Donald Trump, a seven trillionin debt was added. Joe Biden will
be very close to that number bythe end of this fiscal year. There's
no talk about the terrors of debtand the dangers of running a government on
borrowed cash, so on issues thatare important to those of us who monitor

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these things from the freedom from thesmall government, if you will. From
the libertarian perspective, surveillance, warand debt, it's tweedledd and tweedled dump.
I know they have different golf scores. I know one of them is
a bundle of energy and the othercan barely put two sentences together. But
in terms of what they have doneas president and will do as president,

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very similar. Big government grows,fight wars of opportunity, borrow well,
you can spy all you can.You know. It's interesting in the context
of that statement, your observations alongthose lines, that those are not topics
of conversations among the two who arereving for the most powerful position in the
globe. But how strange would ithave been your honor pick anybody on anyone's

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backbench, Republican side, Democrat side, anybody you can think of all the
people who are being discussed, andmaybe replace Joe Biden given his cognitive impairment.
Anybody who would you know, maybea substitute out for Donald Trump.
None of the people that immediately cometo mind would be talking about those freedoms
and liberties either. If you hada candidate that actually campaigned on that,

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it would seem so strange and unusual. You might get it out of a
rammed Paul for example, or aCongressman Massing and God bless the Massy family
and condolences on the loss of hiswife. But just it really just sent
me reeling the other day. ButCongress from MESSI would be talking about something
like that as a presidential candidate,right only those Only those two Kentuckians would

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interesting. They're both they're both fromthe same state. I hope someday soon
we can call him Senator Massey becausehis wings need to spread, and his
influence needs to spread, and hispersonal courage and fidelity to human freedom needs
to inspire other members of Congress.But right now, the Congress is pathetic.

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Right now, it's the uniparty infavor of these things that you and
I condemned, mass undifferentiated suspicion less, warrantless spying on everybody, wars of
opportunity to enrich the military industrial complex, and debt, debt and more debt,

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tweedled versus tweedledum. And if youlook at the Congress, it's that
Uni Party. Ninety percent of theCongress is in favor of all this.
Thomas Massey actually has some colleagues onthe far left. They don't agree with
them on a lot, but theydo agree on this, and maybe a
handful of Republicans that he works withon a daily basis. But it's a

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terrible state of affairs. I don'tthink the Congress represents people. I think
it represents the interests that will keepthem in power, usually the donor class,
often the military industrial complex. Weall know that most of that money
to Ukraine actually stayed here and wentto enrich the military industrial complex to build

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new armaments to replace the old onesthat we had already sent there. Exactly,
bring the bacon home to your constituents, and you can happen to be
large munitions manufacturers. That's exactly what'sgoing to happen. Our budget be damned,
and the military industrial complex, youand I have talked about this.
Brian is all over the United States, so there are many many members of

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Congress who would be threatened. Well, you can't vote against this, you'll
put some of your constituents out ofbusiness or deny them over time. Beloney,
The Russian military industrial complex, whichspends one tenth of what we spend,
works twenty four to seven. Ourmilitary industrial complex produces infinitely less but

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costs excessively more. Well, wecould move away from the military industrial complex
and make the same argument about thefarm lobby in traditionally red states. But
people in the farm lobby they're morethan happy to do subsidies and force us
to burn corn in our gas tanks, all for the benefit of you know,
the farmers in there any any givenstate. So this is this is

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a far and wide problem, andit transcends just military. It's literally everybody
who's got their hand out. Here'sJefferson agreeing with Hamilton. One of the
few things they ever agreed on.When the public treasury becomes a public trough
and the public recognizes this, theywill only send people to Washington who will

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bring home the bacon. Whether it'sfarm subsidies, military industrial complex, wealth
transfers. This goes across the board. It takes a steel rod in your
spine, like Thomas Massey has toresist this. Even even the great Ron
Paul went along with a lot ofthese earmarks because he saw members of the

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Congress getting re elected by building highwaysand college buildings named after themselves, and
he decided, well, I mightas well do this as well. Not
want to be critical of him,because I love him and he is my
dear friend, and he's the standardagainst whom other members of Congress are measured.
But Massy is the gold standard.Indeed, he is go to be

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remiss if I didn't ask your reactionabout let's just say the Supreme Court case
overall, in the Chevron doctrine,we saw this coming, and I know
the Chevron doctor really hasn't been invokedfor a while, but now the stake
has been driven through its heart.Going back to your comment about Congress and
it's pathetic reality of Congress. Imean, they can't agree on anything but
what they do, and when theydo pass laws, they're often quite loosely

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written, which hands over to theadministrative state all of the rules and regulation
making. Now they're going to haveto start writing with greater specificiti since deference
is no longer required to give tothese outlandish interpretations of laws. So the
old rule, the Chevron doctrine,named after a case in the Supreme Court

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forty years ago involving Chevron oil,was that if you sue an administrative agency,
the Food and Drug Administration, theEnvironmental Protection Administration, the Bureau of
Alcohol, Tobacco and Firearms, andyou go into court, you are not
equal to the government. The governmentgets the benefit of the doubt. The

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government's regulation is presumed to be valid. That's the Chevron deference. That is
no longer the case from and afterlast week. If you sue one of
those agencies and you go into court, it's a level playing field. The
government has to prove its case andyou disprove it, but no deference to
the government. The theory was thatthe governmental agencies are filled with experts,

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and the court can't second guess experts. Bologna. It was a way for
Congress to regulate private behavior without beingaccountable for it itself, by giving all
this authority to nameless, faceless bureaucratswho don't change no matter which party controls
Congress or who's in the White House, that will be the case no longer.

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So if Congress wants to say youcan only have two parts per billion
pollutant in the air. If Congresswants to say, hey, Brian Thomas,
that mud puddle in your backyard isreally a navigable waterway and we can
therefore regulat If Congress wants to saythat, let them go ahead and do
it and then get voted out ofoffice. But when an administrative agency does

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that, there's nobody to vote outof office, right, they just stand
up, hold their hands it.I didn't do that. That wasn't what
I said. That's not why Ipassed the law. But then again,
you end up having to live withit with the law that says a tablespoon
of water on your property is somehownavigable. But this chevron being overruled is
an extension I would argue of theWest Virginia versus EPA case which held just

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that if they exceeded their authority inregulating waters on private land. Yes,
I mean they literally said that amud puddle because the water from the mud
went down through the earth and wasconnected to the underground aquifer, which was
connected to a stream, which wasconnected to a river, which was connected
to the ocean. Made the wholething navigable waters. I don't know how

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you can navigate a mud puddle,but whatever, and their theory was therefore
they could regulate the mud puddle.What was the regulation the mud puddle?
A farmer wanted to build a houseon his own property within fifteen yards of
the mud puddle, and the EPAsaid no. Well, of course the
EPA lost that case. Now they'velost the jurisprudence underlying their hutzpa. There's

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a phrase for you, ye,jurisprudence underlying their hutspa. Now they've lost
that Thanks to this, my friendJustice Gorsicic, even before he was Judge
Gorsich, when he was just misterGorsicic, has been on a rampage against
the Chevron Doctor. Now he's finallyin a position to do something about it,
and he helped drive a stake throughits heart. Now, will this

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allow for the revisiting of other casesthat have been decided under the Chevron doctrine
very loosely upholding these administrative arguments inspite of the fact that they're far afield
from the actual law that was passedby Congress at any given time, or
are they short answer is no,this is prospective only. If they made
this retrospective, they would have sucha backlog of cases it would clog the

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courts for a generation. They didmake the January sixth ruling retrospective. So
if somebody pleaded guilty in January sixthto obstructing justice and they didn't actually physically
do the obstruction, they're making aemotion before the judge who took the guilty

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plea to vacate the guilty plea.It is rare that the Supreme Court does
that, but they did it inthe January sixth case Judging Freedom. Where
you find Judge Paulton online? Irecommend you search you at Facebook YouTube.
Who are you gonna be talking withtoday on Judging Freedom? I have Murderer's
Road today, including a very famousfor some people, infamous former Ohio congressman

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who's on the cusp of returning toCongress and becoming the George Galloway of the
House of Representatives, Dennis Cascinach kidding, can't you do not? So?
I have Professor John Meerscheimer, CongressmanCascinich, Colonel Douglas McGregor, Colonel Lawrence
Wilkerson, Phil Geraldy, Max Blumenthal. Because we're all for the next two

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days. My producers are burying metoday and I'm and I welcome it.
I know you. I was justgonna say, you're gonna have a great
time talking with those wonderful guests judgingfreedom. You find him online look for
his column comes out tonight at midnight. Twilight's last gleaning until our next conversation
next Wednesday. Year Honor God blessyou, sir, have a wonderful Independence
day right back at you. Weare independent from Great Britain. Would that

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we could the independent from our owngovernment. All the best to you and
your family. Brian will keep thehope up your honor and to you,
sir. It's a forty three herefifty five kerc the talk station. Time
for you to recommend strongly you fastenedpro roofing. My friends and they are
friends at fast and Pro there tohelp you out with an honest assessment of
your roof. You call them.It's a free roof inspection. Don't put

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it off, don't wait till yougot something problem