Judge Napolitano - Gitmo Continues to Haunt

Episode Transcript

Speaker 1 (00:00):
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So if everyone could just take one single moment and
go ahead and hug your radio, I'm sure the judge
will feel the love. Doesn't that feel better? Chucking ramon

(00:45):
fifty five krs DE talk station.

Speaker 2 (00:49):
A twenty eight fifty five kr see DE talk station
or hug your your your smart device where you have
your iHeartMedia radio software streaming judge in Apaul, who of
course that's you. Chuck Ingram was referring to welcome back
here on It's a real pleasure to have you on today,
and I got to give you credit, sir, probably the
main reason I got out of bed this morning to

(01:10):
come to work. I've been dealing with this just insanity
of a cough. But between you and my doctor and
my love and my faithful listeners, I'm holding up my
extra strength. Coughs are up here, your honor.

Speaker 3 (01:23):
Without this, it's wonderful to hear your voice, Brian, and
deeply moving that I should play even a tiny role
in your deciding to get out of bed in the morning.
I too, love these segments on Wednesday mornings, no matter
what's going on in the world, because we are so
simpotico in our view of the world. But thank you

(01:47):
for coming in today. You actually sound fine from my perspective.
I know you have a lot of whatever they put
in cough medicine these days in you, but you sound fine.

Speaker 2 (01:57):
It is My doctor even told me that, pardon me,
sometimes the pharmacist won't even fill this prescription. It's the
good stuff. So I had it last night at eight pm,
at last twelve hours, and it's really just now wearing off,
and I'm not going to have any before I drive
home this morning, because I probably get it pulled over
from being compaired with it, but it does work.

Speaker 3 (02:18):
But the Chief Justice of the United States, William Rehnquist,
was pulled over in charged with DWI because he had
been taking painkillers for a slip disc in his back. Obviously,
they dismissed the case because it wasn't DWI, but he
was driving erratically. Yeah, well those things can happen.

Speaker 2 (02:40):
No, it's only a ten minute commute for me to
get back home. Anyhow, you're honor, So I guess I
wanted to ask you before we get into your wonderful art.
It's always wonderful. Your column comes out of Midnight Tonight
subject matter Gitmo continues to haunt. This is one an
area that you and I have talked about many times
and you've written on many times. Is extreme important. But

(03:01):
before we get to that, I just wanted to get
your reaction, and I you know Donald Trump, know Donald Trump,
obviously he's president elect. Donald Trump really just pulled one
out of the hat. He won the popular vote, which
is amazing. Uh, and he's gonna he's already starting to
act somewhat presidential, hitting the ground running, starting to declare
people that's going to be in his cabinet and everything,

(03:22):
but the Department of government efficiency. I am actually quite
excited about this. I don't know what your feelings are
about Elon Musk or VvE Grammar Swammy, but the idea
that those two guys are going to be in charge
of trying to cut out waste in government, that they're
actually going to take a stab at doing that, I
think that's room for optimism because I if I had

(03:45):
to guess, I'd say you would agree the size and
scope of government has got a little bit out of hand.

Speaker 3 (03:51):
Well, the problem is that nobody pays attention to the Constitution.
I mean ninety percent, literally ninety ninety zero percent of
the federal government is not authorized by the Constitution. In fact,
this department is not authorized by statute. So they can't
just the President can't just create a department out of
thin air and appoint people to it and give them

(04:13):
off of space and give them computers and pay their salaries.
That has to be authorized by Congress. Every time this
has happened in the past, it's only been a window dressing.
Neither mister Musk nor mister Ramaswami understand the federal government.

(04:34):
I don't know if they understand the Constitution. So I'm
not optimistic about it. I'm actually kind of down in
the dumps about really the president because of some of
his appointments. Listen, I know Pete hegseeth as well as
I know you, maybe better worked with him daily for

(04:56):
a number of years. Pete is a committed zone Inista
and a committed Neocon who advised Joe Biden to baumb
Tehran three years ago. Donald Trump does not need an
enabler in the Defense Department. He needs a wise person,
like say Colonel Douglas McGregor, to point out to him

(05:18):
the likely and probable consequences of his impulses toward bombing.
Pete will not do that. Pete will reinforce those impulses
because he shares them himself. I like Pete, I know him.
He's a wonderful guy, but I am very disappointed in
the appointment. Donald Trump is going neocon even. I mean,

(05:41):
these are Republican neocons as opposed to the Democratic neocons
that are in there now. So look at my column
from last week. Why do we vote? It doesn't matter.
The military, industrial, banking, pharmaceutical, surveillance, welfare, warfare state complex
will still rule the roost no matter what kind of

(06:04):
bluster comes out of the Oval office. Well, so I
apologize for a little bit of a downer, and maybe
this is not what you want to do a talk about,
but this is what's on my mind right now. I
suspect you agree with some of what I said.

Speaker 2 (06:17):
Some and you know, again going back to the department,
I mean, call it what you will, department of government
efficiency or just two guys sitting down at a table
without it being called a department and making good, solid
recommendations too. To your point, getting back to the constitutional
reality that there is no there should be no Department

(06:38):
of Education, get rid of it. I mean you can
say that without having a department in offices formed and
all of that. You just listening to some people who
are trying to go through the books and pair back
what isn't it isn't right or shouldn't be in part
of our federal government.

Speaker 3 (06:51):
I take that, well, then they should get rid of
the Department of Education, the Department of Homelands. Yes, most
respectfully to our friend, I don't know if he's going
to go there, and I hope he doesn't because he's
worth a lot more to our values. In the Congress.

Speaker 2 (07:08):
The Department of Agriculture, of Agriculture, the Department of Commerce.

Speaker 3 (07:11):
Why do we need the federal government to run agriculture
or commerce? Where is that in the constitution?

Speaker 2 (07:17):
Yeah, I know, see that was one of my listeners
brought that up. We do a thing called Honor Flight
tri state here we fly veterans to see their memorials
in Washington, DC. You know, gentlemen who mostly war veterans. Korea,
we did World War Two and now they're doing Vietnam eras.
But every time they drive by the Department of Agriculture, said,
they point out how unblanking, believably huge the Department of

(07:40):
Agriculture buildings are. Every one of those offices is filled
with employees multiple plural and why I.

Speaker 3 (07:49):
Mean grows a single blade of grass?

Speaker 2 (07:52):
Right, So can we live without one? I know, we
live without a Department of Education before nineteen eighty and
we all live thrived and survived and did fine. So
let's get rid of it. That's the kind of thing
I'm hoping that, whether or not it's an actual funded entity,
it's formalized or not, that at least this next administration,
love them or Hate them, takes some great efforts to

(08:13):
pair back the fraud, waste, and abuse that exists across
all four corners of government.

Speaker 3 (08:19):
I would add to fraud, waste, and abuse unconstitutional. That,
of course, is the fulcrum here, because that is what
will ruffle the feathers on Capitol Hill. They believe that
whatever they do is constitutional, even though the overwhelming majority
of it is not, because it's not authorized by the Constitution.

(08:41):
So they take the commerce clause and hang their hats
on the hook of whatever affects interstate commerce. And they
take the necessary and proper clause and hang their hats
on those hooks. And they think they can right any wrong,
and regulate any behavior, and spend any money, and intrude
on any relationship. The Constitution be damned.

Speaker 2 (09:01):
Well, let me dream for a moment, and please share
in my dream. Judging of Politano, I'm pretty reasonably happy
with Donald Trump's Supreme Court choices. Of course, we've made
great strides into pairing back the administration state administrative state
with the Chevron doctor, and and of course West Virginia
versus EPA. We could go on. With Trump as president

(09:25):
and him having control of the House at Senate. We
might get a few more extra judges a couple anyway,
could we maybe in our lifetime judge to Politano see
Wickered versus Philburn rolled back.

Speaker 4 (09:38):
Wow, that's the great Ohio case that allows the government
to regulate even trivial, even immeasurable activity on the theory
that if you add up all the immeasurables, they can
be measured.

Speaker 3 (09:54):
Justice Scalia's and I'm gonna have to go on a minute, Brian.
One of Justice Scalia's life was to get that roll back,
and at one point he had five votes, and then,
as happens, Chief Justice changed his mind.

Speaker 2 (10:10):
Now they got the goods on him too, perhaps, but
at least I can live to dream about it. If
it was a Kamala Harris administration, I could just throw
that dream into the ash bin. Judge. In the interest
of your time, we'll part company early today, real quick.
Here who's on the program. Who's on judging Freedom?

Speaker 3 (10:27):
Oh? Ambassador Charles Freeman, Colonel Douglas McGregor, Phil Giraldi, Matt Blumenthal,
my first team.

Speaker 2 (10:37):
Looking forward to it as always until next Wednesday, sir,
best of hell, Thank you very much. A thirty eight
to fifty five Caro see the talk station