October 8, 2025 • 12 mins
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Episode Transcript
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Speaker 1 (00:00):
Because are your annual mammogram with you see Hels Expert team.
That's five one three, five eighty four Pink North Bend
two seventy five cruiser working with an accident. Before you
get towards corner, traffic remains heavy from before the Milford
Parkway southbound seventy one break lights to seventy five past
Red Bank northbound four seventy one heavy from before Grand
(00:20):
North Bend seventy five break lights out of Florence into downtown.
Good for an extra fifteen minutes. Coming up next, the
guest who's very happy this morning, Well, because another judge
powered is Yankees to a victory last night.
Speaker 2 (00:34):
They're going to need a couple more.
Speaker 1 (00:36):
But Judge NAP's next Chuck Ingram on fifty five KRC
the Talk Station.
Speaker 3 (00:45):
Eight thirty two. If you have krcity Talk station. Well
at least it wasn't goofy or wacky. That was a
rather straightforward introduction. Welcome back to the fifty five KRC
Morning Show, my friend Judge Ennena Politano.
Speaker 4 (00:55):
Yes, yes it was, and I think if I have
this correct, A thirty eight year old Italian from New
Jersey will soon become the hero of the Cincinnati Bengals,
So I.
Speaker 2 (01:10):
Have that right.
Speaker 3 (01:11):
You may maybe collectively we've written off the Cincinnati Bengals
your honor. It's like, you want to be optimistic, but
they give us no reason whatsoever to be optimistic. So
maybe there is an element in there that's optimism.
Speaker 4 (01:24):
I feel sorry for Joe Burrow. He's such a talented kid,
but he just keeps getting hurt. I run over and
over again.
Speaker 3 (01:33):
Well, that came up in conversation early in the program,
and I think we're blaming management, coaching staff, the owners
for maybe not adequately protecting Joe Joe Burrow with a
reasonably competent offensive line. But you know, we'll see how
things play out over the long term. All right, And
I love your column. I don't know if you heard
(01:54):
me ask Congress from Massey about the Office of Legal
Counsel and Department of Justice giving Donald Trump the keys
to the American military when we face what he believes
to be an eminent threat. Congress Amassy just basically said
that that office is really designed to uphold literally anything
the White House wants to do, regardless of administration. But
I want to pause on that for a moment and
ask you about what I thought was really I don't
(02:17):
know Orwellian the fact that that Donald or rather all
these elected officials, seven Senators and one member of the
House of Representative, in this Arctic Frost investigation launched by
the FBI in connection with the January sixth riots, they
got their phone records.
Speaker 2 (02:37):
We've talked about this kind of they have.
Speaker 4 (02:39):
They have nobody to blame but themselves, right because the statute,
the Electronic Privacy so called Electronic Privacy Act, you know,
the name really is often the misnumber, permits FBI agents
to get metadata. So it's who you called, when you called,
and how long you spoke. It's not the actual conversation.
(03:01):
I've been condemning this as a violation of the Fourth
Amendment since it was first inactive. This is enacted by
the Congress. They probably never imagined that it would happen
to them. That doesn't make it moral, and it doesn't
make it constitutional, but it does make it legal. And
to make it even worse, Brian, this does not require
(03:22):
a search warrant signed by a judge. It can be
done by one of two ways. A grand jury subpoena
and a good prosecutor can get a grand jury to
subpoena anything, or a national security letter chie What is
a National Security letter Patride Act? That's where one FBI
agent authorizes another FBI agent to issue a search warrant
(03:48):
on stored records at your lawyer's office, your doctor's office,
your telecom, your computer server. Bill in the I don't
blame is and I frequently disagree with him. As Senator Holly,
he was outraged. He was not in the Senate when
(04:09):
this legislation was enacted, but almost everybody else on that
committee yesterday was in both parties. In fact, the chair
that's been in the center for thirty years was around
when the original legislation was enacted.
Speaker 3 (04:23):
I'm glad you framed it that way. I had a
student listener call and point out the exact same thing.
Republicans or anybody who voted for that, has nobody blamed
for themselves for the fact that it's being used against
them in this particular case. Question of whose ox is
being gord, I suppose.
Speaker 4 (04:37):
Right nobody's ox should be gord. They should follow the
Fourth Amendment. If Jack Smith had probable cause to believe
that there was evidence of a crime and a conversation
between I'm just going to use this hypothetically. I don't
know if the conversation happened Senator Josh Holly and President
Trump on January fifth or January sixth. He goes to
(04:58):
a federal judge, presents the evidence, and if the judge agrees,
he signs a search warrant. Short of that, not neither
Jack Smith nor any prosecutor, under any circumstances has the
right to surveil communications. But the Congress has butchered that
in a series of legislation, going back to legislative acts
(05:18):
going back to before.
Speaker 2 (05:19):
Nine to eleven.
Speaker 4 (05:20):
I believe it or not, what left wing pinko creep
signed the first of these laws allowing the government to
get your bank.
Speaker 2 (05:30):
Records George Bush right, Ronald Rayel.
Speaker 4 (05:34):
Nineteen eighty six. So this stuff goes way back. It was,
of course accelerated after nine to eleven. After nine to
eleven you have the Patriot Act and a slew of
amendments to it, every single one of which makes surveillance
without a search warrant easier. But the original damage was
done in nineteen eighty six under the so called Bank
(05:57):
Privacy Act, which gives the FEDS the right to look
at banking information. When you deposited more than ten thousand
dollars in one deposit, That's that's what opened up these floodgates.
Speaker 3 (06:13):
And when you frame it that way, I just scratched
my head and wonder why what possible means?
Speaker 1 (06:19):
Well?
Speaker 2 (06:19):
What cartels are using in drug dealers?
Speaker 4 (06:21):
And so in those days, in those days, we were
at the tail end of the drug wars, which had
destroyed the Fourth Amendment, And fear of drug dealers is
what animated Congress Post nine to eleven. Of course, it
is fear of terrorism. And what is it now? Whatever
(06:43):
Donald Trump says, it is fear of immigrants, fear of
narco terrorists, fear of whatever you want to be afraid of.
In terms of what Congressman Massy said, I had an
Internet problem on my previous gig and I was not
able to jump on. Of course, I agree with everything
he says. The Office of Legal Counsel was once the
DOJ's lawyers. You'll know the names of two people who,
(07:07):
in their younger days ran the Office of Legal Counsel.
One of them is named William Rehnquist and the other
is named Antonin Scalia these were truly the brightest stars
in the DOJ. They told the DOJ the law as
they understood that they were impervious to politics no longer. Today,
(07:29):
I am dying to see this so called secret memorandum
that she has. How can analysis of a public law
possibly be secret?
Speaker 2 (07:38):
I know I was gonna ask you about that.
Speaker 3 (07:41):
He's not gonna reveal the memo to the general public,
even though CNN is widely reported on it. But eminent
threat isn't that a rather subjective measure when it comes
to determined where they're going to use military force. And
I go back to the boats, he's blown up. I
don't like drugs. I don't want him in in the
United States. But you know that we have a coastguard
for if they get close to us, then we can
(08:03):
pick them up in process.
Speaker 4 (08:04):
How could four guys in a speed boat fifteen hundred
miles from the US, unarmed or maybe with just small arms,
you know, handguns, possibly be considered an eminent threat to
the national security of the United States. The answer is
they can't. And even if they were an eminent threat,
it would make much more sense to arrest them, search
(08:28):
the boat. If there's drugs there, seize the assets, and
then engage in plean negotiations with one of them to
find out where the drugs came from and who their
sources are. There are ways to accomplish these goals without
murdering people.
Speaker 3 (08:47):
Yeah, no question about it. Go about the normal course
of business. Pick them up. They obviously can have committed
a crime. Look, it's a drug, vote drug, it's a
boat full of drugs. That's against law. You're in our
territory of waters. You're going to be subject prosecution. I
die anyhow. It's just troubling from my perspective, and I
worry you know a lot of my listeners. I think
I hate drug dealers. I don't care that they blew out.
(09:08):
I don't care if it violates constitution. Well I do,
because somebody else is going to be in office someday. Yeah,
and they may decide that some organization that we don't
believe necessarily represents an imminent THREATSCA starts getting bombed because
of their political ideology or their geopolitical ideology or whatever
have you. It's so low a standard. And we're talking
about America's military here at minimum. And you and I
(09:30):
think agree on this point. We don't believe authorizations for
use of military force quite cut the constitutional declaration of
war standard. But at least get Congress to agree with
you and say, yes, you're right, we stamp of approval
authorize you some military force because we believe this to
be an eminent threat.
Speaker 2 (09:47):
We can hash that out.
Speaker 4 (09:49):
Right right, it's it's very, very dangerous. I got a
little alarmist and hyperbolic at the end of my column
saying who are they going to shoot next? Drug dealers
in Chicago? But their logic for killing people before they
commit crime is the same logic because out outside the
(10:11):
territory of orders of the United States, is the same
logic that they could apply to people inside the United States.
By the way, how can it be a federal crime
even if they were carrying drugs from Caracas to some
island off the coast of Caracas. What business of the
federal government is that? Does federal law apply everywhere on
(10:36):
the planet.
Speaker 3 (10:38):
Don't tell them that they may get that idea. You're honor,
and we'll start bombing targets all over the world without
with reckless abandon Judge Jenna Politano, logic, reason is always
on the plate when we talk with you, and I
appreciate the willingness to come on the program every week
and have these great conversations.
Speaker 4 (10:53):
Right Brian, It's my favorite morning and I love being
able to chat with you no matter what the Yankee,
the Reds, or the Bengals, or I hate to even
mention this, the football team New York Giants are doing.
Speaker 3 (11:07):
It is a strain for you to get those words
out real quick. Judging Freedom is his weather? Or is podcast?
Are you gonna be speaking with today?
Speaker 4 (11:14):
You're on at eleven this morning Eastern. I have the
great Colonel Douvas McGregor. Colonel McGregor and I spent a
weekend together giving this past weekend in a beautiful place
in the United States, Dallas, Texas, where we were well
received by the people to whom we spoke. But he's
warning that war with Iran is imminent, and he's going
to describe American, not Israeli, American preparations for that war.
(11:40):
Does Iran pose a threat to the national security of
the United States?
Speaker 2 (11:45):
Not one bit?
Speaker 4 (11:47):
What we're getting ready.
Speaker 3 (11:49):
It's gonna be a fascinating conversation, if not trouble and
judging and to paulatonom until next Wednesday. God bless you sir.
Have a great week.
Speaker 4 (11:55):
Thank you, Brian all the best.
Speaker 3 (11:56):
Take care, my friend. It's a forty three right now
if you. Bob Kercite talks in Gate of Heaven
Because are your annual mammogram with you see Hels Expert team.
That's five one three, five eighty four Pink North Bend
two seventy five cruiser working with an accident. Before you
get towards corner, traffic remains heavy from before the Milford
Parkway southbound seventy one break lights to seventy five past
Red Bank northbound four seventy one heavy from before Grand
(00:20):
North Bend seventy five break lights out of Florence into downtown.
Good for an extra fifteen minutes. Coming up next, the
guest who's very happy this morning, Well, because another judge
powered is Yankees to a victory last night.
Speaker 2 (00:34):
They're going to need a couple more.
Speaker 1 (00:36):
But Judge NAP's next Chuck Ingram on fifty five KRC
the Talk Station.
Speaker 3 (00:45):
Eight thirty two. If you have krcity Talk station. Well
at least it wasn't goofy or wacky. That was a
rather straightforward introduction. Welcome back to the fifty five KRC
Morning Show, my friend Judge Ennena Politano.
Speaker 4 (00:55):
Yes, yes it was, and I think if I have
this correct, A thirty eight year old Italian from New
Jersey will soon become the hero of the Cincinnati Bengals,
So I.
Speaker 2 (01:10):
Have that right.
Speaker 3 (01:11):
You may maybe collectively we've written off the Cincinnati Bengals
your honor. It's like, you want to be optimistic, but
they give us no reason whatsoever to be optimistic. So
maybe there is an element in there that's optimism.
Speaker 4 (01:24):
I feel sorry for Joe Burrow. He's such a talented kid,
but he just keeps getting hurt. I run over and
over again.
Speaker 3 (01:33):
Well, that came up in conversation early in the program,
and I think we're blaming management, coaching staff, the owners
for maybe not adequately protecting Joe Joe Burrow with a
reasonably competent offensive line. But you know, we'll see how
things play out over the long term. All right, And
I love your column. I don't know if you heard
(01:54):
me ask Congress from Massey about the Office of Legal
Counsel and Department of Justice giving Donald Trump the keys
to the American military when we face what he believes
to be an eminent threat. Congress Amassy just basically said
that that office is really designed to uphold literally anything
the White House wants to do, regardless of administration. But
I want to pause on that for a moment and
ask you about what I thought was really I don't
(02:17):
know Orwellian the fact that that Donald or rather all
these elected officials, seven Senators and one member of the
House of Representative, in this Arctic Frost investigation launched by
the FBI in connection with the January sixth riots, they
got their phone records.
Speaker 2 (02:37):
We've talked about this kind of they have.
Speaker 4 (02:39):
They have nobody to blame but themselves, right because the statute,
the Electronic Privacy so called Electronic Privacy Act, you know,
the name really is often the misnumber, permits FBI agents
to get metadata. So it's who you called, when you called,
and how long you spoke. It's not the actual conversation.
(03:01):
I've been condemning this as a violation of the Fourth
Amendment since it was first inactive. This is enacted by
the Congress. They probably never imagined that it would happen
to them. That doesn't make it moral, and it doesn't
make it constitutional, but it does make it legal. And
to make it even worse, Brian, this does not require
(03:22):
a search warrant signed by a judge. It can be
done by one of two ways. A grand jury subpoena
and a good prosecutor can get a grand jury to
subpoena anything, or a national security letter chie What is
a National Security letter Patride Act? That's where one FBI
agent authorizes another FBI agent to issue a search warrant
(03:48):
on stored records at your lawyer's office, your doctor's office,
your telecom, your computer server. Bill in the I don't
blame is and I frequently disagree with him. As Senator Holly,
he was outraged. He was not in the Senate when
(04:09):
this legislation was enacted, but almost everybody else on that
committee yesterday was in both parties. In fact, the chair
that's been in the center for thirty years was around
when the original legislation was enacted.
Speaker 3 (04:23):
I'm glad you framed it that way. I had a
student listener call and point out the exact same thing.
Republicans or anybody who voted for that, has nobody blamed
for themselves for the fact that it's being used against
them in this particular case. Question of whose ox is
being gord, I suppose.
Speaker 4 (04:37):
Right nobody's ox should be gord. They should follow the
Fourth Amendment. If Jack Smith had probable cause to believe
that there was evidence of a crime and a conversation
between I'm just going to use this hypothetically. I don't
know if the conversation happened Senator Josh Holly and President
Trump on January fifth or January sixth. He goes to
(04:58):
a federal judge, presents the evidence, and if the judge agrees,
he signs a search warrant. Short of that, not neither
Jack Smith nor any prosecutor, under any circumstances has the
right to surveil communications. But the Congress has butchered that
in a series of legislation, going back to legislative acts
(05:18):
going back to before.
Speaker 2 (05:19):
Nine to eleven.
Speaker 4 (05:20):
I believe it or not, what left wing pinko creep
signed the first of these laws allowing the government to
get your bank.
Speaker 2 (05:30):
Records George Bush right, Ronald Rayel.
Speaker 4 (05:34):
Nineteen eighty six. So this stuff goes way back. It was,
of course accelerated after nine to eleven. After nine to
eleven you have the Patriot Act and a slew of
amendments to it, every single one of which makes surveillance
without a search warrant easier. But the original damage was
done in nineteen eighty six under the so called Bank
(05:57):
Privacy Act, which gives the FEDS the right to look
at banking information. When you deposited more than ten thousand
dollars in one deposit, That's that's what opened up these floodgates.
Speaker 3 (06:13):
And when you frame it that way, I just scratched
my head and wonder why what possible means?
Speaker 1 (06:19):
Well?
Speaker 2 (06:19):
What cartels are using in drug dealers?
Speaker 4 (06:21):
And so in those days, in those days, we were
at the tail end of the drug wars, which had
destroyed the Fourth Amendment, And fear of drug dealers is
what animated Congress Post nine to eleven. Of course, it
is fear of terrorism. And what is it now? Whatever
(06:43):
Donald Trump says, it is fear of immigrants, fear of
narco terrorists, fear of whatever you want to be afraid of.
In terms of what Congressman Massy said, I had an
Internet problem on my previous gig and I was not
able to jump on. Of course, I agree with everything
he says. The Office of Legal Counsel was once the
DOJ's lawyers. You'll know the names of two people who,
(07:07):
in their younger days ran the Office of Legal Counsel.
One of them is named William Rehnquist and the other
is named Antonin Scalia these were truly the brightest stars
in the DOJ. They told the DOJ the law as
they understood that they were impervious to politics no longer. Today,
(07:29):
I am dying to see this so called secret memorandum
that she has. How can analysis of a public law
possibly be secret?
Speaker 2 (07:38):
I know I was gonna ask you about that.
Speaker 3 (07:41):
He's not gonna reveal the memo to the general public,
even though CNN is widely reported on it. But eminent
threat isn't that a rather subjective measure when it comes
to determined where they're going to use military force. And
I go back to the boats, he's blown up. I
don't like drugs. I don't want him in in the
United States. But you know that we have a coastguard
for if they get close to us, then we can
(08:03):
pick them up in process.
Speaker 4 (08:04):
How could four guys in a speed boat fifteen hundred
miles from the US, unarmed or maybe with just small arms,
you know, handguns, possibly be considered an eminent threat to
the national security of the United States. The answer is
they can't. And even if they were an eminent threat,
it would make much more sense to arrest them, search
(08:28):
the boat. If there's drugs there, seize the assets, and
then engage in plean negotiations with one of them to
find out where the drugs came from and who their
sources are. There are ways to accomplish these goals without
murdering people.
Speaker 3 (08:47):
Yeah, no question about it. Go about the normal course
of business. Pick them up. They obviously can have committed
a crime. Look, it's a drug, vote drug, it's a
boat full of drugs. That's against law. You're in our
territory of waters. You're going to be subject prosecution. I
die anyhow. It's just troubling from my perspective, and I
worry you know a lot of my listeners. I think
I hate drug dealers. I don't care that they blew out.
(09:08):
I don't care if it violates constitution. Well I do,
because somebody else is going to be in office someday. Yeah,
and they may decide that some organization that we don't
believe necessarily represents an imminent THREATSCA starts getting bombed because
of their political ideology or their geopolitical ideology or whatever
have you. It's so low a standard. And we're talking
about America's military here at minimum. And you and I
(09:30):
think agree on this point. We don't believe authorizations for
use of military force quite cut the constitutional declaration of
war standard. But at least get Congress to agree with
you and say, yes, you're right, we stamp of approval
authorize you some military force because we believe this to
be an eminent threat.
Speaker 2 (09:47):
We can hash that out.
Speaker 4 (09:49):
Right right, it's it's very, very dangerous. I got a
little alarmist and hyperbolic at the end of my column
saying who are they going to shoot next? Drug dealers
in Chicago? But their logic for killing people before they
commit crime is the same logic because out outside the
(10:11):
territory of orders of the United States, is the same
logic that they could apply to people inside the United States.
By the way, how can it be a federal crime
even if they were carrying drugs from Caracas to some
island off the coast of Caracas. What business of the
federal government is that? Does federal law apply everywhere on
(10:36):
the planet.
Speaker 3 (10:38):
Don't tell them that they may get that idea. You're honor,
and we'll start bombing targets all over the world without
with reckless abandon Judge Jenna Politano, logic, reason is always
on the plate when we talk with you, and I
appreciate the willingness to come on the program every week
and have these great conversations.
Speaker 4 (10:53):
Right Brian, It's my favorite morning and I love being
able to chat with you no matter what the Yankee,
the Reds, or the Bengals, or I hate to even
mention this, the football team New York Giants are doing.
Speaker 3 (11:07):
It is a strain for you to get those words
out real quick. Judging Freedom is his weather? Or is podcast?
Are you gonna be speaking with today?
Speaker 4 (11:14):
You're on at eleven this morning Eastern. I have the
great Colonel Douvas McGregor. Colonel McGregor and I spent a
weekend together giving this past weekend in a beautiful place
in the United States, Dallas, Texas, where we were well
received by the people to whom we spoke. But he's
warning that war with Iran is imminent, and he's going
to describe American, not Israeli, American preparations for that war.
(11:40):
Does Iran pose a threat to the national security of
the United States?
Speaker 2 (11:45):
Not one bit?
Speaker 4 (11:47):
What we're getting ready.
Speaker 3 (11:49):
It's gonna be a fascinating conversation, if not trouble and
judging and to paulatonom until next Wednesday. God bless you sir.
Have a great week.
Speaker 4 (11:55):
Thank you, Brian all the best.
Speaker 3 (11:56):
Take care, my friend. It's a forty three right now
if you. Bob Kercite talks in Gate of Heaven
Brian Thomas News
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