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October 22, 2025 • 8 mins
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Speaker 1 (00:00):
A Trumpian headache. I enjoyed. You know you and I
are in the minority on this issue. Judge of Paul
tunnle I think you know that, don't you.

Speaker 2 (00:07):
I do, and it's such a head scratcher to me.
I even included in there a paragraph that this has
nothing to do with Donald Trump, has nothing to do
with whether you like him or not. It has nothing
to do with whether you think it's a maudible goal
or not.

Speaker 1 (00:22):
Right.

Speaker 2 (00:23):
This has to do with the core American value, which
is due process of law, the very reason we fought
the American Revolution, the reason they wrote the Constitution, the
core of the Fifth Amendment consistently interpreted for two hundred
and fifty years to prevent what's happening right now. Even

(00:46):
the Nazi saboteurs who were caught in Long Island and
Florida during World War Two were given a trial before execution.

Speaker 1 (00:59):
No person should I'll be a priud of liberty or
property without due process of law. Now, right now, there
are a whole bunch of people and I've heard this
argument before, your honor, so I really want to dive
right on into it. That are saying, wait a second,
it's the United States Constitution. The Constitution provides protection of
course and liberties and freedoms to US citizens. We can't

(01:22):
extend it out to every human being in the world.
That is not your interpretation of no person shall be
the private life liberty party. That's everybody.

Speaker 2 (01:31):
Well, that's not my interpretation, that's the Supreme Court's interpretation.
The word is person, it's not Americans. I didn't put
this in the article, and of course I won't mention
his name, but I received an email from a very
well known retired admiral. I don't know if it's two

(01:53):
stars or three stars, but it's the second or third
level up there who read prior piece that I wrote
about this before we knew about the two survivors. The
key to my piece this week is that there are
two survivors, which is the Trumpian headache, because without leaving
their home countries, they can commence an action under the

(02:18):
Civil Rights Act for the use of official power to
attempt to kill them and to kidnap them. The admiral
said to me, we stopped boats all the time. We
did so only when we had probable cause. We never
killed anybody if there was probable cause, if we found drugs.

(02:40):
We seized the boat, We arrested the people, We turned
them over the Coast Guard have turned them over to
the Department of Justice. We don't know what happened to them.
It wasn't our job, but we assumed they had a trial.
If we had been ordered to kill people, these stars
on my shoulder would have been thrown on the Secretary
of Defense's desk.

Speaker 1 (03:00):
Right, we need to stand as a higher, nobler country.
The idea of due process, for me, lends credibility to
our actions. If there's going to be accountability by way
of punishment or even in certain cases. And I don't
believe in the death penalty Judge of Polotano, but if
we're going to execute somebody, you're entitled to due process.
It sends a message to the world that we're not crazy,

(03:22):
we're not rogue, we're not just running around blowing up
every human being on the planet that we find offence with.
And you know, and to your point, as I said
earlier in the program, I've said before, Okay, you're seeing
a submarine. It's fifteen hundred and two thousand miles away.
You've got you've got video of it, you've got satellite
tracking of it, keep your eye on it until it
gets into US waters and it's sent in the Coastguard,

(03:42):
and go through the process that you just talked about.
We don't have the death penalty for drug dealing here
in the United States, your honor right, right.

Speaker 2 (03:51):
So you know, I don't know anything about these two survivors.
I don't know about their physical slash medical condition. I
don't know if they are the type of people that
would file this complaint. But I do know that there
are civil rights lawyers trying to find them. Oh yeah,

(04:11):
because they need a real living plaintiff who has standing.
And from that story I told you I put in
there about donar Olacki's father, where the judge says, you know, sir,
you don't have standing, there's no harm to you. Your
son would have standing. In course, the son was obliterated
before he could get to a federal court. It is

(04:33):
clear that these two people have standing to bring an
action against the government, and that would of course litigate this,
that would put before a federal judge. Trump's claimed powers
to kill people in the high seas if they can
get these folks to become plaintiffs, right, But this is
the nightmare for the DOJ. I can only imagine, because

(04:55):
they keep everything secret, that they had a great debate
about what do we do with these people? The President says,
they're drug dealers? Can we just let them go? Do
we have enough evidence to arrest them? Do we have
enough evidence to prosecute them? These must have been the
types of questions that the DOJ was debating in the
past week when they took the safe course of repatriating them,

(05:17):
because if they brought them to the United States, well
then there's no question but that there'd be litigation.

Speaker 1 (05:25):
I almost want to hasten to mention Guantanamo Bay. We
had some due process problems there too as well. We've
talked many times about the torture that went on there
and the problems associated with that. I guess I have
to ask you.

Speaker 2 (05:38):
That gum Obay, how many trials have they had at
guantanam obey emanating from nine to eleven? There you go zero,
remember zero?

Speaker 1 (05:50):
Zero? What would the form of the and I know
there's a lawyer out there that would love to find
these guys, As you pointed out, what would the nature
of the claim against the US government? Is a civil
rights violation? To process violation.

Speaker 2 (06:02):
Yes, yes, Now, normally this is a criminal case. Normally,
a government agent who used the force of law illegally
to attempt to kill somebody or to kidnap them would
be prosecuted by the DOJ. Obviously, the DOJ is not
going to prosecute the president or Pete hag Seth or
an admiral or even a guy in a navy jet

(06:27):
that dropped the bombs of the boat. So it would
be a civil case alleging the undercolor of law, the
government tried to kill them. You know, this wasn't Donald
Trump with a personal pistol. This was the government trying
to kill them. And then this was the government kidnapping them.

(06:49):
This is basically a Bivens case, Brian, Now the court
has made these Bivens cases. Bivens is a famous case
from the sixties in which a person was terribly beaten
up in their home ran sect and their freedom curtailed
by federal agents who never identified themselves. I never even
acknowledged that they work for the federal government. Bivens eventually succeeded.

(07:15):
But these types of cases suing the government for using
the powers of the law illegally to harm a person,
are not favored by the courts and are difficult to prosecute.
But this is one that ought, in my view to
be aired because Congress is gutless. The President intimidates everybody

(07:36):
around him, and he can't just keep killing people again.

Speaker 1 (07:41):
You and I are not going to argue about this.
We have Congress Fomassy and Senator Ran Palmer's side anyway,
which I think gives us street credibility. Judge Ennapolitan, at
least among my listeners, they can feel free to disagree,
but expedience is no justification for tossing out constitutional rights.
I'll hang my hat on that all day.

Speaker 2 (07:57):
Log.

Speaker 1 (07:58):
Jun Jenita Politano, beautiful insight, full article you wrote coming
out tonight a Trumpian headache. I'm fortunate to get enough earlier.
Who's on the show today judging freedom? You're honor.

Speaker 2 (08:07):
I have Aaron Monte, the Great Phil Giraldi. He is
the XCIA agent who told George W. Bush Saddam Hussein
does not have weapons of mass destruction and Bush threw
them out. And the Great Professor Jeffrey Sachs Phil on Venezuela,
Aaron on Gaza. Professor Sachs on What's Israel's next move?

Speaker 1 (08:34):
Well, interesting conversations. As always, I'll encourage my listeners to
check it out wherever they get their podcast, Judging Freedom
and always tune into fifty five Casey Morning Show every
Wednesday at eight thirty Judging and Apolo Tan And thank
you for your time, as always,

Brian Thomas News

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