Judge Napolitano - Gitmo and Politics

Episode Transcript

Speaker 1 (00:03):
Time for the ninth first twenty one to four cast
is going to be mostly excited to part with flighty
day to day high eighty five going to the sixty
two overnight becase. Guys are clearing up gets sun tomorrow
with high of eighty seven, a few clouds in a
low of sixty three over Thursday night. Friday is going
to be a sunny day and outline at ninety degrees
sixty eight degrees right now, time for traffic. Chuck from
the UCLP Traumphic Center.

Speaker 2 (00:21):
The University of Cincinnati Cancer Center is open, the most
comprehensive bund cancer center in the nation. The future of
cancer care is here called five one three five eighty
five u SECC westbound two seventy five over a twenty
minute delay between Milford and an accident of Loveland. They've
now balked off the right lane after that Loveland Ramp.
Southbound seventy five slows through Walkland. Northbound seventy five is

(00:44):
an extra forty minutes between Florence and downtown. Chuck Ingram
on fifty five KRC the talk station AY twenty seven
Here fifty five KRC Detalks station. Of course, you know
it's that time of day, that time of week. Appointment
listening everyone Wednesday at this time because we get to
hear from the brilliant Judge Enteropolotan and welcome back your honor.

Speaker 1 (01:05):
Always a plea, Brian.

Speaker 3 (01:07):
I guess I'm chopped liver over at the traffic department
this morning.

Speaker 1 (01:11):
He probably forgot what day it is. That happens all
the time, and Joe pointed out in actually, in Chuck's defense,
we can make fun of him and talk about how
he's isolated from the rest of humanity most of his life.
But we're having a lot of traffic accidents just in
the area this morning, and you know, he's responsible for
traffic all over the Midwest, so he's got his hands

(01:31):
full apparently, so a bit distracted. So we'll give him
a break.

Speaker 3 (01:34):
I'm I'm sorry to hear that, and I apologize for
busting his job.

Speaker 1 (01:38):
Oh no, no, come on, it wouldn't be a Wednesday
unless we gave Chuck some hard time. He appreciated, appreciates it. Rather,
let us talk about GETMO. One of my favorite topics
with you is GETMO because, as I pointed out to
you in our email exchange yesterday, this creates so much
cognitive dissonance among my constitutional loving listeners. We have a constitution,
we all embrace it, You and I and my listening

(02:01):
audience does everything they can to support it and appreciate
its value. It's critical to our nation and its future
to understand these concepts and do everything we can to
protect them. But then get mo and you got a
demonstrably evil person, the murderer of people whatever. And it's like,
I don't care about that damn constitution. Do whatever you want,

(02:23):
torture them, go ahead, it's gurro me, he's a terrorist.
That it's the attitude that flows in when we get
into these concepts that did create so much problems with
people's respect for the Constitution.

Speaker 3 (02:32):
Yes, and you know, as I also mentioned in the
emails that we exchanged last night, I never got in.

Speaker 4 (02:40):
More trouble with my on air Fox colleagues. I'm not
talking about management. I'm talking about my buddies.

Speaker 3 (02:49):
When I defended the constitutional rights of non Americans. But
that's easy to do if you've studied the basics and
the Constitution, because the relevant constitutional amendments protecting people when
the government wants their life, liberty, or property, protects persons
or people. It is not limited to just Americans, and

(03:12):
the Supreme Court has made that very clear. Nevertheless, people
have so much understandable, understandable animosity toward these guys that
pulled off nine eleven, even though it was now twenty
three years ago, that they don't seem to be interested
in the niceties that do process.

Speaker 4 (03:31):
But think of it this way. If due process.

Speaker 3 (03:33):
Can be denied or watered down because the defendant is
unpopular or perceived as probably guilty, that could happen to anybody.
And the whole purpose of the Constitution is to make
sure it doesn't happen to anyone. And politics, which is
rearing its head in this College Saik Muhammad case, politics

(03:59):
should not interfere with due process.

Speaker 4 (04:02):
We have a case here.

Speaker 3 (04:03):
Where the judge, the government lawyers, and the defense lawyers,
and the defendants and the general supervising these prosecutions have
all agreed to a plea bargain. They all signed the
plea agreement, and then a month later, the Secretary of Defense,

(04:23):
who is not a lawyer, decided, wait a minute, do
we really want to look weak in the middle of
a presidential election campaign. He didn't put it that way.
The way he put it was, I want the public
to see the evidence in this case.

Speaker 1 (04:34):
No, you don't.

Speaker 3 (04:36):
If the public sees the evidence in this case, the
government's behavior is indefensible, and you will expose your troops
to the most vicious retribution. That's not me, that's the
prosecutors in the case to the Secretary of Defense.

Speaker 1 (04:55):
And that's because of the torture that went on. Correct.

Speaker 3 (04:58):
Correct, it's all because of George W. Bush and colleagues.
I mean, the Congress went along with this and torture.
Has anybody been prosecuted for torture?

Speaker 1 (05:10):
Yes?

Speaker 3 (05:11):
One CIA agent was prosecuted because he revealed the torture
and the names of the torturers, and he went to
jail for three years.

Speaker 1 (05:24):
Wow. And that's hard to believe. And you know, the
interesting maybe detail that my listeners aren't familiar with is
that this is a military tribunal, correct, Yes, which means it.

Speaker 3 (05:35):
Is actually a federal court with the trappings of a
military tribunal. When they tried to set it up like
the post World War two military tribunals and then realized
that these defendants didn't actually fly the plane, they didn't
actually pull the trigger to kill people, they were conspirators
and charged them with conspiracy, and Defense Council said, there's

(05:59):
no conspiracy in the law of war. You either have
to drop the conspiracy charger bring us before a regular
federal court. Congress and the Bush administration responded by saying, okay,
we'll turn the GITMO Tribunal into a federal court. They'll
follow the federal rules of criminal procedure, but we'll keep

(06:19):
it in guantanamobey and we'll let them pick their jury
from amongst the military.

Speaker 1 (06:25):
But the judge is not necessarily as independent as an
elected official might be because his boss is the one who
said pull the plug on the plea agreement, correct.

Speaker 3 (06:35):
So he works for the same boss that the prosecutor
works for. The chief prosecutor is an admiral, the judge
a Navy admiral.

Speaker 4 (06:48):
The judge is an Army colonel.

Speaker 3 (06:51):
They are both active duty, they both work for the
Secretary of Defense. They're both supposed to have independent judgment,
and Secretary of Defense has big footed their independent judgment
and said, get rid of the plea agreement.

Speaker 4 (07:04):
I want this guy tried.

Speaker 1 (07:06):
And that's where the absurdity this all comes in, because,
as you point out in your column Gitmo and Politics,
which comes out tonight at midnight. Recommend everybody read it.
That a normal judge and the independent judge that wasn't
speaking or reacting to that edict that from on high
that you need to pull the plug on this plea agreement,
would have said no, everyone here agrees, the prosecutor agrees,

(07:26):
the defendant agrees to the plea agreement, and I, as judge,
approve it. So you know, you can take your recommendation
and put it where the sun don't shine. This is done.

Speaker 3 (07:35):
You know, under the federal rules of criminal procedure, once
a guilty plea has been entered, signed, and accepted by
the court, there are no do overs. So I really
don't know how this ends. Now, just to make this
even more absurd, this is the fourth judge on the case,
and this is the second team of defense lawyers and

(07:59):
the second team of prosecutors. Even though under the Constitution
you're entitled to a speedy trial, this has been going
on since two thousand and three.

Speaker 1 (08:11):
Yeah, and that's because of the legal machinations they had
to go through because again they started it as a
military tribunal, but as the Supreme Court said, well, this
is not something that is appropriately in front of a
military tribunal. So let's start over. Kick the can down
the road. You and I. You're a judge, you know
how long it takes the wheels of justice to turn correct.

Speaker 3 (08:30):
Has anybody been tried for nine to eleven? Yeah, you
may remember this name. A guy by the name of
Zacharias Musawi was indicted for being the twentieth hijacker and
something happened.

Speaker 4 (08:43):
And he wasn't able to be around that morning. Obviously
didn't die, he didn't fly the plane.

Speaker 3 (08:49):
He was charged with conspiracy to commit mass murdery pleaded guilty,
and then they had a penalty phase trial.

Speaker 4 (08:57):
That the government spent millions on.

Speaker 3 (08:59):
The government tried to prove to a jury that he
should be executed. The defense tried to approve to the
jury that he should get life in prison. The jury
in Virginia, where the government rarely loses, rejected the government's
argument and he got life in prison. This was fifteen
years ago. The same thing could have happened to these

(09:22):
people in Guantanamo Bay if Bush and Cheney had not
been so hung up on the macho nature of a
military tribunal. As opposed to a regular criminal trial in
a regular federal court, which never takes longer than two
or three years from indictment to trial.

Speaker 1 (09:44):
Amazing well, and pivoting back to a conversation you and
I had recently regarding our freedoms of speech. Hillary Clinton
thinks that maybe people should be criminally or civilly prosecuted
for the words that come out of their mouth. I
see had a quote here. I also think that our
Americans who are engaged in this kind of propaganda referring
to the Russians maybe having an influence over someone's heart
and mind, and whether they should be civilly or even

(10:07):
in some cases criminally charged is something that would be
a better deterrence. And ultimately made a point that I
think we need to uncover all the connections and make
it very clear that you could vote however you want,
but we are not going to let adversaries, whether it's China, Russia, Iran,
or anybody else. I emphasize, basically, try to influence Americans

(10:29):
as to how we should vote in picking our leaders. Sir,
I get my opinions, commentary, and my analysis based upon
news sources from around the globe. I am entitled to
do that. I can read a Russian report and you know,
perceive it with some measure of bias, recognizing it's going
to be biased towards Russia's positions, but ultimately those positions
may be sound ones in my logical mind, I'm not.

(10:54):
I haven't been convinced by some you know, paid adversary
to reach that conclusion. I reach it on my own.
I'm allowed to do that.

Speaker 3 (11:03):
She is former First Lady, of course, former United States senator,
former Secretary of State, former Democratic Canada for president, and
a graduate of Yale Law School, and she seems to
have forgotten the basics on free speech. Guess what, Senator Clinton,
Secretary Clinton, missus Clinton propaganda is protected free speech. One

(11:26):
person's propaganda is another person's truth. The test of an idea,
of a thought, of an opinion is its ability to
be accepted in the marketplace of ideas, not its consistency.

Speaker 4 (11:39):
With what the government wants.

Speaker 3 (11:41):
The whole purpose of the First Amendment is to keep
the government out of the business of evaluating the content
of speech. I was surprised that Rachel Madbow, on whose
show she said this, didn't jump down her throat. Rachel,
though very left wing. Is a staunch defender of the
freedom of speech. This is Clinton, though left wing is

(12:02):
now an adversary to the freedom of speech unless she
agrees with it.

Speaker 1 (12:08):
I was just thinking, George Soro spends a lot of
money trying to influence the hearts and minds toward gravitating
people toward leftist ideology. We're going to prosecute him. I'm
not advocating for it. He can do whatever he wants
with his money. But see, that's the point for her,
It's a question of whose ox is being gored? Correct? Correct?

Speaker 3 (12:24):
It was just reprehensible and if you if you watch
the clip, she she said it with such venom and fury,
like she wants to take.

Speaker 4 (12:37):
Brian Thomas and judge Thepolitano.

Speaker 3 (12:39):
And make us defendants in some sort of a proceeding
for what Because she doesn't like what we say, because
Joe Biden doesn't like what we say, because Tony Blinken
doesn't agree with what we say. That's that's as Unamerican
as is imaginable.

Speaker 1 (12:55):
Well, seeing, get mo your honor, Okay, judge.

Speaker 3 (13:01):
The Politana's defending criminal defense rights and getvo because he's
worried about ending up there himself.

Speaker 4 (13:07):
There was one American there, Jose Padilla.

Speaker 3 (13:12):
That's a long, long complicated stories, not there anymore, but
he was there. There was another American there, John Walker Lynde,
another long complicated story.

Speaker 4 (13:22):
But the other defendants there are not Americans.

Speaker 1 (13:26):
Well, so it is possible, Judge Jennita Palatown to find
him online. Judging Freedom is searched for that you'll find
his podcast. Are you going to be talking with today,
you're honor.

Speaker 3 (13:35):
I'm not going to be talking to anybody from the
Bengals or the Giants, that's for sure.

Speaker 1 (13:40):
I wish you would. You can ask him about the
one point two billion dollars stadium upgrade, which we the voters,
the Hamilton County taxpayers, are going to have to pay.
A topic for another day, and there will be another day.
That'll be next Wednesday with another edition with Judge Enna
Palatoonner here in the fifty five Carson Morning Show.

Speaker 3 (13:56):
Colonel Douglas McGregor at eleven o'clock Eastern is I most
sought after guests to be with me today.

Speaker 1 (14:03):
Always enjoy it, your honor until next Wednesday. Best of health,
you your honor, you're sir. It's always a pleasure. Thank you,
Brian eight forty one fifty five care se detalk stations
stick around. We're gonna hear from Jason Williams from the
Quire speaking of the stadium, how much are you and
I going to be paying for a one point two
five billion dollar upgrade? A Sadly, I don't think the

(14:25):
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