Judge Napolitano - Holes in the Constitution

Episode Transcript

(00:00):
One continues to run heavy from Grandand you're off and on the break southbound
seventy one to two seventy five intoken Wood, coming up next to guess
who's getting ready to head out onvacation. Here's some dues and don'ts.
Do use the five four three twoone packing method, five tops, four
bottoms, three assessories, two pairsof shoes and a swimsuit. Do not

(00:22):
yell hey, nice fanny pack.It'll get you hit. Those are all
true stories from my vacation last week. The Judge's next chuck ingram on fifty
five k R see the talk stations. I have eight thirty one here for
you, bou krc DE talk station. God love them. I know,

(00:43):
I know, I can see him. I can see them screaming nice fanny
pack. Anyway, Oh that's chuckfor you. Judge ended Apolitano every Wednesday
at this time with the exceptional Iguess is it the next two weeks?
You're gonna be out of town,your honor. I will be away for
the next two weeks, Brian,Yeah to you. I hope you're going
someplace exciting. Northern Italy Lake Como. Oh nice? Is it gonna meet

(01:08):
family or friends, or is justa you know, I've been there so
many times. I have so manyfriends in northern Italy and in the part
of Switzerland that abuts that area thatI am busy just about every single evening
of the fifteen days that i'll begone. So yes, I have a
lot of friends there. Do youspeak Italian by any chance? Yeah,

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I can get by in a taxior a restaurant. Well, I'm glad
you mentioned the restaurant because I'm afoodie. I love to cook. I
love food. I appreciate quality foodthat has been well prepared, and I
get the impression from all my friendswho've traveled in Europe that, for some
reason, the food in Europe,most notably in the Northern Italy, it's

(01:53):
just superior in so many ways.It's everybody comes back saying, oh my
god, it's so much more fresh, it's so much more flavorful. You
know, I always thought that thatwas just a sort of a pr impression
of Italy, but it's true.It is. Everything is fresh. It's
a more essential and integral part oftheir day, a proper meal. Well,

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enjoy that. We will miss havingyou on the fifty five KC Morning
Show and look forward to your safereturn so on behalf of all my listeners
and myself and my family. Thebest and safest of travels to you,
and I hope you enjoy yourself movingonward. Thank you, my friend.
I'll miss you. I will missyou too every night. This night,
midnight, the column comes out intoday's column Holes in the Constitution. And

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you know, when I read this, I wrote Jay Edgar Hoover on the
top of my copy of the article, because he was kind of doing the
same kind of thing the NSA andthe FBI are still doing through electronic means,
but he was doing it through othernefarious channels back when he was the
director getting inside people's dirty laundry,building file on people politicians, most notably,

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either it protect his own job orto have the goods on others.
It's widely documented and well known tramplingon the Constitution. He was. He
had the goods on every president fromFDR to Richard Nixon, and he used
what, by today's standards are oldfashioned, almost mechanical second story ladder outside

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the window break ins, like whenthey broke into the office of Daniel Ellsberg's
psychiatrist. The FBI did this duringEllsberg's trial, looking for dirt on Elsberg
from his psychiatrists that resulted in thedismissal of the charges against him, charges
for which he was obviously guilty.Jag Or Hoover never had the high tech

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means that the government has today.So when the government spies on all of
us, it argues that it isnot violating the Fourth Amendment because it's not
using the data gathered in a criminalprosecution. That means that the government believes
that the Fourth Amendment only restrains lawenforcement, and only restrains law enforcement when

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it wants to use evidence in acriminal prosecution. That, of course,
is nonsense. The Fourth Amendment waswritten after the experience of the Stamp Act.
The Stamp Act British legislation parliamentary legislation, required colonists to have stamps on
every piece of paper in their home, a letter, of financial document,

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a pamphlet, even a poster.You're going to be able to retreat.
Where did you get the stamps?You went to a British government office here
in the colonies and paid for thestamps. They weren't stamps like we used
today. It was more like anink stained rubber stamp with a British seal
on it. What was the purposeof this It was not to raise money.
It was to give government intelligence agentsan excuse to come into your house

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to look, ostensibly for this stamps. What were they really looking for revolutionary
and subversive material? They were anticipatingthe revolution that was coming in seventeen seventy
five. So it is clear thatthe Fourth Amendment was written to restrain all
government for any purposes, notwithstanding thearguments the government makes today. Well,

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this reminds me of many of thediscussions we've had over the years about the
torture at Guantanamo Bay. And youcan torture somebody all day long, but
if you get information as a consequenceof torture, you are not able to
bring that up in a court oflaw because it was acquired in violation of
somebody's civil rights. That same argumentis what you're making here. If they're
listening to our calls, if theyare gathering our electronic communications, which we

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are well aware that they're doing,they can acquire all the information they want.
Their argument is as long as theyaren't bringing it to court to use
against us. It's that second followup thing is where we learned that our
rights have been violated. We learnedthat they've been and we moved to suppress
the evidence at the criminal trial orcivil trials the case may be. But

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your point is, in the pointyou make in the article, is they're
saying, well, we're not goingto do that, and as long as
we're not bringing this unlawfully gathered evidenceup in a court of law and using
it against you, then we don'thave to mind the Fourth Amendment because they
don't care about the Constitution even thoughthey have taken an oath to uphold it.
You took an oath to uphold itwhen you were admitted to the bar.

(06:29):
Yes, sir, I've taken severaloaths to a bold it when I
was admitted to the bar, whenI was appointed to as to the bench,
when I received my lifetime a tenureappointment to the bench. It's the
same oath, it's the same Constitution, it's the same Fourth Amendment. But
since nine to eleven and the PatriotAct, probably the most unpatriotic, abominable

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piece of legislation Congress passed since theAlien and Sedition Acts of seventeen ninety six,
which made it a crime ninety eight, which made it a crime to
criticize the government. Since the PatriotAct, a generation of federal agents have
come of age disregarding the Fourth Amendment, spying and snooping first and worrying about

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the Fourth Amendment later. The massiveproliferation of spying generated by the George W.
Bush presidency picked up by every presidencysince then, even Donald Trump's.
I say even Donald Trump's, becauseTrump himself was famously or infamously the object
and subject of all this spying goingback to twenty fifteen before he was elected

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president. It didn't stop his DOJand his NSA, and his CIA,
and his DEIA Defense Intelligence Agency that'sthe military, which by the way,
is prohibited from spying in the US, but does it anyway. It didn't
stop any of these entities from capturingevery key stroke on every mobile device and

(08:05):
every desktop and storing it until theywant to look at it. What I
guess we always come back to whatcan be done. We know what the
Fourth Amendment says. The Supreme Courthas interpreted it along the lines of what
you are saying today, which is, it doesn't matter whether you're bringing the
evidence into court. You cannot riflethrough our effects and papers or electronic communications

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without a warrant and probable cause period, full stop. But they're doing it.
So what can be done, ifanything, Well, the votes have
actually been very close, Brian.After Edward Snowden's revelations that the government was
doing this, the Congress passed legislationthat permitted it. The legislation is profoundly

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unconstitutional, but it's there. Thelegislation has a sunset every five years.
The last time it was about tosunset and they extended it. They extended
it for two years. That wasjust about two months ago. In the
House of Representatives, it passed byone vote. That's how close it was.

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It was actually a two twelve totwo twelve tie. And that great
defender of civil liberties, who's thenew I'm being sarcastic Speaker of the House
of Representatives, who when he wasa regular congressman, voted against this spying,
but now that he's part of theestablishment, Mike Johnson left the Speaker's

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chair, came down on the wellof the House to vote to break the
tie. In the Senate, itpassed by just one vote. So we
really are very close to stopping thisstuff as more and more people become aware
of it. That's really the onlyeffective way to stop it. The FEDS
are very adept at making sure allthis spying doesn't get before a judge.

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You and I have talked about thismany many times. We are spied on
as we speak. Okay, thisis public airwaves. But let's say we
have a conversation afterwards the FEDS havecaptured it. We sue the FEDS for
violating our rights. The courts aregoing to say, well, you don't
have standing the sue because this isa political question. Your ox was not
gored, your harm is not distinctfrom all others. If it bothers everybody,

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then it's got to be resolved politically. So it can only be resolved
when the FEDS want to use thisinformation they've gotten from spying against you in
a criminal prosecution. Then they willlie and cheat about how they got it,
because they are never going to sitin a witness stand in a public
courtroom and explain how all this spyingworks. They'd rather let a guilty person

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go free than do that, Sothey reverse engineer the process to create a
ploy under which they can argue thatwe came upon this information through lawful means,
we didn't steal it from it.And they have set teams so that
the team in the courtroom is that'sthe clean team when they make the representation

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to a federal judge, here's howthis information was come upon, they honestly
believe that's true. The dirty team, the liars, the cheaters, the
computer hackers are the ones who actuallydo this, and then there's several teams
in between, so the clean teamdoesn't even know who the dirty team is.
This is the federal mentality. Uh, this is what is used in

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order to dupe federal judges into allowingevidence illegally obtained to be presented to juries.
This is of course a series ofcriminal acts. It's lying to a
federal judge. If done under oath, it's perjury. And what do you
call getting into somebody's computer without theirconsent or without a search warrant? Well,

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computer hacking. Guess which is acrime? A felony five years in
a federal prison. How many FBIand CIA and NSA and DA agents have
been prosecuted for this, It's aneasy number to remember. Zero. Well,
this is depressing your honor. I'msorry, I should be happy.

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I have a green shirt on theYankees continue to lose, but I'm off
to Italy. I should be happy. And since you're off to Italy,
And we always end on a discussionabout judging freedom, which I encourage my
listeners to look for online Facebook andYouTube for his judging freedom discussions, which
are always very enlightening and informative.Are you still are you doing that today?

(12:37):
You're just gonna get on there.We're doing it this week. I
will only do it if I'm awayif there's major breaking news in my end
of the world. But Scott Ritterwas yesterday and coming up before the week
is out, Colonel Douglas McGregor,Gilbert to Doctor. Yesterday we had Charlie
Freeman, who's the former Chris Cie'sa squirrel, the former UN Ambassador to

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Saudi Arabia describing how perilous Benjamin Etienne, who's positions as Prime Minister of Israel
is and how his trip to theUS two weeks from today is for domestic
Israeli political purposes. Interesting, alwaysenlightening again judging freedom and very quickly today

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was the original day for our roundtablediscussion the three of us with Congressman Massey.
Obviously, with his wife's death,recent death and he's grieving, obviously,
we had to postpone that Joe wantedme to remind because some of my
listeners were expecting that, And sincethat's obviously not happening today, it will
be rescheduled at some point. Ihope we can do it in August or

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in September. I don't think thatwill be a problem. And I trust
and pray that Congressman Massey has beenable to adequately deal with his grief by
that time. He is truly agreat man as him and being, and
as a member of Congress, andas a lover of freedom. I pray
for his wife soul and for hisbroken heart as do I thank you very

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much your honor. Safe travels,have fun on everyone's behalf. Looking forward
to it, of course I will. I will love you, t brother,
stick around, folks. Had alittle bit more to talk about.
First of work for plumb tight plumbingdone right. It's always plumbing done