Judge Napolitano - The Feds Defend Their Tortures Again

Episode Transcript

Speaker 1 (00:04):
Time forty jen and nine first warning one of wokask
got mostly sunny skies, a little at nature and partly
fid and it may be a pop up shower. Eighty
two for the high today, down to fifty nine over night,
which is a few clouds seventy the high tomorrow with
showers in the morning which should be out by noontime.
Over night, a few clouds fifty two and a dry,
partly flatty Friday with a high of eighty one fifty nine.
Right now, let's hear from Chuck Ingram on traffic from

(00:27):
the UCL Tramphics Center. You see health.

Speaker 2 (00:29):
You'll find comprehensive care that's so personal it makes your
best tomorrow possible. That's boundless care for better outcome, So
expect more at ucehealth dot com. Southbound seventy five continue
slow in and out of Wachland. Southbound seventy one from
Fields eardled down to Redbank for over a twenty minute delay.
Northbound seventy five is down to just one lane to

(00:51):
get by thanks to an accident and vehicle fire before
mouth Zion Road. That traffic is now backing up to
seventy one and quotes to an hour delay well, the
calendar has changed to fall, which means it's our next
guest's favorite time of the year, not Giants football, not
Yankees playoff baseball. It's pumpkin spice season. And he has

(01:16):
pumpkins spice soap, pumpkins spice shampoo, and he certainly loves
pumpkin pie made with pumpkin spice, which doesn't seem all
that odd to me. So sit back and grab his
favorite Lotte and listen to the judge. He is next.
Chuck ingramont fifty five krs. The talk station.

Speaker 1 (01:39):
A thirty if you have Kerr seed he talks station. No,
Chuck Ingram did not run by those conclusions past Judge
Edita Polatano before announcing them. I have no idea what
your position is on pumpkin spice crap, Judge editor Politano,
I don't think Chuck us.

Speaker 3 (01:56):
I don't have a position.

Speaker 4 (01:57):
And then even I don't know where he got that from.

Speaker 1 (02:00):
Trecker.

Speaker 4 (02:00):
Pumpkins on my farm, but pumpkins not pumpkins space.

Speaker 1 (02:04):
Right, Well, I think the answer is Joe Strecker, a
little bird revealed to me this morning that Chuck Ingram
quite often gets an assist from the executive producer of
the fifty five Carsey Morning Show. So if it's some
sort of day or special event going on that lands
and coincides with our discussions on a Wednesday, you can
thank Joe Strecker for probably feeding him a little information.

(02:25):
But regardless, he's a goofy guy. Both of them are
goofy guys. Judjoe, I love you. Yeah, we all love Joe.
I mean I wouldn't have I would not have this
job if it wasn't for Joe Strecker, Judge and Poulton.
And I'll give him all the credit in the world. Hey,
can I throw you a curveball before we dive into
your column, which is the FEDS defending their tortures Again,

(02:45):
I was puzzling over this and I immediately thought of you,
and I've told my listeners this morning several times. I've
got to ask the judge about this. From a legal standpoint,
you and I have talked many, many, many times about
our perceptions which we believe it wrong for us to
unilaterally drop bombs on country in countries against whom we
have no war declaration because we perceive there's a bad

(03:07):
guy sitting there. So random dude he's a terrorist, we
blow him up, like, okay, out of nowhere, a bomb
blows up, And we questioned the legality of that. But
yesterday Donald Trump announced that our military blew up a
boat that had eleven what they are saying suspected Venezuela
and trade the Aragua Narco terrorists and along with a

(03:31):
bunch of drugs. They're all dead now the boat's sunk,
and I guess the drugs are at the bottom of
the ocean. Now, if our Coastguard was in international waters
and they came across a drug sub or something, they
couldn't just blow it up, could they. I mean, I'm
wondering about how what this means. I mean, there's nobody
in the world that's gonna, you know, successfully defend the

(03:52):
trend de Iragua gang members, and I don't know what
forum they would launch some sort of legal challenge for
wrongful death or whatever, but it seems it just seems
to me to be Wow, that's pretty bold in and
of itself, just blowing the boat up.

Speaker 4 (04:07):
It was an act of homicide and a war crime
for the United States military to attack civilians. It was
a pre conviction extra judicial execution. The crime for which
doesn't even call for the death penalty. Even if they
had been guilty of what the President accused them of,
improperly prosecuted.

Speaker 3 (04:29):
And lawfully convicted.

Speaker 4 (04:33):
What the government should have done if it felt that
they were transporting drugs into the United States, and the
only thing they could legally have done would have been
to stop that boat in American waters, search it if
there's nothing there, let them go. If there are drugs there,
confiscate the drugs, and arrest these people. But to execute

(04:53):
them like that is absolutely totally directly prohibited.

Speaker 3 (04:58):
By the Fifth Amendment.

Speaker 1 (05:00):
Yeah, and it's that I just said.

Speaker 3 (05:01):
You probably won't hear said very much. No, I as president.

Speaker 4 (05:06):
Has demonized them, and he likes to show strength, and
he likes to show forrest, and he'll say he saved
so many American lives from these drugs, but he's destroying
the constitution and the process.

Speaker 1 (05:17):
Yeah, I mean it shouldn't be. You know, it depends
on whose ox is being gored. Thing here. I know
nobody can defend gang members and narco terrorists. But again,
your conclusion is exactly what I expected you to say,
because I pointed out, if you know, if I've got
a van full of drugs and I'm driving down I
seventy five and local law enforcement pulls me over. To
your point, I wouldn't be subject to the death penalty

(05:39):
and they couldn't just shoot me on the spot. They'd
have to take the drugs in process, me proving a
court of law beyond a reasonable doubt that I was guilty,
and then maybe end up in five ten years in
prison probably at most, but no death penalty involved.

Speaker 4 (05:53):
So right, so, I don't know where this goes. It
will probably go nowhere. I honestly thought that the comments
of President Maduro, I'm not a fan of his, were articulate, tempered,
measured appropriately praise worthy of Trump, basically saying, why do
you want to stain yourself with the blood of these

(06:16):
Latin Americans? So and Pete Hegseth is to blame as well.
We have a defense secretary who apparently doesn't say, mister President,
would you rethink this? Rather when the president says jump
eg Seth says when? Where?

Speaker 3 (06:30):
And how high?

Speaker 1 (06:33):
Amen to that?

Speaker 3 (06:35):
All right?

Speaker 1 (06:35):
Amar al Balucci.

Speaker 3 (06:38):
You probably never heard of him, and I never heard
of him.

Speaker 1 (06:42):
Came up the subject matter of the column. The FEDS
defend their tortures. Again, we're back at Guantalano Obey and
dealing with the aftermath of absolute, outright violations of human rights.
I'm sorry, if you beat a confession out of someone,
you cannot introduce whatever was said as a consequence of
the beating or other more severe torture in a court

(07:04):
of law, which means you're on shaking legal ground. So
what's going on.

Speaker 4 (07:07):
What you just said is criminal procedure one oh one right,
and law students, long before they study for and pass
the bar, know the truism that you articulated. It took
a military court eight years to get to the bottom
of this. Now, admittedly there was a lot of litigation.

(07:29):
They kept changing judges, there was a lot of testimony
as to what happened, who knew what when, And finally
the judge did the right thing. But if this had
happened in a civilian federal court, saying Lower Manhattan, it
would have been resolved about twenty years ago. So right
after the judge invalidated this confession, the guy was tortured

(07:52):
over a thousand times. I'm not going to say what
they did to him in this discuss.

Speaker 1 (07:57):
Use your imagination folks, and you're probably on safe ground.

Speaker 4 (08:00):
The only thing I will add that I had not
seen before is the New York Times reported that one
of the transcripts read by the New York Times reporter
revealed that CIA apprentices took turns smashing this guy's head
against a wall. That's some apprenticeship, but so you can

(08:21):
imagine what else they did to him. This went on
over eleven, over one thousand sessions. Then the CIA disappears.
Then they hand him over to the FBI. Then very seasoned,
experienced FBI agents who had nothing to do with the
torture start questing and him, questioning him, and he tells.

Speaker 3 (08:39):
Them everything they want to hear.

Speaker 4 (08:42):
Then they want to introduce the confession into evidence. Then
they have years of litigation and testimony, at the end
of which the judge concluded he was so malleable, so
fearful of what they had done to him, that his
testimony is inherently unreliable. I mean, the law is pretty clear.

(09:04):
If you torture somebody, no matter who they are and
what they say and what you learn from them, it.

Speaker 3 (09:10):
Can't be used.

Speaker 4 (09:11):
And you've committed a crime in the act of torture.
Now the judge invalidates the torture, invalidates the confession on
the basis of the torture, and then retires again. This
is so there's no judge in this case, and nobody's

(09:32):
volunteering for it because there's forty thousand pages of documents
that have to be read by whoever the newly assigned judges.
I mean, this is what time to obey military prosecutions
is just an unsufferable mess.

Speaker 1 (09:48):
Yeah, that's what I refer to as kafka esque. I mean,
this guy's they keep changing judges. It's like every time
they get to some point in time where they seem
to be at a point of resolution, the judge quits
and the to start all over again. And the new
guy's got to read forty thousand pages of transcript just
understand where in the hell he is in the case.
And so they kicked the can down the road again.

Speaker 4 (10:09):
And the same thing happens with the prosecution team. There
is no one on the prosecution team now who was
on it when these prosecutions started, so's it. The prosecution
team is huge, so it doesn't all change at once,
but it has completely changed four times. And this judge

(10:29):
who were just retired is the fourth judge, so there
will soon be a fifth. And how long, no matter
who he is or she is, how long will it
take that person to read forty thousand pages before they
can gear up for more litigation? So I write this
stuff because the public needs to know what's being done
in their name. But by the way, this guy was

(10:52):
taking a shower one day. It's allowed one shower a week,
all right, it's a jail, it's a prison. And in
the steam on the wall of the shower, using his finger,
he writes his name for that.

Speaker 3 (11:04):
He was denied water for.

Speaker 4 (11:06):
Forty eight hours because he's prohibited from telling anybody who
he is, including the guard who's staring at him while
he's taking the shower, who knows damn well.

Speaker 3 (11:14):
Who he is.

Speaker 1 (11:15):
Geez, it's hard to make sense of any of that.
And of course, look what happened. You ind of pretty
significant legal trouble after all those decades. None of it,
none of it boor any fruit, well poison fruit anyway, right,
your honor.

Speaker 4 (11:29):
Yes, absolutely, Speaking of which, our favorite congressman will be
front and center in about two hours. He's not going
to let the Republican leadership Bigfoot him on Epstein by
releasing thirty three thousand pages, all of which had.

Speaker 3 (11:46):
Already been released.

Speaker 4 (11:49):
He is so fearless, so courageous, so steadfast. He's just
a wonderful human being, a blessing to the Constitution. I speak,
of course, of Massy.

Speaker 1 (12:02):
He'll be on Judging Freedom today a couple of hours.
I'll ask my listeners to check out that podcast, as
I regularly ask them to do. Anybody else you want
to mention fo we part company today, Judge of Politano.

Speaker 4 (12:12):
My usual Wednesday crew Aaron Mate, Max Blumenthal, Colonel Karen Qodkowski,
and Phil Giraldi, the CIA.

Speaker 3 (12:20):
Officer who told George Bush.

Speaker 4 (12:22):
The Stomas say does not have weapons of mass destruction
when push threw him out of the Oval office.

Speaker 3 (12:27):
The rest is history.

Speaker 1 (12:28):
The rest is history, and we will part company and
see you back again next Wednesday. God bless you your honor.
Always enjoy it, my friend. Have a great week. Back
at you, Brian, Thank you, sir. Eight forty two fifty
five kr C. They talk station Big progress for the
residents of Hyde Park. John Zinzer is going to join
the program next from Save Hyde Park Square fifty five

(12:49):
KRC dot com