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October 8, 2025 • 12 mins
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Speaker 1 (00:00):
Schedule your annual mammogram with you see helsaks Per team.
That's five one three, five eighty four Pink North Bend
two seventy five cruiser are working with an accident. Before
you get towards corner, traffic remains heavy from before the
Milford Parkway southbound seventy one break lights two seventy five
past Red Bank northbound four seventy one heavy from before
Grand North Bend seventy five break lights out of Flori.

(00:23):
It's 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.
They've got I need a couple of more, But Judge
Napp's next. Chuck Ingram on fifty five KARC, the Talk station.

Speaker 2 (00:45):
Eight thirty two.

Speaker 3 (00:45):
If you fi KR City 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 judg Enna 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 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 2 (01:24):
I feel sorry for Joe Burrow.

Speaker 5 (01:27):
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 know,

(02:18):
Orwellian the fact that that Donald 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.
We've talked about this kind of they have.

Speaker 5 (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.

Speaker 2 (02:57):
Long you spoke.

Speaker 5 (02:58):
It's not the actual conversation. 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

(03:20):
does not require 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 Patrade Act. That's

(03:41):
where one FBI agent authorizes another FBI agent to issue
a search warrant on stored records at your lawyer's office,
your doctor's office, your telecom, your computer server. The I
don't blame is and I frequently disagree with him. As

(04:04):
Senator Holly, he was outraged he was not in the
Senate when 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 aybody 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 5 (04:37):
Right nobody's ox should be gored. 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.

Speaker 2 (04:55):
Trump on January fifth or January sixth.

Speaker 5 (04:57):
He goes to 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 going back to before.

Speaker 2 (05:19):
Nine to eleven.

Speaker 5 (05:20):
I believe it or not, what left wing pinko creep
signed the first of these laws allowing the government to
get your.

Speaker 3 (05:29):
Bank records George Bush right.

Speaker 5 (05:32):
Ronald Rayel, 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

(05:52):
damage was done in nineteen eighty six under the so
called Bank Privacy.

Speaker 2 (05:58):
Act, which.

Speaker 5 (06:01):
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? Well, what cartels
are using in drug dealers and utilizing so in those days.

Speaker 5 (06:24):
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 Donald Trump says, it is

(06:45):
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 in their younger days

(07:08):
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, I am dying

(07:29):
to see this so called secret memorandum that she has.
How can analysis of a public law possibly be secret?

Speaker 3 (07:38):
I know I was gonna ask you about that. He's
not gonna reveal the memo to the general public, even
though CNN is widely reported on it. But emminent threat
isn't that a rather subjective measure when it comes to
determined whether 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.

(07:59):
But you know that we have a coastguard for if
they get close to us, then we can pick them
up in process.

Speaker 5 (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

(08:29):
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 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 proscution. I 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. I don't care if

(09:09):
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 eminent 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 I think agree

(09:31):
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.
We can hash that out.

Speaker 5 (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?

Speaker 2 (10:00):
Drug dealers in Chicago? But their logic for.

Speaker 5 (10:04):
Killing people before they commit crime is the same logic
we could out outside the territory of waders 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

(10:28):
of Caracas. What business of the federal government is that?
Does federal law apply everywhere on 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 judg 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 5 (10:53):
Right, Bryan, It's my favorite morning, and I love being
able to chat with you no matter what the Yankee's,
the Reds or the Bengals, or I hate to even
mention this, the football team New York Giants.

Speaker 3 (11:06):
Are doing it. It was a strain for you to get
those words out real quick. Judging Freedom is his weather
or is podcast? W are you gonna be speaking with today?

Speaker 5 (11:14):
You're honor about eleven this morning Eastern I have the
great Colonel Douglas 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? Not one bit?

Speaker 2 (11:47):
But we're getting ready.

Speaker 3 (11:49):
It's gonna be a fascinating conversation, if not troubling. Judginga
paulatonom until next Wednesday. God bless you sir. Have a
great week.

Speaker 2 (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 Karcite talks in Gate of Heaven

Brian Thomas News

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