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Speaker 1: I'm having us through lock On northbound, out of arrow

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Speaker 1: Linger into the cut. Everything is new in twenty twenty six,

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Speaker 1: including our next guest coming up is the brand new

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Speaker 1: draft consultant for the New York Giants, Judge Napolitano, you're

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Speaker 1: on the clock, Chuck Ingramont fifty five kr DE Talk Station, fifty.

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Speaker 2: Five kr SE DE Talk Station. Oh, you may not

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Speaker 2: think big plans for the Bengals this year. But if

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Speaker 2: Chuck ingram is right, got big plans for the Giants

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Speaker 2: this year, I guess they're gonna do really well with

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Speaker 2: Judge of Politano helping them out. Judge of Polaitano, Welcome

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Speaker 2: back to the fifty five KRSE Morning Show. Every Wednesday.

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Speaker 2: At this time we get the Judge's sage, wisdom and insight.

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Speaker 2: Constitutional purist he may be, and maybe suffering some slings

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Speaker 2: and arrows as a consequence of it, but we're running out.

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Speaker 2: We're we're running out of people who are on our

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Speaker 2: side of the ledger anymore. Judge, you are happy New Year.

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Speaker 3: And also suffering slings and arrows of it. Being a

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Speaker 3: long suffering Giant fan. If I had my drouts, I

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Speaker 3: would to hire Bill Belichick as general manager. And as

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Speaker 3: said coach, I like that, giants.

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Speaker 2: It's nice to have a little misery loves company going

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Speaker 2: on when you're a Bengals fan. So probably, well, you know,

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Speaker 2: we understand where you're coming from, Judge Anna Politano, and

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Speaker 2: finding ourselves in a bit of a minority with the

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Speaker 2: most recent unilateral military action by a president, and this

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Speaker 2: happens with presidents of all political stripes. With this one,

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Speaker 2: of course, we're dealing with Donald Trump goes in middle

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Speaker 2: of night grabs Manuel Noriega, and already we did that before.

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Speaker 2: The predicate may have been Manuel Noriega, among others, Nicholas

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Speaker 2: Madur and his wife for criminal violations. And it seems

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Speaker 2: to me, Judge of Politano, if you're using, for example,

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Speaker 2: Noriega as the predicate or the legal authority, and I

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Speaker 2: know you'll have a word or two to say about that.

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Speaker 2: To grab this guy, the idea that he was indicted

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Speaker 2: by a federal grand jury and facing criminal charges for

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Speaker 2: work that was unrelated to his position as the president

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Speaker 2: of a nation, in other words, make money on the side,

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Speaker 2: engaging in criminal activity. That's not a presidential thing that

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Speaker 2: we can grab him. But I think that is sort

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Speaker 2: of the precondition of the predicate, the sort of the

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Speaker 2: thing that they're hanging their hat on in order to

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Speaker 2: engage in what they're calling this don Roe doctrine, to

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Speaker 2: try to keep the Chinese out of the hemisphere, to

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Speaker 2: try to keep the Russians out of the hemisphere, of course,

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Speaker 2: to get rid of drugs generally speaking, but to bring

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Speaker 2: about some greater pro Western stability here, I think was

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Speaker 2: the goal. But you can't go in and grab somebody

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Speaker 2: just because they disagree with you politically. Oh look, we've

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Speaker 2: got a federal indictment for criminal charges. We can use

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Speaker 2: the Norriega example and go grab him. And I know

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Speaker 2: you disagree with all of that, But here we are.

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Speaker 3: Well, I do disagree with all of it because we

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Speaker 3: have this thing called the Constitution, and we have a

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Speaker 3: treaty that the United States drafted and the Senate ratified

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Speaker 3: and called the un Charter, and both prohibit this. The

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Speaker 3: President does seem to care about the Constitution, which he

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Speaker 3: took an oath to preserve, protect and defend, as we

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Speaker 3: all know, he doesn't seem to care about a treaty

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Speaker 3: with which he may disagree, even though under the lows

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Speaker 3: in the same category as the Constitution. This Constitution and

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Speaker 3: all treaties made pursuant to it, shall be the supreme

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Speaker 3: law of the land. I'm quoting from the Constitution itself.

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Speaker 3: But the President doesn't care and probably will get away

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Speaker 3: with this. The Noriega example was just as unlawful as this,

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Speaker 3: but the courts did not interfere with it. Interesting thing,

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Speaker 3: Noriega argued that all he did was look the other

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Speaker 3: way while the CIA engaged in drug trafficking, because the

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Speaker 3: CIA asked him to look the other way. Well, question

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Speaker 3: who was the director of the CIA and Noriega was

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Speaker 3: engaged in what he says was cooperation with them? George Bush,

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Speaker 3: the same president who invaded Panama to arrest him, George H. W. Bush.

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Speaker 2: It's amazing how that list stars aligned on that. But

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Speaker 2: under legal theories, him looking away is a criminal act.

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Speaker 2: He is part of the broader conspiracy to involve the

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Speaker 2: involved in the drug trade, whether it's the CIA doing

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Speaker 2: the drugs or not. If it was a RICO claim

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Speaker 2: against him, he'd still be indictable and subject to prosecution

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Speaker 2: by because he helped facilitate it by looking the other

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Speaker 2: way and not doing anything.

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Speaker 3: What about the CIA agent no, no, I'm what are

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Speaker 3: they going to be defended?

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Speaker 2: So, which leads me to the ultimate point here. Let's

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Speaker 2: assume everyone agrees with you that right this is extra constitutional.

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Speaker 2: What is the response supposed to be in this insanely

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Speaker 2: politically divided environment. You can't get Congress to pass even

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Speaker 2: a bill if Trump wants it hated. If Trump doesn't

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Speaker 2: want it, then they want it.

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Speaker 3: I don't know what the response is. I think Trump

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Speaker 3: was correct yesterday when he told the Republican caucus that

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Speaker 3: if the Democrats take the House, he'll be impeached. They

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Speaker 3: won't be convicted, It'll be impeached it we'll be going

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Speaker 3: through that nonsense of tying up the government and knots. Again,

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Speaker 3: He's already been impeached twice. There just aren't the votes

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Speaker 3: to convict unless some more comes out. But that's really

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Speaker 3: the only remedy there is at this point. That Congress

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Speaker 3: doesn't have an LBJ. There is no person there who

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Speaker 3: can cobble together agreements that appeal to a majority of

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Speaker 3: Republicans and a majority of Democrats. It's whoever's in charge

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Speaker 3: gets their way. They don't want to go shape with

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Speaker 3: or talk to the minority party. The Democrats will probably

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Speaker 3: take the House in November. Anything could happen. That's nine

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Speaker 3: months away, ten months away. They hope to take the Senate.

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Speaker 3: That's a bit of a stretch, but again, anything could happen,

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Speaker 3: but the government will be steinied. It will accomplish nothing.

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Speaker 3: Maybe that's a good thing if Trump's in the White

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Speaker 3: House and one or both of the Houses of Congress

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Speaker 3: are controlled by the Democrats.

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Speaker 2: So we are left with this sort of I don't

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Speaker 2: want to call it an incentive to ignore the declaration

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Speaker 2: of war responsibility in the Constitution, the control the Congress

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Speaker 2: is supposed to have over these matters, because we run

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Speaker 2: into this brick wall that there won't be any consequences

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Speaker 2: if there is a questionable constitutional action here. So doesn't

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Speaker 2: that sort of facilitate presidents down the road doing the

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Speaker 2: same thing? And a suggestion I meet to you in

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Speaker 2: that email.

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Speaker 1: It's like throwing in.

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Speaker 2: The concepts of legal concepts of waiver and a stop

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Speaker 2: or whatever. Everybody's done it since World War Two. We

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Speaker 2: kind of like political expeeding. We don't have to put

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Speaker 2: ourselves down as voting in favor of something like this,

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Speaker 2: and it gives us an opportunity to scream and yell

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Speaker 2: about what the opposition president is doing, and yet since

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Speaker 2: they don't follow through and do anything, something suggests in

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Speaker 2: the back of my mind that I think they all

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Speaker 2: kind of like this cozy arrangements as well. It's by

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Speaker 2: the fact that the Constitution seems prohibited.

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Speaker 3: I was literally interviewing the late great Congressman Charlie Wrangle

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Speaker 3: of Harlem when President Obama came a national television from

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Speaker 3: Brazil and announced that we were bombing Libya. And I

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Speaker 3: looked at the Congressman Wrangle and I said, did I

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Speaker 3: miss something? Did you guys declare war on Libya? I

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Speaker 3: won't try and imitate his voice yet, I remember him

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Speaker 3: a famous way of speaking, with a very scratchy sounding voice.

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Speaker 3: But he said, well, no, we didn't. We just hope

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Speaker 3: it's a successful outcome, and then it's a win win

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Speaker 3: for us. We didn't declare war, but we'll reap the

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Speaker 3: benefits for more. So we privately hope it's successful, but

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Speaker 3: publicly we'll say the hell are you to do this?

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Speaker 3: Follow the Constitution. The attitude is the same amongst the

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Speaker 3: Republicans today.

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Speaker 1: It is.

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Speaker 2: That's why I think it's going to continue. If there

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Speaker 2: isn't a political ramification or some illegal ramifies, then.

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Speaker 3: We don't have a constitution and we don't really have

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Speaker 3: a democracy. We just have a term limited monarch in

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Speaker 3: the White House. He may not even be term limited

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Speaker 3: in his own mind.

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Speaker 2: Well, and you know, you could move over to different

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Speaker 2: areas of topics. I just had a conversation with a

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Speaker 2: gentleman who wrote a book, Ary Benoit. He's been with

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Speaker 2: the johnsh Burt Society since basically it's founding. But he

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Speaker 2: put it out a COVID nineteen and I brought up

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Speaker 2: the fact that free exercise of religion was eradicated, like

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Speaker 2: to free assembly was eradicated, all in the name of

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Speaker 2: all COVID. So our constitution gets trampled on. You and

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Speaker 2: I have talked many times about their they're trampling all

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Speaker 2: over the Fourth Amendment. There are right to be free

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Speaker 2: of unreasonable searches and seizures. And what's going on with

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Speaker 2: FISA courts, I mean here and there in everywhere.

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Speaker 3: The drug war in the sixties, seventies and eighties and

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Speaker 3: then the overreaction to nine to eleven have obliterated the

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Speaker 3: Fourth Amendment, and the courts have gone along with it.

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Speaker 3: There are very few of my former colleagues in black

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Speaker 3: robes who believe that the Constitution means what it says,

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Speaker 3: very very few. It's hard for me to find one

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Speaker 3: on the Supreme Court of the United States. I might

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Speaker 3: have said that about Justice gors Such a year or

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Speaker 3: so ago, but he seems to have fallen in line

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Speaker 3: with his right wing colleagues, including my college debate partner

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Speaker 3: Sam Alito.

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Speaker 2: What of? And I just I have to bring this

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Speaker 2: up because been the subject of a lot of discussion

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Speaker 2: going back to Venezuela. The Democrats, Joe Biden's wanted to

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Speaker 2: put a twenty five or fifty million dollars bounty on it.

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Speaker 2: Is there something to a bounty? Is that extra constitutional?

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Speaker 2: I mean, and I don't know what that means. If

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Speaker 2: you put a bounty out and someone's being offered millions

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Speaker 2: and millions of dollars to bring me the head of

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Speaker 2: Noryega or Maduro or whoever. It seems to me that

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Speaker 2: that's a suggestion that the American military is going to

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Speaker 2: do it, because who among us can go into a

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Speaker 2: foreign land and actually successfully capture somebody who's under guard.

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Speaker 2: But is there something wrong with that concept, And how

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Speaker 2: can you advocate for putting a bounty on a man's

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Speaker 2: head and then run back the next day and screaming

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Speaker 2: yell about someone actually extra or taking action on that.

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Speaker 3: Yeah, I never looked at the constitutionality of bounties. The

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Speaker 3: American government'smen using bounties since right after the Revolutionary War.

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Speaker 3: But sometimes we put bounties on the heads of people

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Speaker 3: like the president of the current President of Syria, and

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Speaker 3: then we just take the bounty away and embrace him

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Speaker 3: in the oval office. So it's more political than it

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Speaker 3: is legal or financial. Who's going to get the fifty

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Speaker 3: million that the State Department put up? Is it going

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Speaker 3: to be shared amongst the guys that actually grabbed him

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Speaker 3: in his bedroom?

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Speaker 2: Or maybe the intel that came from within the administration

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Speaker 2: that no longer exists. There probably that person or persons

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Speaker 2: that gave the intel to our American military.

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Speaker 3: Well, the likely culprit is still a general and still

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Speaker 3: subject to the new president, Maduro's chosen vice president. It's

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Speaker 3: very interesting that unlike the Bush Cheney administration, which when

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Speaker 3: they took over Iraq through the whole government out, the

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Speaker 3: Trump people have decided, let's work with the people that

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Speaker 3: are in place. We can't fill the potholes, we can't

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Speaker 3: deliver the mail, we can't collect the garbage. Oh, we

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Speaker 3: can't even do that in our own country. How are

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Speaker 3: we going to do it in Venezuela.

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Speaker 2: Well, and I think the threat of the same thing

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Speaker 2: happening to those current leaders may force them or cause

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Speaker 2: them to be more inclined to work with Trump to

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Speaker 2: achieve the goals that Trump's looking for, like bringing out

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Speaker 2: fifty million barrels of oil.

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Speaker 3: So that's just theft, that's just a schoolyard bully saying

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Speaker 3: give me your lunch money or I'll beat your face in.

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Speaker 2: Yeah, they can say no. Though it's complicated, isn't it. Hey?

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Speaker 3: Should we need more bullies in the world to oh,

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Speaker 3: a neutralized one in the White House?

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Speaker 2: Should I mention even the word greenland?

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Speaker 3: Oh? God, let's not go there anyway, you.

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Speaker 2: Know, going back to Seward's folly, the idea of buying greenland,

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Speaker 2: that's been done before. So if you write them at

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Speaker 2: check and they accept that, and that can be an

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Speaker 2: arms length negotiation, that's one thing. But this talk of

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Speaker 2: military intervention to take it over, I don't know what

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Speaker 2: planet that comes from Judge of Poltone. I kind of

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Speaker 2: feel you feel the same way on that one.

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Speaker 3: I do feel the same way. It comes from the

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Speaker 3: President's brand. I mean, the sale of it requires a

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Speaker 3: willing seller as well as a willing fire. In this case,

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Speaker 3: the willing buyer would have to be the Congress of

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Speaker 3: the United States, right, can't be Trump and his billionaire friends,

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Speaker 3: So I don't I don't know how this could possibly happen.

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Speaker 3: I can't imagine the Senate going along with us exactly.

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Speaker 2: So conceptually it's possible, but reality has to step in

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Speaker 2: and say no, it's not possible. Judge Editapolitano, always an

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Speaker 2: outstanding discussion with you. I appreciate your willingness to come

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Speaker 2: on the morning show, and I hope we continue to

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Speaker 2: do this throughout this calendar year.

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Speaker 3: Sir, I hope the same, and I'm deeply grateful for

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Speaker 3: all our time together, my dear friend.

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Speaker 2: Thank you in a wonderful bunch of years.

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Speaker 3: Man happy hell Ingram, tell Ingram and Streker that I.

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Speaker 2: Love them you already did. Thank you, Judge. We'll talk

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Speaker 2: next Wednesday. Safe week and health for you fit eight

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Speaker 2: forty two right now, if you five cares the talk

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Speaker 2: stations got a little time to talk. The phone lines

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Speaker 2: are open. Feel fear to respond. I'd love to hear

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Speaker 2: from you. Five one, three, seven, four nine, fifty five

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Speaker 2: eight two to three Talk fifth John at and T phones,

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Speaker 2: be right back, fifty.

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Speaker 3: Five KRC dot com.

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Speaker 2: The New Year means new resolutions, not just for