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Speaker 1: The program provides specialized care for female appletes at all levels.

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Speaker 1: Got join appointment online and you see health dot com.

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Speaker 1: Cruise are working with an accident South Bend seventy one

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Speaker 1: below Field Turtle.

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Speaker 2: They're over on the shoulder. I'm seeing no delay to

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Speaker 2: get five.

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Speaker 1: In fact, the last of the slow traffic on southbound

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Speaker 1: seventy one is coming out of Kenwood down the hill

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Speaker 1: to Red Bank. South Bend seventy five slows in and

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Speaker 1: out of Lackland. Heavier traffic eastbound two seventy five between

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Speaker 1: Dixie and Madison Pike thanks to a work crew. Peanuts check,

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Speaker 1: cracker jacks check, foam finger check, novelty helmet filled with

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Speaker 1: self serf check. Our next guest is ready for our

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Speaker 1: opening night for the Yankees tonight and then of course

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Speaker 1: the Reds tomorrow. I'd go with the ice cream first,

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Speaker 1: the judges next, Chuck Ingram on fifty five krs Deep

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Speaker 1: Talk Station.

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Speaker 2: Eight thirty three fifty five KRSIT Talk station. Wait a minute,

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Speaker 2: I thought we were supposed to have the first open

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Speaker 2: today a league baseball. That's tomorrow. Welcome back to the

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Speaker 2: morning Show, Judge, Enita Poltano, Yankees fan. You are It's

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Speaker 2: good to have you on today. Open it.

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Speaker 3: Do you know this is this is really history making.

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Speaker 3: Hasn't Cincinnati opened the season every year since as far

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Speaker 3: back as I can remember?

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Speaker 2: I do believe that is the case. No one is

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Speaker 2: ever going to rely on Brian Thomas for baseball history

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Speaker 2: or statistics, but yes, I do believe that is the case.

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Speaker 2: That's why I was. I was shocked to hear him

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Speaker 2: say that Yankees opening days this evening right they.

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Speaker 3: Opened tonight in I don't know what they call it

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Speaker 3: Candlestick Park anymore, but wherever the San Francisco Giants play,

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Speaker 3: so it's it's a National League team and it's on

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Speaker 3: the West Coast.

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Speaker 2: I am certain that there is some corporate sponsor. Is

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Speaker 2: no Candlestick. The name Candlestick doesn't generate revenue for a stadium,

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Speaker 2: so it's probably naming right now.

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Speaker 4: I think it's named after a bank.

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Speaker 2: I'm not sure that would shock no one. Hey, look,

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Speaker 2: pay Course stadium right out there at Cincinnati. Anyway, Judge,

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Speaker 2: Enita Polton, real quick here, and we don't have to

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Speaker 2: spend a whole lot of time. I'm on it. If

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Speaker 2: I'm catching you off guard, but I know you always

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Speaker 2: pay attention to what's going with the Supreme Court. They

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Speaker 2: had oral arguments yesterday on the asylum seekers claims that

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Speaker 2: if you just show up at the border, then you

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Speaker 2: need to be offered an asylum claim, and it looked

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Speaker 2: like at least Judge Alito was pushing back on that.

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Speaker 2: He said, well, do you think someone who comes in

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Speaker 2: the front to the front door of a house and

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Speaker 2: knocks at the door has arrived in the house. Because

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Speaker 2: the law at issue says an illegal or an alien

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Speaker 2: who is physically present in the United States or who

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Speaker 2: arrives in the United States may apply for asylum. That

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Speaker 2: sounds to me straightforward. No, if you're outside of the border,

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Speaker 2: you're not in the United States. Your reaction just to

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Speaker 2: my general sort of perception of things.

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Speaker 4: I think just this leader was right.

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Speaker 3: I mean, the job of the court is to interpret

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Speaker 3: the statute and take the plane meaning of the statute.

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Speaker 3: The Court didn't right the statute. Congress did. If Congress

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Speaker 3: wanted asylum applicants to make their applications at the border

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Speaker 3: on the non American side of the border, they would

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Speaker 3: have said so. The problem is that for fifty years,

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Speaker 3: presidential administrations of both parties have allowed them to set

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Speaker 3: foot in the United States so they.

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Speaker 4: Can make the application.

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Speaker 3: The first presidential administration to enforce this law literally is

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Speaker 3: the current one, and that is apparently finding support in

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Speaker 3: the Supreme Court. I would where I on the Court

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Speaker 3: have voted consistent with the thoughts expressed by Justice Alito.

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Speaker 2: Fair enough, all right, the record's been corrected, your honor.

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Speaker 2: I trust David his word instant message. Reds have not

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Speaker 2: opened the season in many years, so apparently that has

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Speaker 2: gone by the way the dodo.

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Speaker 4: So yeah, right, all right, away from that, I do

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Speaker 4: I do stand corrected.

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Speaker 3: I do think whoever that is the totals I gather

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Speaker 3: whoever that is is a Yankee hater.

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Speaker 4: And a Reds fan.

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Speaker 2: I don't think you can reach the former conclusion. But

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Speaker 2: I assure you he's a Reds fan pivoting over I don't.

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Speaker 4: Don't the two go together.

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Speaker 2: Yeah, of course they do. I think we can. We

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Speaker 2: can assume that if we want to assume something, or

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Speaker 2: presume it if it sounds better. War and morality. I

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Speaker 2: thought this was an interesting breakdown, and I really appreciate

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Speaker 2: the thought you put into your column, which my listeners

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Speaker 2: can get tonight. I'm lucky to get an early copy

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Speaker 2: the idea. You break down the start, of course, with history,

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Speaker 2: but you get into the concept and we're dealing with

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Speaker 2: the war in Iran, our waging war against iron morality

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Speaker 2: on one side and law legality on the other. Break

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Speaker 2: down these concepts so immoral, and of course you suggest

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Speaker 2: it is immoral. Morality conforms to a universal set of

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Speaker 2: principles designed to reduce good over evil and justice over

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Speaker 2: in justin you break that down. I guess my question

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Speaker 2: is because you're you spring from the proposition this is

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Speaker 2: immoral by all measures. But if someone is subjectively viewing morality,

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Speaker 2: because morality can't subjective, I'm spring from a different moral

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Speaker 2: cust of course.

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Speaker 4: It can be subjective.

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Speaker 3: The people who disagree with this column would say, you know,

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Speaker 3: it's better that five Iranians die now than hundreds of

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Speaker 3: Americans die later, and that is a moral judgment.

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Speaker 4: So it's basically, you know, the great philosopher he.

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Speaker 3: Was at Notre Dame one teaching undergrads and graduate students

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Speaker 3: when I was a law student. He's no longer with us.

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Speaker 3: Alistair McIntyre has a great book called Whose Morality? And

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Speaker 3: that's basically what this this column evokes. I argue, for

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Speaker 3: a traditional, even Catholic, if you will, natural law morality,

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Speaker 3: that you need a lot more evidence before you can

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Speaker 3: kill somebody who's not engaged in violence. And I argue

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Speaker 3: that the administration has not produced that evidence.

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Speaker 4: That's strike number one.

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Speaker 3: Strike number two is the American public has not consented

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Speaker 3: in any way to allow the President to start a war.

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Speaker 3: They have consented to the Congress to start a war,

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Speaker 3: and that's not what happened here. So for both of

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Speaker 3: those reasons, I argue the war is immoral just by

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Speaker 3: general standards of violating the people's absence.

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Speaker 2: Of consent right now. And you point out when we

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Speaker 2: transgress the natural rights of others, And I appreciate the

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Speaker 2: concept because you and I both agree that people have

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Speaker 2: inherent natural rights. Now they may have had those rights

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Speaker 2: taken away from them by an evil, oppressive government that

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Speaker 2: they find themselves under release. Our founding fathers recognize these

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Speaker 2: principles and enshrine them to some degree in the Bill

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Speaker 2: of Rights. So we buy it's the old idea that

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Speaker 2: in a state of nature, I can literally do whatever

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Speaker 2: I want, but when I have to live next to someone,

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Speaker 2: I can't interfere with their natural rights. That's the intrusion.

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Speaker 2: That's the wayman. I can't tell you how to live

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Speaker 2: your life. You can't tell me how to live my life.

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Speaker 2: And as long as we can play together nicely, not

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Speaker 2: bother each other, we can live together. We are intruding

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Speaker 2: on what you would perceive as the natural rights of

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Speaker 2: the Iranians by bombing them, because they well, they represent

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Speaker 2: some sort of you know, maybe existential threat theoretically. But

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Speaker 2: that's the argument that's been put forward, right.

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Speaker 4: Right, right exactly. You know.

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Speaker 3: I I sometimes feel like I'm a broken record. But

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Speaker 3: I thought instead of emphasizing the constitutional issue, I would

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Speaker 3: approach it from the Jeffersonian viewpoint of the consent of

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Speaker 3: the governed. That's why it's a very interesting phrase that

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Speaker 3: Jefferson used. He said that the government.

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Speaker 4: Derives it's just powers capital jay and just from the

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Speaker 4: consent of the governed. It has other powers.

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Speaker 3: That it exercises that it doesn't get from the consent

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Speaker 3: of the government, and because they don't come from the

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Speaker 3: consent of the government, they are unjust and the governed

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Speaker 3: American public has only consented to Congress declaring war.

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Speaker 4: So that's what I attempted to argue.

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Speaker 2: An inn of the show well, and I thought it

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Speaker 2: came through very clearly. There's morality on one side, and

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Speaker 2: then there's legality, and the Constitution I think embraced that

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Speaker 2: concept of the people must participate. Congress decides whether or

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Speaker 2: not we go to war. Congress is a representative form

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Speaker 2: of government speaking for us. So the argument is that

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Speaker 2: our representatives have consulted with constituents and they come out

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Speaker 2: in either favor of or against it, because it's the

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Speaker 2: will of the people, which provides some legal justification. Some

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Speaker 2: many including you, are arguing that there is no constitutional

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Speaker 2: lawful engagement warp this particular time, aside from the morality

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Speaker 2: of it. And I understand that. And you made another

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Speaker 2: great point, he said, the ridding the Iran government of

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Speaker 2: nuclear weapons can be considered a moral goal as and

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Speaker 2: this is it mere possession and non use of these

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Speaker 2: weapons is not immoral. Isn't that the found the very

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Speaker 2: foundation of mutually assured destruction? Isn't this why so many

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Speaker 2: nations want to acquire a nuclear weapon. We're not going

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Speaker 2: after the Chinese Communist Party, even though they represent a

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Speaker 2: broader existential threat to us, because they're fully armed with

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Speaker 2: nuclear weapons. Same thing with Russia, same thing with the

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Speaker 2: nut job in North Korea.

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Speaker 3: Nobody's gonna lag love on him because he's got a

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Speaker 3: nuclear weapon. If not suggesting that I want Iran to

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Speaker 3: have a clear weapon, not at all. But if Iran

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Speaker 3: had a weapon, do you think the United States and

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Speaker 3: Israel but would be waging this war?

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Speaker 4: Of course not.

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Speaker 3: The other argument is if if possession but non use

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Speaker 3: of the weapon is immoral and justifies an invasion, well

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Speaker 3: then the invaders can be invaded because Israel and the

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Speaker 3: US have nuclear weapons.

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Speaker 4: Israel hasn't used theirs. The United States has used hours.

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Speaker 2: Yeah, and that's what I like people to really focus on.

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Speaker 2: You know, it's there is nothing cut and dried in

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Speaker 2: this world. And I do not want the Iranians get

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Speaker 2: a nuclear weapon. And the argument is to keep them

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Speaker 2: from doing it. It's one of those they're just batcrap

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Speaker 2: crazy to use it offensively. They might drop a bomb

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Speaker 2: on anybody. They certainly hate Israel and say it out

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Speaker 2: loud all the time. They want to eradicate them from

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Speaker 2: the face of the earth, So clearly they will be

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Speaker 2: the initial target. But would the Iranians use it knowing

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Speaker 2: full well that maybe Israel's nuclear weapons will be dropped

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Speaker 2: on Iran.

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Speaker 3: That that's why this mutual assured destruction has thus far

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Speaker 3: prevented everybody except Harry Truman. Of course, the Soviets didn't

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Speaker 3: happen time from using a nuclear weapon.

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Speaker 2: It predated mutually assured destruction our use of them.

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Speaker 4: Correct.

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Speaker 2: It's great thought exercise and I'd love being knowing to

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Speaker 2: go through this with the Yaron. I feel like I'm

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Speaker 2: back in law school, man, I really do.

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Speaker 4: That's the highest compliment you can pay me. Thank you, Brian.

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Speaker 2: It's always enjoyable and a great exchange. Judge Enital Pulton

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Speaker 2: will do it next week. I have hope hey enjoy

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Speaker 2: the game. I wish the Yankees good luck.

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Speaker 3: Oh well, I'll be asleep by the time that game starts,

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Speaker 3: but we'll jump to my mobile phone as soon as

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Speaker 3: I get up at four thirty in the morning to

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Speaker 3: see what the score was.

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Speaker 2: You lucky so and so. I have to get up

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Speaker 2: at two thirty. Always catching up on events late in

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Speaker 2: the day in the morning. Judgentital Palalton, Real quick judging

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Speaker 2: Freedom your podcast? Who's Today?

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Speaker 3: I have the British diplomat Ian proud on why Sir

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Speaker 3: Caure Starmer told President Trump to take a hike. Yesterday

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Speaker 3: the Great Phil Giraldi, the CIA agent who told George

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Speaker 3: Bush Saddam Hussein has no weapons of mass destruction, and

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Speaker 3: tomorrow the Great General Douglas McGregor.

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Speaker 2: Thank you for asking, Brian Judge enital Poulton. We'll look

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Speaker 2: for Judging Freedom online where we get our podcasts, and

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Speaker 2: we'll tune in next Wednesday for appointment listening at A

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Speaker 2: thirty with the Judge. Have a great week serve between

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Speaker 2: now and then. It's eight forty four right now about

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Speaker 2: KRCD Talk station