1 00:00:00,080 --> 00:00:03,280 Speaker 1: Bowl is over. Go to our next guest blog for 2 00:00:03,440 --> 00:00:08,280 Speaker 1: political commentary predictions for all thirty two Major League Baseball 3 00:00:08,360 --> 00:00:13,760 Speaker 1: teams and his mock NFL draft. Bengals are going to 4 00:00:13,800 --> 00:00:17,560 Speaker 1: take a safety. You've heard it here first, the judgees next, 5 00:00:17,920 --> 00:00:21,040 Speaker 1: Chuck Ingram, I'm fifty five KRC, the Ain't Talk station. 6 00:00:23,040 --> 00:00:25,720 Speaker 2: Six p thirty one, fifty five KRS detalk station. Of course, 7 00:00:25,720 --> 00:00:29,080 Speaker 2: he's referring to Judge entered Apoloitano. Every morning Wednesday at 8 00:00:29,080 --> 00:00:31,480 Speaker 2: eight thirty we get to hear from the judge and 9 00:00:31,560 --> 00:00:34,879 Speaker 2: a constitutional protector. He is welcome back, you're honor. It's 10 00:00:34,880 --> 00:00:36,159 Speaker 2: always a pleasure to have you on the fifty five 11 00:00:36,200 --> 00:00:39,160 Speaker 2: KRS morning show. He's tapping, he's he can't hear us. Joe, 12 00:00:43,159 --> 00:00:46,120 Speaker 2: all right, he's gonna have to call, Oh, hell's bells. 13 00:00:46,159 --> 00:00:49,680 Speaker 2: How is it? That's always ends up happening. So Judge 14 00:00:49,760 --> 00:00:51,520 Speaker 2: or Joe, you want to get him on the phone, 15 00:00:51,560 --> 00:00:53,680 Speaker 2: please as soon as possible, and we'll see if we 16 00:00:53,720 --> 00:00:56,600 Speaker 2: can't work this out. It's always troubling when this happens. 17 00:00:56,800 --> 00:00:58,720 Speaker 2: I definitely was going to ask him about the terrorf situation, 18 00:00:58,720 --> 00:01:00,800 Speaker 2: because of course that's a constitution. Unless you as framed 19 00:01:00,800 --> 00:01:03,840 Speaker 2: by Congressman Massy. But we also have this whole idea 20 00:01:04,000 --> 00:01:08,800 Speaker 2: of administrative warrants versus judicial warrants, and he's talked about 21 00:01:08,800 --> 00:01:11,800 Speaker 2: that before in connection with the demands that the Democrats 22 00:01:11,840 --> 00:01:15,839 Speaker 2: are seeking to get the government reopened. They want judicial 23 00:01:15,880 --> 00:01:19,560 Speaker 2: warrants only, and the judges comment about that many times before. 24 00:01:19,640 --> 00:01:21,039 Speaker 2: So we're gonna hear a little bit about that in 25 00:01:21,120 --> 00:01:25,120 Speaker 2: context of his column tonight, the Coming Constitutional Ice Age. 26 00:01:25,200 --> 00:01:26,760 Speaker 2: Judge endedapoltanic. Can you hear me? 27 00:01:26,840 --> 00:01:29,759 Speaker 3: Now? Yeah, they hear you, and that Brian and I 28 00:01:29,880 --> 00:01:33,040 Speaker 3: see you. I see you through the wizardry of the 29 00:01:33,040 --> 00:01:35,560 Speaker 3: digital system, but I hear you through an old fashion. 30 00:01:35,680 --> 00:01:38,440 Speaker 2: So well, the crazy, it is crazy. I don't know 31 00:01:38,480 --> 00:01:40,880 Speaker 2: how we always stumble into these problems, but we'll blame 32 00:01:40,920 --> 00:01:44,640 Speaker 2: the gremlins and my conspiracy theory. Audience are probably suggesting 33 00:01:44,680 --> 00:01:49,040 Speaker 2: maybe some left wingers out there, or people who don't 34 00:01:49,120 --> 00:01:51,280 Speaker 2: like Congressman Thomas Massey or you and your positions on 35 00:01:51,320 --> 00:01:54,919 Speaker 2: the Constitution are sabotaging the segment. Anyway, your column tonight 36 00:01:55,000 --> 00:01:58,960 Speaker 2: comes out at midnight, the Coming Constitutional Ice Age Congress 37 00:01:58,960 --> 00:02:00,560 Speaker 2: A Massy kind of stumble little on this in the 38 00:02:00,560 --> 00:02:02,400 Speaker 2: context of a question. I asked him about his vote 39 00:02:02,400 --> 00:02:05,680 Speaker 2: on tariffs, and he said, well, the Constitution's very clear 40 00:02:05,800 --> 00:02:08,200 Speaker 2: tariffs are the power of Congress, not for the president. 41 00:02:08,200 --> 00:02:12,120 Speaker 2: You to latterly wage, and he is not in favor 42 00:02:12,120 --> 00:02:14,640 Speaker 2: of Donald Trump's tariffs. Have you and I talked about 43 00:02:14,639 --> 00:02:16,920 Speaker 2: this before. I don't recall that this subject matter has 44 00:02:16,960 --> 00:02:18,880 Speaker 2: come up, and I apologize if it has your honor, 45 00:02:18,880 --> 00:02:21,600 Speaker 2: but your position relative to the tariffs, which the Supreme 46 00:02:21,639 --> 00:02:23,600 Speaker 2: Court's got a case in front of it right now, 47 00:02:24,639 --> 00:02:25,280 Speaker 2: I wish. 48 00:02:25,080 --> 00:02:29,960 Speaker 3: The Supreme Court would rule. We keep hearing rumors that 49 00:02:30,919 --> 00:02:34,560 Speaker 3: there are colossal battles going on in the Supreme Court 50 00:02:34,680 --> 00:02:39,360 Speaker 3: over this. Congressman Massey is one hundred percent correct. A 51 00:02:39,480 --> 00:02:42,760 Speaker 3: tariff is a tax. It's a sales tax and co 52 00:02:42,919 --> 00:02:46,880 Speaker 3: only Congress can impose taxes. It's the very first authority 53 00:02:47,040 --> 00:02:50,840 Speaker 3: given to the Congress in the Constitution. The president can't 54 00:02:50,840 --> 00:02:54,880 Speaker 3: impose them on his own. Presidents have imposed tariffs, but 55 00:02:54,960 --> 00:02:58,760 Speaker 3: only when Congress has expressly authorized them to do so. 56 00:02:58,840 --> 00:03:03,560 Speaker 3: Congress has never authors President Trump to impose tariff. In fact, 57 00:03:03,560 --> 00:03:07,280 Speaker 3: the statute on which he realies doesn't even mention tariffs. 58 00:03:07,720 --> 00:03:11,040 Speaker 3: The President's argument is that tariffs are an instrument of 59 00:03:11,120 --> 00:03:16,600 Speaker 3: foreign policy, and foreign policy is exclusively an executive function. 60 00:03:17,240 --> 00:03:21,600 Speaker 3: But the sounder argument is the Congressman Massy argument, the 61 00:03:21,639 --> 00:03:24,440 Speaker 3: one that was held up by the Trout Court and 62 00:03:24,520 --> 00:03:27,360 Speaker 3: the Appellate Court, and the one that I think of 63 00:03:27,400 --> 00:03:30,320 Speaker 3: the Supreme Court will hold up as well. But as 64 00:03:30,320 --> 00:03:33,160 Speaker 3: I said, we're still waiting for a ruling to come down. 65 00:03:33,760 --> 00:03:36,520 Speaker 2: Well, I guess the way I see it, having worked 66 00:03:36,560 --> 00:03:39,040 Speaker 2: with at least Trump and his actions on tariffs, he 67 00:03:39,160 --> 00:03:41,680 Speaker 2: imposes our love he's of tariff, or threatens one and 68 00:03:41,880 --> 00:03:46,480 Speaker 2: uses that threat as a vehicle to negotiate some foreign 69 00:03:46,480 --> 00:03:49,800 Speaker 2: policy agreement with a foreign nation. So it became the 70 00:03:50,640 --> 00:03:53,600 Speaker 2: motivating factor for some foreign land to engage in a 71 00:03:53,640 --> 00:03:56,400 Speaker 2: foreign policy discussion. But you're saying that that's like an 72 00:03:56,440 --> 00:03:58,680 Speaker 2: original sin. You can't do it in the first place. 73 00:03:58,680 --> 00:04:00,680 Speaker 2: Therefore it doesn't act as a event threat to the 74 00:04:00,720 --> 00:04:01,400 Speaker 2: foreign country. 75 00:04:02,320 --> 00:04:04,880 Speaker 3: Yes, yes, nicely put. And of course he's also done 76 00:04:04,880 --> 00:04:13,400 Speaker 3: it for very petty and personal reasons. When the governor 77 00:04:13,480 --> 00:04:16,000 Speaker 3: general or prime minister I'm not sure what his title 78 00:04:16,120 --> 00:04:21,560 Speaker 3: is of Quebec ran a television ad of Ronald Reagan 79 00:04:22,320 --> 00:04:28,360 Speaker 3: lasting tariffs. Trump got so angry that he raised tariffs 80 00:04:28,440 --> 00:04:35,440 Speaker 3: on Canada. I mean, this type of presidential mercurial personal 81 00:04:35,960 --> 00:04:39,640 Speaker 3: behavior with respect to the taxes that people paid. These 82 00:04:39,680 --> 00:04:44,400 Speaker 3: taxes are paid by Americans was never contemplated or authorized 83 00:04:44,440 --> 00:04:49,400 Speaker 3: anywhere in the Constitution or in Supreme Court jurisprudence. This 84 00:04:49,480 --> 00:04:52,200 Speaker 3: isn't even a close call in my view, nor was 85 00:04:52,279 --> 00:04:55,000 Speaker 3: it a close call at the trial court. Troldcourt in 86 00:04:55,040 --> 00:04:57,160 Speaker 3: this case is not a jury. It's a panel of 87 00:04:57,200 --> 00:05:02,040 Speaker 3: three judges. Then there's the appellate panel. The trout Court 88 00:05:02,160 --> 00:05:05,599 Speaker 3: was unanimous against it. The appellate panel was seven to 89 00:05:05,680 --> 00:05:09,160 Speaker 3: four against it. Now it's been before the Supreme Court 90 00:05:09,200 --> 00:05:12,360 Speaker 3: since September. Here we are in February and we don't 91 00:05:12,360 --> 00:05:13,560 Speaker 3: have a ruling yet. 92 00:05:13,760 --> 00:05:17,160 Speaker 2: Fair enough, pivoting over to constitutional issue number two, declarations 93 00:05:17,160 --> 00:05:20,120 Speaker 2: of war, we seem to be all ready to I mean, 94 00:05:20,160 --> 00:05:23,680 Speaker 2: we've amassed a massive force to deal with Iran. Obviously, 95 00:05:23,680 --> 00:05:26,040 Speaker 2: Donald Trump is endeavoring to get some concessions from Iran 96 00:05:26,080 --> 00:05:28,320 Speaker 2: regard to their missile plans that they don't want to. 97 00:05:28,320 --> 00:05:30,920 Speaker 2: They say they won't concede an inch on missiles. So 98 00:05:31,000 --> 00:05:32,760 Speaker 2: we seem to be the stalemate with Iran. But the 99 00:05:33,160 --> 00:05:36,200 Speaker 2: implicit threat behind all this is the massive armada of 100 00:05:36,320 --> 00:05:39,160 Speaker 2: US military hard where that's floating around very close, and 101 00:05:39,240 --> 00:05:42,920 Speaker 2: the veiled threat that Donald Trump's gonna unleash what seems 102 00:05:42,920 --> 00:05:45,479 Speaker 2: to me to be an actual outright declaration of war 103 00:05:45,600 --> 00:05:49,960 Speaker 2: talking about regime change, unlike perhaps a contrast some may 104 00:05:50,040 --> 00:05:53,719 Speaker 2: make like a single military strike on nuclear facilities to 105 00:05:53,920 --> 00:05:56,520 Speaker 2: maybe rid the world of an impending nuclear threat. But 106 00:05:56,600 --> 00:05:59,800 Speaker 2: this is sounds to me like literally all out war, 107 00:06:00,040 --> 00:06:02,120 Speaker 2: which I would argue, and I think you may feel 108 00:06:02,160 --> 00:06:04,640 Speaker 2: the same way. We'll find out that Congress needs to 109 00:06:04,640 --> 00:06:05,200 Speaker 2: be involved. 110 00:06:06,920 --> 00:06:11,680 Speaker 3: Could not be clearer. The president wages the wars that 111 00:06:11,839 --> 00:06:17,039 Speaker 3: Congress declares he can't invade another country in tending to 112 00:06:17,080 --> 00:06:21,520 Speaker 3: bring about regime change, to change the government effectively. That's 113 00:06:21,560 --> 00:06:24,520 Speaker 3: why we fought the Nazis, not to kill the German people, 114 00:06:24,560 --> 00:06:27,520 Speaker 3: but to change the government. You can't do these things 115 00:06:28,279 --> 00:06:31,600 Speaker 3: under the Constitution without a declaration of war from Congress. 116 00:06:31,600 --> 00:06:34,920 Speaker 3: He couldn't care less. Look as we speak, he may 117 00:06:34,960 --> 00:06:39,800 Speaker 3: be getting ready to bomb Mexico. Now I'm not exaggerating. 118 00:06:39,880 --> 00:06:44,760 Speaker 3: The FAA just ordered all aircraft away from the El 119 00:06:44,880 --> 00:06:48,520 Speaker 3: Paso region because of an impending emergency. Now, what the 120 00:06:48,560 --> 00:06:51,520 Speaker 3: heck could that be? Other than maybe drum strikes on 121 00:06:51,760 --> 00:06:58,120 Speaker 3: cartels in Mexico. That's called an invasion. It Congress authorized that, 122 00:06:58,320 --> 00:06:58,920 Speaker 3: of course not. 123 00:07:00,920 --> 00:07:03,719 Speaker 2: And constitutional issue number three in the subject matter of 124 00:07:03,720 --> 00:07:06,640 Speaker 2: your column, the coming constitutional ice age back to the 125 00:07:06,680 --> 00:07:10,320 Speaker 2: concept of administrative warrants versus judicial warrants. You're on record 126 00:07:10,320 --> 00:07:14,559 Speaker 2: previously judicial warrants are obligated under these circumstances. Administrative warrants 127 00:07:14,600 --> 00:07:17,240 Speaker 2: are a sort of whole cloth creation, the idea that 128 00:07:17,280 --> 00:07:21,559 Speaker 2: a federal agent can authorize the entry into someone's about 129 00:07:21,680 --> 00:07:25,440 Speaker 2: or building absent a judicial review with probable causes required 130 00:07:25,440 --> 00:07:28,240 Speaker 2: by the Constitution. Something in your article, though I wanted 131 00:07:28,280 --> 00:07:30,320 Speaker 2: you explain to my listeners because I know they're going 132 00:07:30,400 --> 00:07:34,240 Speaker 2: to read it. You start a paragraph, it's eight or nine. 133 00:07:34,400 --> 00:07:38,920 Speaker 2: Entering the United States illegally is a federal crime. Next paragraph, 134 00:07:39,000 --> 00:07:41,640 Speaker 2: Entering the US illegally and remaining here beyond the time 135 00:07:41,680 --> 00:07:44,800 Speaker 2: limits imposed at the time of entry is not a crime. 136 00:07:44,880 --> 00:07:48,000 Speaker 2: Can you explain the distinction between those two if you 137 00:07:48,040 --> 00:07:48,760 Speaker 2: don't mind, sir. 138 00:07:50,760 --> 00:07:57,680 Speaker 3: Well, Congress has not characterized overstaying your permit as a crime. 139 00:07:57,760 --> 00:08:02,800 Speaker 3: That's a civil wrong. Therefore, no judge would sign an 140 00:08:02,880 --> 00:08:06,040 Speaker 3: arrest warrant for anybody, which is why they've created this 141 00:08:06,160 --> 00:08:10,120 Speaker 3: administrative warrant nonsense, so that they can arrest these people. 142 00:08:10,520 --> 00:08:15,480 Speaker 3: So somebody comes here on a student visa, they finish graduating, 143 00:08:15,600 --> 00:08:19,160 Speaker 3: they don't return the visa is expired. They get married, 144 00:08:19,200 --> 00:08:23,080 Speaker 3: they have children, they have a job, they have grandchildren, 145 00:08:23,080 --> 00:08:25,880 Speaker 3: they've been here for thirty years, they pay taxes, they 146 00:08:25,880 --> 00:08:28,400 Speaker 3: have a Social Security number, They don't vote, and not 147 00:08:28,440 --> 00:08:32,800 Speaker 3: an American citizen. Their spouse is, their children, are their 148 00:08:32,840 --> 00:08:37,920 Speaker 3: grandchildren are? Can they be arrested? No, but I will 149 00:08:38,040 --> 00:08:40,760 Speaker 3: arrest them anyway. They can't be arrested because no judge 150 00:08:40,800 --> 00:08:43,840 Speaker 3: would sign an arrest warrant because that is not a crime. 151 00:08:44,559 --> 00:08:49,880 Speaker 3: The crime is the illegal entry. They entered legally. Overstaying 152 00:08:50,600 --> 00:08:54,679 Speaker 3: your legal entry is a civil wrong, like failing to 153 00:08:54,720 --> 00:08:58,720 Speaker 3: shovel your sidewalk or paying your taxes too late. These 154 00:08:58,720 --> 00:09:02,520 Speaker 3: things are wrong, but they're not criminal. Therefore they can't 155 00:09:02,559 --> 00:09:06,520 Speaker 3: be the basis for an arrest. Therefore, ICE has made 156 00:09:06,559 --> 00:09:09,760 Speaker 3: up its own rules so that it can arrest these people. 157 00:09:10,080 --> 00:09:13,560 Speaker 3: It's rules in utter contravention of the clear language of 158 00:09:13,559 --> 00:09:19,280 Speaker 3: the Constitution. Until yesterday, actually until Friday, this was all 159 00:09:19,320 --> 00:09:23,720 Speaker 3: ICE nonsense. On Friday at United States Court of Appeals 160 00:09:24,080 --> 00:09:28,880 Speaker 3: ratified it. That's two judges sitting on the fifteen judge 161 00:09:29,400 --> 00:09:32,240 Speaker 3: Court of Appeals for the Fifth Circuit. I would imagine. 162 00:09:32,320 --> 00:09:34,000 Speaker 3: I know that this will be appealed. I don't know 163 00:09:34,040 --> 00:09:35,120 Speaker 3: what the Supreme Court. 164 00:09:34,920 --> 00:09:37,959 Speaker 2: Will do with it, probably an on bank review first 165 00:09:37,960 --> 00:09:39,439 Speaker 2: before it goes up to the Supreme Court. 166 00:09:40,600 --> 00:09:44,120 Speaker 3: Will this is the most conservative court in the Union, 167 00:09:45,040 --> 00:09:49,760 Speaker 3: But I mean one of these, some of these the 168 00:09:49,880 --> 00:09:55,360 Speaker 3: conservative judges have a libertarian or a constitutionalist strain in them, 169 00:09:55,440 --> 00:09:57,760 Speaker 3: even though they've been appointed by Donald Trump and I've 170 00:09:57,760 --> 00:10:01,360 Speaker 3: not gone along with this nonsense. To the extent that 171 00:10:01,440 --> 00:10:04,800 Speaker 3: this will tee up the concept of administrative larrance for 172 00:10:04,920 --> 00:10:08,600 Speaker 3: the Supreme Court finally to rule on That's a good thing. 173 00:10:08,960 --> 00:10:11,840 Speaker 3: But to the extent they might be ratified, it would 174 00:10:12,000 --> 00:10:14,400 Speaker 3: utterly fly in the face of the Fourth Amendment. 175 00:10:15,240 --> 00:10:18,000 Speaker 2: Excuse me. Judging of Paulton. Will always appreciate your stage 176 00:10:18,040 --> 00:10:22,240 Speaker 2: wisdom and well your commitment to the Constitution the United 177 00:10:22,280 --> 00:10:25,320 Speaker 2: States of America. Who's on the program today? Judging Freedom? 178 00:10:25,400 --> 00:10:27,839 Speaker 2: Judging of Poulton is podcast which I'll encourage my listeners 179 00:10:27,880 --> 00:10:28,720 Speaker 2: to check out as well. 180 00:10:29,720 --> 00:10:33,520 Speaker 3: I have two of my superstars Scott Ritter and Professor 181 00:10:33,960 --> 00:10:38,960 Speaker 3: Jeffrey Sachs. How soon will Trump do what Benjamin Etsigna 182 00:10:39,040 --> 00:10:42,120 Speaker 3: who has come here to ask him to do, which 183 00:10:42,160 --> 00:10:47,400 Speaker 3: is to invade Iran for the benefit of the expansion 184 00:10:47,440 --> 00:10:52,240 Speaker 3: of Israel's borders. Because Iran poses no national security threat 185 00:10:52,280 --> 00:10:55,800 Speaker 3: to the United States. That's the other reason conngressy won't 186 00:10:55,800 --> 00:10:58,199 Speaker 3: get the declaration of war from Congress. 187 00:10:58,480 --> 00:11:01,360 Speaker 2: That is true, certainly that and that's I guess that's 188 00:11:01,400 --> 00:11:04,040 Speaker 2: really the key component here. They may be a threat, 189 00:11:04,160 --> 00:11:07,800 Speaker 2: imminent threat, existential threat to Israel, but Iran is not 190 00:11:08,160 --> 00:11:10,400 Speaker 2: an existential threat or eminent threat to the United States 191 00:11:10,440 --> 00:11:13,360 Speaker 2: of America, which is to the point, and it's well taken, 192 00:11:13,440 --> 00:11:15,880 Speaker 2: Judge Entita Politano. Always appreciate you coming on the program 193 00:11:15,880 --> 00:11:18,079 Speaker 2: every Wednesday. I'll look forward to another conversation next week 194 00:11:18,120 --> 00:11:19,000 Speaker 2: and keep up the great. 195 00:11:18,800 --> 00:11:22,120 Speaker 3: Work with me. Thank you. Next week, Strucker and I 196 00:11:22,200 --> 00:11:24,720 Speaker 3: will work out this audio issue all the best, Brian, 197 00:11:24,840 --> 00:11:25,200 Speaker 3: thank you. 198 00:11:25,400 --> 00:11:28,160 Speaker 2: I'll keep my fingers crossed. God bless you, sir. Eight 199 00:11:28,240 --> 00:11:30,559 Speaker 2: forty two Here fifty five KR see de talk station 200 00:11:30,840 --> 00:11:31,760 Speaker 2: don't away. 201 00:11:31,720 --> 00:11:33,760 Speaker 3: Fifty five KRC dot com. 202 00:11:33,800 --> 00:11:34,360 Speaker 1: I wish i'd