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Speaker 1: On medical obesity, care and expertise. Caught five one three, nine, three,

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Speaker 1: nine two two sixty three. That's nine thirty nine twenty

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Speaker 1: two sixty three. Satbound seventy five continues to get heavier

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Speaker 1: from well above one twenty nine to your past and

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Speaker 1: accident at Cincinnati Daton Road. Right side blocked sapbound seventy one.

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Speaker 1: Left side's blocked with an accident Nearfield's hurdle, some icy

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Speaker 1: conditions westbound two seventy five and seventy five above Sharonville.

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Speaker 1: It's an accident now on the right shoulder. Northbound seventy

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Speaker 1: five continues slow out of Florence into downtown. On this

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Speaker 1: the mooting of the company Christmas party, I decided to

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Speaker 1: rewrite some Christmas tunes. Like he knows when balls are shakey,

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Speaker 1: the Constitution thrives, he knows when power is breaking through,

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Speaker 1: and he's cutting through the lives up the Judge's next

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Speaker 1: on this happy momentous holiday. Chuck Ingram fifty five krs

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Speaker 1: the talk station.

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Speaker 2: Something tells me Chuck Ingram was looking at chat ept

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Speaker 2: this morning. I don't know if he's got the skills

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Speaker 2: to write lyrics like that, but that was a pretty

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Speaker 2: good one as far as.

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Speaker 3: I was over the top, and he's got a great

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Speaker 3: singing choice.

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Speaker 2: Judge Streker Joe Strecker, executive producer, said he wrote that

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Speaker 2: for Chuck. That's great. Oh wow, oh my, we get

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Speaker 2: to mark that one down to the top ten. Anyway,

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Speaker 2: sometimes he fumbles the ball, but today I think he

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Speaker 2: hit it home for the holidays, and it is the

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Speaker 2: I heard Christmas party today here for the cluster of

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Speaker 2: radio stations, so he was springing from that. Judge Annon Apoloitano,

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Speaker 2: welcome back. I enjoy this time of the week as

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Speaker 2: much or more than almost any other. I don't want

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Speaker 2: to short shrift any of my other guests, but this

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Speaker 2: is a great time for me because you and I

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Speaker 2: see really eye to eye on most things. This libertarian philosophy,

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Speaker 2: the belief in the constitution and a limited guy government.

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Speaker 2: And I love your column Murder for Christmas. This is

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Speaker 2: a topic we've talked about, and of course it is

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Speaker 2: a hot topic of late blowing up boats outside of Venezuela.

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Speaker 2: But now we have Donald Trump saying, and I'll quote this,

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Speaker 2: that he's planning on hitting targets in the land. The

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Speaker 2: land is much easier and much means we know, we

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Speaker 2: know the roots where they are. We're going to start

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Speaker 2: those strikes on land too. I read that, and I'm thinking,

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Speaker 2: by what authority is he bringing us into a war?

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Speaker 2: I mean, Venezuela might likely declare war in the United States,

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Speaker 2: not that they have the military means to fight us off,

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Speaker 2: but he, by unilateral action, could literally bring us to

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Speaker 2: the brink or actual war with a foreign nation. By

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Speaker 2: what authority.

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Speaker 3: He has no respect for the Constitution, for the Congress,

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Speaker 3: and Congress has no respect for itself. Congress will do

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Speaker 3: nothing to stop the murders in the Caribbean of people

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Speaker 3: in the boats, so people who survived the original attack

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Speaker 3: on the boats, and Congress is apparently going to do

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Speaker 3: nothing to stop him from invading Venezuela. The Constitution couldn't

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Speaker 3: be clearer, Congress to Claire's war. The president wages war.

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Speaker 3: The President and the Senate have ratified treaties that limit

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Speaker 3: our war making power to those where there is a

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Speaker 3: serious threat to American national security or the national security

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Speaker 3: of an ally to which we are bound by treaty.

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Speaker 3: No one can say that Venezuela opposes a serious national

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Speaker 3: security threat to the United States. Oh Let's see there

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Speaker 3: were some drugs on those boats. How about the four

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Speaker 3: hundred tons of cocaine shipped into the United States by

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Speaker 3: the guy that Donald Trump just sprung from a forty

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Speaker 3: five year prison sentence.

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Speaker 2: You're read my mind, So.

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Speaker 3: I'm not sure where we're going here. There's obviously different motivations.

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Speaker 3: I think Trump was either trying to influence Latin American

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Speaker 3: elections or please some intermediary, some friend of his and

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Speaker 3: the former president of Honduras. But the killing is absolutely

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Speaker 3: unjustified under American law, and heg Seth has made it

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Speaker 3: worse by mocking it with this cartoon of a child's turtle,

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Speaker 3: something I had never heard of before, but of course

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Speaker 3: I did the research.

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Speaker 2: Franklin the turtle, Yeah, Franklin the turtle means a.

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Speaker 3: Child's cartoon, which heg Seth posted holding some sort of

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Speaker 3: a missile in his hand, blowing up a bote and saying,

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Speaker 3: wishless for Christmas. Come on, when the right mind for

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Speaker 3: this for children?

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Speaker 2: Now, of course, satire it may be, and it's a

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Speaker 2: sad reflection of the state of our political discourse in

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Speaker 2: this world that we communicate by virtue of memes. Left

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Speaker 2: does it the right, does it. We've devolved into this

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Speaker 2: one little tiny photograph, comical or not as one perceives it.

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Speaker 2: That's how people either advance or reject any political ideology.

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Speaker 2: And I think it's a sorry state of affairs for

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Speaker 2: political discourse. But grabbing a couple of words from your column,

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Speaker 2: which again is murder for Christmas, I'm fortunate enough to

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Speaker 2: get an advanced copy. It does come out at midnight

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Speaker 2: outside of a legally declared war in which US military

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Speaker 2: personnel are engaged in legally killing armed military personnel. I

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Speaker 2: don't need to read the whole sentence, but the salient

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Speaker 2: point outside of a llegally declared war. Now, I'm going

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Speaker 2: back to these six members of Congress who released that

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Speaker 2: video urging members to refuse quote unquote illegal orders. Now

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Speaker 2: they face a lot of BA backlash for that. Some

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Speaker 2: were threatening to court martial them. Whatever, we got the

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Speaker 2: Uniform Code of Military Justice, we can look to and

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Speaker 2: see exactly what it says. But every time any one

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Speaker 2: of the six who released that video were on the

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Speaker 2: talking Head program, they were asked specifically, can you name

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Speaker 2: an illegal order? Not one of them uttered a syllable.

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Speaker 2: Why didn't they go to the point that you make

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Speaker 2: in this article, which is you can't do that because

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Speaker 2: there's no authorized, constitutionally military declared war from Congress.

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Speaker 3: I don't know why. I mean, they started a great debate,

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Speaker 3: but they didn't finish it. You're correct, they didn't back down,

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Speaker 3: but not a single one would articulate which orders are illegal.

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Speaker 3: It is clear as day that it is illegal to

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Speaker 3: kill an unarmed, non violent, non combatant. Nothing could be clearer.

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Speaker 3: That is a war crime. It's a war crime for

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Speaker 3: everybody involved, from the Secretary of Events down or whoever

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Speaker 3: pulled the trigger or pressed the button that dispatched the

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Speaker 3: weapon that destroyed the boat and the people on it. It's

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Speaker 3: not even a close call. Why they wouldn't articulate it

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Speaker 3: that way, I really, I really don't know. You know,

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Speaker 3: politicians are strange people. They're always trying to think two

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Speaker 3: steps ahead. They're always trying to think about compromise. They're

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Speaker 3: always trying to think about how can I scratch somebody

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Speaker 3: else's back so they'll scratch mine. This is not a

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Speaker 3: profession for people who are intellectually scrupulous.

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Speaker 2: Well, along those lines, could it be that they were

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Speaker 2: thinking two steps forward and realizing if they did articulate

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Speaker 2: that this is not a legally justifiable under the Constitution.

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Speaker 2: There's been no declaration of where you can't launch bombs

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Speaker 2: against those folks in the boats or on land because

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Speaker 2: their side of the political equation did it too. We've

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Speaker 2: got a history of presidents Republican and Democrat doing the

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Speaker 2: same damn thing.

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Speaker 3: Correct, correct, the same as I mentioned in the piece,

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Speaker 3: that you have the same office of not the same

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Speaker 3: human beings because we're going back twenty years presumably, but

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Speaker 3: the same office. By the way, that office was once

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Speaker 3: headed by two very well known people, William Rehnquist, the

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Speaker 3: late Chief Justice and Antonin Scalia, the late Associate Justice.

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Speaker 3: This is an office in the Justice Department that has

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Speaker 3: the best and the brightest. They advise the rest of

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Speaker 3: the DOJ what the law is.

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Speaker 1: But this is the.

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Speaker 3: Same office that issued a secret opinion telling George W.

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Speaker 3: Bush he could torture people, Barack Obama he could kill

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Speaker 3: two Americans, including a child, who were not engaged in

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Speaker 3: violence while they were in Yemen, and apparently has told

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Speaker 3: Trump that he can blow up these boats. I say

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Speaker 3: apparently because Trump will not reveal and the Attorney General

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Speaker 3: will not reveal the legal opinion for the rest of

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Speaker 3: us to scrutinize it. I can't imagine what kind of

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Speaker 3: law they cited, and I can't imagine why it's secret.

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Speaker 3: There are no secret laws. We're talking about a legal

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Speaker 3: argument here, we're not talking about classified information.

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Speaker 2: So you get an advisory of painting because there is no,

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Speaker 2: I guess, definitive case law on this, you know, extra

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Speaker 2: judicial war waging that's been going on for so long?

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Speaker 2: Why and in what forum? Assuming the Democrats wanted to

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Speaker 2: stand up and say no, no, no, Moss, or even

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Speaker 2: a guy like Senator Rampaul, who was equally critical and

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Speaker 2: made the very point you made. We let a Narco,

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Speaker 2: the former president who'd been convicted of drug smuggling, out

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Speaker 2: on a pardon, and yet we're blowing him up real

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Speaker 2: time on folks who hadn't been through the due process.

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Speaker 2: But what forum, what tribunal, what congressional hearing? How does

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Speaker 2: one bring someone accountable if they choose to do so,

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Speaker 2: which clearly neither political party wanted to do over all

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Speaker 2: these years.

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Speaker 3: I would think that Pete heg Seth is not long

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Speaker 3: for his job, and I would think that whoever his

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Speaker 3: successor is would convene a court martial for Admiral Bradley

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Speaker 3: and everybody else along the chain of command, because the

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Speaker 3: Uniform Code of Military Justice says, not only may and

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Speaker 3: that kill a survivor, a shipwrecked survivor, you have a

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Speaker 3: duty to rescue him. You have to rescue the person

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Speaker 3: you just tried and failed to kill. That's the law.

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Speaker 3: This admiral knows the law. A petty sailor swabbing the

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Speaker 3: deck of an aircraft carrier knows the law. They are

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Speaker 3: told this the third day of basic training.

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Speaker 2: Going back to the initial fundamental problem we have here,

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Speaker 2: if there was even an authorization for use of military force,

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Speaker 2: which you and I agree probably not even constitutional itself,

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Speaker 2: but they've got those kind of things. If Congress issued

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Speaker 2: an authorization for use of military force against the drug dealers,

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Speaker 2: then we would effectively be at war with them, like

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Speaker 2: the war on terror that we've been waging over the

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Speaker 2: Middle East for so many decades. Then in an act

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Speaker 2: of war, which that effectively would be, you do kill

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Speaker 2: all the people who are fighting against you.

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Speaker 1: You don't have to.

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Speaker 2: I mean, we've seen people gunshots from two miles away

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Speaker 2: hidden Afghanistan terrorists, even though they weren't aiming a gun

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Speaker 2: at one of our military personnel because we were operating

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Speaker 2: in a military theater. Kill them all. Let God sort

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Speaker 2: it out. That's okay when you actually have a declaration

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Speaker 2: of war, right.

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Speaker 3: Well, believe it or not. If a person's surrendering, you

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Speaker 3: can't surrender. If a person's waving a white flag, you

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Speaker 3: can't kill them. If There's a very famous case during

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Speaker 3: World War Two where the Germans blew up a submarine

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Speaker 3: and the German commander ordered the sailors in the ocean

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Speaker 3: to be machine gunned. That commander was tried, convicted, and

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Speaker 3: executed by his own Nazi leadership for violating basic laws

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Speaker 3: of war. You can't kill survivors of your failure to

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Speaker 3: kill them. That's been a law of war for hundreds

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Speaker 3: of years. It is clearly in the Uniform Code of

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Speaker 3: Military Justice of the United States. Clearly, Admiral Bradley, there's

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Speaker 3: self a former Navy seal, knows what this law is.

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Speaker 2: So how do you see this shaken out?

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Speaker 3: There are a lot of Republicans, not just Rand Paul

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Speaker 3: and Thomas Massey. There are a lot of Republicans aggravated

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Speaker 3: by this. And this may be the last straw for

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Speaker 3: them with Donald Trump trashing the Constitution. But all they

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Speaker 3: can do is hold hearings and expose. They could impeach

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Speaker 3: Pete heg Seth. They can actually impeach the admiral if

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Speaker 3: they want, because he's got four stars and the fourth

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Speaker 3: star only came by confirmation from the Senate. They can't prosecute,

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Speaker 3: of course, because of the prohibition on bills of attainder,

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Speaker 3: and the Justice Department's not going to prosecute anybody. But

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Speaker 3: this is murder. There's no statue of limitations. This is

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Speaker 3: a war crime. There's no statute of limitations. These people

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Speaker 3: could be prosecuted in an international court. They could be

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Speaker 3: prosecuted in a federal court under a different administration. They

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Speaker 3: could be prosecuted in the court of the country from

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Speaker 3: which their victims came, if they could physically be brought there.

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Speaker 2: Well, But then politicians thinking two steps down the road

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Speaker 2: appreciate that. Well, you know, those Democrats may very well

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Speaker 2: have their person in office down the road, and they're

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Speaker 2: going to want as much flexibility along these lines as

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Speaker 2: other prior presidents of both political stripes have apparently had.

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Speaker 3: Barack Obama in his autobiography. This is a reprehensible phrase,

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Speaker 3: but he wrote it. I'm very good at.

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Speaker 2: Killing Wow, Judge Enna Palatano, Judging Freedom of the podcast.

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Speaker 2: We all like to listen to it. Who's on today,

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Speaker 2: judg Enna Paltano.

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Speaker 3: I have our man in Siria kivork al Masian, who

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Speaker 3: tells us what's going on there. I have Phil GERALDI

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Speaker 3: I have Aaron mate Tomorrow. My heavy hitter is Colonel

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Speaker 3: Douglas McGregor and Professor John should be.

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Speaker 2: A great, great discussion, as it always is, Judging Freedom

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Speaker 2: Judging in Apoloitown every Wednesday at eight thirty here in

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Speaker 2: the fifty five Caressey Morning Show. God bless you, sir.

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Speaker 2: Enjoy the holiday season. I know we'll be talking before Christmas,

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Speaker 2: but I just want to get you out of holiday

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Speaker 2: for the next Wednesday. Brian, take care, my friend. It's

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Speaker 2: eight forty three coming up in e forty four. Help

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Speaker 2: for Charity, Brian Ibil