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Speaker 1: It is a twenty seven here if you about KERCD

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Speaker 1: talk station and where is Judge? We had him on

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Speaker 1: video of them four We were talking back and forth.

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Speaker 1: That was in the seven o'clock Urt, just make sure

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Speaker 1: the zoom thing worked in now, No, Judge, that certainly conceivable.

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Speaker 1: He was listening to a W. R. Hawkins And I

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Speaker 1: don't know. We'll see anyway. Sean McMahon covering free the

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Speaker 1: off Joe Stracker is busily trying to find Judge Innapolitano.

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Speaker 1: Judge of you here my voice, give us a call

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Speaker 1: and find out what's going on.

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Speaker 2: In the meantime there the phone is ringing. It's Richard.

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Speaker 1: See what happens here, Sean McMahon, just real quick here,

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Speaker 1: since we do tech Friday and Friday. There was an

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Speaker 1: announcement yesterday that Duke Energy is warning customers about a

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Speaker 1: text scam yes or out there because of the freezing temperatures,

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Speaker 1: they are tarty. These scammers are targeting people with a

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Speaker 1: threat of losing heat into John Joy, who's the Energy

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Speaker 1: Midwest director of a Duke Unfortunately, we've seen the scam activity.

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Speaker 2: He said.

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Speaker 1: They do not send clickable links and attacks. They do

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Speaker 1: not demand money. They do not threaten service cut off

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Speaker 1: during unpaid bills, especially during winter weather. So there's another

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Speaker 1: one you can keep your eyes peeled for. Welcome, Judge Annapolitano,

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Speaker 1: it's great Tavy on the fifty five Krsey Morning Show.

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Speaker 2: Sir, can you hear me? He can't hear me? Can

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Speaker 2: you hear me? Judge, Yes, I hear there is.

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Speaker 3: I was not hearing you prior to this, and I

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Speaker 3: was just about to email Sean when I hear you now.

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Speaker 1: Oh, I'm not holding Sean blameable for anything, but when

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Speaker 1: Judge j Reckerd disappears, something always runs off the rails.

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Speaker 2: Judge Napoulton, let me tell.

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Speaker 3: You, Sean, handsome devil that he is, has done a

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Speaker 3: very good job of connecting us.

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Speaker 1: Yes he has. He always always rises to the challenge,

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Speaker 1: Judge in Anapolotona. Before we get to your what I

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Speaker 1: will say is slightly in Cindiara, I was joking with

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Speaker 1: you yesterday. Well you should have read the first draft.

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Speaker 1: Colin comes out at midnight to night. You can read

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Speaker 1: it for yourself draw your own conclusions of American Gestapo

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Speaker 1: American Psycho. But before we dive into details on that,

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Speaker 1: I gotta ask you about this because the Trinidadian the

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Speaker 1: families of a couple of the Trinidadtian men who were

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Speaker 1: blown up in a US strike of the so called

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Speaker 1: drug boats and Narco terrace boats on August fourteenth, twenty

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Speaker 1: twenty five, they filed a federal lawsuit against the Trump administration,

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Speaker 1: calling that attack manifestly unlawful. There's been no reaction from

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Speaker 1: the Trump administration yet to what I can see. But

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Speaker 1: you had talked about this on this show before in

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Speaker 1: the context remember the second bomb strike that killed two

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Speaker 1: guys when the first one didn't kill all of them,

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Speaker 1: and you had mentioned that it's possible that they could

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Speaker 1: file a civil suit. Now, I do not think this

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Speaker 1: is that same strike. The six men were blown up

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Speaker 1: and one fell swoop, but two of the families are

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Speaker 1: suing them. Is this a lawsuit that might have some

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Speaker 1: marriage Did you see this actually seeing the light of

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Speaker 1: a judgment or anything.

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Speaker 3: The short answer to both of your questions is yes,

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Speaker 3: I think the lawsuit does have merit. These people are

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Speaker 3: prepared to demonstrate to a federal judge and a Boston

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Speaker 3: jury that they are two decedents, were fishermen, had nothing

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Speaker 3: to do with drugs that they know more about this

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Speaker 3: than the FEDS do. They know where the boat came from,

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Speaker 3: they know who owned the boat, They know what these

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Speaker 3: two guys were doing.

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Speaker 4: What they don't know is how and.

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Speaker 3: Why and when and by whom and for what reason

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Speaker 3: the boat was targeted. So obviously we're going to have

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Speaker 3: issues of discovery here. Yeah, people listening to us know

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Speaker 3: what discovery is. It's where each side exchange and exchanges

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Speaker 3: information that it has about the case, basically before you

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Speaker 3: get into court to try it. So the plaintiffs are

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Speaker 3: going to demand the what, when, where, why and how,

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Speaker 3: and the government say this is the state secrets. These

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Speaker 3: are military secrets. We can't reveal them. And if the

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Speaker 3: judge follows the law, the judge will say, Okay, reveal

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Speaker 3: it to me and I will look at all of

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Speaker 3: it in chambers and I will decide what.

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Speaker 4: The planeffs are entitled to.

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Speaker 3: Now, if the planets are smart, I don't know who

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Speaker 3: their lawyers are, but if they're smart, they'll have somebody

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Speaker 3: on their team who is who is qualified, who has

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Speaker 3: a national security clearance. There's only about twenty five lawyers

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Speaker 3: in the country who are nationally national security cleared to

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Speaker 3: see the same secrets that the government has, and most

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Speaker 3: of them are ex Feds. Won't mention any names, but

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Speaker 3: one of the most prominent of them as a trial

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Speaker 3: lawyer in Boston. He's an ex FBI agent, x DEA agent,

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Speaker 3: ex federal prosecutor. He has all the security clearances. That's

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Speaker 3: the type person they need on their team because that

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Speaker 3: takes the wind out of the federal government sales and

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Speaker 3: that allows defense counsel to see more than the defense

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Speaker 3: council would normally see.

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Speaker 4: So that's what's going to happen.

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Speaker 3: Now, whichever way this judge goes, it's going to go

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Speaker 3: to the first circuit. If he or she doesn't reveal

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Speaker 3: what the planeiffs want, they're going to appeal her. If

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Speaker 3: he or she orders more than the Feds want, they're

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Speaker 3: going to appeal her. So this is going to be

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Speaker 3: a long drawn out process.

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Speaker 4: You know.

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Speaker 3: My view, the concept of state secrets is just a fraud.

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Speaker 3: It's just a deception to allow the government to get

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Speaker 3: away with things, almost always involving death. The whole state

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Speaker 3: secrets nonsense came about when CIA agents were flying over

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Speaker 3: Florida and the plane crashed and they're all male and

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Speaker 3: their wives sued the government and simple case of wrongful death.

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Speaker 3: The case was thrown out because they got money under workers' compensation.

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Speaker 3: So then they sued the airline and brought the government

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Speaker 3: back in, and the government said state secrets. They worked

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Speaker 3: for the CIA, we can't even tell you why the

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Speaker 3: plane was flying. And that's the origin of the The

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Speaker 3: Supreme Court went along with this nonsense. That's the origin

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Speaker 3: of the state secret to a doctrine. So we'll see

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Speaker 3: where it goes from here.

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Speaker 1: Last time I read my Constitution, there's no reference to

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Speaker 1: state secrets in there.

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Speaker 4: Agreed. Agreed.

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Speaker 3: There's no reference to qualified immunity for agents who kill

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Speaker 3: people in there either.

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Speaker 2: Well, and you addressed that in your column.

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Speaker 1: I did have a couple of other questions on that lawsuit, though,

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Speaker 1: but you pointed out, you know, you asked the rhetorical question,

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Speaker 1: can the state of Minnesota prosecute the ice killer? And

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Speaker 1: the answer is yes. This happened with the FBI sharpshooter

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Speaker 1: at Ruby Ridge, As you pointed out something that my

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Speaker 1: listening audience detested, the federal government taking the life of

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Speaker 1: that poor woman.

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Speaker 2: They killed her.

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Speaker 4: Correct.

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Speaker 3: He Lan Horiuchi West point a graduate, the best sharpshooter

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Speaker 3: the fbis ever had, but he wasn't at his best.

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Speaker 3: At Ruby Ridge, he killed the son of the man

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Speaker 3: they were trying to rest. Now, the son did have

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Speaker 3: a shotgun in his hand, but he killed him in

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Speaker 3: the back, and then he killed the wife in the back.

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Speaker 3: The local prosecutors indicted him for murder. The case was

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Speaker 3: transferred to a federal court. The federal judge threw it

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Speaker 3: out under immunity grounds. The state appealed to the Tenth Circuit,

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Speaker 3: which reinstated it, and then in the middle of the trial,

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Speaker 3: the prosecutor lost his reelection bid it's the problem with

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Speaker 3: elected prosecutors and elected judges, and the new prosecutor said,

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Speaker 3: I'm not going to prosecute this guy. So after four

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Speaker 3: or five years of litigation, lan Horiuchi walked.

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Speaker 4: But the case law.

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Speaker 3: Is clear, shoot somebody in the back, you don't have immunity.

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Speaker 1: Fair enough, so there is legal precedent for that. But

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Speaker 1: pivoting back over to the Trinidad men, some well, I

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Speaker 1: guess they will they have standing. These are foreign nationals,

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Speaker 1: and I understand the underlying circumstances, but do they have

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Speaker 1: standing to get in our courts, and will this litigation

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Speaker 1: be predicated on like a civil rights violation or an

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Speaker 1: international law violation, mean what you might. I know my

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Speaker 1: listeners are wondering how in the hell they're gonna go

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Speaker 1: to get compensation out of this.

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Speaker 4: Well, the short answer again is yes, they have standing.

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Speaker 3: There's a federal statute that allows foreign nationals to sue

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Speaker 3: the government when the government harms them outside the United States.

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Speaker 3: The statute is right on point, so they do. They

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Speaker 3: do have standing, and it would probably be a nineteen

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Speaker 3: eighty three section or section nineteen eighty three of the

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Speaker 3: Civil Rights Act of sixty four, which basically says, if

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Speaker 3: you use the power of the government to impair somebody's

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Speaker 3: civil liberties, in this case, the right to live, you

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Speaker 3: can be a You could be a defendant in a

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Speaker 3: in a litigation. Now, in the real world there'd be

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Speaker 3: a criminal prosecution, which raises another whole host of issues,

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Speaker 3: but civil litigation. I don't want to demean their deaths

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Speaker 3: because I have condemned what the government did. It's just money, right,

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Speaker 3: government may very well give them money to go away

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Speaker 3: rather than roll the dice as to whether their secrets

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Speaker 3: are going to be revealed because of First Circuit or

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Speaker 3: the Supreme Court says, let the public know what happened.

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Speaker 1: Fair enough, if I understand that in the civil justice system,

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Speaker 1: which we have civiligation, you know, money is quite often

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Speaker 1: the only remedy. You can't unring the bell of killing someone.

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Speaker 3: So that's that's what they're asking for. It's the same

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Speaker 3: as any under wrongful death case. It's based on the

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Speaker 3: economic value of the decedent. They're probably seek punitive damages

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Speaker 3: that I never heard a pianitive damages against the government.

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Speaker 2: Nor have I now.

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Speaker 1: Finally, though, to my people, quite often I've met with

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Speaker 1: this challenge that therefoereign nationals, they're not entitled to the

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Speaker 1: protections offered to the United States citizens under the Constitution,

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Speaker 1: i e. Are civil rights that are guaranteed by the

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Speaker 1: Bill of Rights.

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Speaker 3: Well, that is an inaccurate reading of the Bill of

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Speaker 3: Rights because it protects persons, it doesn't limit its protection

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Speaker 3: to Americans.

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Speaker 1: Yeah, you said that in the program before. I just

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Speaker 1: had to make sure that that's the way.

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Speaker 3: I'm glad you raised and Brian, I get that as well.

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Speaker 4: I also get it from lawyers.

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Speaker 3: I get it from all kinds of people who think

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Speaker 3: I'm off on a tangent when I say the Bill

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Speaker 3: of Rights applies to everybody.

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Speaker 4: Just read it.

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Speaker 3: Madison knew what he was doing when he said all persons, now,

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Speaker 3: let's be honest. Persons to Madison did not mean black

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Speaker 3: persons who were enslaved, but it meant everybody else.

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Speaker 2: Well. Fortunately, we have evolved as a society.

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Speaker 1: We have grown as a country over our two hundred

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Speaker 1: and fifty years, and we have made ourselves heat to gutter.

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Speaker 1: Thanks be to God true all right, always end on

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Speaker 1: the Judging Freedom Podcast Judge of Polatona's podcast look for

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Speaker 1: wherever you get your podcasts, thinking stream that on the

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Speaker 1: iHeartMedia app. Who you can be talking today, Judge and

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Speaker 1: of Polatana, I.

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Speaker 3: Have Max Blumenthal, Professor Glenn Dies and Phil GERALDI Phyllis,

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Speaker 3: the CIA agent Mattel, George W.

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Speaker 4: Bush.

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Speaker 3: Saddam Hussein does not have weapons of mass destruction of

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Speaker 3: course out of the throw out of the Oval Office

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Speaker 3: tomorrow the Great or Colonel Douglas McGregor.

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Speaker 1: So now look you're short of topics, Judge Nitapolatana, thank

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Speaker 1: you for your time and joining the fifty five KRCY

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Speaker 1: Morning Show. Talking to me my listeners. I always appreciate

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Speaker 1: hearing from you, and I love the discussion that you

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Speaker 1: stir with your points on the law.

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Speaker 2: I think it's I have.

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Speaker 4: To stick around for the discussion.

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Speaker 3: I would imagine some of your listeners are not happy

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Speaker 3: with me, But my goal is not to make people happy.

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Speaker 1: It's to hear the pot right, think you. I tell

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Speaker 1: him that all the time. So well, ho come you

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Speaker 1: have napoloton on he hates Trump bar listen. I love

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Speaker 1: the discussion. I love the argument, the engagement, I love

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Speaker 1: the boiling down things. I love the legal analysis, and

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Speaker 1: I think you are a critically important component of fifty

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Speaker 1: five Kresdy Morning Show. I'm not here to deliver one

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Speaker 1: hundred percent listener agreement, man, I'm here to talk about

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Speaker 1: what's important, and you aid in that discussion. God bless

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Speaker 1: you judging Apoultan.

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Speaker 3: Doing a special thanks to Sean McMahon as well.

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Speaker 1: He's waving at you, sir. We'll talk next to next Wednesday, sir,

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Speaker 1: have a great week. It's eight forty right now. We're

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Speaker 1: gonna do some love for charity coming up Marty Graff

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Speaker 1: for homeless kids. We'll hear from Gordy Schnyder. He's the

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Speaker 1: foundering chair of Marty Graf for Homeless Kids. That's coming

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Speaker 1: up next. I hope you can stick around.

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Speaker 2: Fifty five KRC Moore