1 00:00:00,080 --> 00:00:04,720 Speaker 1: Open again. Well, it is National Homemade Soup Day and 2 00:00:04,760 --> 00:00:07,720 Speaker 1: if you go to our next guest website, in addition 3 00:00:07,800 --> 00:00:12,080 Speaker 1: to his podcast, you'll also get great recipes for chicken 4 00:00:12,119 --> 00:00:15,840 Speaker 1: noodle and vegetable soups. Well that may not be true, 5 00:00:15,880 --> 00:00:19,320 Speaker 1: but it's a great idea. The podcast is good anyway. 6 00:00:19,560 --> 00:00:23,239 Speaker 1: The judges next, Chuck Ingram on fifty five krs The 7 00:00:23,520 --> 00:00:24,120 Speaker 1: Talk Station. 8 00:00:26,400 --> 00:00:30,639 Speaker 2: Hey, thirty one, fifty five krs the Talk Station. Of 9 00:00:30,640 --> 00:00:33,160 Speaker 2: course you're talking about Judge Enninapoulatana, who we are blessed 10 00:00:33,159 --> 00:00:34,760 Speaker 2: to have every Wednesday at this time here in the 11 00:00:34,760 --> 00:00:38,440 Speaker 2: fifty five kr S Morning Show. Welcome back, Judge Enna Polatana. 12 00:00:38,479 --> 00:00:40,080 Speaker 2: Sorry the video is not working, but at least we 13 00:00:40,080 --> 00:00:43,320 Speaker 2: get the joy of hearing you and your thoughtful legal analysis. 14 00:00:43,320 --> 00:00:44,560 Speaker 2: Good to have you on the show, mat Wow. 15 00:00:44,600 --> 00:00:48,000 Speaker 3: The joy for me is interacting with you and your 16 00:00:48,080 --> 00:00:52,440 Speaker 3: audience and listening to Ingram's intros I know which I 17 00:00:52,479 --> 00:00:54,520 Speaker 3: am deeply and profoundly grateful. 18 00:00:55,440 --> 00:00:58,600 Speaker 2: You are the only one who gets a custom traffic report. 19 00:00:58,720 --> 00:01:00,480 Speaker 2: I have to double down on that. Can I ask 20 00:01:00,520 --> 00:01:03,800 Speaker 2: you before we dive into the topic today, how many 21 00:01:03,880 --> 00:01:05,360 Speaker 2: years have you and I been doing this? 22 00:01:07,080 --> 00:01:09,959 Speaker 3: Oh? God, I don't know, Brian, it's. 23 00:01:09,920 --> 00:01:12,039 Speaker 2: More than a decade, isn't it. 24 00:01:12,040 --> 00:01:14,160 Speaker 3: It is It is more than a decade. It goes 25 00:01:14,200 --> 00:01:16,240 Speaker 3: back to when I was at Fox full time and 26 00:01:16,319 --> 00:01:20,080 Speaker 3: I left there and well I left there in COVID 27 00:01:20,200 --> 00:01:23,560 Speaker 3: so around twenty twenty twenty. Wow. 28 00:01:23,959 --> 00:01:27,160 Speaker 2: Yeah, wow, Well I've enjoyed every bit of it. 29 00:01:27,240 --> 00:01:31,520 Speaker 3: Great friendship it is. When was that speech that I 30 00:01:31,680 --> 00:01:35,080 Speaker 3: gave that you were in the MC in a suburb 31 00:01:35,120 --> 00:01:38,520 Speaker 3: brand outside of Cincinnati. You remember that that was northern Kentucky. 32 00:01:38,640 --> 00:01:40,960 Speaker 2: It was I think it was a Northern Kentucky Republican 33 00:01:41,000 --> 00:01:43,720 Speaker 2: function or something along those lines. But yeah, that's that's 34 00:01:43,720 --> 00:01:45,640 Speaker 2: the first time we met face to face, and that 35 00:01:45,800 --> 00:01:48,920 Speaker 2: was like instant friendship. I just anyway, it's I wanted 36 00:01:48,960 --> 00:01:50,440 Speaker 2: to just remind you how much of a joy it 37 00:01:50,440 --> 00:01:51,880 Speaker 2: is for me to have you on. I've learned so 38 00:01:52,000 --> 00:01:54,400 Speaker 2: much from you, and you have provided, you know, a 39 00:01:54,440 --> 00:01:58,040 Speaker 2: springboard for people to be far more thoughtful about our 40 00:01:58,080 --> 00:02:01,360 Speaker 2: constitutional rights than the otherwise i'd be because, of course, 41 00:02:01,560 --> 00:02:04,080 Speaker 2: people in elected capacity on both sides of the political 42 00:02:04,120 --> 00:02:06,480 Speaker 2: ledgers seem to have thrown the Constitution out the window. 43 00:02:06,760 --> 00:02:09,720 Speaker 2: Had a conversation, yesually with retired lieutenant Colonel Daniel Davis, 44 00:02:09,720 --> 00:02:12,800 Speaker 2: who does war analysis, and it's called a Daniel Davis 45 00:02:12,800 --> 00:02:15,639 Speaker 2: deep dive. And I closed out my discussion with him 46 00:02:15,919 --> 00:02:19,880 Speaker 2: talking about Iran and the impending launching of missiles, and 47 00:02:19,960 --> 00:02:24,000 Speaker 2: I said, Daniel Davis, doesn't the Constitution require some congressional 48 00:02:24,040 --> 00:02:27,079 Speaker 2: approval if we're going to start entering into a combat 49 00:02:27,120 --> 00:02:30,160 Speaker 2: with foreign nations against whom we have no declaration of war? 50 00:02:30,160 --> 00:02:31,960 Speaker 2: And of course he concurred with me. I said, well 51 00:02:32,000 --> 00:02:36,480 Speaker 2: that makes you me, judge, editor Poulaitano, Congressmomassy, and Ran Paul, 52 00:02:36,560 --> 00:02:38,359 Speaker 2: the rest of us, Well, I guess we just ignore 53 00:02:38,360 --> 00:02:41,040 Speaker 2: the constitution, right, And. 54 00:02:40,919 --> 00:02:44,480 Speaker 3: That, of course brings us to what my column tomorrow 55 00:02:44,639 --> 00:02:48,520 Speaker 3: asks is do we still have a constitution? Yes? The 56 00:02:48,600 --> 00:02:54,000 Speaker 3: answer is formally yes, functionally no. Functionally, the government does 57 00:02:54,720 --> 00:02:58,040 Speaker 3: what it wants, whether it's snooping on us, whether it's 58 00:02:58,680 --> 00:03:02,560 Speaker 3: killing people in the street in Minneapolis, or whether it's 59 00:03:02,800 --> 00:03:07,440 Speaker 3: starting a war, a waging war without a congressional declaration. 60 00:03:07,560 --> 00:03:11,360 Speaker 3: It's really remarkable. The column does its best in a 61 00:03:11,440 --> 00:03:16,320 Speaker 3: thousand words or a fewer to trace the erosion of 62 00:03:16,440 --> 00:03:22,880 Speaker 3: basic constitutional principles. All three branches of government are culpable. 63 00:03:23,480 --> 00:03:26,360 Speaker 3: The Congress for writing laws and leash and the executive. 64 00:03:26,400 --> 00:03:29,880 Speaker 3: The executive are taking more power than the Constitution authorizes, 65 00:03:30,360 --> 00:03:34,160 Speaker 3: and the judicial for being cowed by the other two branches. 66 00:03:34,760 --> 00:03:39,320 Speaker 3: And I attempt to lay that out focusing on the 67 00:03:39,360 --> 00:03:44,720 Speaker 3: two tragedy, tragic killings in Minneapolis. Whatever you think of Ice, 68 00:03:44,760 --> 00:03:48,040 Speaker 3: whatever you think of the aggressive enforcement of immigration law, 69 00:03:48,320 --> 00:03:52,000 Speaker 3: there was no basis for federal agents to kill either 70 00:03:52,040 --> 00:03:55,640 Speaker 3: of those Americans. And that's the point I'm trying to 71 00:03:55,720 --> 00:03:59,680 Speaker 3: drive home. The bigger point is constitution is almost a 72 00:03:59,800 --> 00:04:02,960 Speaker 3: jill when I say do we still have a Constitution? 73 00:04:03,080 --> 00:04:07,400 Speaker 3: At a cocktail party or some informal gathering people less 74 00:04:07,520 --> 00:04:10,280 Speaker 3: like Judge. There's only a handful of you who think 75 00:04:10,320 --> 00:04:13,880 Speaker 3: we still have the Constitution, And you just named Brian. 76 00:04:15,600 --> 00:04:19,760 Speaker 2: I know, well, I guess we're just old fashioned, Judgental 77 00:04:19,800 --> 00:04:21,920 Speaker 2: Paul Tunis. Since it is the supreme wall of the land, 78 00:04:21,960 --> 00:04:26,359 Speaker 2: I feel pretty damn confident in my position on it. 79 00:04:26,360 --> 00:04:28,760 Speaker 3: It's more than old fashioned. I mean, the purpose of 80 00:04:28,760 --> 00:04:33,480 Speaker 3: the Constitution is twofold. One is to constitute to establish 81 00:04:33,560 --> 00:04:36,880 Speaker 3: the federal government, and the other is to restrain it. 82 00:04:37,800 --> 00:04:42,000 Speaker 3: So in establishing the government, the Constitution that's succeeded beyond 83 00:04:42,040 --> 00:04:47,680 Speaker 3: its wildest imaginings in restraining it. It's been a dismal failure. 84 00:04:48,240 --> 00:04:53,719 Speaker 3: The federal government recognizes next to no restraints on its power. 85 00:04:53,960 --> 00:05:00,839 Speaker 3: Every president has taken and exercised more power than his predecessors. 86 00:05:00,880 --> 00:05:02,719 Speaker 3: This is almost without exception. 87 00:05:02,920 --> 00:05:05,040 Speaker 2: Oh, clearly, yeah, I mean it's not difficult. I don't 88 00:05:05,080 --> 00:05:07,400 Speaker 2: care what political stripe anyone is. You can certainly see 89 00:05:07,440 --> 00:05:10,839 Speaker 2: that expansion of executive power grow over the years. Now 90 00:05:10,839 --> 00:05:13,320 Speaker 2: real quick here, it's important because one of the reasons 91 00:05:13,800 --> 00:05:16,800 Speaker 2: they didn't vote yesterday on Department of Homeland Security funding 92 00:05:16,800 --> 00:05:19,599 Speaker 2: because of this ICE situation. The Democrats are asking for 93 00:05:19,680 --> 00:05:22,359 Speaker 2: boiled down like three things. They want them to prevent 94 00:05:22,400 --> 00:05:24,920 Speaker 2: them from wearing masks, they want them to wear body cameras, 95 00:05:25,080 --> 00:05:27,719 Speaker 2: and the third one is where you explain in the column. 96 00:05:27,800 --> 00:05:29,840 Speaker 2: I think it's an important thing to talk about. What 97 00:05:29,960 --> 00:05:33,680 Speaker 2: is an administrative warrant versus a judicial warrant. The Democrats 98 00:05:33,680 --> 00:05:37,440 Speaker 2: are demanding that ICE must have a judicial warrant when 99 00:05:37,440 --> 00:05:41,120 Speaker 2: they're out picking up the identified illegal immigrants. You did 100 00:05:41,160 --> 00:05:43,960 Speaker 2: talk about this. Where did the administrative warrant come from? 101 00:05:44,080 --> 00:05:45,120 Speaker 2: Judge Ednitapolatano. 102 00:05:46,160 --> 00:05:49,760 Speaker 3: Well, the administrative warrant was enacted by Congress and the 103 00:05:49,800 --> 00:05:56,239 Speaker 3: Truman administration to address civil walms. So in those days, 104 00:05:56,279 --> 00:06:00,440 Speaker 3: if you overstayed an immigration visa, it wasn't a it 105 00:06:00,520 --> 00:06:03,680 Speaker 3: was a civil wrong, and the government would find you 106 00:06:03,720 --> 00:06:06,680 Speaker 3: and say, you know what, you better reapply or you 107 00:06:06,760 --> 00:06:10,840 Speaker 3: better leave. Because the administrative warrant let them find these people. 108 00:06:11,160 --> 00:06:13,680 Speaker 3: Didn't let them go into people's homes. It didn't let 109 00:06:13,760 --> 00:06:16,520 Speaker 3: them snoop on the phone. It didn't let them drag 110 00:06:16,640 --> 00:06:18,400 Speaker 3: people out of their homes in the middle of the 111 00:06:18,520 --> 00:06:21,400 Speaker 3: night in their underwear and put them in a car. 112 00:06:21,480 --> 00:06:24,960 Speaker 3: It didn't let them stop people on the street. When 113 00:06:25,880 --> 00:06:31,679 Speaker 3: overstaying your visa or any violation of immigration law became 114 00:06:32,000 --> 00:06:37,720 Speaker 3: a crime, the FED continued to use these administrative warrants 115 00:06:37,760 --> 00:06:40,280 Speaker 3: as if they were a judicial warrant. So, an administrative 116 00:06:40,279 --> 00:06:45,480 Speaker 3: warrant is a piece of paper in which one ICE agent, 117 00:06:45,680 --> 00:06:50,040 Speaker 3: usually a supervisor, authorizes the bearer of the paper, any 118 00:06:50,080 --> 00:06:54,599 Speaker 3: other ICE paper, any other ICE person or agents to 119 00:06:54,760 --> 00:06:59,320 Speaker 3: arrest people. Now, it wouldn't say go arrest Brian Tuns. 120 00:06:59,560 --> 00:07:02,360 Speaker 3: It would they go to such and such a car 121 00:07:02,640 --> 00:07:08,080 Speaker 3: wash and look for people who aren't speaking English and 122 00:07:08,360 --> 00:07:14,760 Speaker 3: arrest them. Now that is nowhere near what the Constitution requires, 123 00:07:14,760 --> 00:07:19,880 Speaker 3: which is a probable cause of crime and b specifically 124 00:07:20,040 --> 00:07:24,440 Speaker 3: identifying the place to be searched for the person or 125 00:07:24,520 --> 00:07:29,320 Speaker 3: persons or things to be seized. These administrative warrants are 126 00:07:29,680 --> 00:07:34,640 Speaker 3: lagrant violations of the Constitution. Some federal courts have upheld them. 127 00:07:34,880 --> 00:07:37,560 Speaker 3: They have never made their way to the Supreme Court 128 00:07:37,720 --> 00:07:41,600 Speaker 3: because the government is terrified that the Supreme Court will 129 00:07:41,720 --> 00:07:48,000 Speaker 3: invalidate them. So this is the profound, profound violation of 130 00:07:48,080 --> 00:07:53,200 Speaker 3: fundamental liberties, where one ice agent authorizes another to arrest 131 00:07:53,280 --> 00:07:57,560 Speaker 3: people without naming them based on where they are and 132 00:07:57,600 --> 00:07:58,440 Speaker 3: how they sound. 133 00:07:58,680 --> 00:08:01,000 Speaker 2: Well, if someone kicks in mind door pursuing to a 134 00:08:01,040 --> 00:08:03,920 Speaker 2: warrant that was not based on probable cause, I can 135 00:08:03,960 --> 00:08:07,320 Speaker 2: go into court and you know, motion to suppress whatever 136 00:08:07,360 --> 00:08:09,160 Speaker 2: evidence of a crime they think they found. When the 137 00:08:09,200 --> 00:08:14,240 Speaker 2: exercise when they serve the unconstitutional warrant or the probable 138 00:08:14,280 --> 00:08:17,800 Speaker 2: cause free warrant. Is there any judicial remedy to go 139 00:08:17,840 --> 00:08:21,760 Speaker 2: into court and attack the administrative warrant, your honor. 140 00:08:22,560 --> 00:08:27,240 Speaker 3: The administrative warrants should be attacked. They have not been 141 00:08:27,480 --> 00:08:33,720 Speaker 3: attacked primarily because these people are shipped away. You know, 142 00:08:33,800 --> 00:08:35,679 Speaker 3: they break down a door and arrest them. But a 143 00:08:35,760 --> 00:08:39,600 Speaker 3: twenty four hours later they're in Texas. They're not in 144 00:08:39,640 --> 00:08:43,880 Speaker 3: a position to file any complaint. Now, some complaints have 145 00:08:44,000 --> 00:08:49,200 Speaker 3: been filed, most of them are alleging technical violations of 146 00:08:49,240 --> 00:08:52,800 Speaker 3: the immigration law. But nobody that I know of has 147 00:08:52,880 --> 00:08:59,360 Speaker 3: filed a complaint challenging the constitutionality of an administrative warrant. 148 00:09:00,120 --> 00:09:03,880 Speaker 3: Idea that somebody can be arrested on a standard lower 149 00:09:03,920 --> 00:09:08,080 Speaker 3: than probable cause because they're not American defies the very 150 00:09:08,120 --> 00:09:11,360 Speaker 3: wording of the Fourth Amendment, which protects in one place 151 00:09:11,480 --> 00:09:15,680 Speaker 3: all people and then another place all persons. It doesn't 152 00:09:15,720 --> 00:09:18,719 Speaker 3: say Americans, it says persons. 153 00:09:18,800 --> 00:09:20,839 Speaker 2: Yeah, this is an argument you have made many, many 154 00:09:20,920 --> 00:09:23,120 Speaker 2: times over the years with regarding extens. 155 00:09:25,280 --> 00:09:27,480 Speaker 3: This is an argument that gets under the skin of 156 00:09:27,520 --> 00:09:30,360 Speaker 3: a lot of people that otherwise agree with you and 157 00:09:30,400 --> 00:09:35,320 Speaker 3: me on political matters, who are of the belief that 158 00:09:35,480 --> 00:09:39,560 Speaker 3: the Constitution does not protect foreign person to protect everybody 159 00:09:40,120 --> 00:09:43,720 Speaker 3: that's here. Obviously when they wrote it, they didn't intend 160 00:09:43,840 --> 00:09:48,720 Speaker 3: for it to protect slaves or Native Americans. But if 161 00:09:48,720 --> 00:09:53,240 Speaker 3: you were French and you came to the United States 162 00:09:53,280 --> 00:09:57,680 Speaker 3: and you bought a farm, you're protected by a fifth 163 00:09:57,720 --> 00:10:03,360 Speaker 3: Amendment and the Fourth Amendment in seventeen ninety one. 164 00:10:04,000 --> 00:10:07,240 Speaker 2: Some of the opposition to requiring a judicial warrant is 165 00:10:07,280 --> 00:10:09,360 Speaker 2: the idea that you actually have to go in front 166 00:10:09,360 --> 00:10:12,480 Speaker 2: of a judge who and present probable cause. I'm going 167 00:10:12,520 --> 00:10:15,400 Speaker 2: to guess and just spring from the proposition that probable 168 00:10:15,440 --> 00:10:17,960 Speaker 2: cause might not be that difficult if they have records 169 00:10:18,040 --> 00:10:21,199 Speaker 2: documenting improving it's an illegal immigrant that that person, let's say, 170 00:10:21,360 --> 00:10:23,280 Speaker 2: is locked up in jail and committed to crime. Whatever 171 00:10:23,320 --> 00:10:25,240 Speaker 2: the basis for it, whatever would serve as probable cost. 172 00:10:25,640 --> 00:10:28,360 Speaker 2: They could probably do it. But I think the pushback 173 00:10:28,520 --> 00:10:32,840 Speaker 2: is that it's going to bog down the courts, which 174 00:10:33,000 --> 00:10:36,040 Speaker 2: isn't really an argument when it comes to constitutional principles. 175 00:10:36,880 --> 00:10:41,960 Speaker 3: No, not at all. The Constitution is an intentional obstacle 176 00:10:42,040 --> 00:10:46,079 Speaker 3: to the government. If we learned anything in the Minneapolis 177 00:10:47,160 --> 00:10:50,720 Speaker 3: Maelstrom it is that the government cannot be relied on 178 00:10:51,280 --> 00:10:55,400 Speaker 3: to follow constitutional principles. And Madison knew that, which is 179 00:10:55,440 --> 00:11:00,520 Speaker 3: why he inserted the judiciary between the government and it's targets. 180 00:11:00,800 --> 00:11:05,160 Speaker 3: It's slow, it's cumbersome, but it guarantees human freedom. It's 181 00:11:05,200 --> 00:11:08,600 Speaker 3: because the basic principle of the Constitution is that the 182 00:11:08,760 --> 00:11:13,080 Speaker 3: individual is sovereign and not the state. The individual has 183 00:11:13,200 --> 00:11:16,240 Speaker 3: natural rights and the government only has the authority that 184 00:11:16,280 --> 00:11:20,120 Speaker 3: we have consented for it to have. Yes, sir, that's 185 00:11:20,120 --> 00:11:20,760 Speaker 3: pretty basic. 186 00:11:20,920 --> 00:11:24,439 Speaker 2: Brian takes us right back to the Constitution, most notably 187 00:11:24,520 --> 00:11:28,400 Speaker 2: the Bill of Rights. See judging Thepolitano just spelling out 188 00:11:28,400 --> 00:11:31,080 Speaker 2: for us. People may feel feel free to disagree, but 189 00:11:31,440 --> 00:11:33,160 Speaker 2: I would argue that at least you have the law 190 00:11:33,240 --> 00:11:36,360 Speaker 2: on your side on this, would judge the Politano judging 191 00:11:36,400 --> 00:11:38,040 Speaker 2: freedom someone else. 192 00:11:38,800 --> 00:11:42,640 Speaker 3: I have to say a word for our friend, Congressman 193 00:11:42,720 --> 00:11:49,040 Speaker 3: Thomas Massey, who day after day after day manifests a 194 00:11:49,200 --> 00:11:54,120 Speaker 3: profound understanding of the Constitution and a profound sense of 195 00:11:54,160 --> 00:12:00,200 Speaker 3: personal courage, notwithstanding the horrible statements made about him and 196 00:12:00,320 --> 00:12:04,960 Speaker 3: his wife, I know the United States. When the President 197 00:12:05,000 --> 00:12:08,440 Speaker 3: of the United States to attack his wife, who is 198 00:12:08,480 --> 00:12:14,720 Speaker 3: as libertarian as I am, it's just absolutely plain wrong, 199 00:12:15,040 --> 00:12:19,920 Speaker 3: tasteless and offensive and not presidential. It's not gonna It's 200 00:12:20,000 --> 00:12:24,320 Speaker 3: not going to shape. Congressman Massey one this because he 201 00:12:24,440 --> 00:12:28,400 Speaker 3: is imbued with greatness and strength and backbone that are 202 00:12:28,559 --> 00:12:30,760 Speaker 3: alien to the Oval office. 203 00:12:31,040 --> 00:12:33,520 Speaker 2: Indeed, you know both sides of the political spectrum. On 204 00:12:33,559 --> 00:12:34,880 Speaker 2: top of that Judging and Up all the time and 205 00:12:34,920 --> 00:12:36,559 Speaker 2: Judging Freedom is your podcast? Are you going to be 206 00:12:36,559 --> 00:12:38,559 Speaker 2: speaking with today the. 207 00:12:38,520 --> 00:12:43,840 Speaker 3: Great Colonel Douglas McGregor about how dangerous this flirtation with 208 00:12:44,000 --> 00:12:50,079 Speaker 3: war in Iran truly is. How of the President's advisors 209 00:12:50,080 --> 00:12:53,320 Speaker 3: would listen to the Colonel McGregor. He's surrounded by gung 210 00:12:53,400 --> 00:12:57,319 Speaker 3: ho types who want to invade and the consequences of 211 00:12:57,360 --> 00:12:59,720 Speaker 3: such an invasion will be catastrophic all over. 212 00:12:59,559 --> 00:13:02,439 Speaker 2: The Middle YEP. And that's exactly what Daniel Davis concluded 213 00:13:02,440 --> 00:13:03,920 Speaker 2: the other day and many other times he's been in 214 00:13:03,920 --> 00:13:06,440 Speaker 2: my program, Judging and Apoloitano. God bless you, and I 215 00:13:06,640 --> 00:13:09,880 Speaker 2: certainly appreciate our friendship and our conversations over the years, 216 00:13:09,920 --> 00:13:11,600 Speaker 2: looking forward to a lot of them this year. We'll 217 00:13:11,600 --> 00:13:13,320 Speaker 2: do it again next Wednesday, and I hope between now 218 00:13:13,320 --> 00:13:15,600 Speaker 2: and then you have a safe and healthy week. 219 00:13:16,640 --> 00:13:18,720 Speaker 3: Back back at you, Brian, Thank you all the best. 220 00:13:18,760 --> 00:13:20,960 Speaker 2: Thank you A forty four to fifty five KRCD talk 221 00:13:20,960 --> 00:13:23,880 Speaker 2: station Okaway fifty five krc