1 00:00:00,520 --> 00:00:02,639 Speaker 1: As is the case, and thank god at eight thirty 2 00:00:02,680 --> 00:00:05,720 Speaker 1: every one said, we get to hear from the judge. Ninapolitano, 3 00:00:05,840 --> 00:00:09,959 Speaker 1: Heather is in Detroit, Judge, Judge. Apparently Chuck Ingram's on vacation, 4 00:00:10,119 --> 00:00:14,840 Speaker 1: so he didn't get your personalized introduction today. Welcome back, 5 00:00:14,880 --> 00:00:16,759 Speaker 1: your honor. It's great having you on as always. 6 00:00:16,880 --> 00:00:19,680 Speaker 2: Thank you for letting me know before I complained bitterly. 7 00:00:20,280 --> 00:00:23,160 Speaker 1: I know we all missed Chuck when he's not around, 8 00:00:23,280 --> 00:00:25,599 Speaker 1: but at least you know he's alive and he gets 9 00:00:25,600 --> 00:00:27,120 Speaker 1: a vacation because that's. 10 00:00:27,040 --> 00:00:30,160 Speaker 2: And Chuck, if you're listening, you are missed. 11 00:00:30,440 --> 00:00:33,720 Speaker 1: Yes he is, Yes he is. Judge Edna Politano, Oh 12 00:00:33,760 --> 00:00:36,320 Speaker 1: my god. Trying to unpackage again yesterday's election. We had 13 00:00:36,320 --> 00:00:38,400 Speaker 1: a real terrible outcome here in the city of Cincinnati, 14 00:00:38,440 --> 00:00:42,040 Speaker 1: generally speaking, looking at New Jersey and Virginia didn't go 15 00:00:42,080 --> 00:00:43,800 Speaker 1: the way that we were hoping. But they didn't. Those 16 00:00:43,880 --> 00:00:47,080 Speaker 1: races didn't surprise me. The whole Mom Donnie thing has 17 00:00:47,120 --> 00:00:50,480 Speaker 1: really got me. I just don't understand it. I hate 18 00:00:50,479 --> 00:00:52,279 Speaker 1: to hit you over the head with politics like this, 19 00:00:52,400 --> 00:00:54,240 Speaker 1: but I just since you live in New Jersey, I 20 00:00:54,320 --> 00:00:56,880 Speaker 1: just wanted to New York and New Jersey as suppose, well, 21 00:00:56,920 --> 00:00:57,360 Speaker 1: I live. 22 00:00:57,240 --> 00:01:00,319 Speaker 2: In I'm in New York during the weeks, so I'm 23 00:01:00,400 --> 00:01:04,400 Speaker 2: right in the middle of the media heartbeat of all 24 00:01:04,400 --> 00:01:11,800 Speaker 2: the Mamdani stuff. It's just an unusual phenomenon of enthusiasm 25 00:01:11,959 --> 00:01:16,479 Speaker 2: from young people and old time lefties who apparently had 26 00:01:16,520 --> 00:01:19,440 Speaker 2: more or less given up on the system, but were 27 00:01:19,560 --> 00:01:26,680 Speaker 2: attracted by his hard left ideology and his very attractive, 28 00:01:26,880 --> 00:01:35,800 Speaker 2: very endearing personality. He's very charming, very physically attractive young 29 00:01:35,880 --> 00:01:38,960 Speaker 2: man and Governor Cuomo who has been a friend of 30 00:01:38,959 --> 00:01:43,360 Speaker 2: mine as his family has been for many, many years. 31 00:01:44,840 --> 00:01:47,280 Speaker 2: I hate to say this, but seemed to lack the 32 00:01:47,560 --> 00:01:52,720 Speaker 2: energy and enthusiasm that he manifested when he was the 33 00:01:52,720 --> 00:01:56,120 Speaker 2: governor of New York. Now he lost to Mamdanni twice. 34 00:01:56,200 --> 00:01:59,400 Speaker 2: He lost to him in the Democratic primary back in June, 35 00:02:00,040 --> 00:02:03,800 Speaker 2: then he lost last night when he ran as an independent, 36 00:02:04,680 --> 00:02:09,680 Speaker 2: and notably ma'am Donnie by a narrow margin, but nevertheless 37 00:02:09,800 --> 00:02:14,640 Speaker 2: he did exceed fifty percent. So the complaints that the 38 00:02:14,680 --> 00:02:19,120 Speaker 2: Republican Curtis Sliwa, whom the President referred to as a spoiler. 39 00:02:19,160 --> 00:02:22,919 Speaker 2: So the President of the United States and the titular 40 00:02:22,960 --> 00:02:26,520 Speaker 2: head of the Republican Party told the Republicans in New York, 41 00:02:26,760 --> 00:02:28,560 Speaker 2: the few of them that are here, not to vote 42 00:02:28,600 --> 00:02:31,320 Speaker 2: for the Republican candidate, but to vote for Andrew Cuomo. 43 00:02:31,480 --> 00:02:36,040 Speaker 2: If all of them had done that, ma'am, which is unlikely. 44 00:02:36,120 --> 00:02:38,400 Speaker 2: But if all of them had done that, ma'am, Donnie 45 00:02:38,400 --> 00:02:45,120 Speaker 2: still would have won. Now, his victory speech was not 46 00:02:45,480 --> 00:02:50,720 Speaker 2: wrapping his arms around people at all. It was an aggressive, 47 00:02:50,960 --> 00:02:55,680 Speaker 2: pugnacious challenge to the President of the United States. I 48 00:02:55,720 --> 00:02:58,440 Speaker 2: would have wrapped my arms around everybody. I would have said, 49 00:02:58,440 --> 00:03:01,560 Speaker 2: mister President, this is the city of your birth, This 50 00:03:01,600 --> 00:03:03,720 Speaker 2: is the city where you made your name. You built 51 00:03:03,760 --> 00:03:08,440 Speaker 2: great skyscrapers in the city. We welcome you back, and 52 00:03:08,520 --> 00:03:12,679 Speaker 2: we welcome your cooperation. Governor Cuomo. I want you to 53 00:03:12,800 --> 00:03:16,280 Speaker 2: join my administration because you know so much about the city. 54 00:03:16,280 --> 00:03:18,880 Speaker 2: I would have said things like that, but he didn't. 55 00:03:18,960 --> 00:03:21,720 Speaker 2: He just came out swinging as if this was a 56 00:03:21,760 --> 00:03:27,280 Speaker 2: perpetual campaign. Now, one thing that Trump did which helped 57 00:03:27,400 --> 00:03:32,680 Speaker 2: ma'm Donnie and hurt the Republican in New Jersey. And 58 00:03:32,720 --> 00:03:35,000 Speaker 2: I don't know how Trump did this. Because Congress has 59 00:03:35,000 --> 00:03:38,880 Speaker 2: appropriated about six or seven billion for a new tunnel 60 00:03:39,160 --> 00:03:41,680 Speaker 2: under the Hudson River between New Jersey and New York 61 00:03:41,760 --> 00:03:45,400 Speaker 2: badly needed. The new tunnel will be trained and automobile, 62 00:03:45,560 --> 00:03:49,560 Speaker 2: and they've started work on it. They're part way under 63 00:03:50,160 --> 00:03:53,880 Speaker 2: the river, starting from the New Jersey side. He cut 64 00:03:53,920 --> 00:03:58,480 Speaker 2: off the funds on that project, and the Republican candidate 65 00:03:58,520 --> 00:04:03,720 Speaker 2: who's on Trump's coattails, so to speak, refuse to criticize 66 00:04:03,720 --> 00:04:06,120 Speaker 2: Trump for it. Many many people in New Jersey are 67 00:04:06,160 --> 00:04:09,640 Speaker 2: aggravated by that. Many people New York are aggravated by it. 68 00:04:09,720 --> 00:04:14,120 Speaker 2: The project brings thousands of jobs and an enormous economic 69 00:04:14,200 --> 00:04:17,360 Speaker 2: improvement to the area. Trump cut it off in one 70 00:04:17,400 --> 00:04:19,880 Speaker 2: of his peaks of anger. He didn't cut it off 71 00:04:19,880 --> 00:04:25,240 Speaker 2: for any soundly stated reason. So it's a political mess 72 00:04:25,320 --> 00:04:28,799 Speaker 2: here right now. I just hope the city doesn't suffer 73 00:04:28,920 --> 00:04:34,200 Speaker 2: because the mayor likes to tease the president's personality and 74 00:04:36,000 --> 00:04:36,880 Speaker 2: tont his ego. 75 00:04:37,600 --> 00:04:42,800 Speaker 1: Well, does this signal beyond New York that the Democrats 76 00:04:42,839 --> 00:04:45,880 Speaker 1: will be successful in their far leftward lurch. I mean, 77 00:04:45,920 --> 00:04:48,279 Speaker 1: they've been struggling with party identity for a long time, 78 00:04:48,279 --> 00:04:50,560 Speaker 1: and the one thing that says to solidify Democrats is 79 00:04:50,960 --> 00:04:54,159 Speaker 1: just a uniform hatred for Donald Trump. Fine, he's not 80 00:04:54,200 --> 00:04:54,960 Speaker 1: going to be around. 81 00:04:54,800 --> 00:04:58,240 Speaker 2: Leader of the leader of the Democratic Party in the 82 00:04:58,240 --> 00:05:01,880 Speaker 2: state of New York, who is also so the minority 83 00:05:01,960 --> 00:05:05,960 Speaker 2: leader in the United States Senate, was not at the 84 00:05:06,240 --> 00:05:09,440 Speaker 2: Mam Donnie celebration last night. His office is right across 85 00:05:09,480 --> 00:05:11,480 Speaker 2: in New York City, offices right across the street from 86 00:05:11,480 --> 00:05:13,760 Speaker 2: where I am now occasionally see each other in the streets. 87 00:05:13,760 --> 00:05:17,200 Speaker 2: That's Senator Chuck Schumer. He of course, is about to 88 00:05:17,279 --> 00:05:19,839 Speaker 2: face a challenge from the left, from the famous or 89 00:05:19,880 --> 00:05:24,560 Speaker 2: infamous however you want to call her, AOC Alexandria Acassio Cortes. 90 00:05:24,640 --> 00:05:27,839 Speaker 2: She's going to challenge him in the Democratic primary as 91 00:05:27,839 --> 00:05:32,640 Speaker 2: he seeks reelection in twenty twenty six. The only thing 92 00:05:32,720 --> 00:05:37,600 Speaker 2: the Democrats unite around is their antipathy to the president. 93 00:05:37,680 --> 00:05:40,800 Speaker 2: They do not unite around I geology. There is the 94 00:05:40,920 --> 00:05:45,880 Speaker 2: Mam Donnie AOC Bernie Sanders wing, and there is the 95 00:05:46,279 --> 00:05:50,440 Speaker 2: Chuck Schumer wing. I mean this AOC crowd makes Chuck 96 00:05:50,520 --> 00:05:55,880 Speaker 2: Schumer seem like Ronald Reagan, that comparison. It's just it's crazy. 97 00:05:56,000 --> 00:05:59,160 Speaker 2: But they have the enthusiasm. And I'll tell you about 98 00:05:59,200 --> 00:06:07,440 Speaker 2: Mendanni's money. Small donations fifteen dollars fifty dollars one hundred dollars. 99 00:06:08,080 --> 00:06:12,840 Speaker 2: No huge ten million dollar deposits in a political action 100 00:06:12,960 --> 00:06:16,000 Speaker 2: committee by billionaires. If anything, the billionaires in New York 101 00:06:16,080 --> 00:06:18,600 Speaker 2: tried to prevent him, and they aided Cuomo. 102 00:06:19,760 --> 00:06:22,760 Speaker 1: Well, that is an interesting phenomenon and of itself, but 103 00:06:23,240 --> 00:06:27,880 Speaker 1: I guess he prevailed in the city with the largest 104 00:06:27,960 --> 00:06:33,480 Speaker 1: Jewish population in the country. He is an avowed anti Semite. 105 00:06:33,520 --> 00:06:35,799 Speaker 1: I mean, he's on record and he's affiliated with every 106 00:06:35,880 --> 00:06:38,520 Speaker 1: anti Semitic organization there is, and I'm painting with a 107 00:06:38,560 --> 00:06:40,960 Speaker 1: broad brush all acknowledge, but a lot of them. He's 108 00:06:41,000 --> 00:06:44,839 Speaker 1: made some demonstrably horrific comments about Hamas and the Jewish 109 00:06:44,880 --> 00:06:48,400 Speaker 1: people generally, and he refuses to renounce Hamas, for example, 110 00:06:48,440 --> 00:06:51,320 Speaker 1: even the wake of that October seventh massacre. I just 111 00:06:51,360 --> 00:06:54,839 Speaker 1: don't understand how he could get traction in New York City. 112 00:06:54,920 --> 00:07:00,280 Speaker 2: I think the Jewish community in New York City they 113 00:07:00,440 --> 00:07:06,599 Speaker 2: either just gave up the ghost or there are many, many, many, 114 00:07:06,640 --> 00:07:10,520 Speaker 2: Because I have friends in this group, members of the 115 00:07:10,840 --> 00:07:14,520 Speaker 2: Jewish people in New York City who are profoundly anti 116 00:07:15,120 --> 00:07:20,200 Speaker 2: netsan Yahoo, profoundly against what happened in Gaza, refer to 117 00:07:20,240 --> 00:07:25,880 Speaker 2: it as genocide and probably either voted for Mam Donnie 118 00:07:25,960 --> 00:07:30,040 Speaker 2: or didn't vote because they expected him to win. Now 119 00:07:30,160 --> 00:07:34,200 Speaker 2: a Cuomo has always had the support of all the 120 00:07:34,280 --> 00:07:38,920 Speaker 2: major Jewish groups, but of course his elections before this 121 00:07:38,960 --> 00:07:42,960 Speaker 2: one were all prior to October seventh, and never against 122 00:07:43,800 --> 00:07:47,240 Speaker 2: a Muslim who was decidedly anti Jewish, So that also 123 00:07:47,360 --> 00:07:52,320 Speaker 2: is a phenomenon. But you know this, Tucker Carlson, Nick Flint. 124 00:07:52,320 --> 00:07:55,400 Speaker 2: This thing exploded right at the tail end of the 125 00:07:57,440 --> 00:08:00,840 Speaker 2: of the campaign. I'm a friend of Tucker Carlson. I 126 00:08:00,840 --> 00:08:04,160 Speaker 2: wouldn't go within a ten foot pole of Flints. But 127 00:08:04,560 --> 00:08:07,200 Speaker 2: I don't think Carlson is an anti Semite. I think 128 00:08:07,240 --> 00:08:12,800 Speaker 2: Carlson opposes what he believes, and I agree with him 129 00:08:12,800 --> 00:08:15,960 Speaker 2: as the genocide in Gaza, and there are a lot 130 00:08:15,960 --> 00:08:17,960 Speaker 2: of Jewish people in New York that agree with him. 131 00:08:18,040 --> 00:08:22,720 Speaker 2: And that reared its head. It's because of the attacks 132 00:08:22,760 --> 00:08:29,520 Speaker 2: on Carlson in the past ten days. Republican attacks on Carlson. 133 00:08:29,080 --> 00:08:32,120 Speaker 1: Yeah, widespread, and I was actually shocked by all that. 134 00:08:33,160 --> 00:08:36,480 Speaker 1: Real quick here, I appreciated your column which comes out tonight. 135 00:08:36,520 --> 00:08:39,599 Speaker 1: I'm lucky to get it early. Can the President tax you? 136 00:08:39,640 --> 00:08:42,640 Speaker 1: And this of course relates to the levying of tariff. 137 00:08:42,640 --> 00:08:44,199 Speaker 1: This is going to be argued before the Supreme Court, 138 00:08:44,240 --> 00:08:44,560 Speaker 1: is it not. 139 00:08:45,640 --> 00:08:49,080 Speaker 2: It's going to be argued this morning at ten o'clock 140 00:08:49,800 --> 00:08:55,520 Speaker 2: before the Supreme Court. And the funders of the challengers 141 00:08:55,600 --> 00:09:02,800 Speaker 2: are all conservative, Republican and libertarian groups who a year 142 00:09:02,840 --> 00:09:08,160 Speaker 2: ago endorsed to Donald Trump but are profoundly critical of tariffs. 143 00:09:08,920 --> 00:09:11,720 Speaker 2: Tariffs go back to Thomas Jefferson, but they've always been 144 00:09:11,840 --> 00:09:16,240 Speaker 2: enacted by Congress. This is the first president who imposed 145 00:09:16,280 --> 00:09:20,280 Speaker 2: tariffs on his own usurping the power to tax the 146 00:09:20,360 --> 00:09:23,640 Speaker 2: tariff as a sales tax. The question is did Congress 147 00:09:23,720 --> 00:09:26,520 Speaker 2: give away its power? And then the question is can 148 00:09:26,600 --> 00:09:30,880 Speaker 2: Congress constitutionally give away its power? I've read these two statutes, 149 00:09:30,920 --> 00:09:33,280 Speaker 2: telling Blue in the face, you can't find the word 150 00:09:33,360 --> 00:09:37,319 Speaker 2: tariff's in there specifically or even by implication. 151 00:09:38,240 --> 00:09:40,560 Speaker 1: You refer to the National Emergencies Act in nineteen seventy 152 00:09:40,559 --> 00:09:42,600 Speaker 1: six that he's claiming the right to do this under. 153 00:09:43,400 --> 00:09:47,400 Speaker 2: Yes, yeah, there's a four a Gerald Ford era statute 154 00:09:47,440 --> 00:09:52,040 Speaker 2: and then another one Jimmy Carter era. He's also claiming 155 00:09:52,120 --> 00:09:54,360 Speaker 2: that this is an emergency. When you ask him what 156 00:09:54,400 --> 00:09:56,839 Speaker 2: the emergency is, I don't know how the doj is 157 00:09:56,880 --> 00:09:59,680 Speaker 2: going to say this is an emergency with a straight face. 158 00:09:59,800 --> 00:10:03,240 Speaker 2: When justice course that you asks them what's the emergency? 159 00:10:03,440 --> 00:10:06,079 Speaker 2: They claim the imbalance of trade is an emergency. Well, 160 00:10:06,080 --> 00:10:08,760 Speaker 2: we've had an imbalance of trade since nineteen thirty four. 161 00:10:08,840 --> 00:10:13,440 Speaker 2: That's ninety years. How could that be an emergency. There's 162 00:10:13,480 --> 00:10:18,600 Speaker 2: a federal definition of emergency a sudden and unexpected event 163 00:10:19,400 --> 00:10:24,880 Speaker 2: that adversely affects the national security or economic stability. So 164 00:10:24,920 --> 00:10:27,920 Speaker 2: you're talking about a surprise military attack or a hurricane. 165 00:10:27,960 --> 00:10:32,640 Speaker 2: You're not talking about a ledger sheet that has existed 166 00:10:32,920 --> 00:10:34,200 Speaker 2: for ninety years. 167 00:10:34,440 --> 00:10:37,000 Speaker 1: Well, and given them were the wealthiest country on the planet, 168 00:10:37,040 --> 00:10:38,760 Speaker 1: you would expect a trade in balance because we have 169 00:10:38,840 --> 00:10:40,880 Speaker 1: enough money to buy stuff from other contact. 170 00:10:41,440 --> 00:10:44,559 Speaker 2: So if you run up your credit card to its 171 00:10:44,640 --> 00:10:47,959 Speaker 2: limit and you owe the credit card company more than 172 00:10:47,960 --> 00:10:50,840 Speaker 2: you have at the moment in your checking account, you 173 00:10:51,000 --> 00:10:55,640 Speaker 2: have a personal trade imbalance. Is that the fault of 174 00:10:55,679 --> 00:10:58,760 Speaker 2: the companies that sold you the products? No, you're going 175 00:10:58,800 --> 00:11:02,000 Speaker 2: to punish them. No. Trump looks at it differently. He 176 00:11:02,040 --> 00:11:04,240 Speaker 2: claims it's the fault of foreign governments, and so he 177 00:11:04,280 --> 00:11:05,840 Speaker 2: wants to punish them with tariffs. 178 00:11:06,240 --> 00:11:11,319 Speaker 1: So the mechanism to actually do. This is congressional action, correct, 179 00:11:11,520 --> 00:11:15,240 Speaker 1: And here we find ourselves with nothing but congressional inaction 180 00:11:15,480 --> 00:11:19,040 Speaker 1: on literally everything. This is where the problem of expedients 181 00:11:19,080 --> 00:11:21,000 Speaker 1: always enters into the equation with you and I and 182 00:11:21,040 --> 00:11:23,680 Speaker 1: everybody else. People want stuff done right now. They're not 183 00:11:23,720 --> 00:11:26,920 Speaker 1: willing to wait for the constitutionally founded process to go through, 184 00:11:27,160 --> 00:11:30,240 Speaker 1: and when that process fails, people immediately defaulted, We'll just 185 00:11:30,280 --> 00:11:32,400 Speaker 1: go ahead and do it anyway. It's like launching a lot. 186 00:11:32,480 --> 00:11:36,280 Speaker 2: That is actually part of the DOJ's problem. The DOJ 187 00:11:36,480 --> 00:11:38,720 Speaker 2: lawyer is going to point to be in the courtroom. 188 00:11:38,880 --> 00:11:40,960 Speaker 2: It's going to point across the street to the Capitol 189 00:11:41,000 --> 00:11:45,040 Speaker 2: and say that building is closed. They can't agree on anything. 190 00:11:45,520 --> 00:11:48,400 Speaker 2: The government is shut down. What is the president supposed 191 00:11:48,440 --> 00:11:48,640 Speaker 2: to do? 192 00:11:48,880 --> 00:11:49,040 Speaker 1: Right? 193 00:11:51,040 --> 00:11:53,760 Speaker 2: That doesn't mean he can tax, but it does mean 194 00:11:53,800 --> 00:11:57,000 Speaker 2: he has to run foreign policy without the Congress. 195 00:11:58,080 --> 00:12:01,680 Speaker 1: Yes, indeed, well, at least in the constitution he is 196 00:12:01,720 --> 00:12:05,040 Speaker 1: responsible for foreign policy. But as you point out, taxes 197 00:12:05,120 --> 00:12:08,080 Speaker 1: are not foreign policy, and tariffs are invested in the 198 00:12:09,080 --> 00:12:12,679 Speaker 1: part of the congressional responsibility complicated. It is your honor, 199 00:12:12,679 --> 00:12:17,120 Speaker 1: And of course gridlock tends to result in actions of expedients. 200 00:12:17,520 --> 00:12:21,920 Speaker 1: Perhaps Unlawful Judging Napolitana. Judging Freedom is your podcast. You 201 00:12:21,960 --> 00:12:24,120 Speaker 1: do it all week. What's going on today? Your honor 202 00:12:25,120 --> 00:12:25,520 Speaker 1: might have. 203 00:12:25,559 --> 00:12:31,559 Speaker 2: Professor Glenn Dieson and XCIA agent to Phil Giraldi, and 204 00:12:31,600 --> 00:12:37,040 Speaker 2: tomorrow Colonel Douglas McGregor and Colonel Lawrence Wilkerson who worked 205 00:12:37,080 --> 00:12:39,280 Speaker 2: with Dick Cheney and is going to refer to him 206 00:12:39,280 --> 00:12:41,160 Speaker 2: as a war criminal. 207 00:12:43,160 --> 00:12:47,120 Speaker 1: Somehow, that seems like it's expected. Good job. We'll be 208 00:12:47,320 --> 00:12:49,560 Speaker 1: listening to the Judging Freedom. I'll courage my listeners to 209 00:12:49,559 --> 00:12:53,080 Speaker 1: find that podcast and enjoy your conversations. Always excellent they are, 210 00:12:53,120 --> 00:12:54,880 Speaker 1: and I always appreciate your time here in the fifty 211 00:12:54,920 --> 00:12:55,640 Speaker 1: five carese. 212 00:12:55,440 --> 00:12:58,760 Speaker 2: Morning as much as I appreciate the time you give me. 213 00:12:58,800 --> 00:13:00,000 Speaker 2: Thank you, Brian, thank you. 214 00:13:00,000 --> 00:13:01,960 Speaker 1: I have a wonderful week, my friends, eight forty two. 215 00:13:02,040 --> 00:13:03,839 Speaker 1: Right now fIF you have k see the talk stations, Joe, 216 00:13:03,880 --> 00:13:04,480 Speaker 1: open the phone line,