Judge Napolitano Responds To United States Supreme Court Draft Leak And Biden's Disinformation Board With Legal Precision And Historical Perspective.


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Brannon Howse: Good evening. Welcome to Brannon House Live. Glad you are with us. Joining me tonight will be Judge Napolitano. Judgenap.com is his website. Tonight, I want to share with you the story of Jeremiah Denton and Red McDaniel. Jeremiah Denton was a man that spent eight years he’s supposed to be, I think, one of the longest-held POWs during the Vietnam War. Brutally tortured. You'll hear him talk about it tonight. He passed away in 2014. He was one of the men that understood communism because he suffered under communism. We'll also hear from a man I interviewed last year, Red. That's his nickname, Red McDaniel. He was shot down and spent time at the Hanoi Hilton, the same place as Jeremiah Denton. Jeremiah Denton went on to become a United States Senator. I'll play some clips of Ronald Reagan with him. We'll talk about the movie that was based on his life: When Hell was in Session. Why am I discussing this tonight? I dealt with this on my radio show today from 1 to 2 and on the 60 radio stations, I'm on.

And we picked it up, of course, here at Lindell TV. We were flooded with phone calls and emails. Phone calls during the show and emails after. People said, "We need to hear more of this. We want to hear more of this." Why? Because there seems to have been a loss in America maybe for the last at least two decades or since the fall of the Berlin Wall of anti-communist campaigns. In October of 1961, there was a strong anti-communist movement, and there were guys like John Wayne and Ronald Reagan who were a part of that. In fact, they even held a multi-hour event in Hollywood. Hollywood's Answer to Communism. That was in October of 1961.

John Wayne produced, The Green Berets. He wanted to use his money and his national fame to show Americans just how cruel communism really was and to support our troops fighting communism. So, he put his money where his mouth is, and he produced The Green Berets, a film I watch a couple of times a year. Watched it again about two weeks ago. The problem is we don't have a lot of men today that understand the horrors of communism. Many of our young people think that communism is just about community or the common good or social justice. Tonight, you'll hear from two men that not only understood communism but suffered brutally.

And you'll come to understand communism is something we better wake up to because we're in the middle of a revolution right now. You're going to hear something that's going to leave many of you, I think, emotional. But it's also going to challenge us. Are we willing to count the cost? To save America? These are men that fought communism over there in hopes we wouldn't have to fight it here. Well, my friends, we are. Just how evil is it? You'll find out soon. Joining me first is Judge Napolitano. Judge, welcome back to the broadcast. Thank you for joining us.

Judge Napolitano: Brannon, it's so nice to be with you. You know, we agree on so many things, and now I find out that we have a common hero in Jeremiah Denton, an extraordinary, extraordinary Christian American patriot, the likes of which we have rarely seen in the lifetimes of people watching us and listening to us now. When I met him, I was deeply, deeply moved, and I had goosebumps on my arms. I know that's not why I'm here.

Brannon Howse: I am so glad you're saying this. Judge, keep going.

Judge Napolitano: He was just a giant. He was selfless. He was patriotic. He understood the need for a strong military, but a military run by civilians. And he understood the Jeffersonian ideal that, "Government is best, which governs least." He was a model Admiral, Senator, a model American, and even a model man.

Brannon Howse: Absolutely. I'm so glad you said that. I didn't know you knew him. I never had the chance or the honor to meet him. I'm envious that you did. I do remember being a rather young child. I'm 53 as of last month.

Judge Napolitano: You are a youngster.

Brannon Howse: It's all relative. The guys in the control room think I'm old Judge, but it's all relative, right? They're 19 and 20. What do they know?

Judge Napolitano: When I was at Fox all of my bosses were under 25.

Brannon Howse: Yeah, that does that makes you feel old, but at the same time, it makes you feel young having young people around. In 1979, I was living in the Northern Virginia area. My father was with the Department of Agriculture. I remember sitting in front of the television in 1979 as they debuted for the first time the life story of Jeremiah Denton When Hell was in Session. And sadly, there are a lot of Americans that have never seen that film. Can you imagine a film being made like that today? A film being put on television today that shows the reality, the brutality of the Communists or the Green Berets for that matter? Of course, Ronald Reagan tells the story of them trying to shut down and cancel the Green Berets. I have him in one of my documentaries talking about how he and Nancy wanted to go to the theater.

They kept trying to get tickets to go see John Wayne’s friend's movie, The Green Berets. They kept being told it's sold out. It's sold out. You can't get in. And he thought something's not right. He came to find out that it wasn't sold out at all. That was what was being said so people wouldn't come, and it would have empty seats. He called the Duke and he told the Duke what was going on. The Duke rattled some chains and shook some cages, and that got stopped. And John Wayne was able to make back the $8 plus million dollars or whatever the figure was, if I remember correctly off the top of my head, pretty quick and get into profit. But they were trying then to cancel, and the Progressives didn't want people to see the truth about the brutality of the communists. And I don't know if they would put a film like Jeremiah Denton’s on anymore.

Judge Napolitano: Sounds like it hasn't changed at all.

Brannon Howse: Well, no, it hasn't. And I don't know if, Judge, they would put a film anymore on a mainstream network like the story of Jeremiah Denton. Do you?

Judge Napolitano: No. It would take people like Mike Lindell to run it because the mainstream people don't want you to hear that. Just like Joe Biden doesn't want you to hear the truth so he has, and again, I know this is not what we're planning to talk about, he has, for the first time in the history of the Western world, outside of Orwell's Novel 1984, the Ministry of Truth, operating out of the executive branch of the federal government to correct us when we misspeak. I can't wait till that gets before the Supreme Court.

Brannon Howse: Well, Judge, you brought it up. So let's touch on that because today we now see well, it goes back to the Obama era with the Department of Homeland Security saying that potential terrorists were veterans, people that are pro-life, people interested in end times, Bible prophecy, people that were that are concerned about immigration, open borders, those were all potential terrorists in the Department of Homeland Security document back in what, 2009, 2008.

Now, we know that if you question the election, you're now a domestic terrorist. It's ratcheting up now. Now, Biden has come out and said that the most extreme group in America is pro-lifers. After the draft has been leaked there from the court, which we're going to talk about. And the MAGA crowd, he says the MAGA crowd. This is the most extreme, really? That's interesting because last I checked, it's not the MAGA crowd putting up legislation in California that allows for the killing of a child 28 days after its birth.

Judge Napolitano: Right. And the MAGA crowd is not advertising come to California and have your abortion here. We'll pay for the abortion. We'll pay for your travel. We'll pay for your lodging. This is almost inconceivable in America, and it's becoming infanticide. That's exactly what it is. We ran a quote on Judging Freedom this morning in which Joe Biden acknowledged, who knows if he acknowledges these things or if he doesn't think about them or how he thinks about what he says or doesn't think about what he says. But he said, "Well, we all know that abortion takes the life of a baby."

Brannon Howse: Yes.

Judge Napolitano: Wow. Thank you. Mr. President, we've been saying that since 1973. Abortion takes the life of a baby. The baby in the womb is a person, and a person is entitled to equal protection of the laws under the 14th Amendment. If they're going to protect a postnatal person like you and me and everybody watching and listening to us, they have to protect prenatal persons. They can't just draw an arbitrary line. That's the natural law, natural rights argument. That's not what Sam Alito wrote. He would never have gotten a majority for that. But Sam Alito and I'm going to take a step back. I'm not neutral here. I am not pro-life. I am fiercely pro-life. And Sam Alito is my boyhood friend. We were classmates at Princeton together for four years.

And we've remained good friends. He is brilliant and fearless. So, Sam Alito sees the evil of abortion and realizes if he can shrink the evil, he can't eliminate it, but if he can shrink it substantially, he's going to do some good. So rather than abortions being lawful during the first trimester, everywhere in the country, state legislatures that believe that human life begins at conception can criminalize abortion from the moment of conception in half the country. So, half a loaf is better than none.

Brannon Howse: Judge, tell me where you think this goes in regard to the Democrats and Biden, they seem quite scared about where this is going to go. Where is this going to go in regard to saying, “Okay, states can decide on other things, the Second Amendment or whatever it is the states want to decide on?” In other words, is there going to be empowerment finally again to the states and an honoring of the 10th Amendment of the US Constitution?

Judge Napolitano: I certainly hope so. And if you read Justice Alito's opinion in my apology for calling him Sam earlier. I mean, he’s my boyhood buddy. I apologize for that. But if you read Justice Alito's draft opinion and if you assume that it or something substantially similar will be the opinion of the court, then yes, there is going to be a return to power to the states for the first time since 1868, the 14th Amendment, when the radical Republicans were trying to rape states’ rights in the aftermath of Lincoln's assassination. For the first time since then, you'll see power begin to flow from Washington to the states. Abortion is different from the right to keep and bear arms because the right to keep and bear arms is mentioned right there in the Constitution.

Abortion is mentioned nowhere. Abortion is either some bizarre, perverse form of health care, which is what the pro-abortion crowd calls it, or it's a criminal matter, which is what all 13 colonies called it. All 13 states called it. Every state in the Union in 1868 called it. So, the Supreme Court opinion that Justice Alito drafted is basically saying it never was a federal issue. It never was intended to be a federal issue. We're sending it back to the states. If you want to live in an abortion society, come here to New Jersey or go to crazy California. If you want to live in a society where human life is respected, go to Louisiana. Go to Texas. Go to Missouri. Go to Pennsylvania. Go to Mississippi.

Brannon Howse: Do you think, Judge, that the justices look at what's happening to the country, the division, a lot of people on the right, the left, the center. A lot of them for the last few years and increasingly so use the term civil war. And that's the last thing I want to see our country go through. I've studied the Civil War and what it would mean for our country, and it would be horrific. But do you think they watch the temperature in America and politics enough in America to say if we're going to keep this union together and we're going to be nine justices and oversee the United States of America, we better start returning some power to these states?

As you just said, those that want to live in New Jersey or California, you go there. Those that want to live in Tennessee and Texas, and Mississippi that are more conservative you can go there. Do you think they ever take into their mind, not just as judges but as political students as well, and say, we better do something here, or this nation is going to fall apart? Let's at least give them the option to separate without separating.

Judge Napolitano: I think they do. I mean, there's a famous quote from the late Justice William Brennan, a liberal from New Jersey, appointed by Eisenhower. Eisenhower would go on to say, “The worst damn fool mistake I ever made, Brennan and Earl Warren.” But that's another story for another time. But Brennan once argued and said, "Federal judges read election returns." Yes, we know what's going on in the world, and we know what the public wants. However, they are the anti-democratic branch of the government. Their job is not to answer to the wishes of the people. Their job is to preserve the life, liberty, and property of the minority babies in the womb from destruction by the majority. Roe versus Wade that's their job.

"Come What Let There Be Justice Though the Heavens Fall." Is what is carved in the Supreme Court courtroom. “Let There Be Justice Though the Heavens Fall.” Now there are a couple of paragraphs in Justice Alito's opinion that say, "Roe versus Wade claims it was written to unify the country." Period, next paragraph. "There has not been a Supreme Court opinion in the post-World War II era that has divided the country more bitterly, that has failed more obviously, than Roe versus Wade. Roe versus Wade is not based on any science. It is not based on any law. It is not based on any precedent. It is not based on any history. It was Justice Blackmun; he created it and persuaded his colleagues on the court to accept." That's why this draft opinion says, "Roe versus Wade was wrong from the beginning and is wrong now."

The bad thing about this, Brannon, is look, Roe versus Wade was leaked. I know it was leaked three days early, but it was the full opinion that was leaked. It wasn't a draft. It wasn't a work in progress. It was the final 7 to 2 majority opinion of the court in dissent by Justices White and Rehnquist. What this person leaked, obviously, with some agenda. And I can tell you what I think the agenda was, which was to leak a work in progress. So, if the final opinion is anything different than what was leaked, history will forever speculate why did Justice Alito change this? And why did Justice Alito change that? It's simply outrageous.

The Chief Justice is right. It's an assault on the process. It's an assault on the integrity of the court. You write for a living. I write for a living. Everything we publish is the final version that's been preceded by maybe ten or fifteen other versions. We throw them out. We delete them. We want to give our best product, not the first product. But this person is either a liberal trying to shake loose the weakest link in the majority of five or a conservative trying to bolster the weakest link in the majority of five.

Whoever it was and whatever their motivation was, they've egregiously stepped out of bounds. If this was a computer hack, it's a felony. Look, the feds are the biggest hackers in the world. We know that. But they do prosecute computer hacking, particularly when they are the victim of it. If it was not a computer hack if it was somebody who had lawful possession of this draft and gave it to Politico, that person, if a lawyer, will surely be disbarred. If a federal employee will surely be fired and it's hard for me to believe anyone would trust anything that person says for the rest of their life.

Brannon Howse: Well, I've read reports tonight that now they're docking the homes of the Justices. Again, if the Justices were living in a bubble as to what it's like for lawlessness and anarchists and Marxist to have charge, they're very aware of it tonight. Nothing rocks anybody's world more than having your home docked when you have your spouse and kids there and those that are part of that household. Again, I think this might backfire. What do you think?

Judge Napolitano: Well, initially, I thought this was an unbelievable gift to the Democrats. I mean, this changes the conversation from Biden's incompetence and inflation and $6 a gallon gas to abortion. This is exactly what the Democrats want. But they may overplay their hand. If they start threatening Justices. If they start threatening the court. There have been some threats, but it's very, very mellow.

Take a look at the Supreme Court tomorrow morning. It looks like an armed camp. It's surrounded by a chain-link fence and barbed wire. It's sinful. It's tear-jerking to look at that. But if the Democrats overplayed their hand, this will explode in their faces. Right now, Chuck Schumer is elated because he believes he has a winner, and he believes that emotional and social issues trump economic issues and issues of competence. We'll see.

Brannon Howse: Before we let you go, tell me about some of the latest articles over at Judgenap.com. What have you been writing on over there?

Judge Napolitano: My column this week says the Bill of Rights should really be called the Bill of Temporary Privileges because the government has so trampled liberty. The director of National Intelligence revealed last week that the FBI, without a warrant, has been searching into the emails, phone records, and fiber optic cable transmission of 3.4 million Americans. It turns out it's 3.4 million searches. Each search can go into the records of tens of thousands of Americans, all of it without a warrant. Yet it's perfectly lawful because when the Bush administration was caught with its pants down spying on Americans without warrants, they decided to make it legal.

So, it is legal for the FBI to do this. It's still profoundly unconstitutional because the Fourth Amendment outlawed warrantless searches. What terrifies me is that there's no outrage. The government is insisting on permission slips before we exercise our liberties. The government doesn't take the Constitution to mean what it says. And it's only people like you and me and Ron Paul and Thomas Massie and Mike Lindell and Trump and a few others that even bother to complain about it.

Everybody else says, "Oh, well, privacy is gone. What do you expect?" What do I expect? I expect that the people who took an oath to preserve, protect and defend the Constitution will take that oath seriously. They don't.

Brannon Howse: I agree. Tell our audience where they can hear your program.

Judge Napolitano: Judging Freedom podcast, usually on YouTube. Although I've discovered something I never knew existed, and I'm getting hundreds of thousands of hits on it now. I don't know if this is something for young people or what it is. Your son will know. TikTok.

Brannon Howse: Oh yes. TikTok.

Judge Napolitano: TikTok. I get so many hits on TikTok saying, "Show us, Chris. Show us the dog. Bring the dog on again." So, I have these rather serious discussions of the law four or five times a day on Judging Freedom and the Tik Tok crowd wants more of it, and they want more animation, so we'll give it to them.

Brannon Howse: That is true. They also do that on Instagram if you haven't gotten over there.

Judge Napolitano: I haven't gotten there yet, but my producer will probably push me there next week. Next week, for the first time, I'm going to be on with one of my former Fox colleagues. Since I left Fox and since she left Fox, Megan Kelly.

Brannon Howse: Oh, congratulations!

Judge Napolitano: I am looking forward to that. I ran into her in a theater. She looks at me, and she goes, "Judgie, where you been?"

Brannon Howse: Well, congratulations. We'll be watching for that. So, it's judgenap.com, and then tell them again where they can find the podcast.

Judge Napolitano: Judging Freedom, Judgenap.com has all of my podcasts. Hundreds of them and all of my columns. Judging Freedom, if you like and subscribe, you get a notification and a ping whenever I'm coming up because I pop up whenever there's breaking news. Sometimes I even beat Fox to the punch.

Brannon Howse: That's not hard to do.

Judge Napolitano: When I pop up with breaking news.

Brannon Howse: That's not hard to do because they have to put it through so many filters and producers and everybody.

Judge Napolitano: Exactly. There's no bureaucracy. All I do is turn the camera on and go.

Brannon Howse: That's exactly right. We often do that here. Like we got to talk about that tonight. Boom. It's a day or so before, it's got to make it to all those writers and get in the teleprompter. That's the beautiful thing about the new technology, isn't it? We can just go right now.

Judge Napolitano: And I have to compliment you on your newest anchor, not because he's been a friend for 45 years and not because I love him, but because he knows what he's doing, Roger Stone.

Brannon Howse: And he's fun, and he's just flat-out fun.

Judge Napolitano: And talk about Sam Alito being fearless, Roger is fearless.

Brannon Howse: He absolutely is. And he's got style. Yesterday he was wearing a cowboy shirt and a cowboy hat during the show.

Judge Napolitano: Yes. Yes.

Brannon Howse: So, he's got style.

Judge Napolitano: He's probably going to rip me apart because I don't have a necktie on even though it's after dark and I'm ready for bed.

Brannon Howse: That's all right. Mike Lindell doesn't wear a necktie every night. I do pretty much 99.9% of the time. But he doesn't do it, so you're fine. We, of course, appreciate your being with us. Other than when I wear my Elvis jacket. But good seeing you.

Judge Napolitano: Next time I'm on with you, which I hope is soon. I love these gigs. I want to see the Elvis jacket.

Brannon Howse: Oh, I will. I will let you see it. I've got the blue one with the white stripes, and I’ve got the red one with the white stripes because he wore those in a movie about racing. You do know I'm just outside of Memphis, so I go and get those at the tailor shop from the tailor that made all of his clothes. The son is still running the tailor shop. So, I picked that up at The Peabody, where that shop is.

Judge Napolitano: That's fabulous.

Brannon Howse: Well, we like these visits as well, Judge. So, we'll be having you back soon.

Judge Napolitano: Thank you, Brannon. All the best to you.

Brannon Howse: You too, sir. Judgenap.com, folks.


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