Hello, everybody. This is Gerald Salenti. And it’s Wednesday, January 24 20, 242-024-2024 must be a special day. And it is. We have with us Judge Andrew Napolitano. Judge, thank you so much for being here. And I say this every week, and I mean it with all my heart and soul. You know, I read your articles all the time. Every week. We, we talk about them and what you write and what you talk about.

Nobody’s talking about it. Nobody’s talking about it. And it’s all about, really, the foundation of America, what our founding fathers fought for and how we’ve lost it and how it just keeps getting worse. And it’s about the constitution. There was a thing called the Constitution and the Bill of Rights. We have no rights anymore. And you have an article that’s coming out tomorrow, and it’s called government by experts.

You go on to say, I have often thought that after Abraham Lincoln, Woodrow Wilson was our worst president. By worst is meant least faithful to the constitution and most destructive of personal liberty. With the exception of Lincoln’s dictatorship, during which the federal government used violence to crush the state’s natural right to secede from the union they had voluntarily joined and instead brought about the systemic murder of 750,000 persons, America, from its founding to the early part of the 20th century, more or less enjoyed the James Madison model for the federal government.

Judge, what you just wrote here, why you must hate Lincoln. You probably like they. That’s what they say when I make that argument. Yeah, the idiots, the people that swallow the. They’re still in kindergarten listening to the kindergarten teacher, right? The kindergarten teacher told them Lincoln freed the slaves, and therefore the slaughter of southern and northern troops was worth it. It’s such a farce. The madisonian model of government, which, with the exception of the civil war years we enjoyed, was that the federal government can only regulate and spend in the 16 discrete areas delegated to it by the constitution.

It was a limited government that stayed out of your face, and it stayed out of the faces of the states. When Woodrow Wilson came along, he flipped that on its head. And we have had the wilsonian model of government since Wilson was president. And that’s the opposite of the madisonian model. Madisonian model, limited to the 16 powers given to the Congress under the Constitution. Wilsonian model, the federal government can regulate any behavior, tax any event, intrude itself into any process, so long as there is no specific prohibition on doing so in the constitution.

So it’s the opposite of Madison and one of the monstrosities that Wilson created. Most Americans don’t know this, Gerald. Your audience and my audience know this because we talk about it. One of the monstrosities Wilson created under his model of government is the administrative state, a fourth branch of government. It writes its own rules, it interprets its own rules, it enforces its own rules, it punishes its own victims, totally independent of the other three branches of government.

Is it in the Constitution? No, it’s not. What’s an example of it? The Food and Drug Administration, the Environmental Protection Administration, the National Marine Fisheries Service. Who the hell has ever heard of that? Well, the National Marine Fisheries Service dictated a rule that you can only take so many herring and so many lobsters from the sea. And in order to enforce that sea, they put a federal agent on every boat and then every lobster and herring boat, and then they sent a bill to the owner of the boat for the salary of the federal agent.

Well, enough was enough for these fishermen, and they challenged it. It went to a kangaroo court called the administrative court, where the judge works for the same boss that the agency prosecutor does, the secretary of commerce. And of course, the judge and the secretary of commerce ratified their own rule by the time this got to the Supreme Court. The Supreme Court ripped this thing apart in oral argument last week and may very well change the law, which says administrative agencies are not entitled to deference by the court.

And the court can examine why they do what they do, because under the constitution, only the Congress can write these laws. If Congress wants to say x number of lobsters, x pounds of herring, in my opinion, that would be wrong, but it would be constitutional. But when some other entity in the government does that, that’s not transparent, that is not answerable to the voters, that makes up its own rules, that claims it has expertise, and the court says defer to them, that’s wrong.

In my opinion. After that oral argument last week, all of that is going to change. So what happened to these guys, the lobster guys? Well, the case was argued before the Supreme Court last week. We won’t have an answer until April. But I read the transcript of the oral argument, and it’s pretty clear to me that the court is going to not only reverse this crazy rule, it’s going to say when an administrative agency writes its own rule, there is no judicial deference to the agency.

Right now there’s something called the Chevron doctrine. It’s named after a case involving chevron oil, and it basically says when an administrative agency writes a rule because they’re experts. Back to Woodrow Wilson, government by experts because they’re experts, because they know more about what they’re writing about. Lobster and herring from the sea, parts per billion of a pollutant in the atmosphere. The courts cannot second guess them and the courts must defer to them.

That’s the Chevron doctrine. If the court gets rid of the chevron doctrine and there’s no judicial deference to administrative agency, then the administrative agency and the challenger are equal in court. So right now you go into court, the administrative agency doesn’t have to prove its case. The challenger has to disprove the government’s case. That’s absurd. That’s the way it is or was in the Soviet Union, even in Russia, the government is equal to the challenger.

So I think this is going to change. Most Americans don’t know about this and it’s going to take the teeth out of these administrative agencies who’ve been regulating us to death. It’s also going to say to Congress, hey, you want a law, you write it and you justify that law to the voters. You don’t give it to some secret behind the doors group to write the law so that you don’t have to take the heat for know.

You said most Americans don’t know about this and this is why I’m telling everybody. This is why you tune into the judge and you have to go to his station, his podcasts, judging freedom, what he’s telling you and us and informing the people. In the true spirit of America, you’re not getting anywhere else. What you’re talking about judges, most Americans, what we used to say in the Bronx, most Americans don’t know.

Yeah, they don’t know. I can’t use the language, but they’re totally tuned out. You’re telling this here. First of all, you talked about the experts in the government. You’re being very disrespectful because if you look back at the COVID war, stand 6ft apart. I’m an expert. You don’t know what the hell you’re talking about. The wind blows exactly in straight lines every 6ft. Doesn’t go up, doesn’t go down.

I’m an expert. I am in the government. And when you go into a store, follow that arrow. During the COVID war, you walk up that aisle and come back that aisle because the COVID knows which way you’re walking and it ain’t going to bother you. And when you go on an airplane, you better wear that mask. But when you’re eating and drinking, you take it off even though you’re sitting around everybody because Covid knows when you’re eating and drinking and it’s not going to bother you.

I’m a government expert. These are the same idiots who are saying how many lobsters you should catch, right? It’s the same mentality. It’s the same arrogance. And you mentioned the 6ft. I mean, the champion of this arrogance, I’m sorry to say, an Italian American by the name of Dr. Anthony Fauci just admitted under oath last week they made up the 6ft rule that there was no scientific basis for it whatsoever.

Gerald, people went to jail for refusing to follow the six foot rule. And it was made up and the courts refused to second guess it because it came from experts. So what? Everybody needs to know. Again, I was the assistant to the secretary of the New York State Senate. I was at the top, right there. The people in government are the people I couldn’t stand in high school and college that wanted to be class president or head of the student council.

And all these quote experts that work into the government system, they’re bureau craps. They’re little crap heads that can’t get a job in the real world, that suck into the political system, get these positions as experts and become the most arrogant, arrogant little pieces of scum on the planet. I had a guy over here at one of my buildings. You know the beautiful buildings I have? Yes. The 1763 Dr.

Jensen House had a leak in the roof. So I got the guys up there fixing the roof. My staff comes over to me, said, gerald, the building department’s here. They put a stop work order up. I go over there, big sign on the door, stop work order. The guy’s right there. I ripped it off. I said, what the hell is this? He said, you didn’t get a building permit.

I said, I’m not building anything. I got a leak in the roof. Well, the materials that you are using require a building permit. I said, you’re full of crap. I said, get this in your head. I said, you’re a public servant, you work for me. This is a disgrace. All you want is my money because you people don’t work. And all you want to do is to keep stealing our money so you don’t have to work.

And what happened? I had to get a building permit and they put a stop work order. And the guy I hired to do the work, they wouldn’t work because they didn’t want to get fined, right? Again, we call them shitty. It. Yeah, they’re not idiots, they’re shitty. It’s. I did not know about this. This is terrible. This happened about a month ago. And I’m telling you, all the guys, after I finished, they were so happy what I did.

I screamed and yelled at this guy and I said, the taxes that I pay here, the taxes that I pay here, and you’re doing this to me. And the guy. A little coward. Little coward. Yeah. And that’s what the people have to do, and that’s what’s lost in this country. But Gerald, here’s what’s lost on you. He’s an expert. Yeah. Gets back to where we started. This is supposedly a government by experts that people that know, they know more about holes and roofs and building materials than the rest of us.

Really, it’s really absurd. And it gets back to Madison versus Wilson. It gets back to government, well, outside of the constitution, government doing whatever it thinks there’s political support for, whatever it thinks it can get away with, whatever will enhance its own power and wealth. Back to your argument with this guy. You’re taxing me. You want the permit because I have to pay for the permit. Whatever government can do to enhance its power and wealth and it thinks it can get away with it will do.

And that’s the people are in fighting. Right. Fight is gone. Right. You and I do our best to bring that fight back. Both of our podcasts present a substantially alternate point of view. I mean, the point of view that we present, you don’t see in New York Times, Wall Street Journal, New York Post, ABC, NBC, CBS, Fox, where I was for 24 years. You don’t see it anywhere.

I mean, one of my guys just yesterday said, we were talking about you the other day, judge, and we can’t believe that a former host at Fox is challenging the government the way you are. And as he’s saying this to me, this is live. Somebody’s writing in saying Celante and Napolitano should open up a pizza place. There’d be lines around the block. I’ve always wanted to own a pizza place.

We’re both thankful of being like, I just did an interview on an italian television station. And I said, I’m a blessed man. I said, I’m a Napolitano, born in the Bronx. I said, my blood is italian, but my heart’s American. If I was born in Altavela, Pino, Vica, Quentz, I wouldn’t be me. I’m me because I’m an American. And that spirit is know, I want to go back to your article because you mentioned this part that I wanted to know more about.

You said about under this model, the federal government could only legislate, regulate, and spend in the 16 discrete areas of governance. What are some of those areas? Oh, establish a navy, operate a judicial system, preserve patents, regulate interstate commerce, operate a post office. Truly federal things, not national, because a problem can be national, like Covid, but not federal. Just federal things. Those are the 16 discrete areas given to Congress.

But Congress because the type. Well, you know, you just described him, the type of people that go into government want more power and more money. Congress has found ingenious ways, and when they pointed people of like minds to the federal courts, they’ve ratified these ingenious ways to get outside the constitution. So I’ll give you an example. If Congress wants to lower the speed limits on federal highways because they think it’ll either save lives or save gas or be less polluting, it doesn’t do any of the three.

But if they want to do that, last time they did that, they recognized there was no authority to regulate the speed limits. So they came up with this idea of bribing the states. Bribing the states? Yeah. They offered hundreds of millions of dollars to all 50 states to repave the federal highways in those states, providing the states lowered the speed limits on all the roads. South Dakota said, we don’t have speed limits on our highways.

There’s no speed limits to lower. We’ll take the cash, but we’re not taking the strings. They sued. It went all the way to the Supreme Court. Supreme Court said, you want the cash, you take the strings. What left wing Pinko president signed that into law? Ronald Reagan. Wow. So the big government is everywhere. Government by bribery. It doesn’t matter who the president is or what the party is.

Controlling Congress. Staying outside the constitution. Fools on the hill. Great cover. Great. And great choice, Jane. Staying outside the constitution is standard operating procedure. Look at this clown. That’s the speaker of the House of Representatives. When he was a congressman from Louisiana, his voting record would be almost the same as yours and mine. Now that he’s the speaker of the house, he’s like Nancy Pelosi. He’s changed radically because he’s part of the elite, he’s part of the bosses, he’s part of the governing team.

So the world looks very different on the outside looking in than the inside looking out. This lust dominate to tell people how to live, to tell them how to use their own property, like with the roof on your building, to take their assets away from them. This is what we have become today, and Americans need to fight against it. This argument in the supreme Court. Little noticed, Gerald.

Little noticed by the mainstream press, which is why I wrote this. Yeah, I had no idea. The outcome is the way I believe it will be. It’ll be a radical reduction in the power of the federal government. It’s not going to happen overnight, but it’ll make a lot of these administrative agencies, like this group, maritime fisheries, that nobody ever heard of. It’ll make these groups not toothless, but equal to the people that they are challenging back.

I began part of my career. I was the number two guy running a major trade association, and I was also, for that, the government affairs specialist, and it was the chemical industry part of it. But anyway, I remember when OSHA began back in the 70s. Where was that in the constitution? Nowhere. I remember when it began. I remember the fighting against it and how they just pushed it right through.

Right. And now they’re in total control. The guys tell me, on construction jobs that Oshis come by and they require this, require that, require this, require that, and keep breaking their chops over. And the laborers, most of whom are the salt of the earth, are terrified of OSHA and of building inspectors, even when they know OSHA is wrong, because it’s not an OSHA regulated project. Even when they believe the building inspectors are wrong, because you’re not building anything.

You’re just patching up a roof. So you asked me about the powers that Congress has. One of them is to regulate interstate commerce. What did that mean to Madison, who wrote it? He meant to control the movement of goods between merchants over borders. So if you want to sell a wheelbarrow from Kingston, New York, to Trenton, New Jersey, as it crossed the border from New York and New Jersey, the feds could regulate it to make sure New Jersey wasn’t charging a tariff to make it fair for you to sell your wheelbarrow in New Jersey.

That’s what it was written for today, the Interstate Commerce clause allows Congress to regulate anything that would affect interstate commerce. They can regulate a Tupperware party because somebody might be selling Tupperware out of their living room that was manufactured in another state. And therefore, even though it’s immeasurable, it affected interstate commerce. So we’ve gone from one extreme to the other. It’s so sad what’s happened to this country.

And again, you mentioned Madison, Woodrow Wilson, and Lincoln. Was it their decisions, or do you think it’s other powers to be that are telling them what to do? Well, in Lincoln’s case, I think it was his decision to kill and slaughter Americans, he said many times during the civil war, I hate to quote him, but he did say, this war is about preserving the union. It’s not about slavery.

And of course, if you read the Emancipation Proclamation, doesn’t liberate anybody. It expressly preserves slavery in the five border states, which is one third of the confederacy. In the case of Wilson, I think he was riding the crest of a wave. Progressivism was a wave that was overcoming governments everywhere, and he just decided to move it along faster. But he was really serving his masters in the banks and the large corporations.

He and Teddy Roosevelt, under the guise of regulating them, they were actually getting in bed with. So when you look at what’s happened to this country, again, when you and I grew up, there were grocery stores, hardware stores, stationery stores, drug stores, and now they’re all chains. And Oxfam came out with a study. They do this every year when Davos meets 1% of the global population. 1% owns over 40, almost 45% of all the global financial assets in the equity markets, et cetera.

1% owns 43%. You know why that is? It is not the free market that has caused them to accumulate that wealth. It’s central banks and government regulation. Yes. Just the other day, Ron Paul had a great piece. I saw it. These people are crazy. 250 billionaires sent a letter to Davos saying, please raise our taxes. Okay, you want higher taxes? Give the money to the government or give it away however you want.

Ron Paul says, no, don’t raise their taxes. Get rid of central banking, and you will see prosperity popping up all over the place. They will lose money because they won’t be in bed with the government anymore. But the rest of us will become a lot more prosperous. Interest rates will be a function of supply and demand, not the decision of a bureaucrat in cahoots with the bankers. The super rich will no longer be getting bailouts like TARP from the federal government.

They will no longer be getting cheap under market loans like from the import export bank, which, of course, comes from american taxpayers. It will be a level playing field. They’ll never do it. By the way, what has the Supreme Court ruled on? The constitutionality of the Federal Reserve? Never got there. Cases been challenged so many times, it’s never gotten to the Supreme Court. Squea told me, God rest his soul.

He thought that the concept of paper money and the concept of the Federal Reserve would be found unconstitutional. Didn’t get to the know judge. Before we go, I want to tell people about your podcast that you do the people you have on are phenomenal judging freedom. And you could go to this site, just give us a quick wrap up of some of the things that you’ve been talking about.

Well, Colonel Douglas McGregor was a senior advisor to the Trump defense Department. The last two years of Trump’s presidency is one of our principal go to guys, a champion against american empire and american exceptionalism, a champion of bringing the troops home. Scott Ritter in the same category, hands on chief weapons inspector for the UN, conversant with many, many european leaders before, many of whom he has no respect whatsoever, but gives us great insight into the way they think.

Professor John Mearsheimer, one of the foremost political theorists of our era, about how all of our battles overseas and all of our troops overseas are consuming us, much like the Roman Empire felt. Professor Jeffrey Sachs of Columbia University, a liberal Democrat, but on foreign policy, as anti neocon and as strong an argument of bringing the troops home as you can imagine. Max Rosenthal and Aaron mate, two young jewish american scholars, both of whom lived in Israel, neither of them is 40.

Fierce opponents of the Netanyahu regime, fierce defender of the rights of palestinian people. I could go on and on and on. It’s gotten to the point where these top of the line people are calling me saying, you’re going to have me on this week, you’re going to have me on this. And of course, I say yes, because my audience, which is not a fox audience, it’s a anti government, anti war, pro peace, pro free market audience, loves them.

And they get to say what they want and not in three minute fox like clips, but in half hour conversations like you and I are having now. Yes, that’s great. Anti war, pro peace, anti big government. They should put us in jail for that. How dare we speak? Don’t give them any ideas. Actually, somebody sent me an email just yesterday saying, we hear you’re going to be arrested by the federal government.

So, of course, I don’t. But, judge, thanks so much. Oh, by the way, did you see the COVID of this week’s magazine? Yes, I did. You sent it to me last night, Jane, you can put that cover up, right? Misinformation is our number one, right? Did you see, these are just absurd and laughable but worth viewing. I ran them. Tom Friedman of the New York Times interviewed Secretary Blinken, bobblehead like this, agreeing with everything Blinken was saying, but Blinken hand wringing at his worst.

So we juxtaposed that with an interview the BBC did with Foreign Minister Lavrov of Russia, a serious, serious statesman with a serious, deep thinker. It was like night and day. It was humiliating to watch Blinken and compare him to Lavrov. I never thought I’d see the day that I’d be saying this. This is not anti american. This is pro humanity, pro peace. Exactly. War. This little clown, Blinken, the daddy’s boy.

My daddy was ambassador to Hungary. My uncle was ambassador to Belgium. I went to Dalton and Harvard. And an arrogant little boy who’s loved every war since. He’s been sucking off the public tits since about 1994. This guy at Davos. Oh, my heart is broken when I see what’s happening to the Palestinians and bypasses Congress to send a couple of hundred million dollars of our money and our weapons to keep slaughtering the Palestinians.

That’s the little freak you’re talking about. So stupid and unlawful. Stupid. Because why does he have to bypass Congress? Congress will give the Israel government whatever it wants. Violative of law. Because he had to certify under. In order to bypass Congress. He has to certify under oath a, it’s an emergency b, it’s absolutely vital to american national security interests. I would defy him to allow me to interrogate him under oath and have him explain what is the emergency american national security interest at stake here.

Mr. Secretary, please explain, because you just said under oath that there is one. So sad. So sad. What’s happened again? As you well know, I want Judge Napolitano to be president of the United States. We’d have a whole different world. The way, by the way, Max Blumenthal challenged Bobby Kennedy to a debate on Israel, with me moderating the debate. I said, of course I’ll do it at the drop of a hat.

You could sell tickets to that. Bobby hasn’t answered. Bobby hasn’t answered Max. And Bobby hasn’t answered my producers. Nah, he’s a fraud again. Look who he got rid of. Dennis Kasinich, who was a speaker up here at my last rally. That was his campaign manager. And Kasinich ran for president, what, twice as a peace candidate? Got rid of him. And who did he bring in? His daughter in law.

And what was the last job? An ex CIA agent. Yeah, all right. Yeah. Your uncle JFK would really be proud of you, Bobby boy. I say that sarcastically. I know. It hurts me because you and I once loved him. Before we saw what we were loving and before he really turned on us on a couple of issues, not the least of which is the slaughter and Gaza. Yep.

Judge, thank you again for being here. And everybody go to judging freedom because freedom what it’s all about. If you don’t have freedom in your heart and soul, ain’t going to be a happy time. Judge, thanks so much. Thank you, Gerald. All the best to you, my friend. .

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