AMERICA: THE DEPLORABLE STATE OF AFFAIRS

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AMERICA: THE DEPLORABLE STATE OF AFFAIRS

Summary

➡ The text features a discussion between Gerald Salendi and Judge Andrew Napolitano on the issue of conspiracy laws, specifically regarding convicted individuals who were not present on January 6, 2021. Judge Napolitano argues these laws punish thought crimes and violate the First and Ninth Amendments, and the discussed convictions were based on the expression of anti-government sentiments rather than actual harm, a situation he finds troubling.
➡ The text discusses the perceived misuse of power by the American FBI and federal prosecutors in conspiracy cases. It also criticizes the actions of political leaders, including Joe Biden and Justin Trudeau, accusing them of corruption and pointing out the negative consequences of their policies, both domestically and internationally. Finally, it inveighs against the negligence of the younger generation towards these issues.
➡ The text criticizes the media’s lack of coverage on International Peace Day and their propensity to promote war. It also praises and encourages visits to a site called Judgingfreedom.com for unique insights on world affairs.

Transcript

Hello, everybody. This is Gerald Salendi, and it’s Wednesday, September 27, 2023. And once again, we’re honored to have with us a man of men, a true American patriot, and not just in words and deeds, but in facts and knowledge. Judge Andrew Napolitano when it comes to the Constitution and the Bill of Rights. As I say, bring anybody around and we’ll talk about it. Nobody could top him, because not only does he know about it as a judge, he ruled about it.

And, Judge, thanks for being on again. And you have an article that’s coming out tomorrow, and it’s very sad how the United States government has turned against its people. And it’s about what happened on January 6 back there in 2021 when the state punishes thoughts, and it’s about what happened with the proud boys. So tell us more about that. Well, everybody has their own image and impression of January 6.

To some people, it was a political demonstration that the government repressed with an iron fist. To others, it was a substantial and material disruption of a governmental function, and those who engaged in it should be prosecuted. But the article is about four people who weren’t even there and who were charged with sedition and convicted of sedition. Sedition is a conspiracy to overthrow the government of the United States of America by violence or force.

So I have argued that there’s no such crime as a conspiracy. It’s just a thought crime, since it’s impossible, inconceivable, that four people could overthrow the government of the United States by force. What’s being prosecuted is just their thoughts. There’s no harm. They had nothing to do with it. They didn’t cause it. If they caused 911, they would have been prosecuted excuse me, january 6, they would have been prosecuted for it.

If they caused any bodily injury, they would have been prosecuted for it. If they caused any property damage, they would have been prosecuted for it. Instead, they were prosecuted for a conspiracy, an agreement to overthrow the government. But conspiracy laws are unconstitutional because every definition, every acceptable definition of crime requires that there have been harm. No harm, no crime. When the crime wasn’t committed, there’s no harm. Therefore, what’s being punished? The thoughts, the communications, what does the First Amendment protect? Think as you wish.

Say what you think. Publish what you say. That’s the deplorable state of affairs that we have today. The great trial lawyer Clarence Darrow, in another era and using different monetary amounts, once said, if a man steals $10, he’s not going to go to jail. But if two men conspire to steal $10 and then don’t do it, they are candidates for imprisonment. What kind of a country does this to its own people? Ours.

You mean these people that were convicted weren’t even there? Correct. They were not physically present in Washington, DC. They were convicted on the basis of fanciful ideas and conversations that they had. Wouldn’t it be nice if this could happen. Wouldn’t it be nice if that could happen? It would be great if we could really expose the fact that Biden lost and Trump won. Whether that’s factually true or not is not the point.

The point is they were prosecuted for expressing those thoughts. So conspiracy, which only one Supreme Court justice denounced bob Jackson, who was FDR’s attorney general, one of his attorneys general and then Supreme Court justice and then left the court, took a leave of absence from the court to become the chief American prosecutor at Nuremberg if his name rings a bell, and then went back to the court. He’s the only one that criticized conspiracy, saying it’s the garden of the prosecutor’s favor because they don’t need a victim.

They claim the government is the victim, and they don’t have to prove harm, but it’s a thought crime that they’re punishing. So, in other words, if I said, I’d like to see this damn government overthrown, I can’t stand these people, that I could be convicted for that. Well, it does require that one step be taken in further the idea. First of all, it requires at least two people.

So two or more people agreeing to commit a crime where one of them takes a step, even an innocent step, in furtherance of it, like calling somebody else up and saying, are you interested in overthrowing the government? Yes. They could prosecute that under the current prevailing conspiracy laws, which is why I wrote this piece, to expose what the government has done. And it’s not just the deep state.

This is Congress. Congress has given the FBI and federal prosecutors a gift wrapped in a pink bow called the conspiracy. And the state governments have done the same thing. You have a next door neighbor, and neither of you like where the sidewalk is. I’m going to move the sidewalk. I want my front yard to be a little larger. Yeah, I’m going to do the same thing. And one of you goes to buy a shovel.

They could prosecute the two of you for conspiracy to steal government property. That’s how loosey goosey and dangerous in a free society these conspiracy statutes are. And they were used to the hilt. Gerald, these guys didn’t get 18 months. They got 18 years for sitting around a hotel room in Arlington, Virginia, and fancifully talking about what they would like to have happen to the federal government. When I tell everybody that there’s nobody that knows the Constitution, the Bill of Rights, like you do, it’s not only words, it’s also deeds, because you mentioned over here.

I have argued, and in my years as a judge in New Jersey, I have ruled that the answer to this is no. If the conspirators concoct a plan that is impossible to pull off, like four persons overthrowing the United States government by force, then there is no harm. And the prosecution is exclusively for the employment of forbidden mental processes. Who the hell is the government to punish us for forbidden mental processes? The First Amendment that guarantees the freedom of speech.

In order to speak, you have to be able to think. It protects the right to think. The 9th Amendment protects natural rights that are unenumerated in the first eight. It is clear beyond dispute that the right to think as you wish and say what you think is a fundamental liberty, absolutely protected by your natural rights as a human being and insulated from and immune from the government reach by the first and the 9th Amendment.

But the government prosecutes who it wants in the courts cave. The courts presume that whatever statutes Congress has written are constitutional, even when they violate the right to think, even when they violate the First Amendment, even when they violate the 9th. Judges should presume that all statutes are unconstitutional because every law I defy you to find one that doesn’t fit in this category. Every law either prohibits or compels behavior.

Since we’re born in a state of freedom. Every law, every prosecution, every statute should be presumed unconstitutional, and the government should have the burden of overcoming that presumption. You said before it’s a deplorable state of affairs. That’s what’s happened to this country. And you also mentioned that during the trial, an FBI agent admitted on the cross examination that an FBI colleague asked her to alter evidence so as to remove the names of other FBI agents as having been present during a critical government meeting between agents and a confidential source materially.

Altering government records, particularly those to be evidence in a criminal case, is a felony. Ask me if the FBI agents did that were prosecuted. I mean, you already know the answer. Of course not. She also revealed that they asked her to destroy 338 items of evidence, which she didn’t destroy. She also revealed that the FBI was spying on one of the defendants in the courtroom. In the courtroom.

Every time that defendant and his lawyers talked in the conference room, in the jail, nobody prosecuted. All of those things were felonies. I don’t know what became of her because she admitted to all of this on cross examination and the defendants were still prosecuted. If I had been the judge well, if I had been the judge, there wouldn’t have been a trial because I would have found that these conspiracy laws are unconstitutional.

But if I’d been reversed and there was a trial, I would have dismissed the charges right then and there because the behavior of the government shocks the conscience. I would have stopped the trial and said, who asked you to alter evidence? I want to know the name of the FBI agent. They asked you to alter evidence. Whose name did they want to keep out of the records that was afraid to come in this courtroom and testify, bring that FBI agent into my courtroom? That’s what I would have done.

But this judge just accepted what the government said. Will they be able to appeal this? Well, yes, of course. I have a feeling that these appeals may actually resonate with the Supreme Court. That the current Supreme Court, which has never reviewed the conspiracy laws in its current makeup of the current nine, there may actually be a large agreement the libertarian wing and the liberal wing may actually agree on.

There can be no conspiracy where there is no harm and where the so called conspiracy is impossible to have achieved. A number of those appeals, not just this one, the conviction of the so called kidnap plot to kidnap the governor of Michigan, a plot totally concocted, paid for, trained by, organized by FBI agents, undercover. There were three of those trials. Two were not guilty. Two of the trials, they were found not guilty.

One of them, there was a hung jury. They retried them and they were convicted. All those cases, those conspiracy cases are going to make their way to the Supreme Court. So the one in Michigan, the guys went to jail then? I believe they’re in jail now, yes. Even though it’s on appeal. Most of them got acquitted. The ones that there was a hung jury on, there was a second trial, and the second time around they were convicted.

It’s whole this was brought to you by the FBI. The ones that created the correct, correct. Not a hair on the governor’s head was ever in danger. The whole thing was monitored, created, crafted by FBI agents. What has happened to this country that this is going, oh, those dirty commies, those dirty Russians, those dirty I mean, we’ve become what this country’s fought against. Correct. We have become what we beautifully said.

It’s terrible to hear it, but it’s true. We have become what we fought against is correct. This is the same mentality that pursued Trump for all four years in office. This is an FBI with federal prosecutors. Remember, the FBI is powerless without federal prosecutors. This is an FBI and federal prosecutors. Career people, not political appointees. Totally out of control. Totally out of control. Yeah. This is the America that goes all around the world and kills millions of people that cost us since World War II hundreds of trillions of dollars to bring freedom and democracy the American way.

Yep. I interviewed the great University of Chicago professor John Mearsheimer on my podcast yesterday, and he argues that the American government has caused more death and destruction than all the other governments combined. Oh, yeah. That American empire is determined to the lust for empire is determined to fail. America’s leadership of the west is already failing. America’s leadership of the west and NATO caused the war with Ukraine biden’s hanging on by his fingernails because even people around him are beginning to doubt where all the money is going.

Biden announced over the weekend that even if the government shuts down the flow of cash to Ukraine will not shut down because it comes from a discretionary fund that he controls. It’s a mess. It’s a mess. And how about what’s going on? What just happened up in Canada where they honored that Nazi and that arrogant little Trudeau, that little daddy’s boy, that arrogant little clown of nothing? My daddy was Pierre Trudeau, and I’m a member of a club.

That’s how I got in here. This is the guy that when they had the Freedom Marches, which I was very involved in up in Canada, when the truckers took to the streets because they didn’t want to get vaccinated when they crossed the borders and they had up signs with a Nazi insignia that this is what’s happened to Canada, that we’re turning into Nazis. How he criticized how that little true.

Dope criticized and called these people anti Semites and this and that for putting up a Nazi sign. But of course they were putting up the Nazi sign to show how they were losing their freedom. But this is a true dope whose little government saluted a Nazi murderer. Correct. And then when the tide of public opinion turned against them, went on national television, blamed the speaker of the parliament, and then said, it’s really you ready for this? It’s Vladimir Putin’s fault.

Hey, dude. Hey, Mr. Prime Minister. You invited this creep. You were there. You stood up and applauded for him, and you’re blaming it on Vladimir Putin. This is how nutty, how crazy the establishment has become. Again, look at the little freak. Look at the little freaks running the show. I know, Judge. I know how Mitch McConnell is so brilliantly aware of everything going on and how Biden is not out of his mind.

Look at the freaks that are running the show around the know, going back to the Nazi. This is an article in this week’s Trends Journal. Putin has said Russia is fighting neo Nazis in Ukraine. You ready? August. This is from the Trends journal. August 20 eigth 2014. Russia can see Ukrainian neo Nazis rearing their heads. This is when they overthrew the government. 2019, after Zelensky won, western curators have put a person at the head of modern Ukraine, an ethnic Jew with Jewish roots, with Jewish origins.

And thus, in my opinion, they seem to be covering up an antihuman essence that is the foundation of a modern Ukrainian Nazi state. February 24, 2022. We will strive for the demilitarization of the denazification of Ukraine, as well as bringing to justice those who committed numerous bloody crimes against civilians. This is after they killed over 16,000 15,000 people in the Russian speaking Donbas region. On and on and on and on and on.

He calls what’s going on in Ukraine neo Nazi here. September 5, 2022. The tragedy taking place in Donbass resulted from the actions of the nationalist neo Nazi regime. One after another. Putin’s been calling the Ukrainian regime since it began. A neo nazi regime. And the fact is that they’ve celebrated bandara the Ukrainian Nazi supporter during World War II, even putting up statues of them. But that’s okay. I guess the key word is arrogance.

That these people would expect us to believe that Ukraine is the good guy, russia is the bad guy, putin is the monster. Putin is the Nazi. Putin’s responsible for the Nazi being saluted in the I mean, at some point, the public should be able to see through this. Gerald Trudeau just happens to be one of the worst and least sophisticated examples of these elites as we speak. The leaders of the truckers, you and I both addressed them via remote.

The leaders of the truckers are on trial in a criminal case in Ottawa as we speak. I don’t know what the outcome will be. It’ll probably be as forced and aggressive as the prosecution of these people on 911 that we were excuse me, second time I said that. These people on January 6 that we were talking about earlier. Well, of course you mentioned 911 because you also mentioned in your article about this attitude, law enforcement is free to break the laws it enforces in the name of mythical national security.

Goes back to the weeks after 911 when the then President George W. Bush began his systemic shredding of the Constitution by unleashing federal agencies to spy on all Americans without warrants and the CIA to torture foreign prisoners in order to gain information about the so called threats to the nation. So there you go. That is coming home to roost as we speak, because they can’t try some of these people in Guantanamo Bay because the lawyers are ethically prohibited from defending the torture.

George Bush and Lindsey Graham and that crowd have created a mess. A mess. Again, you kept mentioning 911 because you’ve written about it and it keeps coming back in your mind about how this country has been so destroyed from the Patriot Act and everything else that happened after 911. And as I said, as George Collin used to say, it’s one big club and you ain’t in it. Right? And little Georgie Bush, a little clown of an arrogant little boy, another daddy’s boy like true dope.

Correct. Dumb and dumber they are. Both daddy’s boys. One a so called conservative Republican, the other a so called liberal I don’t know what the term is in Canada, but both big government warfare, welfare, surveillance, state, anything the government wants, the government is right. That mental attitude. Unfortunately, that attitude prevails. Apparently I’m not a student of Canadian politics. Apparently in the Canadian parliament, it surely prevails in the American Congress.

It’s only five or six libertarian Republicans who are holding up legislation to put at first 6 billion and then 5 billion and then 20 billion into Zelensky’s coffers. It’s just terrible. Just terrible. And where are the people protesting? As you point once said, they’re more interested in what Taylor swift said to her NFL player boyfriend from the stands, which she blew a kiss out of and whispered to him, they were interested in that than they are in the loss of their freedom and the loss of their wealth.

Loss of their wealth. The government borrows money from China, sends it to Ukraine. The Fed prints cash with which to pay the interest on the money. Taxpayers, as yet unborn, pay taxes to pay back the borrowing. And the young generation doesn’t understand, doesn’t know, and doesn’t care. Nope. Sometimes it’s like we’re shoveling against the tide, gerald or whistling in the wind. I don’t know how many analogies you can come up with.

I’ll give you a good example. Last Thursday, September 21. International Peace Day. Not one word. Not one word in the mainstream media about it. You could google it up. International Peace Day and then hit nothing. Nothing. A couple of small articles from those tiny little newspapers. Not one word about International Peace Day. But boy, oh, boy, how they love to promote war, those little prostitutes, those media wars that get paid to put out by their corporate pimps and their government.

Hallmasters yes. So everybody remember, you got to see what the judge is doing day after day after day on his site, judging freedom. The people that he’s bringing on, the information that he’s putting out about what in the world is going on in the fields that he’s so knowledgeable in, you won’t find anywhere else. So go to Judgingfreedom. com WW judginap. com and see more of what’s going on.

Judge, thanks so much for being on, and we’ll see you next week. Pleasure, Gerald. All the best, my friend. .

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American FBI anti-government sentiments conspiracy laws convicted individuals Corruption federal prosecutors first amendment January 6 JOE biden Justin Trudeau media coverage misuse of power negative consequences Ninth Amendment policies political leaders thought crimes younger generation

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