Judging Freedom - Biden to Sanction Hundreds of Russian Lawmakers

Episode Date: March 23, 2022

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Save $80 with code SPACE80 at Talkspace.com. Hello there, everyone. Judge Andrew Napolitano here for judging freedom today is wednesday march 23rd 2022 it's about 10 45 in the morning on the east coast of the united states this morning the white house announced that president biden will sign executive orders imposing personal sanctions on the members of the Russian Duma. That's the Russian parliament. It's pretty much a rubber stamp parliament. I suppose you could say the same thing about the American Congress when the Congress is controlled by the same party as the White House. But let's not get into that. Nevertheless, the president has decided that from some source,

he has the authority to interfere in the commercial transactions of the members of the Russian parliament. It's a part-time parliament like our state legislatures are. It's not a full-time parliament like the Congress is. I have argued in front of this camera and elsewhere, particularly last week in my column, which is still posted at judgenap.com and elsewhere, that sanctions are unconstitutional. They're unconstitutional because they consist in seizing assets and freezing assets and interfering with commercial transactions. And the ownership of assets is protected by the American Constitution. Well, how does the American Constitution protect Russians?

Very easy. The two amendments here that are relevant, the Fourth Amendment, which prohibits the government from freezing and seizing without a search warrant, and the Fifth Amendment, which prohibits the government from interfering with property without due process, a jury trial, both protect people and persons. They are not limited in their protections to Americans. Therefore, the President's effort to interfere with the right of Russian persons to engage in commercial transactions and the president's executive orders to American intelligence and law enforcement to seize assets belonging to

Russians is unconstitutional. Here's an example. If I were an importer of Russian vodka and I had paid the manufacturer $100,000 by depositing that money in a bank account and wiring it to him, and the vodka arrived by ship in Port Newark here in New Jersey, federal government would seize it. They wouldn't send it back to the manufacturer. They would seize it. They would steal it, which steals his assets and steals mine. That's what sanctions do. Do they change the policy of the government? Of course not. We've imposed sanctions on Cuba since 1962. When Castro took over Cuba, we welcomed him. Six years later, we realized he was a monster. We imposed sanctions on him. Did that change the policies of the government? Absolutely not. The country is still dirt poor. The elites live very nice lifestyles,

and the totalitarians still reign, still rule the place. Sanctions are for public relations only. They harm individuals that have nothing to do with government property. They violate the American Constitution. The laws on which Joe Biden is relying are unconstitutional. And most important of all, they never change the policies of the government on whose people the sanctions are imposed. Judge Napolitano for judging freedom.