Judging Freedom - Hawley Demands FBI Explain Missouri Concealed Carry Permit Holder Audit

Episode Date: August 5, 2022

FBI Gun Fishing Expedition, Hawley Calls Them Out https://www.hawley.senate.gov/hawley-... #FBI #Guns #secondamendmentSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hi, everyone. Judge Andrew Napolitano here for Judging Freedom. Today is Thursday, August 4, 2022. It's about five minutes of three in the afternoon on the East Coast of the United States. Earlier today, Senator Josh Hawley, I'm not a big fan for a variety of reasons, but on this, I profoundly agree with him. I had a bit of a clash with FBI Director Chris Wray. It seems that the FBI is knocking on the doors of county sheriffs in Missouri and asking to see the names and addresses of those in their counties who have registered firearms with the right to carry them. Now, A, it's against the law for sheriffs or anybody who has this information in Missouri to share it with anybody unless it's been subpoenaed or ordered by a judge. And B, the FBI is not supposed to be engaged in fishing expeditions. So Senator Hawley, quite properly, when he learned about this from some of the sheriffs in Missouri,

wrote a letter to Chris Wray, the FBI director, and basically said, what's going on? This was just a week ago, and the FBI director hasn't answered the letter yet, and when Senator Hawley asked him about it under oath earlier today, he refused to answer. Chris Wray refused to answer. Here's Senator Hawley's rather restrained reply to FBI Director Wray's refusal to answer about what the hell is going on. I don't like the fact that the FBI is snooping around the concealed carry permit records of Missourians. I don't like it at all. I don't know what you want to do with it. I don't know what you're going to do with the information, but I don't

like that you're putting our sheriffs in this position. And I'm disappointed that you're not ready to answer my questions. It should be more than disappointment. The FBI is not allowed to engage. No law enforcement is allowed to engage in fishing expeditions. And when they show up at the sheriff's office, the sheriff should say, where's your warrant? And when they don't have one, goodbye, send them home. The sheriffs are not in a position to break Missouri law. The sheriffs are not in a position to violate the Missouri law guaranteed privacy rights of those who have the right to carry. And quite frankly, it's none of the FBI's business. Look, the law of the land in the United States of America is

if any law enforcement agency, local, state, federal, wants to commence an investigation, they only do one kind of investigation, criminal investigations. That's all they do. And in order to commence a criminal investigation, to commence it, they have to have what's called articulable suspicion. They need to be able to state what crime has been violated and who they think violated it. And without that articulable suspicion, they cannot begin to gather any evidence. There are other standards that they must meet for them to use other tools. For example, if they want to get a search warrant from a judge, they have to demonstrate to the judge. I used to sign these search warrants all the time, though sometimes I refused. they might need to demonstrate to a judge under oath probable cause. That is, that it is more likely than not that the place to be searched or the thing to be seized is evidence of a crime. They need to demonstrate that in detail under oath. And if they can't, the judge is not going to sign a search warrant, a subpoena from a grand jury. Same thing.

They need to demonstrate to the grand jury under oath what the probable cause is and why the grand jury would need the subpoenaed item or thing. But to start a criminal investigation, to call a grand jury into existence, to begin knocking on doors and answering questions, They have to have articulable suspicion. And without that articulable suspicion, they can't get to first base. If any Missouri sheriffs are watching and listening, or if any good people in Missouri know sheriffs in that state, please advise them. Send the FBI home. Ask for a warrant. They don't have it. Very politely send them home and then close the door. Judge Napolitano for judging freedom.