Judging Freedom - LtCOL. Tony Shaffer : US Intel Targeting Russian Troops
Episode Date: October 2, 2025LtCOL. Tony Shaffer : US Intel Targeting Russian TroopsSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. ...
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Hi, everyone, Judge Andrew Napolitano here for Judging Freedom.
Today is Tuesday, October 2, 2025.
My dear friend, Colonel Tony Schaefer joins us now, Colonel.
Thank you very much for making the time available.
Always, thank you.
Thank you.
I want to spend some time talking to you about the use of American intel in Ukraine to
target sites deep inside of Russia.
But before we get there, I must ask you about the events of this week at Quantico.
Without revealing sources, you have a lot of friends who are active duty and retired military.
Is there a consensus on Secretary of Defense Hegg Seth's performance from among the military, retired and active duty?
The people I deal with are very happy.
I know there's some unhappiness, and I'll talk about that in a second, but let me just talk about those who are happy.
I like the speech.
You know, Pete, Pete's a friend of both of us, so I'm saying this with just people understand, you know, that we're friends.
but I thought it was superb.
He outlined why he was making the changes,
what the intention of the changes are regarding in-state,
and he gave people the doors like, hey,
if you're not digging what we're doing, you can leave.
And that, I think, is a very gracious way to honor someone's service.
The ending of woke is hugely important.
I talk to service members who consider themselves completely apolitical.
They just want to come to work, to work for the military, for the Pentagon and whatever specialty, from the Navy to the Air Force, to the Army, the Marines.
They don't want to be political, Judge.
They want to do their job.
And that's what Pete said they're going to be able to do.
Long before you and I met, I worked for Jim Woolsey when he was director of CIA.
I was an army guy, but we were working together on a project.
And that project basically revealed that the North Koreans had nuclear weapons long before U.S. government admitted it.
My job was to collect the intelligence and get it to the decision makers, not fight the policy.
So many people, and I'm a Republican, so I was just saying, you know, my job was not to judge it.
My job was to do the work.
And so most military members want to get back to that.
The military had become essentially a daycare for adults.
And I'm not joking about that.
It was always about what can the military do for me,
not what can I do to support the country.
And that's going to stop.
It has stopped.
And that part is causing a lot of dissent.
There were some people in the Navy, for example,
attempting to the very last moment to do transgender surgeries,
believe it or not, at Fort Belvoir.
There was one incident where a Navy 06 had to call a Navy 05 commander,
and order them to stop a surgery about to happen at Fort Belvoir when the policy change.
So there's going to be about 10% who don't want to get the message, another 10% who are going to fight it and not get out.
But most people, I think, understand it.
Recruiting is at all-time high, and I think we'll see the military move forward,
much like the Reagan Revolution saw the military change from 81 to 83.
Should we withdraw from the Geneva Conventions as he wants?
Which we wrote and which are the last standard of civility among nations since the rule of law doesn't exist?
The problem is I have no strong position on either way.
My issue is we often use the Geneva Convention to judge and use that as a measure of our actions.
Our enemies do not.
There's not a single group we've engaged over the past 30 years, Judge, which uses the Geneva
convention as a bell weather of what they should do. So I'm not saying we should take off the
gloves and be like them. I'm saying that holding ourselves for a standard that's not realistic
may not may not be the best thing. Watch this clip, Tony. Listen, I know Pete, as well as you do
and worked with them for 10 years. Yeah. I thought it was a preening, arrogant, condescending,
inappropriate way. I can't imagine Curtis LeMay or Douglas MacArthur or George Patton sitting there
and listening to that.
But anyway, it's a different world today.
Chris, cut number eight.
Every day, we have to be prepared for war, not for defense.
We're training warriors, not defenders.
We fight wars to win, not to defend.
Defense is something you do all the time.
It's inherently reactionary
and can lead to overuse, overreach, and mission creep.
War is something you do sparingly,
on our own terms and with clear aims.
We fight to win.
we unleash overwhelming and punishing violence on the enemy.
We also don't fight with stupid rules of engagement.
We untie the hands of our warfighters to intimidate, demoralize, hunt, and kill the enemies of our country.
No more politically correct and overbearing rules of engagement.
Just common sense, maximum lethality, and authority for warfighters.
That's all I ever wanted as a...
platoon leader.
A platoon leader addressing four stars, as Yogi Barrett would have said only in America.
Well, look, I know someone else who went through this, you do too, John Lehman.
John Lehman, when he was Secretary of the Navy, he was still a lieutenant commander in the
reserves, who was promoted the commander in the reserves, and he was still flying reserve missions.
I mean, the Secretary of the Navy would land on an aircraft carrier as a lieutenant commander.
It didn't play well, and people had the same issues.
But Tony, Tony, Johnny is a friend of both of ours.
He has forgotten more than Heggseth knows.
I'm just saying that I know from talking to our friend John that he went through similar criticism for being the youngest,
I think the youngest Secretary of the Navy ever.
And with this said, I understand where Pete's coming from.
I suffered through very restrictive rules of engagement.
For the most part, most of my missions, which I can't talk about still,
we did not have rules of engagement that saddled us because we were specifically tasked to do certain things.
Tony, the intelligence community has no rules of engagement.
We know that. Talk to Ray McGovern.
We have limited rules of engagement.
There are certain things I don't think we could get away with.
It didn't mean we wouldn't try.
But anyway, I agree with Pete on this, Judge.
I've seen the effects of overly restrictive rules of engagement.
Again, I'm not, and look, as you know, I document in Darkheart.
I am surprised to hear you, I am surprised to hear you say this,
but it's a refreshing observation that we haven't heard all week.
Well, look, I in my book, Darkheart, document an abuse of authority where
McChrystal orders a strike on a madrasa that turns out to have women and children in it.
I'm against the overwhelming and unmitigated use of force.
That was a stupid move.
I still can't believe to this day they've not investigated it.
I know the media has kind of put their head.
I've talked to a few folks about it.
But yeah, it's like I think we use force way too willingly without regard to outcome.
I'm just saying, I agree with that said, whenever I've seen.
I've seen circumstance where troops are in combat, trying to kill the enemy, and they are not permitted to do those things necessarily to defend themselves.
So I do believe it's good.
One more question to you about the president appearing like George Patton in front of that enormous flag.
What do you think of this? Chris No. 7.
There is no place for...
Chicago, New York, Los Angeles.
They're very unsafe places, and we're going to straighten them out one by one.
And this is going to be a major part for some of the people in this room.
That's a war, too.
It's a war from within.
Controlling the physical territory of our border is essential to national security.
We can't let these people in.
We're under invasion from within.
No different than a foreign enemy, but more.
difficult in many ways because they don't wear uniforms at least when they're wearing a uniform
you can take them out these people don't have uniforms i told pete we should use some of these dangerous
cities as training grounds for our military national guard but military should we be using
america streets as training grounds for the military under the constitution posse comitatus
common sense rules of war common morality judge we already are
I had to say this to the day on the network.
Portsmouth Naval Hospital is located in the most violent part of Portsmouth, Virginia.
It's a war zone.
They actually have a trauma center set up there because they get to treat wounds just like the coming off the battlefield.
There's a number of cities like this.
And we can debate all day, should any military unit be sent into those locations?
And I think from looking at Washington, as long as it's within.
There's no violation to possecomitatis.
We've been using the military over and over for significant capability to support law enforcement for decades.
And then also, I mentioned this last week on the channel.
I wrote a book called The Last Line.
It actually covers what's going on.
Basically, the refocusing on the southwest border.
Many of the problems we face to include the open border under the Biden administration allowed for all sorts of cartels,
of criminal enterprises to get inside the United States and function.
I think it's time we end that.
I don't think the military should be permanently part of this solution,
but for now because of the overwhelming losses of security
and law of basically the basic enforcement of law in these big cities.
Yeah, I think the military should be looked at as an option to come in.
I think Title 32, the National Guard series of statutes.
Steve, 34 or 32.
All right, before I jump to Ukraine and what the Wall Street Journal is reporting,
which is read up your bailiwick about the use of military and civilian intel in Ukraine,
should we withdraw from the Geneva Conventions?
Can you give a yes or no there?
Because it was written by the Americans.
It was ratified by the Senate.
It's accepted by every civilized country on the planet.
I can't give you an answer at this point because I don't I haven't studied it enough to understand what the benefits versus the the the bad thing would be I just
you took an oath to uphold it Tony yeah but if someone changes it doesn't mean that I have to go along or not go along with that
it would have to be a congressional decision if we decide to do something about the geneva convention in our following that it is it is it is codified a u.s statute that we have to follow it so that would mean then judge
Our favorite branch of government, the invertebrate branch, as Bruce Fine calls it,
Congress would have to get involved.
And you and I both know they're not going to do anything to change it.
Good enough.
And I agree with your comments and Bruce's on the weakest branch of the federal government.
It's not going to change, yes.
Yeah, they're never going to change it.
Just saying they're not going to change it.
The Wall Street Journal is reporting this morning that a few hours before President Trump made his comments
calling Russia a paper tiger, and I want your thoughts on why he said that. He signed a directive
for U.S. Intel, military and civilian, to continue helping Ukrainians find targets deep inside
of Russia. Why would the Nobel Prize candidate do that? Well, two things. First, this is codifying,
what has already been going on. It's just, I think, if nothing else, he's being honest about the
fact. Judge, you and I both know the modern military systems that we've been giving Ukraine
cannot function without our oversight, maintenance, and intelligence. And so we've talked about this
on the show, and I'm frustrated by the fact that we still pretend that we're not in the war. We
kind of are. And this is where there's a conflict. Keith Kellogg is supposed to be a negotiator,
and yet he's getting awards from the Ukrainian government for loyalty to Ukraine.
Just saying, he's not really a good look.
And so, yeah, it's, he's not, President Trump is not willing in a position to negotiate the end of the war.
If he's openly admitting, yeah, we're giving him intelligence and we always have.
So this is where I think there's a potential for the president to go to Putin and say, look,
we are going to continue to basically do things to upset you until,
you come to the table in a realistic way.
I think that may be why he's trying to do it,
but it's very clear that there's no way
the Ukrainians would still be in the war right now,
but if it wasn't for us and our weapons
to include the intelligence that we've been given.
All right.
So they have American weapons.
They have American officers in Wiesbaden, Germany,
directing them.
They have American intel, military, and civilian on the ground.
I don't know if military is on the ground,
but clearly the CIA is there, finding targets deep inside of Russia.
Is the United States itself at war with Russia, Colonel Schaefer?
Well, again, it depends on one's definition of war.
I mean, to me, the Biden administration got us directly involved in a conflict that's, to me, a civil war.
It's a civil war between Ukraine and Russia relating to issues that go back,
generations. Ultimately, it's about resources. There was major gas and oil reserves found
in the Donboss in the Black Sea that Russia does not want the Ukrainians to have. That's what
this is really all about. They're just using the other stuff as excuses to go in. And so it's time
that both sides just sit down and admit what is true. That the United States, by the way,
NATO is now buying things from us. Well, we're kind of NATO. It's kind of like, okay,
NATO's buying stuff, we're not involved.
It's just kind of a kabuki dance that I don't think is very helpful.
And again, I think it's the neocons in the administration.
It's the Senator Grahams and others who I think are very unhelpful with the president on this topic.
Chris, let's run the clip of General Millie in a second.
I should have run this a few minutes ago
when we're talking about troops in the streets
and when we were talking about the Geneva Conventions
but the topic is still relevant.
General Millie on the significance of the oath
that you and I have both taken
and everybody in the military has as well.
You see, we in uniform are unique.
We are unique among the ones.
world's armies. We are unique among the world's militaries. We don't take an oath to a
country. We don't take an oath to a tribe. We don't take an oath to a religion. We don't take
an oath to a king or a queen or to a tyrant or a dictator. And we don't take an oath to a
wannabe dictator. We don't take an oath to an individual. We take an oath to the Constitution
and we take an oath to the idea that it's America,
and we're willing to die to protect it.
Every soldier, sailor, airman,
Marine, guardian, and coast guardsmen.
Each of us commits our very life
to protect and defend that document,
regardless of personal price,
and we are not easily intimidated.
Agreed?
He violated that on a regular basis.
I know Mark Millie.
Yeah, I agree.
with the sentiment, but in application regarding Mark, he violated it. Judge, you don't get to
pick and choose. I try to use this as an example earlier. When I was running an operation in the
early 90s, 92 to 95, it was under the Clinton White House and under a Democrat oversight chain of
command. I did not agree with virtually anything they were doing. I could see that there were going
to be ramifications in the future
that result in catastrophic failure
relating to nuclear weapons
and it happened. The North
Koreans got nuclear weapons. They've been
dealing them ever since. Yet instead
of accepting that in the 90s, we pretended
we didn't know and acted differently.
Now, I
did not violate my chain of command
by doing things against
the chain of command like Mark Millie did.
So I feel very strongly about this. Yeah.
I took a note. I did things
during the time I was in uniform.
acting as an intelligence officer serving under the Constitution
to follow a chain of command, I did not fundamentally agree with.
I worked for a number of chain of commands.
I did not fundamentally agree with.
Heck, as you probably remember, I got called back
to do an off-the-books operation to help get Boberg doll back for Obama.
So I'm just saying, I don't want to hear from Mark Millie
lecturing me about what my oath of office means
when I actually do support chains of command that I don't agree with.
okay um does the CIA kill people oh yeah
they they do i i i it's kind of a fundamentally basic quite absolutely they do
and i think it's something that congress is not fully internalized regarding the fact that
that happens i think on a is there some principle of law or statute or something in the
constitution with which i'm unaware of that allows them to do this
legally? So
this has been
more apparent and I get
this is a policy I don't agree with either
and it was done
against a U.S. citizen. Our friend
Catherine Herridge was reporting on a
guy named Anwar Alalaki.
He and his son were both killed by
drone and Yemen.
I think that was a huge violation because
nowhere in the Constitution does it say
yeah, you can kill American citizens if
they're overseas and that's what happened.
So no, I am completely
against and aghast that this has been something that's been routinely
permitted judge uh we've talked both on and off the air about my able danger experience
the intelligence oversight committees in congress are not there to do oversight they're there to be
cheerleaders for the intelligence community and members of congress who are on those committees
are cheerleaders they're not there for oversight yeah chuck you know chuck schumer said it you don't
don't want to go against the intelligence community, they'll come after you five ways from
Sunday. So I don't agree with it. Yeah, this is called regulatory capture when the entity being
regulated has captured and controls the regulators. That's correct. But look at the gang of
eight, which shares secrets about what the president is up to. They're all sworn to secrecy.
So you have members of Congress who know things that they're not allowed to tell their
constituents that they theoretically work for or even other members of congress you have the
speaker of the house being visited by five intel people and 15 minutes later does 180 flip on whether
he's in favor of extending warrantless wiretaps so there's no question who controls who controls what
well by the way on that point judge you may remember kurt weldon congressman weldon kurt and i've been
making the rounds on the able danger and 9-11 issue, Kurt insisted, and at the time I didn't get
it, Kurt Wilden insisted that we do everything at the unclassified level regarding able danger
to include pushing the Pentagon to declassify stuff. Now, he got, I'd say about 90% of a declassified
in some form, some of it by him going on the house floor and doing special orders, reading things
into the congressional record, which then automatically declassified it. He had a great deal of
courage to do that. And by the way, Walter Jones would do similar things. God rest his soul.
But I'm just saying that people like Kurt Weldon and Walter Jones recognize the danger of the executive
branch coming in and having you sign something. It says you have to keep a secret that is not
healthy within the system that we have. And I agree with you on this. This is something that we need
to look at changing. Right. Colonel Schaefer, always a pleasure. My dear man, you
Star in the pot. God bless you.
Literally. After you and I say goodbye, we're going to play a two-minute clip of one of the greatest speeches in American history.
If you want to hang around, you'll hear it. You're familiar with it. I'm sure you've seen it.
It's long before your time and mine, but it's very profound and unfortunately the prediction in there is correct.
But, Colonel, thank you very much. Always a pleasure, my dear friend.
Thank you, sir.
Sure. Coming up later today at 11 this morning, Colonel Douglas McGregor at noon from somewhere in China. We hope he can find Internet. Pepe Escobar at 1 o'clock, Scott Horton, at 2 o'clock, Matt Ho, at 3 o'clock, Professor John Mearsheimer, Judge Napolitano for Judging Freedom.
A vital element in keeping the peace is our military establishment.
Our arms must be mighty, ready for instant action, so that no potential aggressor may be tempted to risk his own destruction.
Our military organization today bears little relation to that known of any of my predecessors in peacetime,
or indeed by the fighting men of World War II or Korea.
Until the latest of our world conflicts, the United States had no armaments industry.
American makers of plowshares could, with time, and as required, make swords as well.
But we can no longer risk emergency improvisation of national defense.
We have been compelled to create a permanent arminence industry of vast proportions.
Had to do this, three and a half million men and women are directly engaged in the defense establishment.
We annually spend on military security alone
more than the net income of all United States corporations.
Now, this conjunction of an immense military establishment
and a large arms industry is new in the American experience.
The total influence, economic, political, even spiritual,
is felt in every city, every state house,
every office of the federal government.
We recognize the imperative need for this development.
Yet we must not fail to comprehend its grave implications.
Our toil, resources, and livelihood are all involved.
So is the very structure of our society.
In the councils of government, we must guard against the acquisition of unwarranted influence,
whether sought or unsought, by the military,
industrial complex.
The potential for the disastrous rise of misplaced power exists and will persist.
We must never let the weight of this combination endanger our liberties or democratic processes.
We should take nothing for granted.
Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial
and military machinery of defense with our peaceful methods and goals.
so that security and liberty may prosper together.
Thank you.
