Judging Freedom - Michigan School Shooter Charges & Transgender UPenn Swimmer

Episode Date: December 7, 2021

PLEASE NOTE: I reference the shooter's school locker in this audio... When I should have been referring to the "shooter's backpack." - APN Today on Judging Freedom a new segment called "What's On My Mind" is introduced. Judge Andrew Napolitano has opinions on two trending headlines: 1. 'We know the gun was in the school and he had access to it': Michigan prosecutor refuses to rule out criminal charges for Oxford High School officials who failed to check Ethan Crumbley's backpack and locker despite warning signs. 2. Fury as a transgender UPenn swimmer who used to compete as a man smashes TWO US women's records and finishes one race 38 seconds ahead of her nearest rival. More on the UPenn swimmer from the DailyMail: A trans swimmer and senior at the University of Pennsylvania, who previously spent three years competing as a man, smashed two US records while competing at a weekend contest, sparking fresh claims of unfairness. On Sunday, Lia Thomas, 22, put in an astounding performance at the Zippy Invitational Event in Akron, Ohio, that saw her finish the 1,650 yard freestyle 38 seconds ahead of her teammate Anna Sofia Kalandaze. Thomas's winning time was 15:59:71, with her UPenn teammate Anna Kalandaze coming second with a time of 16:37:44. Thomas's win was a record for the Zippy Meet, and the pool where the event took place. But she also managed to smash two US women's swimming records during earlier races at the same event. The first US record was broken on Friday, December 3, when Thomas won the 500-yard freestyle with a time of 4:34:06. She raced to victory 14 seconds ahead of Kalandaze - the swimmer she beat by 38 seconds on Sunday. And then on Saturday, she won the 200 yard freestyle in 1:41:93 - seven seconds ahead of her nearest rival, giving her the fastest female US time ever for that race too. It's the first season Thomas, who was formerly named Will, has competed in the swimming meets as a transgender woman. As Will, Thomas competed on the men's team for two full seasons. This weekend she won three events and set three new school records including two new Ivy League records. #JudgeNapolitano #TransgenderSwimmer #MichiganSchoolShootingSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hey, Judge Napolitano here. This is my new daily Judge Nap, Judging Freedom, talking to you about what's on my mind. I have two issues on my mind today. One involves this tragedy in the Michigan High School on whether the school officials should be prosecuted. And the other involves this University of Pennsylvania swimmer who was a boy who became a girl and is now competing against the girls and is breaking all the female records. We'll start with the Michigan case first. The Michigan prosecutor is a very aggressive prosecutor, and there are times when you want prosecutors to be aggressive, and there are times when you don't. I say she's aggressive because she has already indicted or will seek an indictment of the parents of the boy who she

believes and who all evidence points to actually did the killing. Her theory is that the parents are guilty of criminally negligent homicide, but giving the boy a gun for Christmas and not securing the gun in their house. They obviously gave him the gun, he brought it to school. I think, and I have opined already, that that is a bit of a stretch. I understand why the prosecutor is doing it. She wants to send a message to parents that you need to secure guns in your home. However, Michigan does not require that if you have a gun in the home, that you keep it locked up or unloaded. New Jersey and other states do.

Michigan does not. So as careless as the parents may have been, as trusting as they were of their own son, they didn't break any law in their house. We'll see where that goes. Now she wants to extend this, we'll try and find other people criminally liable for the killings, to the school officials. Should the school officials at Oxford High School be prosecuted for failure to go into the boy's locker and remove the gun.

Well, we don't know if the gun was in the locker. He actually had the gun on the school property because he killed four fellow students. We'll start out with the law. Can school officials in a public government-owned school go into a student's locker without a warrant? The Supreme Court has said yes. And whether you agree with that or not, that's the law. So the school officials could have gone in that locker. Should they? Well, of course they should have. They might have found the gun. Is the failure to go in the

locker a criminal event? I don't think so. It certainly exposes the school to civil liability for the loss of lives of the young people that the killer killed, but it's not a criminal act to fail to find the gun. Does the school have a duty to provide a safe place for students? Absolutely. Is the failure to fulfill that duty a crime? No, it is not. It is a tort, meaning it is a civil wrong, and it gives the parents and anybody else injured or harmed by the failure to maintain a safe place a cause of action, the right to sue. Now, the Pennsylvania case. Listen, I always support the individual going against the grain. I believe that individuals have natural rights and that government is artificial. If you're uncomfortable in your own skin, you can change your sex.

Catholic Catholicism doesn't support that, but we're talking about rights in America today. We're not talking about what the church or what any churches teach. So we have a case of the University of Pennsylvania of a swimmer, a young man who was a good swimmer as a young man became a woman. And he's now a fantastic swimmer. Is it fair for the boy become girl to compete against other females? It is absolutely, in my opinion, not fair. He has the body of a man. He has the muscle and bone structure of a man. And it's terribly unfair to the female athletes at the

University of Pennsylvania and in other Ivy League schools or wherever else the Penn swimming team may compete to have this young man on the team. Look, this is a problem that keeps coming up over and over again. I don't know how it's going to be resolved. As I said, as odd as it is, if you're uncomfortable in your own skin, you can change your sex, but you have to accept certain limitations as a result of that. You can call yourself a female. You can use a female name.

You can engage in female mannerisms, but your body, your bone structure, and your musculature is still male, and using that male body to compete against other females is just unfair. My opinion, my two cents on it. So I'm going to start doing these things daily on topical issues, whether it's strictly legal, like can the school be liable for a killing because it failed to go into the locker of the killer? Or sometimes cultural, is it fair for a male becoming a female to compete against other females?

And I want you to comment to me. Tell me what you think right below this screen. Just type in your comments. I read them and I'll reply to them. Here's a comment from Jeff yesterday when I was blasting Mayor de Blasio for his dictatorial edict telling all businesses in the city of New York from a mom and pop store that employs one person to Amazon that employs 100,000 that everybody has to be vaccinated. Jeff says, what do you do when you turn them away and they take away your

license? You sue them and you challenge them and you tell the court through your lawyer, they can't make up a rule. Only the legislature, only the city council can enact a law, not the mayor. This mayor is in the death of New York City, is in the death throes of his tenure. He's got three weeks left until he is no longer the mayor of New York. And he's doing more now by dictatorial edict than he's done in the previous seven years and 11 and a half months that he's been in office. And everybody knows that, including the judge before which Jeff and his buddies will probably appear. So that's it, my friend, Judge Napolitano for Judging Freedom. Thank you for watching. Let me know what you think.