Judging Freedom - TX Mall shooting_ Trump won_t testify_ Trump GA investigation

Episode Date: May 8, 2023

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Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Monday, May 8, 2023. It's about 10.15 in the morning here on the east coast of the United States. My apologies for the late start technical difficulties, which Gary and I have been working on, and we think we have resolved them so that you can see my face and hear my voice. Here are your hot topics for today. Later on today at 11 in the morning, as usual, Ray McGovern, and at 3 in the afternoon, Phil Giraldi on the latest American intelligence failures in Ukraine. But for today, your hot topics, sometimes interesting stories,

sometimes most unpleasant stories from the Texas mall shooting over the weekend to my colleague, Megan Kelly, jumping in the middle of it to some profound movement in the Georgia case, which is likely to be announced soon against former President Trump and to his decision not to testify. I had mentioned to you on Friday, if he was going to testify in the rape case against him, we would have known it by five o'clock Friday afternoon. But since he didn't testify, I didn't come on air, since he didn't announce that he was going to testify, it really doesn't change anything. Okay. There was, as you probably all know, in a place called Allen, Texas, a massacre in which eight people were murdered at a shopping mall by a white army veteran who was a member of a right-wing kill squad. He was actually wearing

paraphernalia indicating that he was a member of it. Some sort of a white supremacist with a Hispanic last name slaughtered people, slaughtered Hispanics, and he slaughtered whites with an AR-15, a high-powered, very accurate rifle, lawful in Texas, lawful in most parts of the United States, and then the police shot and killed him. It's a terrible, terrible tragedy. But it's the same story over and over again. As soon as this happens, the left wants to ban the weapon. It doesn't want to worry about stopping the person. The weapon didn't fire itself. Sound like I'm talking to a two-year-old. It's obvious, but I'm really talking not to those of you watching now because you all know that.

I'm talking to the hard left from Joe Biden on down, from Chuck Schumer on up, who want to ban the weapon even though the weapon didn't shoot itself. There's a mental derangement on the part of anybody who wants to kill innocent human beings, whether it's for sport, whether it's for pleasure, as horrible as that sounds, whether it's for politics, it is a mental derangement of the highest sort. And the only real remedy is to shoot these people dead before they begin killing others. My former colleague and still good friend, Megan Kelly, jumped in on this over the weekend. Megan and I discussed just about every issue under the sun. And she was pretty much middle of the road on the Second Amendment

in terms of allowing people to keep and bear arms, but requiring government approval and requiring government registration. She pretty much exploded over the weekend and said to the Democrats, quote, you failed, please face it. Meaning banning the weapon doesn't work. Shooting and killing the killer works. More guns equals less crime. It does not equal more. Less guns does not mean

more safety. So that's where we are. This is just going to keep going on. I'm going to let that phone ring. My apologies for it. This is just going to keep going on and on and on until there are more guns out there by courageous people who will shoot dead the killer. But taking guns away from law-abiding people will not keep us safe. It will make us easy pickings for the monsters among us and for the government if it is taken over by monsters. I'm ecstatic that my colleague, Megyn Kelly, who has a large audience, like I am fortunate enough to have, hers is larger. I'm ecstatic that my colleague, Megan Kelly, has recognized this. Can the government do things about mental health? Yes, the government can do things about mental health. But remember, the right to own a gun and carry a

gun is a natural human right. It is an extension of your ancient right to self-defense. According to the Supreme Court, you have the right to defend yourself using the same mechanical means that the bad guys would use to harm or kill you, or that the government's agents would use. So some of the very people calling for the banning of these weapons, Joe Biden, California Governor Gavin Newsom, New Jersey Governor Phil Murphy, New York Governor Kathy Hochul, Illinois Governor J.B. Pritzker, they're protected and guarded by plainclothes police officer carrying the very same weapons that these people want to ban. Does the government have the right to do something? We don't know. The government exists by the

consent of the governed. We can't consent to the government to do something that we can't do. How can you give somebody consent to do something that you can't do? Government doesn't understand this. The government doesn't believe in the consent of the government of the governed. The government believes in an authoritarian society in which it can disarm us. That's the first thing the dictators do when they take over a country is to disarm the people so that nobody can really listen to them. Okay, Trump will not testify in the E. Jean Carroll case. I think that's a mistake.

I think the former president should have testified against himself. There's a risk whenever you testify. Of course, there's a risk. There's a risk that they'll ask you something on cross-examination that you don't want to answer. And cross-examination in New York allows the cross-examiner to ask about anything in the party's background. So you're a witness and you testify. The cross-examiner can only ask you questions about what you testified about. You're a party to the case. You're the defendant, and you testify. The cross-examiner can ask you anything about you and your background and anything you've

done at any time in your life that would bear upon whether or not the jury should believe you. That's the danger in Trump testifying. I haven't been in the courtroom. His lawyers have. They have a feel for the case in their decision. The case is going in his direction and there's no reason for him to testify. It's a rape case. The plaintiff has accused you of one of the most horrible horrific things that the plaintiff can possibly that that anybody can possibly accuse you of i would think that instead of uh playing golf in scotland you would be there to uh testify and to deny these allegations. Not to be done, not going to happen.

Okay, the case in Georgia heated up over the weekend. The case in Georgia, which has not yet been formally filed against the president, goes like this. this is what the allegations will probably be. Joe Biden won the state of Georgia by 11,000 votes. Donald Trump and Rudy Giuliani engaged in a conspiracy. This is what the government will allege. This is not me alleging it. Engaged in a conspiracy to defraud the voters of the state of Georgia by pretending that Donald Trump won the state. In furtherance of that conspiracy, 12 people signed formal documents claiming that they were the electors chosen by the voters. Remember, the voters choose electors. The voters chose 12 Democrat electors. These 12 Republicans claimed that they were the electors. This was part of the conspiracy.

They signed documents swearing that they had been chosen. The documents were fraudulent. They engaged in perjury. Whoever put this together engaged in a conspiracy. The allegation is that the conspirators were Rudy Giuliani, who was physically present in Georgia. Donald Trump orchestrated the whole thing and a bunch of other claimed they were the electors revealed that they received immunity. Immunity, yes. The government agreed not to prosecute them. Now, the government doesn't give away immunity. Immunity is bargained for. What would these people have given the government in return? Ah, testimony against Rudy Giuliani and Donald Trump. This is a very, very bad turn for the former mayor and the former president that eight of the people working with them have now in return for immunity, an agreement not to be prosecuted, have turned evidence for the state. We don't know what they're going to say. This is secret. They're

going to testify before a grand jury in secret. Once the indictments come down, we'll know what the testimony is. But this is devastating for the former mayor and for the former president, because people on the inside are now going to testify against them as to what the plan was and how it was to be carried out. Government rarely gives immunity. Once approved by a court, it prevents the government from prosecuting them unless the testimony that they give is itself a lie. But presumably the government has interviewed these people, has locked down what they're going to say, and is now ready to have them say it before the grand jury. They may have testified before the grand jury already, and we simply don't know it. When will we learn about this? We will learn about it after July 12th. What's the significance of July 12th? I don't know. But the prosecutor, Fannie Willis, has said she will announce who

the grand jury has indicted sometime between July 12 and Labor Day. So at that part of the summer, the second half of July and August and the first week in September, we will find out, has former Mayor Giuliani been indicted? Has former President Donald Trump been indicted? Has anybody else in this case been indicted? We'll find out. Okay, if you live in New Jersey and travel to New York, or if you go back and forth, you go across the George Washington Bridge or through the Lincoln Tunnel, which goes under the Hudson River, or through the Holland Tunnel, which goes under the Hudson River as well. 16 bucks to go across the bridge or under the tunnel. You only pay one way.

The city of New York now wants to add $23 to those $16. The $16 goes to the Port Authority of New York and New Jersey, a bi-state entity that owns Newark Airport, LaGuardia Airport, JFK Airport, the George Washington Bridge, the Lincoln Tunnel, the Holland Tunnel, and some other bi-state transportation venues. But the city of New York now wants to charge every car that enters the city that travels below 60th Street, roughly the middle of Manhattan Island, $23 a day to do that. And on Friday, Joe Biden said, yes. What does Joe Biden have to do with this? Well, the Department of Transportation has to

approve it. And the Department of Transportation said, yes, that's where we now stand. Of course, the governor of New Jersey is going to fight this. The members of Congress in New Jersey are going to fight this. There are federal funds involved New Jersey are going to fight this. There are federal funds involved. There will be lawsuits going on. But my goodness, just to drive into New York City, wow, $23 on top of $16, 50 bucks just to bring your car into the city. That doesn't count gas and that doesn't count parking. Taxation is theft.

This is theft. It's one thing to charge somebody to go over a government bridge. You're paying for a service. It's quite another thing to charge somebody to drive on a government road and not to charge everybody. They're going to charge people that enter the city, not people that live in the city and people that stay there. This is a serious constitutional issue because it's taking a tax burden from New York and imposing it on people in New Jersey. It also applies to people from

Connecticut and Pennsylvania as well. And that, of course, violates the Constitution by taxing out-of-state people differently than you tax your own. Okay, more as we get it. In the Trump case, the closing arguments will be today. The judge will instruct the jury on the case, and they'll get the case tomorrow. Expect a verdict pretty soon. Remember, the defense put on no defense at all, no witnesses whatsoever. The plaintiff has her friends to whom she told this. She also has a psychologist, an expert. She also has an economist, an expert. The psychologist talked about the psychological damage to somebody who lives with this for 30 years and the economics uh the economist testified to the loss of income we'll see who the jury believes classic she said he said if the jury disbelieves e.g. and carol

there is no case if the jury believes her she's going to prevail because the defense put on no witnesses at all. More as we get it. Phil Giraldi at 11 o'clock Eastern. What CIA failures have led to the disaster in Ukraine? I'm sorry. Ray McGovern at one o'clock at 11 o'clock Eastern. Phil Giraldi at three o'clock Eastern today. Judge Napolitano for judging freedom.