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Your News Talk America with Jake Smith. Welcome to the digital and interactive program.

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10:10 AM ET

Segment Topic:

Jake and the Judge:

1. War and the Constitution (what about the War Powers Act?)
2. DOJ threatening Trump voters without any evidence of violence.
3. Senators retaliate against McDonalds for Trump campaign stop.

4. Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged?

          These questions should be addressed in a national debate over the U.S. military involvement in Ukraine and Israel. Sadly, there has been no debate. The media are mouthing what the CIA is telling them, Congress is in lock-step, and only a few websites and podcasts — my own, “Judging Freedom” on YouTube, among them — are challenging the government’s reckless, immoral, illegal and unconstitutional wars.

          The Supreme Court has ruled that all power in the federal government comes from the Constitution and from no other source. Congress, however, has managed to extend its reach beyond the confines of the Constitution domestically by spending money in areas that it cannot regulate and purchasing compliance from the states by bribing them; and in foreign policy by paying for wars it cannot legally declare.

          Congress cannot legally declare war on Russia or Iran, since there is no American militarily grounded reason for doing so. Russia and Iran pose no credible threats to American national security. Moreover, the U.S. has no treaties with Ukraine or Israel that trigger an American military defense. But Congress spends money on those wars nevertheless.

          Under the Constitution, only Congress can declare war on a nation or group. The last time it did so was to initiate American involvement in World War II. But Congress has given away limited authority to presidents and permitted them to fight undeclared wars, such as the War Powers Resolution of 1973 and President George W. Bush’s disastrous and criminal invasions of Afghanistan and Iraq.

          Last week, the Biden administration announced that it was sending around 100 troops to Israel to man the Terminal High Altitude Area Defense system, or THAAD, the U.S. has sent there. Then, the administration announced that it was sending a second THAAD unit and another 100 troops. The THAADs will presumably be used in Israel’s defense against Iran.

          Congress has not only not declared war on Iran; it has not authorized the use of American military forces against it. Yet, it has given President Joe Biden a blank check and authorized him to spend it on military equipment for Israel however he sees fit, without a lawful or even credible American military objective.

          Biden has also promised to continue giving Ukraine whatever it needs for “as long as it takes.” As long as it takes to do what? Eliminating Russian troops from Ukraine and Crimea or Russian President Vladimir Putin from office are not realistically attainable American military goals. Last week, Defense Secretary Lloyd Austin said he fears Putin has his eyes on Poland. That’s scaremongering nonsense.

          The U.S. involvement in Vietnam began the same way: no declaration of war; no authorization for the use of military force; no clear American military objective; shamelessly preaching the discredited domino theory of collapsing countries; a gradual buildup of American troops as technicians, advisers and instructors; and then a congressionally supported war that saw half a million American troops deployed, 10% of whom came home in body bags. And for what?

          We don’t know how many American troops are in Ukraine. We do know that they are involved in hostilities, since much of the offensive hardware that Biden has sent requires American know-how to operate and maintain. And some of the weaponry has American troops actually targeting Russian forces and pulling the triggers.

          Are American soldiers killing Russian soldiers? Yes. Will American troops soon be shooting down Iranian pilots in their jets? Yes. None of this has been authorized by Congress, but Congress has paid for all of it.

          Now back to the Constitution. The War Powers Resolution, which requires presidential notification to Congress of the use of American military force, is unconstitutional because it consists of Congress giving away to the president one of its core functions — declaring war.

          The Supreme Court has characterized delegating away core functions as violative of the separation of powers because when one branch of the federal government cedes its powers to another, the receiving branch threatens the constitutional order and potentially jeopardizes personal liberty.

          Nevertheless, Biden has not informed Congress of his intentions to use American troops in Ukraine or Israel.

          Don’t be surprised if Biden gives War Powers Resolution notice secretly to the Gang of Eight. That’s the Congress within the Congress. It consists of the chairs and ranking members of the House and Senate Intelligence Committees and the Republican and Democratic leaders of the House and Senate with which the president legally shares secrets.

          This, too, is unconstitutional. Just as Congress cannot delegate away its war-making powers to the president, it cannot delegate them away to the Gang of Eight. The concept of the Gang of Eight is antithetical to democratic values. Informing them of whatever violence the president is up to is done under an oath of secrecy. What kind of democracy operates and kills in secret?

          The various treaties to which the U.S. is a party limit its war-making to that which is defensive, proportional and reasonable. So, if a foreign power is about to strike — like on 9/11 or Dec. 7, 1941, while the government slept — the president can strike first in order to protect the U.S. Beyond an imminent attack, the basis for war must be real, the adversary’s anti-U.S. military behavior must be grave, the objective of war must be clear and attainable, and the means must be proportionate to the threat.

          Has Russia or Iran threatened the U.S.? No. What grave acts have they committed against the U.S.? None. What is Biden’s clear military objective? He won’t say.

          Do Congress or the president uphold the Constitution? They do not. They also don’t understand that the problem with searching the world for monsters to slay is that they have a way of following you home.

Panelist:

Judge Andrew Napolitano

Sample Questions:

1. Judge, North Korea has sent at least 3,000 soldiers to Russia to fight against Ukraine. How worried should we be that we are being tricked into another foreign war?
2. What is it about the War Powers Act which is blatantly unconstitutional?
3. The Justice Department is deploying district elections officers across the nation ahead of Election Day to ensure poll workers can “do their jobs free from threatsand intimidation.”
   1. The elections officers are expected to work in coordination with the Justice Department’sElection Threats Task Force, which was created in June 2021 by Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco to address alleged violence against election workers. 
   2. The task force, since its inception, has been engaging with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, according to the Justice Department. The task force also partners with FBI field offices and U.S. Attorneys’ Offices throughout the U.S. 

4. U.S. Senate demands answers to Mc’Donalds price gouging. Is that a job for the U.S. Senate?
   1. A group of Democratic senators knocked McDonald’s over its price increases and its “dominant market position” as the largest fast-food chain across the country.
   2. In a letter sent to McDonald’s leadership, Sens. Elizabeth Warren (Mass.), Bob Casey (Pa.) and Ron Wyden (Ore.) demanded President and CEO Chris Kempczinski explain the chain’s pricing they say is higher than it should be, accounting for inflation.
5. They voted for the Inflation Reduction Act and they are demanding answers from a public company?

10:35 AM ET

Segment Topic: 

1.  It appears that the Dem-Coms are in full panic mode.  Are they?
2.  The Atlantic slanders Trump
3.  Trump accused of groping a model in 1993?
4.  Republicans seize control of early voting.  Is that sending the Dem-Com’s into full panic mode?

Panelist:

Roger Stone

Roger Stone is a seasoned political operative, speaker, pundit, and New York Times Bestselling Author featured in the Netflix documentary Get Me Roger Stone.

Richard Nixon, Ronald Reagan, and Donald Trump—all of these Presidents relied on Roger Stone to secure their seat in the Oval Office. In a 45-year career in American politics, Stone has worked on over 700 campaigns for public office.

Host of the Roger Stone Show 7PM on Sundays on 92.7

Stone Zone dot com – all things Roger Stone

Sample Questions:

1. Roger, did the Dem-Com’s expect Republicans to early vote this year? If not, what has that done to their plans to steal the 2024 election?
2. Are the Hitler, NAZI references by the Atlantic swayed any voters to abandon Trump support?
3. We are hearing that it will take at least five-days to count all the votes. The Fox decision desk is warning that it will be days before a winner is announced?  What is your response?
4. How powerful was Trump’s campaign stop at a PA McDonalds last Sunday?
5. How powerful will Trump’s MAGA rally at MSG be on Sunday?

11:10 AM ET

Segment Topic:

• Are recent examples of Dem-Com retaliation to protect Kamala the Commie acts of desperation?
• Can Trump and his supporters expect more threats and more intimidation over the next 12-days? How should we respond to those threats?

DOJ threatens Trump voters?

DOJ deploys district elections officers to handle ‘threats and intimidation aimed at Trump voters.

Trump surging ahead:

Did Joe Biden and Kamala Harris both threaten Trump with jail in response to his recent surge in the polls?

Dem-Com corporate retaliation:

One day following President Trump’s time at a PA McDonalds, the Dem-Coms in the Senate, sprang into action – accusing the Golden Arches of price gouging – the centerpiece of the Kamala the Commie Economic plan.

In a letter sent late Monday afternoon, Sens. Elizabeth Warren of Massachusetts, Bob Casey of Pennsylvania and Ron Wyden of Oregon demanded that McDonald’s President and CEO Chris Kempczinski explain the chain’s pricing decisions.

The DOJ threaten Elon Musk:

The Justice Department warned Elon Musk’s America PAC in recent days that his $1 million sweepstakes to registered voters in swing states may violate federal law, people briefed on the matter told CNN.

Musk, who has thrown his support behind former President Donald Trump and is spending millions of dollars supporting his candidacy, has publicized the $1 million prize by his political action committee aiming to increase voter registrations in hotly contested states.

Musk’s initial promise to pay prizes to registered voters immediately raised concerns from election law experts and some state officials who questioned whether it ran afoul of the law.

Federal law bars paying people to register to vote. The language of the petition currently promises $1 million prizes to people chosen at random for signing a petition in support of First and Second Amendment freedoms. But to sign the petition, you must be registered to vote in specific states.

A letter from the Justice Department’s public integrity section, which investigates potential election-related law violations, went to Musk’s political action committee, according to people briefed on the matter.

Panelist:

None

Sample Questions:

1. Are recent examples of threatened retaliation against Trump and his supporters acts of desperation?
2. Every time a poll indicates Trump is surging, the Dem-Com’s respond. Is it a coincidence?
3. Has early voting by Trump voters sent the Dem-Coms into mental health crisis?
4. Can Trump and his supporters expect more threats and more intimidation over the next 12-days? How should we respond to those threats?

11:35 AM ET

Segment Topic:

Panelist:

Sample Questions:

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Credits

Host
Jake Smith

Director
Walt Palmer

Technical Director
Julia Hardy

Panel Liaison
Mark Giuliani

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