Sept. 17, 2025 - Judging Freedom - Judge Andrew Napolitano
26:43
Prof. Jeffrey Sachs : Definitely Genocide.
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Hi, everyone, Judge Andrew Napolitano here for Judging Freedom.
Today is Wednesday, September 17th, 2025.
Professor Jeffrey Sachs will be here in just a minute on the UN's devastating report of genocide in Gaza.
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Professor Sachs, welcome here, my dear friend.
Thank you.
Before we get to uh the UN's genocide uh report, uh why has there been no meaningful response, just some tepid words to the United States supported Israeli uh attack on a residential neighborhood in Doha Qatar?
Well, I know that the uh Arab nations have been meeting uh pretty much round the clock in the Gulf region, and then just today I was uh with a number of uh senior diplomats.
Uh there are meetings uh going on at the United Nations now.
This is a very serious matter uh because uh Israel uh attacked uh a country uh that was uh not involved in this conflict other than facilitating mediation, mediation that the United States uh ostensibly was supporting.
And this is an ally of the United States with a large military base uh in Qatar.
Um so this attack sent uh a message to the Arab world that the United States uh would not protect the Arab world against uh attacks from Israel.
Uh, that Israel operates with complete impunity in the region.
The United States uh government does whatever Israel says, and I think that this is leading to uh a very serious uh assessment by countries uh in the Arab region about uh the meaning of uh the U.S. foreign policy in this context.
In other words, Israel is uh uh understood for what it is, a rampaging rogue state that operates uh outside of uh international law, but the United States uh was judged by at least some of the countries in the region to have some glimmer of responsibility vis-a-vis uh Israel's uh illegal behavior,
and that seems uh now to have been decisively disproved.
Uh, I know you're gonna be at the UN next week.
Has the United States relented and will it permit the Palestinian delegation to land at JFK?
As far as I know, uh the Palestinian delegation will not be at the UN for the session on Palestine, other than online.
Um they will come in online.
There will be uh a worldwide revulsion uh at uh Israel's behavior, and there will be strong support uh throughout the world for Palestine.
Uh and again, the United States uh government uh profoundly discredits itself and uh unfortunately brings us, the American people, into this by uh uh violating international law on uh the rights of uh delegations to come to the United Nations.
We are the host institution, and this uh administration is uh only doing what uh Israel says.
There is no American foreign policy, people should understand.
There is only Israeli foreign policy implemented by a kind of puppet regime in the United States.
Did you say puppet?
I did.
I said that we're just uh following along.
We're pulled on the strings uh by uh by the Mossad, uh by uh the Israeli government, uh our Congress, we have members of Congress sitting listening to this war criminal uh just in recent days, uh, who uh tells them about all the virtues of uh Israel as Israel is committing a genocide uh just nearby where the American congressmen sit.
It's not only a disgrace and a dereliction of duty, it is a culpability of the American political class because it is a direct complicity in genocide.
Uh and one of the uh most uh important points about the 1948 genocide convention is that every country has the responsibility to uh stop a genocide.
It's the most uh grievous uh heinous crime on the planet.
Uh and not only is the United States uh political class not stopping it, it is actively complicit in it.
The uh Secret Service has uh several um emergency services vehicles that it uses to rush the president of the United States to a hospital should it ever from the White House should it ever be needed.
Uh in one of them just a few weeks ago, the Mossad had planted two listening advice uh uh devices.
Secret Service found them and dismantled them.
Nobody was arrested.
It's the Mossad government.
Why would they be arrested?
When the Israeli government kills innocents but misses its targets, as happened in Doha.
Is there domestic political pushback against Netanyahu?
Inside Israel?
Yes.
No.
No, right now, uh no.
I mean, there's pushback against Netanyahu for many things, but not for killing Arabs, uh, unfortunately.
Even innocent Arabs uh who had nothing to do with the people they were targeting.
Because they bombed uh a residential neighborhood.
I'm sorry to say, but one of the uh points that uh is uh repeated uh in opinion surveys uh in Israel is uh the belief that there are not innocent Arabs or innocent Palestinians.
Uh that uh if there's uh mass death, that's okay.
Uh this is I'm sorry to say it, and of course there are exceptions to this, but this is uh actually part of the scene right now.
No, there is not pushback on something so minor as people dying in an Israeli bombing.
This is way about um Jews who are not Zionists or Christians?
No, I don't think so.
Uh I think that it is uh uh especially targeted uh at their neighbors, uh their immediate neighbors.
Uh so I think it is targeted uh specifically at uh the Palestinians uh who uh live among them and are equal in number to the Israelis yet are being starved to death,
murdered, expelled from their homes or crushed to submission in other ways, or their view of other countries in the region, which they view not as human beings,
but only as instrumental one way or another in affecting Israel's capacity to achieve its goal of essentially what they call Greater Israel, which is complete control over Palestine and parts of other countries in the region, parts of Lebanon, parts of Syria.
We don't know what the real boundaries are of this greater Israel, so-called.
But this is a very instrumental view.
It's not a view that the others are human beings.
This is a view that they are just obstructions.
Yet the reputation that Israel has for murdering its foes is so prevalent that Benjamin Benjamin Netanyahu took to the international airwaves before they caught the person who pulled the trigger to deny that the Israelis had murdered Charlie Kirk.
Have you ever seen anything like this?
Israel's mode of behavior is assassinations.
Who do they assassinate, especially those who are negotiating?
This is incredible.
They assassinate the uh Hamas negotiators, they assassinate the Hezbollah negotiators, they assassinate the Iranian negotiators or they bomb Iran to stop a round of negotiations.
Israel does not want any diplomacy.
Israel wants complete domination and complete uh submission of the rest.
Negotiators get in the way.
They might reach an agreement.
Often they have signaled that they have reached an agreement.
That's when they become real targets for Israeli assassination.
One last topic before we uh, if you don't mind, Professor, because I know you believe that the Constitution means what it says, and before we jump to the UN report uh on genocide, uh last week the U.S. Supreme Court,
in one of those shadow docket opinions where it doesn't give a reason, it just says yes, no, stop, go, authorized uh ICE agents to stop anybody on the street and ask them to show their papers.
And if they can't prove they're legally here to arrest them.
Whatever happened to the Fourth Amendment and probable cause required and a warrant required before seizure of persons.
We have a very narrow line for our Constitution right now, uh, because Congress is completely uninterested in Article One, which is congressional responsibility.
We have no congressional responsibility at all.
So the only check on the Trump administration's assertions of unbridled power are the courts.
All across the United States, the courts are ruling one by one that what Donald Trump is doing is illegal or unconstitutional or an assertion of uh power that uh he does not have, but then it goes to the Supreme Court.
And we Don't know what is going to happen in our country in the coming days, weeks, and months.
Because if the Supreme Court decides that the idea of checks and balances, that the Article III institutions of our Constitution, that is the courts, will not limit the executive power, and we already have a corrupted and busted Congress, then Trump will do what he wants.
He will call the troops out where he wants.
He will call IC where he wants.
And of course, the rumors are flying of all of the further and further exceptions of power that he has planned.
I have no idea whether these are true or not.
But our constitutional system is based on checks and balances, that there are three branches of government, that the executive branch, Article II branch, uh has uh the checks and limits of its power by the Article One branch, the Congress, and Article III, the courts.
Article one has uh surrendered.
Uh it barely exists.
Uh, our speaker of the House is uh perfectly useless in protecting our rights or congressional prerogatives.
Uh he is completely uh an instrument of the executive power.
When it comes to the Supreme Court, we don't know.
John Roberts, the Chief Justice of the Supreme Court, is my classmate uh from uh my class at Harvard University uh nearly 50 years ago.
Uh if he destroys uh the American constitutional system, this will be um uh uh I can't say uh how great a tragedy, but that is a responsibility now uh that if few people have, they may uphold the constitutional order, or they may uh absolutely uh crush it.
Most constitutional orders uh eventually come down.
Maybe ours will come down in days or weeks or months.
Uh but it is the Supreme Court now that is basically the last strand because there's no self-limitation by our executive branch right now.
Uh my column, my Washington Times column, which comes out tomorrow, but will be posted at midnight tonight at judges.com.
That's the concluding uh few paragraphs.
It's only a thousand words.
It's entitled, Show Me Your Papers, which is basically what uh Justice Kavanaugh said.
Well, if you're here legally and they stop you, you have nothing to worry about, just show them your papers.
That's the hallmark of a totalitarian regime.
I want to get to um uh the UN's report, as I do, I commend your reading and everyone's a poem by Carol Ann Duffy, who was the British poet laureate for uh six years.
Her poem is called State Banquet.
It compares the splendor with which King Charles and Donald Trump are dining to that of the children in Gaza, and ends with the sight of a young baby looking for food through a bullet hole.
How thorough is the UN's uh report on genocide uh in Gaza, which uh was released this week.
Let me uh show people uh they can't read the type, uh, but it says legal analysis of the conduct of Israel in Gaza, and it's the independent International Commission of Inquiry.
Uh it's uh it's it's a big, thick, detailed text.
Uh it has uh 258 uh paragraphs, uh, all of them very thick with the evidence and with legal analysis.
It's an extraordinarily uh deep uh penetrating and uh horrifying document, horrifying in that it uh lays out uh in uh uh full clarity the uh Israeli commission of genocide that is underway just as we speak.
Uh it is uh uh very thorough in the different categories of genocide, uh in the starvation, the intentional killings, the bombings.
It's very stark in the intention of the political leaders of Israel quoting them, which is not hard to do because they have not described not disguised their genocidal intent.
So it's a compelling document, shocking, uh, but uh shocking about uh a circumstance that is uh the most shocking on the planet.
Uh at the same time, uh last month the UN also issued another report I just want to bring to people's uh attention.
Uh it's uh called the integrated food security phase classification famine review committee, Gaza Strip, August 2025.
Again, it's a completely thorough, systematic, professional, detailed, evidence-rich report that in that its highlights as the Famine Review Committee has determined that famine, IPC phase five technically is currently occurring in Gaza in the Gaza government.
Furthermore, the FRC projects famine thresholds to be crossed in other uh governance in the coming weeks.
There are hundreds of thousands of people being starved to death right now, being starved to death.
If uh this continues and uh we have mass starvation, Israel will never live this down.
Whether Israel survives this, I don't know.
But if we have uh the mass deaths uh that uh would be the continuation of a starvation campaign that's underway, I frankly cannot see how the state of Israel could survive that.
What becomes uh of these reports and what government actions do you expect will be taken?
I mean, how much more horror does the world have to witness before some force restrains Netanyahu and his colleagues?
The problems uh are uh basically uh the Trump uh government, the Trump White House.
Uh the Israeli government is murderous, but uh the Trump government is complicit, and it provides the means for Israel's mass murder.
It provides it in many ways.
It provides the armaments, it provides the financing, uh, it provides the diplomatic cover.
Whenever there is an attempt, uh, for example, under the UN charter to introduce uh a security force or a ceasefire, the United States vetoes that uh when there's a proposition that the state of Palestine be admitted to the United Nations so it has some protection of for the Palestinian people.
The United States vetoes this.
It's basically two against the whole world at this point.
The United States, uh, and it's not the American people, mind you, as we talk about each week.
Uh the American people overwhelmingly are aghast and distraught at Israel's uh rogue criminality and wars, uh crimes against humanity.
This is uh an executive branch, maybe the people on Epstein's list, maybe the people who've been bribed in other ways, uh, maybe people who uh have uh whatever delusional motivation they think they have.
But this is a small group in the United States that sides with a murderous group in Israel to commit genocide.
And uh a number of American big tech companies are actively involved in this.
And I think this is also important to understand.
Microsoft, Google, Amazon, OpenAI, Dell, and Palantir all provide a Tremendous amount of digital support, cloud services, AI systems to support the Israeli defense forces.
They are complicit in this genocide.
So this is something that we'll learn more about.
The fighting will stop and people will enter Gaza, and the scenes and the findings will be more horrific than people apparently understand at this moment.
And if this mass starvation occurs, we'll see the emaciated corpses.
It can't.
So Israel really has a decision to make, in my view, about its uh survival.
I regard uh the three leaders of Israel, their four leaders, Herzog, uh, Netanyahu, Ben Gavir, and Smoltrich as uh, first of all, uh, mass murderers.
Uh, second, uh, of course, uh guilty of the crime of genocide, and third, completely delusional.
Uh delusional that they think that uh Israel will somehow stand, uh given what it's doing.
Uh delusional that any uh attack on Israel is somehow anti-Semitism.
It has nothing to do with anti-Semitism at all.
These people are delusional.
But what about uh Marco Rubio?
What about uh President Trump?
Uh what about uh our senior officials?
They're also under international law.
Completely they are responsible.
The the borders are going to open up, the fighting's gonna stop.
We're gonna see what has happened.
And there's going to be responsibility and accountability for this.
So I really don't know what uh these people are thinking.
But this is a small group committing a massive crime.
And President Trump is not able to issue pardons for international war crimes of Americans that have been complicit in this.
You mentioned the uh Speaker of the House of Representatives.
You could add the United States ambassador to uh Israel.
Uh, you could add certainly uh the Secretary of State and whoever encourages Trump to do this to There's something particular about international law of genocide since it is uh the the maximal crime.
There is also legal responsibility and legal accountability.
Uh so uh punishments are meted out for the crime of genocide after the fact, but there's also an active responsibility to stop a genocide that is ongoing right now.
Again, I don't know whether anybody in the White House or the State Department has a shred of decency and honesty about this, but they have more than a shred of responsibility.
So they ought to look at what is actually happening so that they can understand that uh this is not a small matter.
Professor Sachs, thank you very much.
Uh these reports need to be uh publicized, read, summarized, digested, shouted from the uh rooftops, and you and I and others on this show and the people watching do our best to do that.
Thank you, my dear friend.
Well, thank you.
So next time we're seeing you next week, as always.
Very good.
Thank you.
Boy, this is getting so emotional and so diff difficult to take.
Murders all over the place in Utah in Gaza and the Caribbean.