Judge Napolitano: Two major constitutional issues with Anti-Weaponization Fund | Wake Up America

Added: 2026-05-21

[00:00:00]Our senior judicial analyst, Judge Andrew Napolitano. Great to see you both this morning.

[00:00:03]>> All right, Judge, I want to start with you. I mean, I agree with Senator Fetterman here. I have issues with this and I'm just not sure how you can be the defendant and the on both sides of this lawsuit. It's the Trump It's Trump against Trump.

[00:00:13]>> Doug and I have discussed this before and there's two major constitutional issues here. The first you raised. This is not a real lawsuit. There's no case or a controversy. The president can no person can be on both sides. In my view, Todd Blanche has very serious ethical issues because he signed this agreement knowing he works for the plaintiff.

[00:00:36]That's issue number one. Issue number two is the one Senator Fetterman raised.

[00:00:39]>> Okay. Where's the money coming from?

[00:00:41]Congress didn't authorize this. That Obama fund that the government cites as a precedent was express expressly authorized by the Congress. The Constitution says, "No money shall be spent from the public treasury but that which has been appropriated by Congress."

[00:00:57]So, I want to turn now to the indictment against Raul Castro. Take a listen to this.

[00:01:04]The indictment of Castro They've a lot of people have suffered very big. The Cuban population of Miami and certainly beyond Miami. People that came there that were decimated, whose families were ruined appreciate what the Attorney General just did today. We have Cuba on our mind. I think it's a very big day, very important day.

[00:01:29]So, Raul Castro faces four counts of murder, conspiracy, and destruction of an aircraft. Doug, where do you see this going? What happens now?

[00:01:35]>> Well, the main issue, of course, is are they going to be able to get him before the court? Obviously. Normally, you have extradition processes. That's out of the question cuz the Cuban government's never going to hand him over in any kind of extradition concept with the State Department. And then the next one is just grabbing him ala what they did in Venezuela with Maduro. It's very interesting cuz there is a Supreme Court case real quick, Alvarez Machain, where they kidnapped somebody in South America and the Supreme Court said that did not defeat jurisdiction. The tabloids reported it wrong. They said, "Does the Supreme Court okay is kidnapping?" The court said, ironically, "You're guilty of kidnapping in the foreign country and could be prosecuted for that, but it doesn't defeat jurisdiction here." So, simple explanation, if they grab him, um the case will go forward, but it's hard to predict what's going to happen.

[00:02:20]>> Yeah, I think I'd have a hard time sleeping at night if I was Raul Castro because the choppers probably going to be in the air soon.

[00:02:26]>> Probably so. I mean, he is 95 years old.

[00:02:28]He's not the sort of healthy, beefy guy that uh that Maduro was. But, I would think that they would uh not even ask him to show up. I think they'll probably go after him. The interesting question is this shooting down of the plane, which is 30 years ago, was this a governmental act? Because if it was a governmental act and he did it in his capacity as the Minister of Defense, he's immune from prosecution. Just like when President Trump sent drones to kill Iranian General Soleimani, the president did it as a governmental act. He's immune. He can't be charged for murder for that.

[00:03:02]>> Right. So, it would be the same principle and the same uh defense if there ever is a trial. Like I said, he's 95. So, yeah, that's what I was going to ask is what could his defense be here, Doug? Well, his defense uh first of all, you know, he's going to be 95 June 3rd, so don't rush [laughter] it.

[00:03:22]All right, approaching his 95th birthday.

[00:03:23]>> happy birthday, but it won't be a happy Isn't Wikipedia great? Yeah. No, but uh no, his defense will be obviously just, you know, test the evidence, the length of time. They'll raise statute of limitations, but they won't be successful cuz there is none for murder.

[00:03:36]You know, things like that. But, this is really This is not even about getting the criminal charges. This is about getting him out of the country, which then would topple the regime.

[00:03:43]>> Exactly, right.

[00:03:44]That's what they want to accomplish.

[00:03:46]Even though he is in retirement, he's the brother of Fidel Castro. He's the former president of Cuba. He was the Minister of Defense uh at the time. His removal would have a profound emotional and cultural effect on the Cuban government and the Cuban people.

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