Glenn Beck: TSA pat downs a violation of the Fourth Amendment?

Freedom Watch with Judge Andrew Napolitano, weeknights 8:00 p.m. on the Fox Business Network

GLENN: Judge Andrew Napolitano, weeknights 8:00 p.m. on the Fox Business Network. This is really turning into a great little network, it is. I mean, it is ‑‑ it’s very, dare I say libertarian and free‑thinking at night and fantastic. Judge?

JUDGE NAPOLITANO: You and I end up pushing the envelope, Glenn, to demonstrate to these people, many of whom also work with us on the Fox News Channel.

GLENN: Yeah.

JUDGE NAPOLITANO: The virtues of the free market, which are incomparable to anything that the mind of man has created.

GLENN: I know. I mean, anyway. Judge, tell me about, if ‑‑ my wife and I had this discussion last night because she’s going to fly commercially here in a couple of days.

JUDGE NAPOLITANO: Right.

GLENN: And she ‑‑

JUDGE NAPOLITANO: She can’t go through that machine because of who her husband is.

GLENN: Because you don’t believe, nor do I, that those images would be deleted?

JUDGE NAPOLITANO: Absolutely not. We have a history of over a hundred of them being passed around the federal courthouse in Baltimore. Now, the federal courthouse is ten miles from the airport in Baltimore. Question: What were they doing in the courthouse? Well, somebody in the TSA sent some to a federal marshal via computer in the courthouse and they started passing them around. They may not have known who the people were, but we know that the government can’t be trusted. You and I have written books and given dozens of speeches on government lying. It’s well documented. It need not be recounted here. But the recent examples of the abuse of privacy show us that the government cannot be trusted with pictures of our private parts. And you are a target of people in the government because you have exposed them for what they are and they cannot be trusted with private information about Glenn Beck. That’s given.

GLENN: I have news for you. I wouldn’t allow my daughters, even if I was Joe Schmoe, I wouldn’t let my daughters or I won’t want my wife walking through it. I mean, I don’t want my ‑‑ I don’t want pictures of my daughters.

JUDGE NAPOLITANO: Right.

GLENN: Or quite frankly my 5‑year‑old son. No.

JUDGE NAPOLITANO: I agree with you. And this is why if I have to travel ‑‑ I’m not traveling this weekend. I’m already out at my farm and I’m able fortunately to drive there from the city. I would opt for the pat‑down and I would do a number of things. I’ve advised people on Freedom Watch, my show, and on your show when we talked about this the other day on the Glenn Beck program.

GLENN: So what do you do? What do you do?

JUDGE NAPOLITANO: Well, you resist within the limits of the law. You ask for the name, rank and serial number of everybody that touches you. You remember that the camera is the new gun. You take a picture of them before and after your cellphone goes through the x‑ray scanner. You protest loudly not to the point where they can’t get their work done but you say to others there things like, is this America? Is this a free society? I buy a ticket on a private airline for a private flight. Suddenly a government agent is feeling me up. You embarrass, you humiliate, and you tell them, "You know, guys, the laws are about to change. The reason I’m asking for your name, rank and serial number is because you will soon be a defendant in a civil case and maybe even in a criminal case at this stage."

GLENN: Okay. Hang on just a second, Judge.

JUDGE NAPOLITANO: Sure.

GLENN: Because I believe this is a ploy to sweep the TSA into the labor unions because they are all going to feel like they need somebody to protect them from the evil public. This is ‑‑ what you’re suggesting I believe works exactly into the hands of the labor unions, which are already, they ‑‑ yesterday they ran a full ‑‑ I’m sorry, half‑page ad, AFL‑CIO defending the TSA and saying, "We’re on your side, TSA."

JUDGE NAPOLITANO: Well, you know, Cousin Janet who, of course, is no relation to me. I use that phrase just to taunt her to come on my show. I’ve even invited her over to my Thanksgiving dinner, although my mother would have a heart attack if she showed up. But anyway, Cousin Janet said very simply that we may need to deploy TSA agents elsewhere in society. Could you imagine if they do this to us when we get on a train, when we get on a bus ‑‑

GLENN: Well, they’re saying ‑‑

JUDGE NAPOLITANO: ‑‑ when you walk into the Fox building? Where will this end?

GLENN: They are saying that they are putting it in the trains now. That was the news I saw, what, about 10 minutes ago, Pat? That they are now going to put these things into ‑‑

PAT: Trains and metro.

JUDGE NAPOLITANO: I know that provocations will lead to a stiffening of the government’s back but it will also need to a realization that we cannot become a nation of sheep. It may also lead to this: I suspect a lot of those TSA agents hate doing this as much as we ‑‑

GLENN: Oh, I do, too.

JUDGE NAPOLITANO: ‑‑ hate having them do it.

PAT: You know they do.

GLENN: I agree with you. I agree with you on that and that’s why, that’s why I disagree with you on the humiliate. I think inform them and be kind, be gentle, be as Gandhi‑like or as Christ‑like as you can but inform them that things are going to change, guys, and you don’t want to do this.

JUDGE NAPOLITANO: Well, I had that great libertarian singer Trace Adkins on my show.

GLENN: Yeah.

JUDGE NAPOLITANO: And I asked him what he was going to do. He, of course, is going to suggest that he enjoys what they are doing and he welcomes more hands on his body. Now, you know him. He’s about 6′ 8," about 300 pounds.

GLENN: I know.

PAT: Yeah. That would be funny from Trace Adkins.

GLENN: I know.

PAT: That would be effective.

GLENN: It’s pretty amazing. It’s pretty amazing. Judge, God bless you, man, and keep it up. Would you do me a favor?

JUDGE NAPOLITANO: Sure.

GLENN: Go to TheBlaze.com today and look at the stories, what are they, Pat? There’s three of them on revolutionaries and communists talking about, there’s the animal liberation people that are sending bloody used razor blades to people and they’re saying it’s time for a revolution. You have the communists ‑‑

PAT: And socialists preparing for violence and revolution.

GLENN: Yeah, and calling for it now. All of the things, Judge, that we have talked about. And I would just like you to see these videos because you’re a guy who really gets it.

JUDGE NAPOLITANO: I will. I will.

GLENN: And I’d love to, I’d love to hear your advice on ‑‑

JUDGE NAPOLITANO: Gold and guns.

GLENN: Judge ‑‑

JUDGE NAPOLITANO: And God, but he’s always with us.

GLENN: I love you. Thank you so much.

JUDGE NAPOLITANO: Love you, too. Happy Thanksgiving.

Same to you, Pat.

GLENN: You, too. Bye‑bye.