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A Collection of Interesting, Important, and Controversial Perspectives Largely Excluded from the American Mainstream Media
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 Andrew Napolitano ArchiveBlogview
Earlier this week, after nearly uniform rejections by judges all across the country, President Donald Trump achieved a court victory in the persistent challenges to his most recent executive order restricting the immigration of people into the United States from six predominately Muslim countries. Lower federal courts had consistently ruled that the president's behavior was... Read More
I was surprised last weekend when one of President Donald Trump's lawyers told my colleague Chris Wallace twice on "Fox News Sunday" that the president is being investigated by the FBI and then told him twice that he is not. This same lawyer repeated the "not being investigated" argument on a half-dozen other Sunday shows... Read More
Last week, when former FBI Director James Comey gave his long-awaited public testimony about his apparently rough-and-tumble relationship with President Donald Trump, he painted a bleak picture. The essence of Comey's testimony was that the president asked him to drop an investigation of retired Lt. Gen. Michael Flynn -- Trump's former national security adviser --... Read More
Last weekend, the FBI arrested an employee of a corporation in Augusta, Georgia, that had a contract with the National Security Agency and charged her with espionage. Espionage occurs when someone who has been entrusted to safeguard state secrets fails to do so. In this case, the government alleges that the person to whom state... Read More
“The makers of our Constitution … conferred, as against the Government, the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men.” -- Justice Louis D. Brandeis, 1928 After the Watergate era had ended and Jimmy Carter was in the White House and the Senate’s Church... Read More
The bad news for President Donald Trump keeps coming his way, notwithstanding a generally bravura performance on the foreign stage this past week in Riyadh, Jerusalem and Vatican City. Yet while he was overseas, his colleagues here in the United States have been advising him to hire criminal defense counsel, and he has apparently begun... Read More
In a period of seven days this month, President Donald Trump fired James Comey as director of the FBI and was accused of sharing top-secret intelligence data with the Russian foreign minister and the Russian ambassador to the United States, the latter a known Russian spy. The Comey firing was clumsy and rude. Comey learned... Read More
Last week, the U.S. House of Representatives crafted a partisan compromise bill that endorsed and reinforced the Affordable Care Act, or Obamacare. This was done notwithstanding claims to the contrary by President Donald Trump and the House Republican leadership, who want us to believe that this bill, if it becomes law, will effectively repeal and... Read More
Late last week, President Donald Trump told CBS News that domestic surveillance of American citizens should the “No. 1” topic of inquiry until we can find out “what the hell is going on” with it. Also late last week, the National Security Agency -- the federal government’s 60,000-person-strong domestic spying agency -- announced that it... Read More
Last weekend, The New York Times published a long piece about the effect the FBI had on the outcome of the 2016 presidential campaign. As we all know, Donald Trump won a comfortable victory in the Electoral College while falling about 3 million votes behind Hillary Clinton in the popular vote. I believe that Clinton... Read More
What if our belief in self-government is a belief in a myth? What if the election of one political party over the other to control Congress changes only appearances? What if taxes stay high and regulations stay pervasive and the government stays oppressive and presidents fight wars no matter what the politicians promise and no... Read More
The issue of federal government surveillance of Americans has largely occupied Washington politicians and the media since President Donald Trump first accused the administration of his predecessor of spying on him while he and his colleagues worked at Trump Tower in New York City during the presidential election campaign and during the presidential transition. Trump's... Read More
The political fiasco that unfolded last week as President Donald Trump and the Republican House leadership failed to pass legislation repealing the Affordable Care Act, commonly called Obamacare, is attributable as much to the failure of politics as it is to the failure of politicians to understand the constitutional role of the federal government. Republicans... Read More
I have spent this past week watching the Senate Judiciary Committee interrogating U.S. Circuit Judge Neil Gorsuch. Judge Gorsuch is President Donald Trump's nominee to fill the vacancy on the U.S. Supreme Court. The vacancy was created by the death of Justice Antonin Scalia more than 13 months ago. The Supreme Court is currently generally... Read More
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The question of whether former President Barack Obama actually spied on President Donald Trump during the 2016 presidential campaign and transition has been tantalizing Washington since President Trump first made the allegation nearly two weeks ago. Since then, three investigations have been launched -- one by the FBI, one by the House of Representatives and... Read More
Those of us who believe that the Constitution means what it says have been arguing since the late 1970s that congressional efforts to strengthen national security by weakening personal liberty are unconstitutional, un-American and ineffective. The Foreign Intelligence Surveillance Act, which Congress passed in the aftermath of President Richard Nixon’s use of the CIA and... Read More
Last week, The Wall Street Journal revealed that members of the intelligence community -- part of the deep state, the unseen government within the government that does not change with elections -- now have acquired so much data on everyone in America that they can selectively reveal it to reward their friends and harm their... Read More
Over the past weekend, Trump administration officials offered harsh criticisms of the judicial interference with the enforcement of the president's immigration order. The Jan. 27 order suspended the immigration privileges of all refugees from Syria indefinitely and all immigrants from seven designated countries for 90 days. After a federal district judge in Seattle enjoined the... Read More
Last week, in a public courtroom in the federal courthouse in Seattle, the states of Washington and Minnesota -- after suing President Donald Trump, alleging injury caused by his executive order that suspended the immigration of all people from seven foreign countries -- asked a federal judge to compel the president and all those who... Read More
This past weekend, we all saw massive public outrage in major cities throughout the country. It was directed at the Jan. 27 issuance of an executive order, signed by President Donald Trump, addressing immigration. With the executive order, the president ordered the suspension of entry of all refugees to the United States for 120 days,... Read More
Within four hours of becoming president of the United States, Donald Trump signed an executive order intended to limit immediately the effects of the Patient Protection and Affordable Care Act (Obamacare) in ways that are revolutionary. With the stroke of a pen, the president assaulted the heart of the law that was the domestic centerpiece... Read More
On Jan. 3, outgoing Attorney General Loretta Lynch secretly signed an order directing the National Security Agency -- America's 60,000-person-strong domestic spying apparatus -- to make available raw spying data to all other federal intelligence agencies, which then can pass it on to their counterparts in foreign countries and in the 50 states upon request.... Read More
The criminal investigation of Hillary Clinton is back front and center now that the FBI has released proof that her failure to safeguard state secrets caused the secrets to fall into the hands of foreign governments, some of which wish the United States ill. Even though the case against her -- which was closed and... Read More
Over the New Year's weekend, President Barack Obama's chief policy adviser and closest strategist, Valerie Jarrett, told a talk show host that her boss would have a happy legacy because there was an absence of scandal in his administration. When first I heard this preposterous claim, I thought I had misheard it. Yet it is... Read More
1) In 2017, President Donald Trump and the Republican-controlled Congress will a. repeal Obamacare entirely. b. squabble among themselves and make only cosmetic changes to Obamacare. c. retain the core of Obamacare because President Trump will have a change of heart. d. repeal Obamacare and replace it with a combined soft free market and soft... Read More
What if Christmas is a core value of belief in a personal God who lived among us and His freely given promise of eternal salvation that no believer should reject or apologize for? What if Christmas is the rebirth of Christ in the hearts of all believers? What if Christmas is the potential rebirth of... Read More
Earlier this week, leaders of the Democratic National Committee and former officials of Hillary Clinton’s presidential campaign made the startling allegation that the Russian government hacked into Clinton’s colleagues’ email accounts to tilt the presidential election toward Donald Trump. They even pointed to statements made by CIA officials backing their allegations. President-elect Trump has characterized... Read More
Last week, President-elect Donald Trump re-emphasized the approach he will take in enforcing the nation's immigration laws, which is much different from the manner of enforcement utilized by President Barack Obama. The latter pointedly declined to deport the 5 million undocumented immigrants in the United States who are the parents of children born here --... Read More
"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion." -- U.S. Supreme Court Justice Robert H. Jackson Is flag burning protected speech? This old issue returned front and center earlier this... Read More
What if on Thanksgiving Day there is more to be fearful about than there is to be thankful for? What if our political season from hell is not over but merely transformed? What if the election season through which we all just suffered is a portent of things to come? What if the election was... Read More
When Hillary Clinton delivered a campaign post-mortem to her major supporters in a telephone conference call late last week, she blamed her loss in the presidential election on FBI Director James Comey. She should have blamed the loss on herself. Her refusal to safeguard state secrets while she was secretary of state and her failure... Read More
The forgotten man decided the presidential election. Donald Trump persuaded the forgotten man to repose his anger and frustration and power into Trump's hands. Who is the forgotten man? What does he want from government? Why did he vote for Trump? When the tide began to turn against Hillary Clinton on Tuesday night, I planned... Read More
I had intended to use this final column before the presidential election to explain at length why I cannot vote for either Hillary Clinton or Donald Trump and plan to vote for Gary Johnson for president. In a nutshell, big government is our biggest problem. It thrives on more debt, more taxes, more regulations, more... Read More
When FBI Director James Comey announced on July 5 that the Department of Justice would not seek the indictment of Hillary Clinton for failure to safeguard state secrets related to her email use while she was secretary of state, he both jumped the gun and set in motion a series of events that surely he... Read More
What if the Declaration of Independence states that the purpose of government is to protect our natural rights? What if natural rights are the freedoms we enjoy without neighbors or strangers or government interfering? What if those freedoms are listed in part in the Bill of Rights? What if the government is supposed to keep... Read More
It seems that at every turn during this crazy presidential election campaign -- with its deeply flawed principal candidates (whom do you hate less?) -- someone's personal or professional computer records are being hacked. First it was Hillary Clinton's emails that she had failed to surrender to the State Department. Then it was a portion... Read More
What if the most remarkable aspect of this presidential election is not how much the two principal candidates disagree with each other but how much they actually agree? What if they are both statists? What if they both believe that the government’s first duty is to take care of itself? What if they both believe... Read More
In this weekly column and in my on-air work at Fox News, I have characterized former Secretary of State Hillary Clinton as a crook and as the "Queen of Deception." I have argued that there is enough credible evidence in the public domain to indict, prosecute and convict her of espionage, perjury, misleading Congress, public... Read More
"No person shall ... be deprived of life, liberty, or property, without due process of law..." -- Fifth Amendment to the U.S. Constitution. The clash in American history between liberty and safety is as old as the republic itself. As far back as 1798, notwithstanding the lofty goals and individualistic values of the Declaration of... Read More
Earlier this week, Republican leaders in both houses of Congress took the FBI to task for its failure to be transparent. In the House, it was apparently necessary to serve a subpoena on an FBI agent to obtain what members of Congress want to see; and in the Senate, the chairman of the Judiciary Committee... Read More
On Sept. 2, the FBI released a lengthy explanation of its investigation of Hillary Clinton and a summary of the evidence amassed against her. It also released a summary of Clinton's July FBI interrogation. The interrogation was in some respects standard and in others very troubling. It was standard in that she was confronted with... Read More
When former Secretary of State Hillary Clinton was asked last week if she has misled the American people on the issue of her failure to safeguard state secrets contained in her emails, she told my Fox News colleague, Chris Wallace, that the FBI had exonerated her. When pressed by Wallace, she argued that FBI Director... Read More
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On the eve of the Democratic National Convention, WikiLeaks -- the courageous international organization dedicated to governmental transparency -- exposed hundreds of internal emails circulated among senior staff of the Democratic National Committee during the past 18 months. At a time when Democratic Party officials were publicly professing neutrality during the party’s presidential primaries, the... Read More
This summer, we have all witnessed the heavy hand of government intervening in the freedom of speech, as the behavior of the Secret Service at both the Republican convention in Cleveland and the Democratic convention in Philadelphia was troubling and unconstitutional. Though the First Amendment was originally written only to restrain Congress ("Congress shall make... Read More
What if the folks who run the Department of Political Justice recently were told that the republic would suffer if Hillary Clinton were indicted for espionage because Donald Trump might succeed Barack Obama in the presidency? What if espionage is the failure to safeguard state secrets and the evidence that Clinton failed to safeguard them... Read More
When FBI Director James Comey publicly revealed his recommendation to the Department of Justice last week that former Secretary of State Hillary Clinton not be prosecuted for espionage, he unleashed a firestorm of criticism from those who believe that Clinton was judged by different standards from those used to judge others when deciding whether to... Read More
Is it worth impairing the reputation of the FBI and the Department of Justice to save Hillary Clinton from a deserved criminal prosecution by playing word games? What has become of the rule of law -- no one is beneath its protections or above its requirements -- when the American public can witness a game... Read More
The 800-plus-page report of the House Select Committee on Benghazi was released earlier this week. It slams former Secretary of State Hillary Clinton for her willful indifference to her obligation to repel military-style attacks on American interests and personnel at the U.S. Consulate and a nearby CIA annex in Benghazi, Libya. She particularly failed to... Read More
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The people in the government who want to control our personal choices are the enemies of freedom. And the enemies of freedom can be very clever and seductive. Last week, these folks, manifesting their lust to keep us dependent upon the government by rejecting the natural right to self-defense, coined a clever phrase: "No fly,... Read More
Most of the mass killings by gun in the United States in recent years -- Columbine, Virginia Tech, Aurora, Newtown, Charleston, San Bernardino and now Orlando -- took place in venues where local or state law prohibited carrying guns, even by those lawfully licensed to do so. The government cheerfully calls these venues "gun-free zones."... Read More
Andrew Napolitano
About Andrew Napolitano

Judge Andrew P. Napolitano is a graduate of Princeton University and the University of Notre Dame Law School. He is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, when he presided over more than 150 jury trials and thousands of motions, sentencings, and hearings. Judge Napolitano taught constitutional law and jurisprudence at Delaware Law School for two years and at Seton Hall Law School for 11 years. He was often chosen by the students as their most outstanding professor. He returned to private practice in 1995, and began television work in the same year.

As Fox News’ Senior Judicial Analyst since 1998, Judge Napolitano broadcasts nationwide on the Fox News Channel throughout the day, Monday through Friday. He is nationally known for watching and reporting on the government as it takes liberty and property.

Judge Napolitano lectures nationally on the U.S. Constitution, the rule of law, civil liberties in wartime, and human freedom. He has been published in the New York Times, the Wall Street Journal, the Los Angeles Times, and numerous other publications. His weekly newspaper column is seen by millions every week.

The Judge is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. His most recent book is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.


PastClassics
The “war hero” candidate buried information about POWs left behind in Vietnam.
While other top brass played press agents for the administration’s war, William Odom told the truth about Iraq—though few listened.
What Was John McCain's True Wartime Record in Vietnam?