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 BlogviewAndrew Napolitano Archive

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The litigation brought by Stormy Daniels against Donald Trump has had its day of reckoning. The adult-film star who sued the president for defamation not only lost a portion of her lawsuit but was ordered to pay the president's legal bills. All this was a resounding victory for the freedom of speech. After the right... Read More
What if the whole purpose of an independent judiciary is to be anti-democratic? What if its job is to disregard politics? What if its duty is to preserve the liberties of the minority -- even a minority of one -- from the tyranny of the majority? What if that tyranny can come from unjust laws... Read More
Harsh winds are blowing on Capitol Hill. The hoped-for and feared clash between Judge Brett M. Kavanaugh and his principal accuser, Dr. Christine Blasey Ford, has come and gone, with all of its calculated and spontaneous outbursts, as well as gut-wrenching emotion. Dr. Ford subjected herself to the public humiliation of revealing an intimate and... Read More
Until two weeks ago, President Donald Trump's nomination of Judge Brett Kavanaugh to a seat on the U.S. Supreme Court seemed a sure thing. He ably handled more than 1,200 questions put to him by members of the Senate Judiciary Committee. He demonstrated even to his adversaries a masterful command of constitutional jurisprudence. The FBI... Read More
If you have been following the serious destruction brought about by Hurricane Florence in North Carolina and the political turmoil caused by the allegations of teenage sexual misconduct made by Dr. Christine Blasey Ford against Judge Brett Kavanaugh, along with his firm and unbending denials, you might have missed a profound event in a federal... Read More
Last week, The New York Times published a scathing critique of Donald Trump -- the man and the president. The Times said the critique was written by a senior Trump administration official who insisted on remaining unnamed. This bitter and harsh editorial, which portrays the president as dangerous to the health of the republic and... Read More
Last week, I was intrigued by all the fanfare attendant upon the national farewell to the late Sen. John McCain. I have written in this space that McCain and I were friends who spoke many times, but generally only about the issues upon which we agreed -- abortion, immigration and torture. On those issues, he... Read More
About four years ago, I was browsing through one of Manhattan's last remaining independent bookstores, when my cellphone rang. I didn't recognize the incoming telephone number, with its 202 area code, but I assumed it was a Fox News colleague from our Washington bureau. When I answered the phone, a somewhat familiar but somber voice... Read More
When federal prosecutors are nearing the end of criminal investigations, they often invite the subjects of those investigations to speak with them. The soon-to-be defendants are tempted to give their version of events to prosecutors, and prosecutors are looking to take the legal pulse of the subjects of their work. These invitations should always be... Read More
In the past week, former New York Mayor Rudolph Giuliani, now the chief lawyer and principal spokesman for President Donald Trump's legal team, has offered arguments more harmful to Trump than helpful. In a series of combative, disjointed and logically challenged television rants, Giuliani has essentially argued that Trump did not engage in any conspiracy... Read More
Last week, in Ridgewood, New Jersey, a 92-year-old unsung American patriot lost his battle with congestive heart failure. He had been surrounded by his wife and children and their spouses and their children. He left this vale of tears in his wife's arms, peacefully and with dignity. His was an American life. He was born... Read More
As a trial judge in New Jersey during the Ronald Reagan and George H.W. Bush years, I spent much of my time trying to settle cases. This process involved bringing into my chambers the lawyers for the disputants and asking them in the absence of their adversaries to lay their cards on the table. After... Read More
When Donald Trump started running for the Republican nomination for president in June 2015, he began by attacking the Republican establishment in Washington, and he began his attack by calling the establishment "the swamp." His real target was the permanent government and its enablers in the legal, financial, diplomatic and intelligence communities in Washington. These... Read More
The Declaration of Independence -- which was signed on July 3, 1776, for public release on July 4 -- was Thomas Jefferson's masterpiece. Jefferson himself wrote much about the declaration in the 50 years that followed. Not the least of what he wrote offered his view that the declaration and the values that it articulated... Read More
Last weekend, President Donald Trump argued that those foreigners who enter the United States unlawfully should simply be taken to the border, escorted across it and let go. According to the president, this would save precious government resources, avoid the business of separating children from their parents and free up the Border Patrol and other... Read More
When President Donald Trump appointed Atlanta lawyer Christopher Wray to succeed James Comey as the director of the FBI, my initial reaction was not positive. Wray is a veteran of the Department of Justice and is part of that good-old-boy DOJ network that knows how to protect its own. Indeed, when then-New Jersey Gov. Chris... Read More
Amid all the happy hoopla over President Donald Trump's trip to Singapore, where he began the process for what he hopes will be the normalization of relations between the United States and North Korea and the denuclearization of the Korean Peninsula, has come an effort by the House Intelligence Committee to interfere with the criminal... Read More
This past weekend, President Donald Trump and the most visible member of his legal team, former New York Mayor Rudolph Giuliani, fired up their campaign against special counsel Robert Mueller. They attacked people at the Department of Justice whom Trump appointed. They smeared career DOJ lawyers and FBI agents by offering allegations without showing any... Read More
This past weekend, President Donald Trump suggested that his presidential campaign may have been the victim of spies or moles who were FBI informants or undercover agents. He demanded an investigation to get to the bottom of the matter. At the same time that the president was fuming over this, Republican congressional leaders were fuming... Read More
In 1992, Congress passed a statute authored by then-Sen. Bill Bradley of New Jersey, who was a former Princeton University and New York Knicks basketball superstar, prohibiting the states from authorizing sports betting. At that time, gambling in Atlantic City was flourishing, and notwithstanding one of its own senators' efforts to keep gambling away from... Read More
Late last week, a federal judge in Alexandria, Virginia, questioned the authority of special counsel Robert Mueller to seek an indictment and pursue the prosecution of former Trump campaign manager Paul Manafort for alleged financial crimes that, according to the indictment, began and ended well before Donald Trump ran for president. Mueller was appointed special... Read More
In a startling revelation earlier this week, The New York Times published what it claims are 49 questions that special counsel Robert Mueller sent to lawyers for President Donald Trump. The questions are apparently a road map of inquiry that Mueller and his prosecutors and FBI agents plan to put to the president if the... Read More
A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from all others. Usually, they answer that it's the clauses that guarantee the freedom of speech, privacy and due process. Yes, each of those guarantees --... Read More
A few weeks ago, President Donald Trump was an outwardly happy man because of the utterance of one solitary word from the lips of special counsel Robert Mueller to one of Trump's lawyers. The word that thrilled the president and his legal team was "subject." It seems that Mueller and one of Trump's lawyers had... Read More
In the midst of worrying about North Korea, Syria and Democrats taking control of the House of Representatives this fall, President Donald Trump is now worrying about a government assault on his own business, which targeted his own lawyer. Michael Cohen has been the personal lawyer for Trump and for the Trump Organization -- the... Read More
Robert Mueller is the special counsel appointed by Deputy Attorney General Rod Rosenstein in May 2017 to probe the nature and extent of Russian interference in the 2016 presidential campaign. The investigation began in October 2016 under President Barack Obama when the FBI took seriously the boast of Carter Page, one of candidate Donald Trump's... Read More
What is the connection between personal freedom and rising from the dead? When America was in its infancy and struggling to find a culture and frustrated at governance from Great Britain, the word most frequently uttered in speeches and pamphlets and editorials was not "safety" or "taxes" or "peace"; it was "freedom." Two acts of... Read More
For the past few days, the nation's media and political class have been fixated on the firing of the No. 2 person in the FBI, Deputy Director Andrew McCabe. McCabe became embroiled in the investigation of President Donald Trump because of his alleged approval of the use of a political dossier, written about Trump and... Read More
When James Madison drafted the First Amendment -- “Congress shall make no law … abridging the freedom of speech” -- he made sure to use the article “the” in front of the word “freedom.” What seemed normal to him and superfluous to moderns was actually a profound signal that has resonated for 227 years. The... Read More
Late Monday afternoon, we were treated to a series of bizarre interviews on nearly every major cable television channel except Fox when a colorful character named Sam Nunberg, a former personal and political aide to Donald Trump, took to the airwaves to denounce a grand jury subpoena he received compelling the production of documents and... Read More
The Ash Wednesday massacre at Marjory Stoneman Douglas High School in Parkland, Florida, seems to have broken more hearts than similar tragedies that preceded it. It was no more senseless than other American school shootings, but there is something about the innocence and bravery and eloquence of the youthful survivors that has touched the souls... Read More
Last Friday, a federal grand jury sitting in Washington, D.C., indicted 13 Russian nationals and three Russian corporations for conspiracy and for using false instruments and computer hacking so as to influence the American presidential election in 2016. The indictment alleges a vast, organized and professional effort, funded by tens of millions of dollars, whereby... Read More
Imagine you open the faucet of your kitchen sink expecting water and instead out comes cash. Now imagine that it comes out at the rate of $1 million a minute. You call your plumber, who thinks you're crazy. To get you off the phone, he opines that it is your sink and therefore must be... Read More
We remain embroiled in a debate over the nature and extent of our own government's spying on us. The Foreign Intelligence Surveillance Act, which was enacted in 1978 as a response to the unlawful government spying of the Watergate era, was a lawful means for the government to engage in foreign surveillance on U.S. soil,... Read More
I have argued for a few weeks now that House Intelligence Committee members have committed misconduct in office by concealing evidence of spying abuses by the National Security Agency and the FBI. They did this by sitting on a four-page memo that summarizes the abuse of raw intelligence data while Congress was debating a massive... Read More
During the past three weeks, Congress passed and President Donald Trump signed into law vast new powers for the NSA and the FBI to spy on innocent Americans and selectively to pass on to law enforcement the fruits of that spying. Those fruits can now lawfully include all fiber-optic data transmitted to or in the... Read More
Late last week, Rep. Devin Nunes, R-Calif., chairman of the House Permanent Select Committee on Intelligence, repeated his public observations that members of the intelligence community -- particularly the CIA, the NSA and the intelligence division of the FBI -- are not trustworthy with the nation's intelligence secrets. Because he has a security clearance at... Read More
Hidden beneath the controversy stirred up last week by the publication of a book called "Fire and Fury," a highly critical insider's view of the Trump White House that the president has not only denounced on national television but also tried to prevent from being published and distributed, are the efforts of the Trump administration... Read More
1) In 2018, a. the Democrats will win control of the House of Representatives. b. the Republicans will retain control of the Senate. c. President Donald Trump will provoke the use of the 25th Amendment by his Cabinet to remove him temporarily from office. d. the key issue in the congressional races will be whether... 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
Within hours of his victory in last year's presidential election, Donald Trump dispatched his lawyers to establish a nonprofit corporation to manage his transition from private life to the presidency. This was done pursuant to a federal statute that provides for taxpayer-funded assistance to the newly elected -- but not yet inaugurated -- president. The... Read More
For the second time in two months, someone who has pledged allegiance to the Islamic State has plotted to kill innocents in New York City and has executed his plot. According to police, at the height of the Monday morning rush hour this week, in an underground pedestrian walkway that I have used many times,... Read More
This is a tale of FBI power misused and presidential trust misplaced. Last week, retired Lt. Gen. Michael Flynn, President Donald Trump's confidant on matters pertaining to national security from June 2015 to February 2017 and his short-lived national security adviser in the White House, pleaded guilty in federal court in Washington, D.C., to a... Read More
In August, when President Donald Trump's lawyers persuaded him to refrain from attacking independent counsel Robert Mueller publicly -- he had many times called Mueller's investigation a "witch hunt" -- they also told him that the investigation was not aimed at him and not to worry because it would be over by Thanksgiving. These are... Read More
Should the government borrow against the future? Should it guarantee higher taxes for your children and grandchildren in return for lower taxes for you? If government's moral legitimacy depends on the consent of the governed, as Thomas Jefferson argued in the Declaration of Independence, can the federal government morally compel those who haven't consented to... Read More
What if the government doesn't really deliver for us? What if its failures to protect our lives, liberties and property are glaring? What if nothing changes after these failures? What if the National Security Agency -- the federal government's domestic spying apparatus -- has convinced Congress that it needs to cut constitutional corners in order... Read More
Earlier this week, the government revealed that a grand jury sitting in Washington, D.C., indicted a former Trump presidential campaign chairman and his former deputy and business partner for numerous felonies. Both were accused of working as foreign agents and failing to report that status to the federal government, using shell corporations to launder income... Read More
I am in Switzerland this week interacting with and lecturing to students and faculty at the University of Zurich. The subject of our work is the U.S. Constitution and its protections of personal liberty. In most countries, government has begrudgingly granted snippets of personal liberty to keep those who are demanding it at bay. Throughout... Read More
Late last week, President Donald Trump signed an executive order directing the secretaries of the treasury and health and human services to cease making payments to health care insurance companies in behalf of the more than 6 million Americans who qualify for these payments under the Patient Protection and Affordable Care Act, commonly known as... Read More
Sometimes the public expression of unwanted ideas reaches directly into our living rooms. When President Donald Trump attacked a half-dozen or so professional football players who, instead of standing during the traditional playing of the national anthem prior to football games, "took a knee" by kneeling on one or both of their knees during the... 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
Are elite university admissions based on meritocracy and diversity as claimed?
What Was John McCain's True Wartime Record in Vietnam?
Hundreds of POWs may have been left to die in Vietnam, abandoned by their government—and our media.
The evidence is clear — but often ignored
The “war hero” candidate buried information about POWs left behind in Vietnam.