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2016 Election

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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
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
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
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
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
Late last week, the inspector general of the State Department completed a yearlong investigation into the use by Hillary Clinton of a private email server for all of her official government email as secretary of state. The investigation was launched when information technology officials at the State Department under Secretary of State John Kerry learned... Read More
The bad legal news for Hillary Clinton continued to cascade upon her presidential hopes during the past week in what has amounted to a perfect storm of legal misery. Here is what happened. Last week, Mrs. Clinton’s five closest advisors when she was Secretary of State, four of whom remain close to her and have... Read More
Last weekend, Hillary Clinton dispatched her husband, former President Bill Clinton, to offer a defense of her alleged espionage. The espionage allegations against her are that in order to escape public and Obama administration scrutiny, she had all of her emails as secretary of state diverted from a secure government server to a non-secure server... Read More
President Barack Obama’s recent remarks to my Fox News colleague Chris Wallace about Hillary Clinton’s email issues were either Machiavellian or dumb. It is difficult to tell from them whether he wants the mountain of evidence of her criminal behavior presented to a federal grand jury or he wants her to succeed him in the... Read More
What if Hillary Clinton is in legal hot water and she knows it but won't admit it? What if she has decided to go on the offensive and make her case that she did nothing unlawful with her emails that contained state secrets? What if the essence of her defense is that other secretaries of... Read More
Surely, Hillary Clinton hopes for the happy conclusion to the maddening string of primaries and caucuses that have exhausted her. Surely, she hopes to be the presidential nominee of the Democratic Party this year. And surely, she hopes to be elected president. These hopes are realistic probabilities in her own mind. But if she is... Read More
What if all the remaining presidential candidates really want the same things? What if they all offer essentially the same ideas couched in different words? What if these primary races have become beauty pageants largely based on personality and advertising? What if our system of governance is so deep into the fabric of big government... Read More
This has not been a good week for Hillary Clinton. She prevailed over Sen. Bernie Sanders in the Iowa Democratic presidential caucuses by less than four tenths of one percent of all votes cast, after having led him in polls in Iowa at one time by 40 percentage points. In her statement to supporters, standing... Read More
The federal criminal investigation of former Secretary of State Hillary Clinton's failure to secure state secrets was ratcheted up earlier this week, and at the same time, the existence of a parallel criminal investigation of another aspect of her behavior was made known. This is the second publicly revealed expansion of the FBI's investigations in... Read More
At long last, Hillary Clinton testifies on the 2012 terrorist attacks in Benghazi, Libya, and her emails as secretary of state. Here are some suggested questions. Although these suggestions are based on the public record, we need to assume that the members of the House Benghazi Committee have seen far more than the public has.... Read More
Why is Hillary Clinton so unhappy? According to her, when she and her husband left the White House, they were dead broke. Yet they left with a truckload of valuable furniture, dinnerware and flatware that was the property of the federal government, for which they were never prosecuted. They also left with contracts for lectures... Read More
While the FBI continued to analyze the emails Hillary Clinton thought she deleted and her advisers pressed her to hire a Republican criminal defense attorney in Washington, a madman used a lawfully purchased handgun to kill a professor and eight students at a community college in Roseburg, Oregon. Looking to change the subject away from... Read More
What if former U.S. Secretary of State Hillary Clinton has been pulling the wool over our eyes for years? What if, while she was secretary of state, she ran two secret wars, one in Libya and one in Syria? What if there already were wars in each of those countries, so she used those wars... Read More
While the scandal surrounding the emails sent and received by Hillary Clinton during her time as U.S. secretary of state continues to grow, Clinton has resorted to laughing it off. This past weekend she told an audience of Iowa Democrats that she loves her Snapchat account because the messages automatically disappear. No one in the... Read More
The dust-up between New Jersey Gov. Chris Christie and Kentucky Sen. Rand Paul over presidential fidelity to the Constitution -- particularly the Fourth Amendment -- was the most illuminating two minutes of the Republican debate last week. It is a well-regarded historical truism that the Fourth Amendment was written by victims of government snooping, 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.

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