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Donald Trump

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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
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
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
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
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
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
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
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
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
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
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
The weird odyssey of President Donald Trump's travel bans continues. The original ban, signed as an executive order Jan. 27, barred absolutely all immigrants and refugees from seven predominantly Muslim countries. The countries had actually been chosen by the State Department of former President Barack Obama. Obama never signed a ban, but Trump did. The... Read More
The Donald Trump I know is a smart guy who often thinks a few steps ahead of those whose will he is trying to bend. But I lately wonder whether he grasps the gravity of the legal peril that is beginning to show up around him. In the past week, we learned of an unfiltered... Read More
On the heels of his worst week in office, during which his crude comments about race were widely perceived as defending racism and hatred -- comments that sent some of his natural domestic allies fleeing -- President Donald Trump could not bring himself to articulate a mea culpa. Instead, he purported to defend as "some... Read More
Earlier this week, the Trump Department of Justice told the mayor of Chicago that it would cease funding grants to the Chicago Police Department that had been approved in the Obama administration because Chicago city officials were not cooperating with federal immigration officials. The DOJ contended that Chicago officials were contributing to lawlessness by refusing... Read More
During the past two weeks, President Donald Trump has made no secret of his unhappiness at the management of the Department of Justice under Attorney General Jeff Sessions. Actually, Trump seems most agitated at the growing parts of the DOJ that are not under Sessions' management. He is also angry that the trail of the... Read More
Last week, The New York Times revealed that in June 2016, Donald Trump Jr., the president's eldest son; Jared Kushner, the president's son-in-law and chief confidant; Paul Manafort, Trump's then-campaign chief executive; and others met secretly at Trump Tower with a former Russian prosecutor and a former Soviet counterintelligence agent to discuss what negative (most... Read More
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
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
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
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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
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
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
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
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
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
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
Talk TV sensationalists and axe-grinding ideologues have fallen for a myth of immigrant lawlessness.
What Was John McCain's True Wartime Record in Vietnam?
The evidence is clear — but often ignored
The unspoken statistical reality of urban crime over the last quarter century.
The major media overlooked Communist spies and Madoff’s fraud. What are they missing today?