Judge Andrew P. Napolitano from Creators Syndicate https://www.creators.com/read/judge-napolitano Creators Syndicate is an international syndication company that represents cartoonists and columnists of the highest caliber. en Tue, 18 Sep 2018 06:07:22 -0700 https://www.creators.com/ http://blogs.law.harvard.edu/tech/rss Judge Andrew P. Napolitano from Creators Syndicate https://cdn.creators.com/features/judge-andrew-p-napolitano-thumb.jpg https://www.creators.com/read/judge-napolitano d12d0de4b9395e183a19ce42f1b72965 Donald Trump and the Rule of Law for 09/13/2018 https://www.creators.com/read/judge-napolitano/09/18/donald-trump-and-the-rule-of-law Thu, 13 Sep 2018 00:00:00 -0700 <p></p><p>Last week, The New York Times published a scathing critique of Donald Trump &#8212; 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 his White House as slouching toward dysfunctionality, has understandably infuriated him.</p> <p>Trump first accused the Times and its unnamed writer of treason, and then he publicly asked for a Department of Justice investigation to find the writer. Then, to change the subject, he threatened to declassify documents submitted to the Foreign Intelligence Surveillance Court in 2016 &#8212; before he was president &#8212; that he believes were used to commence the Robert Mueller-led investigation of his presidential campaign.<p>Updated: Thu Sep 13, 2018</p> e6ce473d8cc4afd19fe3b51e6ead56ee Metaphor in a Government-Founded Church for 09/06/2018 https://www.creators.com/read/judge-napolitano/09/18/metaphor-in-a-government-founded-church Thu, 06 Sep 2018 00:00:00 -0700 <p></p><p>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 &#8212; abortion, immigration and torture.</p> <p>On those issues, he often stood at odds with most of his Republican colleagues in the Senate. They are opposed to abortion in name only (they will not lift a finger to stop or slow it), prefer judging the moral worth of individuals on the basis of where they were born, and think that torture is wrong unless the victim is a bad guy or a foreigner or has information the government wants.<p>Updated: Thu Sep 06, 2018</p> 7eff6cd2ac4fe21916d9112687e554b1 John McCain and Me for 08/30/2018 https://www.creators.com/read/judge-napolitano/08/18/john-mccain-and-me Thu, 30 Aug 2018 00:00:00 -0700 <p></p><p>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.</p> <p>When I answered the phone, a somewhat familiar but somber voice said: "Judge Napolitano, your reward for what you did today will not come from your colleagues or viewers or even on earth but in heaven."<p>Updated: Thu Aug 30, 2018</p> 1a760430fb8099fc5bc558383521ca22 Should Trump Voluntarily Talk to Mueller? for 08/09/2018 https://www.creators.com/read/judge-napolitano/08/18/should-trump-voluntarily-talk-to-mueller Thu, 09 Aug 2018 00:00:00 -0700 <p></p><p>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 declined, but they are not.</p> <p>Special counsel Robert Mueller &#8212; who is investigating President Donald Trump for obstruction of justice, pre-presidential banking irregularities and conspiracy to solicit or receive campaign aid from foreign nationals (the latter is what the media erroneously call collusion) &#8212; has made it known to former New York Mayor Rudolph Giuliani, the head of Trump's legal team, that he wants to speak to the president.<p>Updated: Thu Aug 09, 2018</p> 2b5deb5307f441522e1565ef1e07ff5f Trump Sabotaged by His Own Lawyer for 08/02/2018 https://www.creators.com/read/judge-napolitano/08/18/trump-sabotaged-by-his-own-lawyer Thu, 02 Aug 2018 00:00:00 -0700 <p></p><p>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 with the Russians for them to provide help to his campaign and that even if he did, it wasn't criminal.</p> <p>In making this argument, Giuliani has played a word game in which he has effectively created a straw man and then denied it's real because it's made of straw. He has done this by avoiding the use of the word "conspiracy," substituting the word "collusion" and then arguing that there is no crime of collusion and therefore Trump did not commit a crime. This is an argument based on a false premise.<p>Updated: Thu Aug 02, 2018</p> c34a4d47a3f0d1f41f2c5f6c40eca2ac An American Life for 07/26/2018 https://www.creators.com/read/judge-napolitano/07/18/an-american-life Thu, 26 Jul 2018 00:00:00 -0700 <p>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.</p> <p>His was an American life.</p> <p>He was born in Newark, New Jersey, during the Roaring '20s, the son of Italian immigrants who had come to America as children. When he was 4 years old, he met a curly-haired little girl in the neighborhood who was just three days older than he. She would become his high school sweetheart and his best friend for 88 years and his wife for the last 70 of them.<p>Updated: Thu Jul 26, 2018</p> 0e2711a7bc8d8960deffdff33d06404d In Defense of Trump With Putin for 07/19/2018 https://www.creators.com/read/judge-napolitano/07/18/in-defense-of-trump-with-putin Thu, 19 Jul 2018 00:00:00 -0700 <p></p><p>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.</p> <p>After I found out what the litigants truly wanted and I did some pushing and shoving and jawboning, more often than not, agreements were reached. The threat of an imminent jury trial &#8212; with its expenses, complexities and uncertainties &#8212; was often enough to bring the parties to a quick, sensible and relatively inexpensive resolution. Occasionally, flattery &#8212; even fatuous flattery &#8212; helped.<p>Updated: Thu Jul 19, 2018</p> 86ea12e1a3b554d89ce03d861a01796c Filling the Swamp for 07/12/2018 https://www.creators.com/read/judge-napolitano/07/18/filling-the-swamp Thu, 12 Jul 2018 00:00:00 -0700 <p></p><p>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."</p> <p>His real target was the permanent government and its enablers in the legal, financial, diplomatic and intelligence communities in Washington. These entities hover around power centers no matter which party is in power.<p>Updated: Thu Jul 12, 2018</p> da0d8a19d4c3658df0e9f1f5933a32c2 The Values Underlying Independence Day for 07/05/2018 https://www.creators.com/read/judge-napolitano/07/18/the-values-underlying-independence-day Thu, 05 Jul 2018 00:00:00 -0700 <p></p><p>The Declaration of Independence &#8212; which was signed on July 3, 1776, for public release on July 4 &#8212; was Thomas Jefferson's masterpiece. Jefferson himself wrote much about the declaration in the 50 years that followed.</p> <p>Not the least of what he wrote offered his view that the declaration and the values that it articulated were truly radical &#8212; meaning they reflected 180-degree changes at the very core of societal attitudes in America. The idea that farmers and merchants and lawyers could secede from a kingdom and fight and win a war against the king's army was the end result of the multigenerational movement that was articulated in the declaration.<p>Updated: Thu Jul 05, 2018</p> 0ae686e590746a5df19f32229f4271c8 Can Immigrants Be Deported Without a Trial? for 06/28/2018 https://www.creators.com/read/judge-napolitano/06/18/can-immigrants-be-deported-without-a-trial Thu, 28 Jun 2018 00:00:00 -0700 <p></p><p>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 federal assets to do their jobs.</p> <p>He is undoubtedly correct on the beneficial consequences to the government of forced deportation without due process. Yet deportation without a trial is profoundly unconstitutional.<p>Updated: Thu Jun 28, 2018</p> a0a2f38ec6ea641613e386afc6c93910 Can the FBI Be Independent? for 06/21/2018 https://www.creators.com/read/judge-napolitano/06/18/can-the-fbi-be-independent Thu, 21 Jun 2018 00:00:00 -0700 <p></p><p>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 Christie, a former U.S. attorney, needed a good criminal defense lawyer &#8212; whose millions in fees were paid by New Jersey taxpayers &#8212; he hired Wray.</p> <p>Christie was never indicted in the Bridgegate scandal, but defense counsel for those who were sought Christie's cellphone to demonstrate to jurors the governor's involvement in the plot to shut down lanes near the George Washington Bridge for political retaliation. Christie claimed that he gave his phone to federal prosecutors, but they told the court that they did not have the phone. Where was it? In a safe of the Atlanta law firm that employed Wray.<p>Updated: Thu Jun 21, 2018</p> 21bd7262eb9a7d59e660f2ddd404b246 More Assaults on the Rule of Law for 06/14/2018 https://www.creators.com/read/judge-napolitano/06/18/more-assaults-on-the-rule-of-law Thu, 14 Jun 2018 00:00:00 -0700 <p></p><p>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 investigation of the president.</p> <p>The committee's chairman, Devin Nunes, a Republican from California, and the Republican majority on the committee have demanded that the Department of Justice turn over documents pertaining to the origins of the investigation of President Trump by special counsel Robert Mueller.<p>Updated: Thu Jun 14, 2018</p> 034f1f1a2fefe6d6821f0c07c25db558 Can President Trump Shoot Jim Comey? for 06/07/2018 https://www.creators.com/read/judge-napolitano/06/18/can-president-trump-shoot-jim-comey Thu, 07 Jun 2018 00:00:00 -0700 <p></p><p>Last weekend, the White House leaked a copy of a letter sent by President Donald Trump's legal team on Jan. 29 to special counsel Robert Mueller. The letter set forth the president's legal strategy, arguing essentially that he is immune from prosecution for any crime.</p> <p>To soften the tone of this poorly received letter, the White House dispatched Rudy Giuliani, the president's most visible legal spokesperson, to address the issues that his colleagues had raised. He made matters worse when he suggested that if the president ordered Jim Comey "shot in the Oval Office," he couldn't be prosecuted because the president can pardon himself and because the president's personal and presidential behavior is beyond the reach of the criminal justice system.<p>Updated: Thu Jun 07, 2018</p> 71582cbcdc051a4e51affefdf2f657a9 Is the Investigation of President Trump Legitimate? for 05/31/2018 https://www.creators.com/read/judge-napolitano/05/18/is-the-investigation-of-president-trump-legitimate Thu, 31 May 2018 00:00:00 -0700 <p></p><p>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 supporting evidence. And they purported to challenge the legitimacy of Mueller's office itself.</p> <p>The legitimacy question is an opinion Giuliani offered six times to my colleague Bill Hemmer on "Fox News Sunday." Surely, Giuliani is entitled to any opinion on any matter, but he must know that his illegitimacy opinion is baseless. Mueller's work, though a constant irritant to Trump, is quite legitimate. It is authorized by the Federal Rules of Criminal Procedure, which were approved by Congress. It was created by Deputy Attorney General Rod Rosenstein, a Trump appointee. It has been ratified by six different federal judges.<p>Updated: Thu May 31, 2018</p> 12a93b78f0746bc9af47e5efb670f08b Can the President Lawfully Investigate His Investigators? for 05/24/2018 https://www.creators.com/read/judge-napolitano/05/18/can-the-president-lawfully-investigate-his-investigators Thu, 24 May 2018 00:00:00 -0700 <p></p><p>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.</p> <p>At the same time that the president was fuming over this, Republican congressional leaders were fuming about the reluctance of senior officials at the Department of Justice and the FBI to turn over documents that might reveal political origins of the current criminal investigation of the president by special counsel Robert Mueller.<p>Updated: Thu May 24, 2018</p> 8af765f8206e25e4192051443698bd3f Bill Bradley, Call Your Bookie for 05/17/2018 https://www.creators.com/read/judge-napolitano/05/18/bill-bradley-call-your-bookie Thu, 17 May 2018 00:00:00 -0700 <p></p><p>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 competitive sports, the state of New Jersey wanted to duplicate Las Vegas' success with sports betting.</p> <p>When Bradley's legislation grandfathered the state of Nevada, legislators in New Jersey came up with an idea to get around the federal legislation that would permit Atlantic City casinos to compete with those in Las Vegas by repealing all laws about sports betting, thereby escaping the federal prohibition on "authorizing" sports betting. It would be up to the casinos to set up their own betting parlors for college and professional sports, and in so doing, they could increase their own bottom lines and thus the state's tax revenues.<p>Updated: Thu May 17, 2018</p> 4d437e45baeef3b3e2697775e1736a19 Prosecutors and the Rule of Law for 05/10/2018 https://www.creators.com/read/judge-napolitano/05/18/prosecutors-and-the-rule-of-law Thu, 10 May 2018 00:00:00 -0700 <p></p><p>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 counsel by Deputy Attorney General Rod Rosenstein because of allegations that Rosenstein accepted of a conspiracy by members of the Trump campaign to accept assistance from a foreign person, entity or government, which is a felony.</p> <p>The application by Manafort's lawyers before Judge T.S. Ellis III was actually a motion to dismiss the indictment against Manafort for want of jurisdiction. Stated differently, Manafort argued that Mueller exceeded the authority granted to him by the Department of Justice and thus he has no legal ability &#8212; jurisdiction &#8212; to prosecute Manafort. During the course of the oral argument on this motion, the judge opined that in his view, Mueller is only prosecuting Manafort for bank and tax fraud to squeeze him to testify against President Trump on matters that might be impeachable.<p>Updated: Thu May 10, 2018</p> 1c74a62034208ae82b865e675794e498 Troublesome Questions for President Trump for 05/03/2018 https://www.creators.com/read/judge-napolitano/05/18/troublesome-questions-for-president-trump Thu, 03 May 2018 00:00:00 -0700 <p></p><p>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 president agrees to sit down for an interview with them.</p> <p>I have been arguing for months that the president should not agree to an interview with Mueller. My reasons are fairly boilerplate: It is nearly impossible to talk prosecutors who are determined to seek an indictment into changing their minds. As well, the person being interviewed cannot possibly know as much about the case as the team doing the interview, and he will be prone to error.<p>Updated: Thu May 03, 2018</p> 4d60da77c989459f59149c9aee3e9549 War and the Separation of Powers for 04/26/2018 https://www.creators.com/read/judge-napolitano/04/18/war-and-the-separation-of-powers Thu, 26 Apr 2018 00:00:00 -0700 <p></p><p>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.</p> <p>Yes, each of those guarantees &#8212; if upheld &#8212; is vital to restraining government, but the overarching and most important unique aspect of the Constitution is the separation of powers. The constitutions of many totalitarian countries pay lip service to free speech, privacy and due process, but none has the strict separation of powers that the U.S. does.<p>Updated: Thu Apr 26, 2018</p> e128b879bb9bc94f0b7b3e9e25d73192 President Trump and the Attorney-Client Privilege for 04/19/2018 https://www.creators.com/read/judge-napolitano/04/18/president-trump-and-the-attorney-client-privilege Thu, 19 Apr 2018 00:00:00 -0700 <p></p><p>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."</p> <p>It seems that Mueller and one of Trump's lawyers had been negotiating the terms under which the president would submit to an informal interrogation by Mueller and his team of prosecutors and FBI agents. Mueller's request for such an interview was not unusual.<p>Updated: Thu Apr 19, 2018</p>