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 Sat, 17 Mar 2018 08:37:45 -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 6a3855155a788a2b2a761c54356f7700 President Trump and the Freedom of Speech for 03/15/2018 https://www.creators.com/read/judge-napolitano/03/18/president-trump-and-the-freedom-of-speech Thu, 15 Mar 2018 00:00:00 -0700 <p></p><p>When James Madison drafted the First Amendment &#8212; "Congress shall make no law ... abridging the freedom of speech" &#8212; 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 signal was that because the freedom of speech existed before the government that was formed to protect it came into existence, it does not have its origins in government.</p> <p>The freedom of speech has its origins in our humanity. It is a natural right. It exists in the absence of government. By the exercise of normal human reasoning, all rational people are drawn to exercise this freedom. Madison understood this. He could have written, "Congress shall grant freedom of speech." He did not because that freedom is not Congress' to grant or to abridge.<p>Updated: Thu Mar 15, 2018</p> 14ddcbf28858b7489a956c3ebb9684e3 Let Him Arrest Me! for 03/08/2018 https://www.creators.com/read/judge-napolitano/03/18/let-him-arrest-me Thu, 08 Mar 2018 00:00:00 -0800 <p></p><p>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 live testimony.</p> <p>The grand jury is one of two summoned by special counsel Robert Mueller in his investigation of whether President Trump or his colleagues engaged in any criminal activity prior to or during the presidential campaign, or during his presidency.<p>Updated: Thu Mar 08, 2018</p> 4543ff35e2cb80e77d9fdfe0196a0a83 In Defense of the Right to Keep and Bear Arms for 03/01/2018 https://www.creators.com/read/judge-napolitano/02/18/in-defense-of-the-right-to-keep-and-bear-arms Thu, 01 Mar 2018 00:00:00 -0800 <p></p><p>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 of Americans deeply.</p> <p>After burying their dead, the survivors have mobilized into a mighty political force that loosely seeks more laws to regulate the right to keep and bear arms. The young people, traumatized and terrified with memories of unspeakable horror that will not fade, somehow think that a person bent on murder will obey gun laws.<p>Updated: Thu Mar 01, 2018</p> 7fe4a55075b45b44816e91d3e50bd54d Mueller in Hot Pursuit for 02/22/2018 https://www.creators.com/read/judge-napolitano/02/18/mueller-in-hot-pursuit Thu, 22 Feb 2018 00:00:00 -0800 <p></p><p>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 Russian spies passed themselves off as Americans on the internet, on the telephone and even in person here in the U.S. to sow discord about Hillary Clinton and thereby assist in the election of Donald Trump.</p> <p>Though an indictment is a charge only, it presumably relies on hard evidence of a wide and deep Russian project &#8212; so wide and so deep that it could only have been approved and paid for by the Kremlin. President Trump's national security adviser, Lt. Gen. H.R. McMaster, characterized the allegations in the indictment as "incontrovertible." The New York Times reported over the weekend that its Russian sources have now revealed that more than 1,000 people in Russia were involved for over three years.<p>Updated: Thu Feb 22, 2018</p> 1ea0fafc9736af9127c1fef9e5fc0da5 A Million Dollars a Minute for 02/15/2018 https://www.creators.com/read/judge-napolitano/02/18/a-million-dollars-a-minute Thu, 15 Feb 2018 00:00:00 -0800 <p></p><p>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 your money. So you spend it wildly. Then you realize that the money wasn't yours and you owe it back.</p> <p>Now imagine that this happens every minute of every day for the next three years. At the end of the three years, you owe back more than $6 trillion. So you borrow $6 trillion to pay back the $6 trillion you owe.<p>Updated: Thu Feb 15, 2018</p> 374c2488b6594ae99e140362276b12fa It Can Happen Here for 02/08/2018 https://www.creators.com/read/judge-napolitano/02/18/it-can-happen-here Thu, 08 Feb 2018 00:00:00 -0800 <p></p><p>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, but it has morphed into unchecked government spying on ordinary Americans.</p> <p>The journey that domestic spying has taken in 40 years has been one long steady march of massive increase in size and scope. The federal government now employs more than 60,000 people to spy on all Americans, including the White House, the Pentagon, the federal courts and one another. As well, the National Security Agency and the intelligence arm of the FBI have 24/7 access to the computers of all telecoms and computer service providers in the U.S. And certain politicians have access to whatever the NSA and the FBI possess.<p>Updated: Thu Feb 08, 2018</p> 13c55dabaa7c4b1327660559ad45e6da Lying, Spying and Hiding for 02/01/2018 https://www.creators.com/read/judge-napolitano/01/18/lying-spying-and-hiding Thu, 01 Feb 2018 00:00:00 -0800 <p></p><p>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 expansion of FISA.</p> <p>FISA is the Foreign Intelligence Surveillance Act of 1978, which was written to enable the federal government to spy on foreign agents here and abroad. Using absurd and paranoid logic, the secret Foreign Intelligence Surveillance Court, which only hears the government's lawyers, has morphed "foreign intelligence surveillance" into undifferentiated bulk surveillance of all Americans.<p>Updated: Thu Feb 01, 2018</p> fb94af378bff4617a94f7e014d8a593e A Conspiracy of Silence Assaults Privacy for 01/25/2018 https://www.creators.com/read/judge-napolitano/01/18/a-conspiracy-of-silence-assaults-privacy Thu, 25 Jan 2018 00:00:00 -0800 <p></p><p>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.</p> <p>Those fruits can now lawfully include all fiber-optic data transmitted to or in the United States, such as digital recordings of all landline and mobile telephone calls and copies in real time of all text messages and emails and banking, medical and legal records electronically stored or transmitted.<p>Updated: Thu Jan 25, 2018</p> fcd8d69ee0d0a3d1504e8e7bb79ea917 Did Donald Trump Change His Mind on Domestic Spying? for 01/18/2018 https://www.creators.com/read/judge-napolitano/01/18/did-donald-trump-change-his-mind-on-domestic-spying Thu, 18 Jan 2018 00:00:00 -0800 <p></p><p>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 &#8212; particularly the CIA, the NSA and the intelligence division of the FBI &#8212; are not trustworthy with the nation's intelligence secrets. Because he has a security clearance at the "top secret" level and knows how others who have access to secrets have used and abused them, his allegations are extraordinary.</p> <p>He pointed to the high-ranking members of the Obama administration who engaged in unmasking the names of some people whose communications had been captured by the country's domestic spies and the revelation of those names for political purposes. The most notable victim of this lawlessness is retired Lt. Gen. Michael Flynn, President Donald Trump's former national security adviser, a transcript of whose surveilled conversation with then-Russian Ambassador to the United States Sergey Kislyak found its way into print in The Washington Post.<p>Updated: Thu Jan 18, 2018</p> 4198fe61cf98f67cc4a202334d9c7942 Congress Plotting to Cut a Hole in the 4th Amendment, Again for 01/11/2018 https://www.creators.com/read/judge-napolitano/01/18/congress-plotting-to-cut-a-hole-in-the-4th-amendment-again Thu, 11 Jan 2018 00:00:00 -0800 <p></p><p>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 and congressional leadership to bypass the Fourth Amendment to the Constitution.</p> <p>Here is the back story.<p>Updated: Thu Jan 11, 2018</p> 011635e281b291947c1391cb811a0f44 Office Pool 2018 for 01/04/2018 https://www.creators.com/read/judge-napolitano/01/18/office-pool-2018 Thu, 04 Jan 2018 00:00:00 -0800 <p>1) In 2018,</p> <p>a. the Democrats will win control of the House of Representatives.</p> <p>b. the Republicans will retain control of the Senate.<p>Updated: Thu Jan 04, 2018</p> 5963bf859408e8f6ed9c656c5052b03a America at Christmas for 12/28/2017 https://www.creators.com/read/judge-napolitano/12/17/america-at-christmas-b976f Thu, 28 Dec 2017 00:00:00 -0800 <p>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 Christ in every heart that will have Him, whether a believer or not?</p> <p>What if Jesus Christ was born about 2,000 years ago in Bethlehem? What if He is true God and true man? What if this is a mystery and a miracle? What if this came about as part of God's plan for the salvation of all people? What if Jesus was sent into the world to atone for our sins by offering Himself as a sacrifice? What if He was sinless? What if His life was the most critical turning point in human history? What if the reason we live is that He died?</p> <p>What if after He died, He rose from the dead? What if He was murdered by the government because it feared a revolt if it did not murder Him? What if the government thought He was crazy when He said He is a king but His kingdom is not of this world? What if He was not crazy but divine? What if when He said that He could forgive sins, He was referring to Himself as God?<p>Updated: Thu Dec 28, 2017</p> c69f66ebc2979adafebbd24309c37b9b Can the FBI Get Away With Getting Trump Team Emails? for 12/21/2017 https://www.creators.com/read/judge-napolitano/12/17/can-the-fbi-get-away-with-getting-trump-team-emails Thu, 21 Dec 2017 00:00:00 -0800 <p></p><p>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 &#8212; but not yet inaugurated &#8212; president. The statutory term for the corporation is the presidential transition team, or PTT.</p> <p>In addition to paying the PTT's bills, the General Services Administration, which manages all nonmilitary federal property, provided the PTT with government computers, software and a computer service provider. During the course of the PTT's existence, the folks who worked for it sent or received tens of thousands of emails. The PTT ceased to exist upon Trump's inauguration, and a receiver was hired to wind it down.<p>Updated: Thu Dec 21, 2017</p> 43291d798acbdde8c19f2ed8de37b9f1 Here We Go Again for 12/14/2017 https://www.creators.com/read/judge-napolitano/12/17/here-we-go-again-7fc3c Thu, 14 Dec 2017 00:00:00 -0800 <p></p><p>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.</p> <p>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, in the middle of Manhattan, a permanent legal resident of the United States named Akayed Ullah detonated a bomb he had strapped to his torso in an effort to kill fellow commuters and disrupt massively life in New York.<p>Updated: Thu Dec 14, 2017</p> 8d1d3ee77df66e937b3fed4ae93e825d The General and the President for 12/07/2017 https://www.creators.com/read/judge-napolitano/12/17/the-general-and-the-president Thu, 07 Dec 2017 00:00:00 -0800 <p></p><p>This is a tale of FBI power misused and presidential trust misplaced.</p> <p>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 single count of lying to the FBI. Under the terms of his plea agreement, Flynn, who had faced nearly 60 years in federal prison had he been convicted of charges related to all the matters about which there is said to be credible evidence of his guilt, will now face six months.<p>Updated: Thu Dec 07, 2017</p> 050baa4a47e04a2aead925b124ba60b5 Over by Thanksgiving for 11/30/2017 https://www.creators.com/read/judge-napolitano/11/17/over-by-thanksgiving Thu, 30 Nov 2017 00:00:00 -0800 <p></p><p>In August, when President Donald Trump's lawyers persuaded him to refrain from attacking independent counsel Robert Mueller publicly &#8212; he had many times called Mueller's investigation a "witch hunt" &#8212; they also told him that the investigation was not aimed at him and not to worry because it would be over by Thanksgiving.</p> <p>These are the same lawyers who revealed a fissure in the strategy of the president's legal team. On one side are presidential lawyers who want to cooperate fully with Mueller because they are convinced that the president has nothing to fear from the public revelation of truthful information.<p>Updated: Thu Nov 30, 2017</p> f7caa85e385daaec90bc058c4a78c124 Debt and Taxes and Perdition for 11/23/2017 https://www.creators.com/read/judge-napolitano/11/17/debt-and-taxes-and-perdition Thu, 23 Nov 2017 00:00:00 -0800 <p></p><p>Should the government borrow against the future? Should it guarantee higher taxes for your children and grandchildren in return for lower taxes for you?</p> <p>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 its financial profligacy &#8212; because they are not yet born &#8212; to pay higher taxes?<p>Updated: Thu Nov 23, 2017</p> b90ad3f3c9fff83fd2778889732dd879 More Hillary Chronicles for 11/16/2017 https://www.creators.com/read/judge-napolitano/11/17/more-hillary-chronicles-8f142 Thu, 16 Nov 2017 00:00:00 -0800 <p></p><p>The Department of Justice will soon commence an investigation to determine whether there should be an investigation (you read that nonsense correctly) of a scandal involving the Clinton Foundation and a company called Uranium One. It appears that FBI decisions made during the time that Hillary Clinton was being investigated for espionage will also be investigated to see whether there should be an investigation to determine whether she was properly investigated. (Again, you read that nonsense correctly.)</p> <p>Only the government can relate nonsense with a straight face. Here is the back story.<p>Updated: Thu Nov 16, 2017</p> 5445e3e646c522ad2c2594e68161fd07 What if Government Steals Liberty and Fails to Deliver Safety? for 11/09/2017 https://www.creators.com/read/judge-napolitano/11/17/what-if-government-steals-liberty-and-fails-to-deliver-safety Thu, 09 Nov 2017 00:00:00 -0800 <p></p><p>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?</p> <p>What if the National Security Agency &#8212; the federal government's domestic spying apparatus &#8212; has convinced Congress that it needs to cut constitutional corners in order to spy on as many people in America as possible? What if Congress has bought that argument and passed a statute that put a secret court between the NSA and its appetite for all electronically transmitted data in America? What if that secret court &#8212; called the Foreign Intelligence Surveillance Court &#8212; is supposed to protect personal liberty but instead has become a wall behind which the NSA hides?<p>Updated: Thu Nov 09, 2017</p> fa3aff69dbcda8e4d1dec9a231081a6b The Tip of a Prosecutorial Iceberg? for 11/02/2017 https://www.creators.com/read/judge-napolitano/11/17/the-tip-of-a-prosecutorial-iceberg Thu, 02 Nov 2017 00:00:00 -0700 <p></p><p>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.</p> <p>Both were accused of working as foreign agents and failing to report that status to the federal government, using shell corporations to launder income and obstruction of justice by lying to the federal government.<p>Updated: Thu Nov 02, 2017</p>