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, 17 Jul 2018 22:28:33 -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 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> 98319696130262affe5dc482a14b4332 The Real Threat to Donald Trump for 04/12/2018 https://www.creators.com/read/judge-napolitano/04/18/the-real-threat-to-donald-trump Thu, 12 Apr 2018 00:00:00 -0700 <p></p><p>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.</p> <p>Michael Cohen has been the personal lawyer for Trump and for the Trump Organization &#8212; the umbrella corporation through which Trump owns or manages nearly all entities that bear his name &#8212; for many years. Cohen is so closely connected to the Trump Organization that one of his two law offices is located on the 26th floor of Trump Tower, just a few doors from the corner office formerly occupied by Trump himself.<p>Updated: Thu Apr 12, 2018</p> c23426add743b4bfe290dc4917c7c713 What Is Robert Mueller Looking For? for 04/05/2018 https://www.creators.com/read/judge-napolitano/04/18/what-is-robert-mueller-looking-for Thu, 05 Apr 2018 00:00:00 -0700 <p></p><p>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 foreign policy advisers, that he had worked for the Kremlin.</p> <p>The FBI also had transcripts of telephone conversations and copies of emails and text messages of Trump campaign personnel that had been supplied to it by British intelligence. Connecting the dots, the FBI persuaded a judge on the Foreign Intelligence Surveillance Court to issue a search warrant for the surveillance of Page, an American.<p>Updated: Thu Apr 05, 2018</p> 91f238c42e29fdf76c41095b6be666e0 Hope for the Dead for 03/29/2018 https://www.creators.com/read/judge-napolitano/03/18/hope-for-the-dead-cecaa Thu, 29 Mar 2018 00:00:00 -0700 <p></p><p>What is the connection between personal freedom and rising from the dead?</p> <p>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 Parliament assaulted freedom and broke the bonds with the mother country irreparably.<p>Updated: Thu Mar 29, 2018</p> 8730f84a95e5d95755aee6b119bca477 March Madness, Washington-Style for 03/22/2018 https://www.creators.com/read/judge-napolitano/03/18/march-madness-washington-style Thu, 22 Mar 2018 00:00:00 -0700 <p></p><p>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 paid for by the Democrats and not entirely substantiated, as a basis to secure a search warrant for surveillance of a former Trump campaign adviser who once boasted that he worked for the Kremlin at the same time that he was advising candidate Trump.</p> <p>The dossier itself and whatever was learned from the surveillance formed the basis for commencing the investigation of the Trump campaign's alleged ties to Russia by the Obama Department of Justice, which is now being run by special counsel Robert Mueller and has been expanded into other areas. The surveillance of the Trump campaign based on arguably flimsy evidence put McCabe into President Trump's crosshairs. Indeed, Trump attacked McCabe many times on social media and even rejoiced when Attorney General Jeff Sessions fired him at 10 p.m. last Friday, just 26 hours before his retirement was to have begun.<p>Updated: Thu Mar 22, 2018</p> 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>