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, 25 Mar 2017 20:17:40 -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 359bc66bdbe0790aa5ca2b5f1ba70a0a Questions for Judge Gorsuch for 03/23/2017 https://www.creators.com/read/judge-napolitano/03/17/questions-for-judge-gorsuch Thu, 23 Mar 2017 00:00:00 -0700 <p></p><p>I have spent this past week watching the Senate Judiciary Committee interrogating U.S. Circuit Judge Neil Gorsuch. Judge Gorsuch is President Donald Trump's nominee to fill the vacancy on the U.S. Supreme Court. The vacancy was created by the death of Justice Antonin Scalia more than 13 months ago. The Supreme Court is currently generally divided between four liberals and four conservatives. As a justice, Gorsuch would probably break many ideological ties.</p> <p>During the hearings, Republican senators are doing their best to associate Judge Gorsuch with the popular-in-death Justice Scalia, and Democratic senators are doing their best to try to pin down Gorsuch by making him commit publicly to positions on hot-button issues, such as abortion, gun rights and the use of unrestricted money in political campaigns. Gorsuch has accepted the Republican sobriquets and declined to answer Democratic inquiries with specificity. So, are the hearings of any real value?<p>Updated: Thu Mar 23, 2017</p> 967f8487af42c9b0c2ca64c035a8d5b3 Did Obama Spy on Trump? for 03/16/2017 https://www.creators.com/read/judge-napolitano/03/17/did-obama-spy-on-trump Thu, 16 Mar 2017 00:00:00 -0700 <p></p><p>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 &#8212; one by the FBI, one by the House of Representatives and one by the Senate. Are the investigators chasing a phantom, or did this actually happen?</p> <p>Here is the back story.<p>Updated: Thu Mar 16, 2017</p> 011aedbea90fb3b6d1e7a47526b3bee6 Congress Created a Monster for 03/09/2017 https://www.creators.com/read/judge-napolitano/03/17/congress-created-a-monster Thu, 09 Mar 2017 00:00:00 -0800 <p></p><p>Those of us who believe that the Constitution means what it says have been arguing since the late 1970s that congressional efforts to strengthen national security by weakening personal liberty are unconstitutional, un-American and ineffective. The Foreign Intelligence Surveillance Act, which Congress passed in the aftermath of President Richard Nixon's use of the CIA and the FBI to spy on his political opponents, has unleashed demons that now seem beyond the government's control and are more pervasive than anything Nixon could have dreamed of.</p> <p>This realization came to a boiling point last weekend when President Donald Trump accused former President Barack Obama of monitoring his telephone calls during the 2016 presidential election campaign. Can a U.S. president legally spy on a political opponent or any other person in America without any suspicion, probable cause or warrant from a judge? In a word, yes.<p>Updated: Thu Mar 09, 2017</p> 325eaa34925348d60464d7d99780410e Concealing and Revealing for 03/02/2017 https://www.creators.com/read/judge-napolitano/03/17/concealing-and-revealing Thu, 02 Mar 2017 00:00:00 -0800 <p></p><p>Last week, President Donald Trump erupted with fury over a series of public revelations of private facts &#8212; some top-secret and some office gossip &#8212; that painted him and his White House in a bad light. The president ordered the FBI to investigate some of these so-called leaks and his own White House counsel to investigate others.</p> <p>There are numerous issues related to the leaking of government information. They include the leaking of classified information, the leaking of confidential communications and the publishing of leaked material.<p>Updated: Thu Mar 02, 2017</p> a75600fd6dc7567f239f5d40a9e1a9fe The Chickens Have Come Home to Roost for 02/23/2017 https://www.creators.com/read/judge-napolitano/02/17/the-chickens-have-come-home-to-roost Thu, 23 Feb 2017 00:00:00 -0800 <p></p><p>Last week, The Wall Street Journal revealed that members of the intelligence community &#8212; part of the deep state, the unseen government within the government that does not change with elections &#8212; now have acquired so much data on everyone in America that they can selectively reveal it to reward their friends and harm their foes. Their principal foe today is the president of the United States.</p> <p>Liberty is rarely lost overnight. The wall of tyranny often begins with benign building blocks of safety &#8212; each one lying on top of a predecessor &#8212; eventually collectively constituting an impediment to the exercise of free choices by free people, often not even recognized until it is too late.<p>Updated: Thu Feb 23, 2017</p> d99bfbd0661447f77bb5688d68d15ff6 Intellectual Honesty and Political Indifference for 02/16/2017 https://www.creators.com/read/judge-napolitano/02/17/intellectual-honesty-and-political-indifference Thu, 16 Feb 2017 00:00:00 -0800 <p></p><p>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.</p> <p>After a federal district judge in Seattle enjoined the federal government from enforcing the executive order and the 9th U.S. Circuit Court of Appeals upheld that injunction, President Donald Trump's folks pounced.<p>Updated: Thu Feb 16, 2017</p> 8c7b13c245d5e65174fe42fd53e7a6fe The President and the Courts for 02/09/2017 https://www.creators.com/read/judge-napolitano/02/17/the-president-and-the-courts Thu, 09 Feb 2017 00:00:00 -0800 <p></p><p>Last week, in a public courtroom in the federal courthouse in Seattle, the states of Washington and Minnesota &#8212; after suing President Donald Trump, alleging injury caused by his executive order that suspended the immigration of all people from seven foreign countries &#8212; asked a federal judge to compel the president and all those who work for him to cease enforcing the order immediately. After a brief emergency oral argument, the judge signed a temporary restraining order, which barred the enforcement of the president's order everywhere in the United States.</p> <p>The president reacted with anger, referring to the judge as a "so-called judge," and immigrant rights groups praised the judicial intervention as a victory for the oppressed. The president meant, I think, that Judge James L. Robart had not acted properly as a judge by second-guessing him &#8212; that he had acted more like a politician; and the immigrant rights groups felt, I think, that the United States was once again a beacon of hope for refugees.<p>Updated: Thu Feb 09, 2017</p> c1fae5f730cde5012019f50ac7161dba The President and Immigration for 02/02/2017 https://www.creators.com/read/judge-napolitano/02/17/the-president-and-immigration Thu, 02 Feb 2017 00:00:00 -0800 <p></p><p>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, as well as anyone from Syria for an indefinite period and anyone from Iran, Iraq, Libya, Somalia, Sudan and Yemen for 90 days.</p> <p>The crowds of protesters, which included members of Congress, called the president a tyrant. The president argued that he was lawfully protecting the country from those who might facilitate terrorist attacks here. Can he legally do this?<p>Updated: Thu Feb 02, 2017</p> 3fa7eeb29b858473e5120917bdfcd1ad Donald Trump, Revolutionary for 01/26/2017 https://www.creators.com/read/judge-napolitano/01/17/donald-trump-revolutionary Thu, 26 Jan 2017 00:00:00 -0800 <p></p><p>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.</p> <p>With the stroke of a pen, the president assaulted the heart of the law that was the domestic centerpiece of his predecessor's administration. How did this happen? How can a U.S. president, who took an oath to enforce the laws faithfully, gut one of them merely because he disagrees with it?<p>Updated: Thu Jan 26, 2017</p> 4d20c45d998cf42ddbd91d3cd7480937 A Parting Shot at Personal Freedom for 01/19/2017 https://www.creators.com/read/judge-napolitano/01/17/a-parting-shot-at-personal-freedom Thu, 19 Jan 2017 00:00:00 -0800 <p></p><p>On Jan. 3, outgoing Attorney General Loretta Lynch secretly signed an order directing the National Security Agency &#8212; America's 60,000-person-strong domestic spying apparatus &#8212; to make available raw spying data to all other federal intelligence agencies, which then can pass it on to their counterparts in foreign countries and in the 50 states upon request. She did so, she claimed, for administrative convenience. Yet in doing this, she violated basic constitutional principles that were erected centuries ago to prevent just what she did.</p> <p>Here is the back story.<p>Updated: Thu Jan 19, 2017</p> 1b096a17998263991c4f32f19eb77979 She's Back for 01/12/2017 https://www.creators.com/read/judge-napolitano/01/17/shes-back Thu, 12 Jan 2017 00:00:00 -0800 <p></p><p>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.</p> <p>Even though the case against her &#8212; which was closed and then reopened and then closed again &#8212; is old news and she obviously is no longer a candidate to become president of the United States and has been staying below the radar for the past two months, recent developments have regenerated the case.<p>Updated: Thu Jan 12, 2017</p> 9313b04757469ed62b363b2fc68a68d4 The Titanic Has Set Sail for 01/05/2017 https://www.creators.com/read/judge-napolitano/01/17/the-titanic-has-set-sail Thu, 05 Jan 2017 00:00:00 -0800 <p></p><p>Over the New Year's weekend, President Barack Obama's chief policy adviser and closest strategist, <span class="column--highlighted-text">Valerie Jarrett, told a talk show host that her boss would have a happy legacy because there was an absence of scandal in his administration. When first I heard this preposterous claim, I thought I had misheard it. Yet it is apparently true that President Obama and his team somehow can overlook recent history and behave as if events with which we are all familiar never happened.</span></p> <p>Here is the back story.<p>Updated: Thu Jan 05, 2017</p> 6db6cb6e2278c262ec11eb8e8159272b Office Pool 2017 for 12/29/2016 https://www.creators.com/read/judge-napolitano/12/16/office-pool-2017 Thu, 29 Dec 2016 00:00:00 -0800 <p></p><p>1) In 2017, President Donald Trump and the Republican-controlled Congress will</p> <p>a. repeal Obamacare entirely.<p>Updated: Thu Dec 29, 2016</p> 785e69ad28c5d8fb66769d60c88ad34d America at Christmas for 12/22/2016 https://www.creators.com/read/judge-napolitano/12/16/america-at-christmas-7324d Thu, 22 Dec 2016 00:00:00 -0800 <p></p><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>Updated: Thu Dec 22, 2016</p> 1f862f2a3c6f526ccbaddd5b95426336 Did the Russians Hack Hillary? for 12/15/2016 https://www.creators.com/read/judge-napolitano/12/16/did-the-russians-hack-hillary Thu, 15 Dec 2016 00:00:00 -0800 <p></p><p>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.</p> <p>President-elect Trump has characterized these claims as "ridiculous" and just an "excuse" to justify the Clinton defeat, saying they're also intended to undermine the legitimacy of his election. He pointed to FBI conclusions that the CIA is wrong. Who's right?<p>Updated: Thu Dec 15, 2016</p> b862355150f79b1fa6ef90a35493f2d7 Are Sanctuary Cities Legal? for 12/08/2016 https://www.creators.com/read/judge-napolitano/12/16/are-sanctuary-cities-legal Thu, 08 Dec 2016 00:00:00 -0800 <p></p><p>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 &#8212; children who, by virtue of birth, are American citizens. Trump has made known his intention to deport all undocumented people, irrespective of family relationships, starting with those who have committed crimes.</p> <p>In response to Trump's stated intentions, many cities &#8212; including New York, Chicago, Los Angeles and San Francisco &#8212; have offered sanctuary to those whose presence has been jeopardized by the president-elect's plan. Can they do this?<p>Updated: Thu Dec 08, 2016</p> 4c4ce5b8895eeac34bdf65fd218c5f5d Is Flag Burning Protected Speech? for 12/01/2016 https://www.creators.com/read/judge-napolitano/11/16/is-flag-burning-protected-speech Thu, 01 Dec 2016 00:00:00 -0800 <p></p><p>"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." &#8212; U.S. Supreme Court Justice Robert H. Jackson</p> <p><span class="column--highlighted-text">Is flag burning protected speech? </span>This old issue returned front and center earlier this week after President-Elect Donald Trump tweeted that he found it so reprehensible, it should be criminal. He even suggested a punishment &#8212; loss of citizenship or one year in jail. Is the president-elect correct? Can the government punish acts that accompany the expression of opinions because the government, or the public generally, hates or fears the opinions?<p>Updated: Thu Dec 01, 2016</p> e8aa6bac067a799ae807a5edf791e21a What if the Government Is Not Worth Thanking? for 11/24/2016 https://www.creators.com/read/judge-napolitano/11/16/what-if-the-government-is-not-worth-thanking Thu, 24 Nov 2016 00:00:00 -0800 <p></p><p>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? <span class="column--highlighted-text">What if the election season through which we all just suffered is a portent of things to come?</span></p> <p>What if the election was decided not on issues but on emotions? What if most people who voted for president chose the candidate they hated less? What if people talked more about videotapes, emails, private behavior and public deception than they did about issues that arise under the Constitution? What if the videotapes and the emails aroused feelings of disgust that motivated millions of voters to make choices? What if those emotional choices led them to Donald Trump over Hillary Clinton?<p>Updated: Thu Nov 24, 2016</p> 5e0905e83ed172732f83687fe1213b7c The Federal Bureau of Political Investigation for 11/17/2016 https://www.creators.com/read/judge-napolitano/11/16/the-federal-bureau-of-political-investigation Thu, 17 Nov 2016 00:00:00 -0800 <p></p><p>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. <span class="column--highlighted-text">She should have blamed the loss on herself. Her refusal to safeguard state secrets while she was secretary of state and her failure to grasp the nationwide resentment toward government by the forgotten folks in the middle class were far likelier the cause of her defeat than was Comey.</span></p> <p>Yet it is obvious that law enforcement-based decisions in the past four months were made with an eye on Election Day, and the officials who made them evaded the rule of law.<p>Updated: Thu Nov 17, 2016</p> 307506a039904981f3606ff405258298 The Forgotten Man for 11/10/2016 https://www.creators.com/read/judge-napolitano/11/16/the-forgotten-man Thu, 10 Nov 2016 00:00:00 -0800 <p></p><p>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?</p> <p>When the tide began to turn against Hillary Clinton on Tuesday night, I planned to write this column about the unwarranted and unlawful injection of the FBI into the political process. At the time, I was seated with the Fox News number crunchers and generally was exposed to trends and vote totals &#8212; and the number crunchers' lucid explanation of them &#8212; long before they were revealed on-air. I am more an ideas guy than a numbers guy.<p>Updated: Thu Nov 10, 2016</p>