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 Mon, 16 Oct 2017 22:51:58 -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 d3617d316ff8ea274ae04749b49815e0 Is Taking a Knee Protected Speech? for 10/12/2017 https://www.creators.com/read/judge-napolitano/10/17/is-taking-a-knee-protected-speech Thu, 12 Oct 2017 00:00:00 -0700 <p></p><p>"The constitutionally guaranteed 'freedom to be intellectually ... diverse or even contrary,' and the 'right to differ as to things that touch the heart of the existing order,' encompass the freedom to express publicly one's opinions about our flag, including those opinions which are defiant or contemptuous."</p> <p>&#8212; Supreme Court of the United States in Street v. New York (1969)<p>Updated: Thu Oct 12, 2017</p> 779a32d1d3004e1fabbfe693a996413f Can the Government Keep Us Safe? for 10/05/2017 https://www.creators.com/read/judge-napolitano/10/17/can-the-government-keep-us-safe Thu, 05 Oct 2017 00:00:00 -0700 <p></p><p>Here we go again. The United States has been rattled to the core by an unspeakable act of evil perpetrated by a hater of humanity. A quiet, wealthy loner rented a hotel suite in Las Vegas, armed it with shooting platforms and automatic weapons, knocked out two of the windows, and shot at innocents 32 floors below. Fifty-nine people were murdered, and 527 were injured.</p> <p>The killer used rifles that he purchased legally and altered illegally. He effectively transformed several rifles that emit one round per trigger pull and present the next round in the barrel for immediate use (semiautomatics) into rifles that emit rounds continuously when the trigger is pulled &#8212; hundreds of rounds per minute (automatics). Though some automatic rifles that were manufactured before 1986 can lawfully be purchased today with an onerous federal permit, automatic weapons generally have been unlawful in the United States since 1934. Even the police and the military are not permitted to use them here.<p>Updated: Thu Oct 05, 2017</p> 6fcd4612ebf303874e09015d35d7b31a The Weird Odyssey of Trump's Travel Bans for 09/28/2017 https://www.creators.com/read/judge-napolitano/09/17/the-weird-odyssey-of-trumps-travel-bans Thu, 28 Sep 2017 00:00:00 -0700 <p></p><p>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.</p> <p>The first travel ban never took effect, as the federal courts in Brooklyn, Seattle and Honolulu in which it was challenged by people from the affected countries who had visas to enter the United States enjoined it almost immediately. When the Department of Justice challenged those injunctions, it lost. The basis for the judicial invalidations of the first ban was that it constituted a government decision based on religion.<p>Updated: Thu Sep 28, 2017</p> 39692d01ca21bf16ecafe06abbf98064 Trump's Tightening Legal Noose for 09/21/2017 https://www.creators.com/read/judge-napolitano/09/17/trumps-tightening-legal-noose Thu, 21 Sep 2017 00:00:00 -0700 <p></p><p>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 public confession of frustration and weakness among his lawyers and we learned that his former chief confidant and campaign manager is about to be indicted. This is very bad news for President Trump.</p> <p>Here is the back story.<p>Updated: Thu Sep 21, 2017</p> f79b798647842da9214d72c9da492b1c Why Does God Permit Natural Disasters? for 09/14/2017 https://www.creators.com/read/judge-napolitano/09/17/why-does-god-permit-natural-disasters Thu, 14 Sep 2017 00:00:00 -0700 <p></p><p>Like many Americans during the past three weeks, I've been bombarded by news about the destructive power of Hurricane Harvey in Texas and Hurricane Irma in Florida. The stories are of misery, death and destruction.</p> <p>The misery, death and destruction are acutely difficult to accept because they have been visited upon innocents. I say that knowledgeable of the ancient argument that our personal and collective sinfulness has merited our pain. Yet that raises this question: Does anyone really deserve personal ruination because of personal sin, particularly from a God whose Son said he came to call sinners and not the just?<p>Updated: Thu Sep 14, 2017</p> 433448be47611a9df28459e49fe41594 Immigrant Children and the Rule of Law for 09/07/2017 https://www.creators.com/read/judge-napolitano/09/17/immigrant-children-and-the-rule-of-law Thu, 07 Sep 2017 00:00:00 -0700 <p></p><p>Earlier this week, Attorney General Jeff Sessions announced that in six months, the Department of Justice will begin the long process for deportation proceedings against 800,000 young people who came to America as babies and young children in the care of their parents and others because those entries into this country were and remain unlawful.</p> <p>When President Barack Obama signed numerous executive orders attempting to set forth the conditions under which illegally immigrated adults whose children were born here could lawfully remain here, he was challenged in federal court and he lost. Sessions believes that the government would lose again if it declined to deport those who came here illegally as babies and young children.<p>Updated: Thu Sep 07, 2017</p> a74cee887bd925690b0760be5cfb62d3 Dangers Are Coming to the Rule of Law for 08/31/2017 https://www.creators.com/read/judge-napolitano/08/17/dangers-are-coming-to-the-rule-of-law Thu, 31 Aug 2017 00:00:00 -0700 <p></p><p>Amid the bad news this summer of racial tensions in Charlottesville and biblical-like floods in Houston and preening saber rattling between Pyongyang and Washington, a dangerous below-the-radar trend has been developing about which all who believe that the Constitution means what it says should be concerned. It is the reckless influence upon local law enforcement coming from the Trump administration.</p> <p>Here is the back story.<p>Updated: Thu Aug 31, 2017</p> 308817d637e6d8378a0db375be4162c0 If You Can't Change Your Mind, Change the Subject for 08/24/2017 https://www.creators.com/read/judge-napolitano/08/17/if-you-cant-change-your-mind-change-the-subject Thu, 24 Aug 2017 00:00:00 -0700 <p></p><p>On the heels of his worst week in office, during which his crude comments about race were widely perceived as defending racism and hatred &#8212; comments that sent some of his natural domestic allies fleeing &#8212; President Donald Trump could not bring himself to articulate a mea culpa.</p> <p>Instead, he purported to defend as "some very fine people" the monsters who shouted "Jews will not replace us" and "blood and soil" (a virulent Nazi slogan calling for lands where only Aryans may live) as they clashed with those who rejected their messages in Charlottesville, Virginia.<p>Updated: Thu Aug 24, 2017</p> 7e4b6b74eba2e1094cbd3271004aa139 Freedom for the Speech We Hate for 08/17/2017 https://www.creators.com/read/judge-napolitano/08/17/freedom-for-the-speech-we-hate Thu, 17 Aug 2017 00:00:00 -0700 <p></p><p>Last weekend, serious violence broke out in Charlottesville, Virginia, when a group of white supremacist demonstrators was confronted by a group of folks who were there to condemn the message the demonstrators had come to advance. The message was critical of the government for removing a statue of Gen. Robert E. Lee from a public place.</p> <p>For some, Lee is associated with the military defense of slavery. For others, he is associated with the military defense of the right of states to leave the union &#8212; a union they voluntarily joined. For the organizers of the Charlottesville rally, the removal of the statue provided a platform to articulate crudely their view that the Caucasian race is somehow morally superior to every other.<p>Updated: Thu Aug 17, 2017</p> 13a545823f456bd13ab821f2383d747c Sanctuary Cities and the Rule of Law for 08/10/2017 https://www.creators.com/read/judge-napolitano/08/17/sanctuary-cities-and-the-rule-of-law Thu, 10 Aug 2017 00:00:00 -0700 <p></p><p>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.</p> <p>The DOJ contended that Chicago officials were contributing to lawlessness by refusing to inform the feds of the whereabouts of undocumented foreign-born people, thereby creating what the feds derisively call a "sanctuary city," and Chicago officials have argued that their police officers and clerical folks are not obligated to work for the feds.<p>Updated: Thu Aug 10, 2017</p> 87bb677b9fc121e68c377b8dfa46b8fd What if Some Spies Are Bad Guys? for 08/03/2017 https://www.creators.com/read/judge-napolitano/08/17/what-if-some-spies-are-bad-guys Thu, 03 Aug 2017 00:00:00 -0700 <p></p><p>What if the federal government captures in real time the contents of every telephone call, email and text message and all the fiber-optic data generated by every person and entity in the United States 24/7/365? What if this mass surveillance was never authorized by any federal law?</p> <p>What if this mass surveillance has come about by the secret collusion of presidents and their spies in the National Security Agency and by the federal government's forcing the major telephone and computer service providers to cooperate with it? What if the service providers were coerced into giving the feds continuous physical access to their computers and thus to all the data contained in and passing through those computers?<p>Updated: Thu Aug 03, 2017</p> 61a57d12dd4d2b8ddcfb7156c42651ce President Trump and His Department of Justice: A Clash That Should Not Be for 07/27/2017 https://www.creators.com/read/judge-napolitano/07/17/president-trump-and-his-department-of-justice-a-clash-that-should-not-be Thu, 27 Jul 2017 00:00:00 -0700 <p></p><p>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.</p> <p>He is also angry that the trail of the well-known evidence of the crimes of his former opponent Hillary Clinton seems to have been vacated by the DOJ.<p>Updated: Thu Jul 27, 2017</p> c316e726591303e783d813df59e4358e Was Donald Trump Jr.'s Russian Meeting a Criminal Act? for 07/20/2017 https://www.creators.com/read/judge-napolitano/07/17/was-donald-trump-jrs-russian-meeting-a-criminal-act Thu, 20 Jul 2017 00:00:00 -0700 <p></p><p>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 likely computer-generated) information the Russians might have to offer them about Hillary Clinton.</p> <p>Within days of the meeting, the elder Trump announced publicly that he would soon release a litany of reasons why Clinton was unqualified to be president and that they would include new allegations about Clinton and Russia. The new allegations did not come.<p>Updated: Thu Jul 20, 2017</p> bc406f4e6b66a7bded192f913d62d72d Trump, Immigration and the Supreme Court for 06/29/2017 https://www.creators.com/read/judge-napolitano/06/17/trump-immigration-and-the-supreme-court Thu, 29 Jun 2017 00:00:00 -0700 <p></p><p>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 animated by an anti-Muslim bias &#8212; a bias he forcefully articulated during the presidential election campaign &#8212; concluding that what appeared to be, on its face, a travel ban based rationally on national security needs was in reality a "Muslim ban" based on religious fear, prejudice or hatred.</p> <p>The Supreme Court unanimously saw it differently. Here is the back story.<p>Updated: Thu Jun 29, 2017</p> 4cea9cd17f678c53abb1da62fce3af49 Is President Trump the Subject of a Criminal Investigation? for 06/22/2017 https://www.creators.com/read/judge-napolitano/06/17/is-president-trump-the-subject-of-a-criminal-investigation Thu, 22 Jun 2017 00:00:00 -0700 <p></p><p>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 but did not repeat the "is being investigated" remark.</p> <p>This produced substantial consternation in the news media and at the White House, since the president himself had tweeted over the weekend that he is being investigated for firing FBI Director James Comey by the same person &#8212; Deputy Attorney General Rod Rosenstein &#8212; who recommended Comey's firing and that the investigation is a "witch hunt."<p>Updated: Thu Jun 22, 2017</p> 5b8745b3d5d1375321d0671d40089176 The Consent of the Governed for 06/15/2017 https://www.creators.com/read/judge-napolitano/06/17/the-consent-of-the-governed Thu, 15 Jun 2017 00:00:00 -0700 <p></p><p>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 &#8212; Trump's former national security adviser &#8212; and then asked him to do so in return for keeping his job as FBI director and then fired him for not obeying his order.</p> <p>On the other hand, Comey confirmed that the president personally, as of the time of Comey's firing, was not the target of any FBI criminal investigation. It was not clear from the Comey testimony whether this exoneration was referring to salacious allegations made by a former British intelligence agent of highly inappropriate and fiercely denied personal behavior a few years ago in a Moscow hotel room or whether the exoneration was with respect to widely reported allegations that the 2016 Trump campaign may have helped Russian intelligence agents in their efforts to manipulate the outcome of the presidential election.<p>Updated: Thu Jun 15, 2017</p> ac77c3118026887bd12572b4bcf7aa69 Once in a While, a Good Leak for 06/08/2017 https://www.creators.com/read/judge-napolitano/06/17/once-in-a-while-a-good-leak Thu, 08 Jun 2017 00:00:00 -0700 <p></p><p>Last weekend, the FBI arrested an employee of a corporation in Augusta, Georgia, that had a contract with the National Security Agency and charged her with espionage. Espionage occurs when someone who has been entrusted to safeguard state secrets fails to do so. In this case, the government alleges that the person to whom state secrets had been entrusted is 25-year-old Reality Leigh Winner, who had a top-secret national security clearance.</p> <p>The government claims that Winner downloaded and printed a top-secret NSA report, removed the printed version of the report from her employer's premises, and then mailed it to The Intercept, a highly regarded international media outlet that exposes government wrongdoing.<p>Updated: Thu Jun 08, 2017</p> f163fd56d211491dbe8c9c7c34a370c4 Spying on You, Spying on Me, Spying on the President for 06/01/2017 https://www.creators.com/read/judge-napolitano/05/17/spying-on-you-spying-on-me-spying-on-the-president Thu, 01 Jun 2017 00:00:00 -0700 <p></p><p>"The makers of our Constitution ... conferred, as against the Government, the right to be let alone &#8212; the most comprehensive of rights and the right most valued by civilized men." &#8212; Justice Louis D. Brandeis, 1928</p> <p>After the Watergate era had ended and Jimmy Carter was in the White House and the Senate's Church Committee had attempted to grasp the full extent of lawless government surveillance in America during the LBJ and Nixon years, Congress passed the Foreign Intelligence Surveillance Act. FISA declared that it provided the sole source for federal surveillance in America for intelligence purposes.<p>Updated: Thu Jun 01, 2017</p> 04a52977d95885273e0090a97ada6058 Is President Trump in Trouble? for 05/25/2017 https://www.creators.com/read/judge-napolitano/05/17/is-president-trump-in-trouble Thu, 25 May 2017 00:00:00 -0700 <p></p><p>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 that process. Can the president be charged with obstructing justice when he asks that federal investigations of his friends be shut down?</p> <p>Most legal scholars agree that the president cannot be prosecuted while in office and that the appropriate remedy for presidential criminal wrongdoing is impeachment.<p>Updated: Thu May 25, 2017</p> 399dccc18eb75139a14f2ef8de9d1210 Donald Trump's Seven Days in May for 05/18/2017 https://www.creators.com/read/judge-napolitano/05/17/donald-trumps-seven-days-in-may Thu, 18 May 2017 00:00:00 -0700 <p></p><p>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.</p> <p>The Comey firing was clumsy and rude. Comey learned of it from FBI agents in Los Angeles who noticed reports of it on television monitors that they could see while he was speaking to them. The White House initially claimed Comey had been fired because of his poor judgment in the Hillary Clinton email investigation, in which he announced that she would not be indicted even though there was ample evidence to indict her and then reopened the case two weeks before Election Day even though there was no evidence to justify doing so.<p>Updated: Thu May 18, 2017</p>