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, 24 Jan 2017 00:09:36 -0800 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 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> a81c926e66476ab121e3599d0a642b1e J. Edgar Comey for 11/03/2016 https://www.creators.com/read/judge-napolitano/11/16/j-edgar-comey Thu, 03 Nov 2016 00:00:00 -0700 <p></p><p>I had intended to use this final column before the presidential election to explain at length why I cannot vote for either Hillary Clinton or Donald Trump and plan to vote for Gary Johnson for president. In a nutshell, big government is our biggest problem. It thrives on more debt, more taxes, more regulations, more war, a secretive deep state and less personal freedom. Both Clinton and Trump would grow the government. Only Johnson would shrink it.</p> <p>One of the most dangerous tendencies of big government is the generation of a police state &#8212; wherein laws, rules and procedures are primarily written and can often be bent to aid law enforcement when it is encroaching on our personal freedoms. We saw a terrifying example of that last week when FBI Director James Comey behaved as if he were his most infamous predecessor, J. Edgar Hoover.<p>Updated: Thu Nov 03, 2016</p> 22be415519dbfc7782fb9494c26e76a8 What Happened to the FBI? for 10/27/2016 https://www.creators.com/read/judge-napolitano/10/16/what-happened-to-the-fbi Thu, 27 Oct 2016 00:00:00 -0700 <p></p><p>When FBI Director James Comey announced on July 5 that the Department of Justice would not seek the indictment of Hillary Clinton for failure to safeguard state secrets related to her email use while she was secretary of state, he both jumped the gun and set in motion a series of events that surely he did not intend. Was his hand forced by the behavior of FBI agents who wouldn't take no for an answer? Did he let the FBI become a political tool?</p> <p>Here is the back story.<p>Updated: Thu Oct 27, 2016</p> fb2ff3d092a93e0b8f47227dc942e0aa What if Liberty Is Attached to Humanity? for 10/20/2016 https://www.creators.com/read/judge-napolitano/10/16/what-if-liberty-is-attached-to-humanity Thu, 20 Oct 2016 00:00:00 -0700 <p></p><p>What if the Declaration of Independence states that the purpose of government is to protect our natural rights? What if natural rights are the freedoms we enjoy without neighbors or strangers or government interfering? What if those freedoms are listed in part in the Bill of Rights? What if the government is supposed to keep its hands off those freedoms because they are ours, we have not surrendered them and we have hired the government to protect them?</p> <p>What if the reason some of our rights are listed in the Bill of Rights was the fear the colonists had after the American Revolution that the new government here might become as destructive of freedom as the British king and Parliament &#8212; whose government they had just kicked out &#8212; were before the Revolution? What if it is impossible to list completely the freedoms that all people enjoy by reason of our humanity? What if the Framers &#8212; who wrote the Constitution and the Bill of Rights &#8212; understood that?<p>Updated: Thu Oct 20, 2016</p> b293446587ae8567eb89e5356ae1f967 Can the Media Reveal Stolen Truths? for 10/13/2016 https://www.creators.com/read/judge-napolitano/10/16/can-the-media-reveal-stolen-truths Thu, 13 Oct 2016 00:00:00 -0700 <p></p><p>It seems that at every turn during this crazy presidential election campaign &#8212; with its deeply flawed principal candidates (whom do you hate less?) &#8212; someone's personal or professional computer records are being hacked. First it was Hillary Clinton's emails that she had failed to surrender to the State Department. Then it was a portion of Donald Trump's 1995 tax returns, showing a $916 million loss he claimed during boom times. Then it was those Clinton emails again, this time showing her unacted-upon doubts about two of our Middle Eastern allies' involvement in 9/11 and her revelation of some secrets about the killing of Osama bin Laden.</p> <p>The reason we know about these leaks is the common thread among them &#8212; the willingness of the media to publish what was apparently stolen. Hence the question: Can the government hold the press liable &#8212; criminally or civilly &#8212; for the publication of known stolen materials that the public wants to know about? In a word: No.<p>Updated: Thu Oct 13, 2016</p> 23e0dc4471733aeba6212b90dfd35362 What if Trump and Clinton Have the Same Core Beliefs? for 10/06/2016 https://www.creators.com/read/judge-napolitano/10/16/what-if-trump-and-clinton-have-the-same-core-beliefs Thu, 06 Oct 2016 00:00:00 -0700 <p></p><p>What if the most remarkable aspect of this presidential election is not how much the two principal candidates disagree with each other but how much they actually agree?</p> <p>What if they are both statists? What if they both believe that the government's first duty is to take care of itself? What if they both believe in the primacy of the state over the individual? What if, in clashes between the state and individuals, they both would use the power of the state to trample the rights of individuals?<p>Updated: Thu Oct 06, 2016</p> 3d2cdf811d55475b85cbb899a9e2dee5 She Clobbered Him (Don't Shoot the Messenger) for 09/29/2016 https://www.creators.com/read/judge-napolitano/09/16/she-clobbered-him-dont-shoot-the-messenger Thu, 29 Sep 2016 00:00:00 -0700 <p></p><p>In this weekly column and in my on-air work at Fox News, I have characterized former Secretary of State Hillary Clinton as a crook and as the "Queen of Deception." I have argued that there is enough credible evidence in the public domain to indict, prosecute and convict her of espionage, perjury, misleading Congress, public corruption, providing material assistance to terrorist organizations and obstruction of justice.</p> <p>I can point to five times when she lied under oath. I know of FBI agents who believe that their hands were tied by the Obama administration in the criminal investigation of her. And I know of American intelligence agents who firmly believe that Americans died because Clinton failed to keep state secrets secure.<p>Updated: Thu Sep 29, 2016</p> 2066d636d73e830486bbc514a29d196e Due Process Is Vital to Freedom for 09/22/2016 https://www.creators.com/read/judge-napolitano/09/16/due-process-is-vital-to-freedom Thu, 22 Sep 2016 00:00:00 -0700 <p></p><p><i> "No person shall ... be deprived of life, liberty, or property, without due process of law..." &#8212; Fifth Amendment to the U.S. Constitution </i></p> <p>The clash in American history between liberty and safety is as old as the republic itself. As far back as 1798, notwithstanding the lofty goals and individualistic values of the Declaration of Independence and the Constitution, the same generation &#8212; in some cases the same human beings &#8212; that wrote in the First Amendment that "Congress shall make no law ... abridging the freedom of speech" enacted the Alien and Sedition Acts, which punished speech critical of the government.<p>Updated: Thu Sep 22, 2016</p> 717a3aabd77351296bbf24f7274a4d6e What Is the FBI Hiding? for 09/15/2016 https://www.creators.com/read/judge-napolitano/09/16/what-is-the-fbi-hiding Thu, 15 Sep 2016 00:00:00 -0700 <p></p><p>Earlier this week, Republican leaders in both houses of Congress took the FBI to task for its failure to be transparent. In the House, it was apparently necessary to serve a subpoena on an FBI agent to obtain what members of Congress want to see; and in the Senate, the chairman of the Judiciary Committee accused the FBI itself of lawbreaking.</p> <p>Here is the back story.<p>Updated: Thu Sep 15, 2016</p> 59a039553bf3402dd95e85886775e0e1 Hillary Clinton and the FBI for 09/08/2016 https://www.creators.com/read/judge-napolitano/09/16/hillary-clinton-and-the-fbi Thu, 08 Sep 2016 00:00:00 -0700 <p></p><p>On Sept. 2, the FBI released a lengthy explanation of its investigation of Hillary Clinton and a summary of the evidence amassed against her. It also released a summary of Clinton's July FBI interrogation.</p> <p>The interrogation was in some respects standard and in others very troubling. It was standard in that she was confronted with emails she had sent or received and was asked whether she recalled them, and her judgment about them was challenged. The FBI was looking for gross negligence in her behavior about securing state secrets.<p>Updated: Thu Sep 08, 2016</p>