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 Sun, 17 Dec 2017 05:17:30 -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 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> 8e27904f5092f0bdf313910fe5eacf4c Can the Feds Prosecute Foreigners if Their Actions Are Legal Where They Are? for 10/26/2017 https://www.creators.com/read/judge-napolitano/10/17/can-the-feds-prosecute-foreigners-if-their-actions-are-legal-where-they-are Thu, 26 Oct 2017 00:00:00 -0700 <p></p><p>I am in Switzerland this week interacting with and lecturing to students and faculty at the University of Zurich. The subject of our work is the U.S. Constitution and its protections of personal liberty.</p> <p>In most countries, government has begrudgingly granted snippets of personal liberty to keep those who are demanding it at bay. Throughout history, kings and other tyrants have, from time to time, given in to pressures from folks to recognize their natural rights. These instances of "power granting liberty," as the practice has come to be known, usually have come about to avoid further bloodshed.<p>Updated: Thu Oct 26, 2017</p> 768baa508673b4c6bf1115a18d623735 Trump and Obamacare for 10/19/2017 https://www.creators.com/read/judge-napolitano/10/17/trump-and-obamacare Thu, 19 Oct 2017 00:00:00 -0700 <p></p><p>Late last week, President Donald Trump signed an executive order directing the secretaries of the treasury and health and human services to cease making payments to health care insurance companies in behalf of the more than 6 million Americans who qualify for these payments under the Patient Protection and Affordable Care Act, commonly known as Obamacare.</p> <p>Obamacare is the signature legislation of former President Barack Obama, enacted in 2010 and upheld by the Supreme Court in 2012. Its stated goal was to use the engine of the federal government to make health insurance available and affordable to everyone in America.<p>Updated: Thu Oct 19, 2017</p> 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>