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, 22 Jul 2019 23:07:39 -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 93ff3fcd4d3f1d3813b4452eebec47a6 The Limits of Free Speech for 07/18/2019 https://www.creators.com/read/judge-napolitano/07/19/the-limits-of-free-speech Thu, 18 Jul 2019 00:00:00 -0700 <p></p><p>During the past week, President Donald Trump excited two bitter public controversies by sending and publishing two highly inappropriate and offensively incendiary tweets.</p> <p>The first of these was aimed at four female members of Congress &#8212; each a person of color, and, as members of Congress, each an American citizen. Yet the president said they should go back to the countries from which they came. The second tweet was aimed at Google, which the president argued should be investigated for treason. <p>Updated: Thu Jul 18, 2019</p> edc93fb60beff6309ace13082b993202 The Constitution, the Census and Citizenship for 07/11/2019 https://www.creators.com/read/judge-napolitano/07/19/the-constitution-the-census-and-citizenship Thu, 11 Jul 2019 00:00:00 -0700 <p></p><p>Late last month, the Supreme Court ruled on a challenge to a question that the Commerce Department announced it would add to the 2020 census. The census itself has been mandated by the Constitution to be taken every 10 years so that representation in the House of Representatives could be fairly apportioned to reflect population changes.</p> <p>Over the years, the folks who prepare the census developed an appetite for peering into the personal lives of everyone living in America, and Congress &#8212; which has the same mentality as the Census bureaucrats &#8212; permitted this. So, the Census Bureau began adding personal questions in the census itself.<p>Updated: Thu Jul 11, 2019</p> a092c7c08180f12b836571a4377df2e7 The Myth of Independence Day for 07/04/2019 https://www.creators.com/read/judge-napolitano/07/19/the-myth-of-independence-day Thu, 04 Jul 2019 00:00:00 -0700 <p></p><p>The Declaration of Independence &#8212; released on July 4, 1776 &#8212; was Thomas Jefferson's masterpiece. Jefferson himself wrote much about it in essays and letters during 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 and culminated in the American Revolution.<p>Updated: Thu Jul 04, 2019</p> 58b8eb9f6974e96faad93eeff9222349 Trump and Health Care Transparency for 06/27/2019 https://www.creators.com/read/judge-napolitano/06/19/trump-and-health-care-transparency Thu, 27 Jun 2019 00:00:00 -0700 <p></p><p>Many of my media colleagues have been lauding President Donald Trump for signing an executive order earlier this week directing the federal Department of Health and Human Services to require health care providers to inform patients in advance of the true costs of medications and services.</p> <p>The gist of the president's order seems universally pleasing. Who doesn't want to know from a health care provider &#8212; your physician, an emergency facility or a hospital &#8212; what the likely cost will be to you and what the actual cost of medications was to the provider? We all would like to know that. But does the president have the constitutional authority to order it? In a word: No.<p>Updated: Thu Jun 27, 2019</p> 7158a6df993d0abb162a3bc4f459ed76 Can Government Punish Twice for the Same Crime? for 06/20/2019 https://www.creators.com/read/judge-napolitano/06/19/can-government-punish-twice-for-the-same-crime Thu, 20 Jun 2019 00:00:00 -0700 <p></p><p>"...nor shall any person be subject for the same offense</p> <p>to be twice put in jeopardy of life or limb..."<p>Updated: Thu Jun 20, 2019</p> 8d7f926b40b66560c7bd9efdd5f272f9 Trashing the Constitution Again for 06/13/2019 https://www.creators.com/read/judge-napolitano/06/19/trashing-the-constitution-again Thu, 13 Jun 2019 00:00:00 -0700 <p></p><p>While the eyes of the political and media classes were on President Donald Trump as he commemorated the 75th anniversary of D-Day in the United Kingdom and in France last week, and then as we all watched for progress in the tariff war Trump started with Mexico, the Department of Justice was quietly trying to persuade a federal judge in Chicago to abandon first principles with respect to citizenship and sentencing.</p> <p>The DOJ filed a motion asking a federal judge to strip the American citizenship of one Iyman Faris. Faris, who was born in Pakistan, has been a naturalized American citizen since 1994. In 2001, he pleaded guilty to conspiring to blow up the Brooklyn Bridge and was sentenced to 20 years in federal prison. His fellow "conspirators" were FBI agents pretending to be foreign and domestic terrorists willing to work with him.<p>Updated: Thu Jun 13, 2019</p> c5c271dde652d0eb531971b8d9c97023 Mueller Stirs the Pot for 06/06/2019 https://www.creators.com/read/judge-napolitano/06/19/mueller-stirs-the-pot Thu, 06 Jun 2019 00:00:00 -0700 <p></p><p>Last week, special counsel Robert Mueller &#8212; who had been appointed by the Department of Justice two years earlier to investigate the nature and extent of Russian attempts to influence the outcome of the 2016 presidential election and to determine, if those attempts did occur, whether the Russians had any willing American collaborators in the Trump campaign &#8212; came to the cameras and announced his resignation. He also underscored some of his findings and did so in such a manner as to gin up House Democrats in their march toward impeachment.</p> <p>Since his nine-minute statement and his subsequent resignation, he has been praised by many in the political class averse to President Donald Trump, and harshly condemned by the president. He was even criticized by his longtime friend and former boss, Attorney General William Barr. Praised and criticized for what?<p>Updated: Thu Jun 06, 2019</p> 7f553a39cfeabea8bebc8b9f547059f3 What Happened to the Freedom of Speech? for 05/30/2019 https://www.creators.com/read/judge-napolitano/05/19/what-happened-to-the-freedom-of-speech Thu, 30 May 2019 00:00:00 -0700 <p></p><p>"Congress shall make no law...</p> <p>abridging the freedom of speech,<p>Updated: Thu May 30, 2019</p> 6d8bf88f6daf3b37de081afcf75ec6cf To Impeach or Not to Impeach for 05/23/2019 https://www.creators.com/read/judge-napolitano/05/19/to-impeach-or-not-to-impeach Thu, 23 May 2019 00:00:00 -0700 <p></p><p>"If the president does it,</p> <p>that means it is not illegal."<p>Updated: Thu May 23, 2019</p> 8f45de0d6ded99d3c81f32100d08ab85 Once Upon a Time in America for 05/16/2019 https://www.creators.com/read/judge-napolitano/05/19/once-upon-a-time-in-america Thu, 16 May 2019 00:00:00 -0700 <p></p><p>There was a time in American history &#8212; nearly all of it up to the presidency of Woodrow Wilson &#8212; when the federal government followed basic constitutional norms. With some unique and discrete exceptions, like the Civil War, Congress wrote the laws, the president enforced them, whether he agreed with them or not, and the judiciary interpreted them and assessed their compatibility to the Constitution. This is the separation of powers.</p> <p>My late friend Justice Antonin Scalia often argued that the constitutionally mandated separation of powers is the most uniquely American and liberty-insuring aspect of the Constitution. James Madison, who essentially wrote the Constitution, believed that tension and jealousy between the three branches would enhance personal freedom by preventing the accumulation of too much governmental power in the hands of too few. But he publicly worried about that accumulation, and the branch he feared the most was the presidency.<p>Updated: Thu May 16, 2019</p> 15311a578f1fd2ee4c61d687f038b2c5 Did the Attorney General Deceive Congress? for 05/09/2019 https://www.creators.com/read/judge-napolitano/05/19/did-the-attorney-general-deceive-congress Thu, 09 May 2019 00:00:00 -0700 <p></p><p>William Barr, the attorney general of the United States, now faces a likely contempt citation for failing to comply with a congressional subpoena and for misleading Congress. This is about the Mueller investigation of Russian interference in the 2016 presidential election. Isn't the investigation now complete? How did the attorney general's veracity become an issue and thereby extend the life of the investigation?</p> <p>Here is the backstory.<p>Updated: Thu May 09, 2019</p> 3f441bfce8a81103d963c338f22082d8 Can the Attorney General Defend Presidential Obstruction? for 05/02/2019 https://www.creators.com/read/judge-napolitano/05/19/can-the-attorney-general-defend-presidential-obstruction Thu, 02 May 2019 00:00:00 -0700 <p></p><p>One should expect fireworks this week as Attorney General William Barr testifies before the Judiciary Committees of both the House and the Senate about the investigation and the report of special counsel Robert Mueller regarding Russian interference in the 2016 American presidential election. By now, most folks know that the interference was substantial but don't seem to care much.</p> <p>We know from Mueller's report that Russian intelligence agents engaged in sophisticated cyber warfare against the United States, and we did very little to resist them. The Russians were physically here. They engaged via email and text with many Americans. They ran popular political rallies. They attempted to alter vote tallies. They received internal polling data from the Trump campaign, with which they communicated 127 times in 16 months.<p>Updated: Thu May 02, 2019</p> 90f858415c0736db0c759eed77342a90 Did the President Obstruct Justice? for 04/25/2019 https://www.creators.com/read/judge-napolitano/04/19/did-the-president-obstruct-justice Thu, 25 Apr 2019 00:00:00 -0700 <p></p><p>When the Department of Justice designated Robert Mueller as special counsel to take over the FBI investigation of the Trump campaign in May 2017, Mueller's initial task was to determine if there had been a conspiracy &#8212; an illegal agreement &#8212; between the campaign and any Russians to receive anything of value.</p> <p>When former FBI Director James Comey informed Mueller that he believed Trump fired him because he had declined Trump's order to shut down the investigation of Trump's campaign and of his former national security advisor, retired Lt. Gen. Michael Flynn, Mueller began to investigate whether the president had unlawfully attempted to obstruct those investigations.<p>Updated: Thu Apr 25, 2019</p> e24087891ec8aa7e1726521a79f651b5 Hope for the Dead for 04/18/2019 https://www.creators.com/read/judge-napolitano/04/19/hope-for-the-dead-d46ee Thu, 18 Apr 2019 00:00:00 -0700 <p></p><p><i>That God, which ever lives and loves,</i></p><i> <p>One God, one law, one element,<p>Updated: Thu Apr 18, 2019</p> b5e8814a8ddcec1a1f4496d82681b3f7 Who Will See the Full Mueller Report? for 04/11/2019 https://www.creators.com/read/judge-napolitano/04/19/who-will-see-the-full-mueller-report Thu, 11 Apr 2019 00:00:00 -0700 <p></p><p>When Attorney General William Barr released his four-page assessment of Special Counsel Robert Mueller's 400-page report, I was disappointed at many of my colleagues who immediately jumped on board the "no collusion" and "no obstruction" and "presidential exoneration" bandwagons.</p> <p>As I write, Barr and his team are scrutinizing the Mueller report for legally required redactions. These include grand jury testimony about people not indicted &#8212; referred to by lawyers as 6(e) materials &#8212; as well as evidence that is classified, pertains to ongoing investigations or the revelation of which might harm national security.<p>Updated: Thu Apr 11, 2019</p> 3f95618f397ea720377d257e06f8220b Is the Affordable Care Act Unconstitutional? for 04/04/2019 https://www.creators.com/read/judge-napolitano/04/19/is-the-affordable-care-act-unconstitutional Thu, 04 Apr 2019 00:00:00 -0700 <p></p><p>"If the provisions of the Constitution be not upheld when they pinch, as well as when they comfort, they may as well be abandoned." &#8212; Justice George Sutherland (1862-1942)</p> <p>Here we go again. The legal battle over the constitutionality of the Affordable Care Act &#8212; Obamacare &#8212; will soon be back in court due to the largely unexpected consequences of a series of recent events.<p>Updated: Thu Apr 04, 2019</p> 5212621f9b847bac59acb43f2e03e0c1 Are Trump's Legal Woes Over or Just Beginning? for 03/28/2019 https://www.creators.com/read/judge-napolitano/03/19/are-trumps-legal-woes-over-or-just-beginning Thu, 28 Mar 2019 00:00:00 -0700 <p></p><p>Last Sunday afternoon, U.S. Attorney General William Barr released a letter, which he said summarized the report he had received from special counsel Robert Mueller about alleged crimes committed by President Donald Trump. Barr wrote that the president's exoneration is complete with respect to any conspiracy between the Trump campaign and Russian intelligence to affect the outcome of the 2016 presidential election. He also wrote that though Trump will not be prosecuted by the Department of Justice for obstruction of justice, the special counsel did not exonerate him.</p> <p>This is a head-scratcher.<p>Updated: Thu Mar 28, 2019</p> 81694bf31a8972de0018bb59daec4291 Can the President Legally Break the Law? for 03/21/2019 https://www.creators.com/read/judge-napolitano/03/19/can-the-president-legally-break-the-law Thu, 21 Mar 2019 00:00:00 -0700 <p></p><p>"When the president does it, that means that it is not illegal." &#8212; Richard M. Nixon (1913-94)</p> <p>Legal scholars have been fascinated for two centuries about whether an American president can break the law and remain immune from prosecution. During the Civil War, Abraham Lincoln ordered troops to arrest, without warrant, and incarcerate, without due process, many peaceful, law-abiding journalists and newspaper editors &#8212; and even a member of Congress &#8212; in the Northern states. Wasn't that kidnapping?<p>Updated: Thu Mar 21, 2019</p> cc99aad62f40d8e0ca78a6a02a660961 Can Congress Amend the Constitution? for 03/14/2019 https://www.creators.com/read/judge-napolitano/03/19/can-congress-amend-the-constitution Thu, 14 Mar 2019 00:00:00 -0700 <p></p><p>"Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency." &#8212; Chief Justice Charles Evans Hughes (1862-1948)</p> <p>This week, the United States Senate will take a historic vote known as a negation, a statutory procedure whereby Congress nullifies an act of the president. The negation vote is authorized by the National Emergencies Act of 1976, which was written to permit the president to streamline government during an unforeseen crisis.<p>Updated: Thu Mar 14, 2019</p> 847b98af1ed9a4316d0223a1fd43df64 President Trump's Bad Week for 03/07/2019 https://www.creators.com/read/judge-napolitano/03/19/president-trumps-bad-week Thu, 07 Mar 2019 00:00:00 -0800 <p></p><p>In an ideal world, the president of the United States would succeed in negotiating a nuclear arms treaty with a foreign government &#8212; and do so with full congressional support; his lawyer would respect the attorney-client privilege and not reveal confidences publicly; Congress would abide the old adage that politics ends where the water's edge begins and lie low when the president is overseas on a delicate mission; the president would not engage in a grievous constitutional overreach that provokes a congressional negation; no one in his administration would have a top-secret security clearance who failed to be truthful to the law enforcement and intelligence folks investigating him; and the president would not fear RICO.</p> <p>But we do not live in an ideal world &#8212; and all of these issues and events came to our consciousness last week.<p>Updated: Thu Mar 07, 2019</p>