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 Fri, 22 Feb 2019 21:29:04 -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 3d2d0f634a5eca0facb9d1431d8c1543 Trump's Brazen Unconstitutional Overreach for 02/21/2019 https://www.creators.com/read/judge-napolitano/02/19/trumps-brazen-unconstitutional-overreach Thu, 21 Feb 2019 00:00:00 -0800 <p></p><p>Last week, President Donald Trump followed through on a threat he had been making for months. It was not a blistering or insulting tweet. It was not an attack on the press or congressional Democrats. It was an attack on the Constitution.</p> <p>Here is the back story.<p>Updated: Thu Feb 21, 2019</p> 186ab5b923d51afaa3f62feea520a925 The President and Chilling Free Speech for 02/14/2019 https://www.creators.com/read/judge-napolitano/02/19/the-president-and-chilling-free-speech Thu, 14 Feb 2019 00:00:00 -0800 <p></p><p>While the public discourse has been consumed over the realization that abortion physicians actually let viable babies who survive late-term abortions die &#8212; as well as whether President Donald Trump or House Speaker Nancy Pelosi will blink first over the issue of congressional authorization for building a wall at the country's southern border, to say nothing of the race- and sex-infused mess at the top of the government in Virginia &#8212; a profound free speech issue has been bubbling below the radar.</p> <p>A former White House communications aide and former Trump campaign adviser who has written a blistering tell-all book about the Trump White House now finds himself in litigation about whether he can freely publish his book &#8212; which he has already done &#8212; and freely profit from it.<p>Updated: Thu Feb 14, 2019</p> c14534039691e51bc58392009d1fcb5b Abortion and the Right to Stay Alive for 02/07/2019 https://www.creators.com/read/judge-napolitano/02/19/abortion-and-the-right-to-stay-alive Thu, 07 Feb 2019 00:00:00 -0800 <p></p><p>Much has been made lately of language in a recently enacted New York state statute that permits abortion up to the time of birth if necessary to preserve the life or health of the mother. New Jersey has had the same provision for two generations via a regulation of the Board of Medical Examiners.</p> <p>Sadly, when New York Gov. Andrew Cuomo signed the new legislation into law two weeks ago, he did so in a joyful and celebratory atmosphere. What moral person could find joy in this?<p>Updated: Thu Feb 07, 2019</p> ebd9f87ad9d057bbe3b1a5967dce2686 An American Nightmare for 01/31/2019 https://www.creators.com/read/judge-napolitano/01/19/an-american-nightmare Thu, 31 Jan 2019 00:00:00 -0800 <p></p><p>Last Friday, on a quiet residential street at 6 in the morning, the neighborhood exploded in light, noise and terror. Seventeen SUVs and two armored vehicles arrived in front of one house. Each vehicle had sirens blaring and lights flashing. The house, which abutted a canal, was soon surrounded by 29 government agents, each wearing military garb, each carrying a handgun and most carrying high-powered automatic rifles.</p> <p>In the canal were two amphibious watercraft, out of which more heavily armed government agents came. Circling above all this was a helicopter equipped with long-range precision weaponry and high-powered spotlights.<p>Updated: Thu Jan 31, 2019</p> 0b6cd7b6fde35733ece8ad7a080c3a83 More Self-Inflicted Presidential Legal Woes for 01/24/2019 https://www.creators.com/read/judge-napolitano/01/19/more-self-inflicted-presidential-legal-woes Thu, 24 Jan 2019 00:00:00 -0800 <p></p><p>Last week, the investigative arm of BuzzFeed sparked a media frenzy with a report claiming that two federal law enforcement sources had informed its reporters that Michael Cohen, President Donald Trump's former lawyer and confidant, had told special counsel Robert Mueller that Trump counseled him to lie to Congress about the status of Trump's attempts to build Trump Tower Moscow.</p> <p>The BuzzFeed piece also claimed that the sources revealed that Mueller's folks had received documentary evidence from Cohen to back up his allegations.<p>Updated: Thu Jan 24, 2019</p> 1e15e903733743c666e0c05fb901946b Can the FBI Investigate the President? for 01/17/2019 https://www.creators.com/read/judge-napolitano/01/19/can-the-fbi-investigate-the-president Thu, 17 Jan 2019 00:00:00 -0800 <p></p><p>Last weekend, The New York Times reported that senior FBI officials were so concerned about whatever President Donald Trump's true motivation for firing FBI Director James Comey was that they immediately initiated a counterintelligence investigation of the president himself.</p> <p>The Times reported that these officials believed that Trump may have intentionally or unwittingly played into the Kremlin's hands by firing Comey so as to impair the FBI investigation into what efforts, if any, Russian intelligence personnel undertook in attempting to influence the 2016 presidential election and what role, if any, the Trump campaign played in facilitating those efforts.<p>Updated: Thu Jan 17, 2019</p> 173dee73ad17966b1aae798de906182b Can the President Alone Build a Border Wall? for 01/10/2019 https://www.creators.com/read/judge-napolitano/01/19/can-the-president-alone-build-a-border-wall Thu, 10 Jan 2019 00:00:00 -0800 <p></p><p>When Donald Trump was looking for a catchy phrase during his 2016 presidential campaign to address the issue of immigrants entering the United States unlawfully &#8212; a line that would resonate with his supporters &#8212; he came up with the phrase "build the wall." The reference, of course, is to what Trump advertised would be a 30-foot-tall, thousand-mile-long Mexico-financed physical wall along our border with Mexico.</p> <p>At first, most folks seemed to dismiss this a pie in the sky. Why would the government of a foreign country pay for a wall in the United States built so as to keep its own citizens and residents from entering the United States? The answer: It wouldn't.<p>Updated: Thu Jan 10, 2019</p> 41b8d71a01fc9ac24155052c9c3c6ad0 Office Pool 2019 for 01/03/2019 https://www.creators.com/read/judge-napolitano/01/19/office-pool-2019 Thu, 03 Jan 2019 00:00:00 -0800 <p>1) On Jan. 1, 2020, Donald Trump will be</p> <p>a. fighting an indictment for fraud.</p> <p>b. fighting impeachment proceedings.<p>Updated: Thu Jan 03, 2019</p> f1af99f78046d450877cd332b8b97bf6 America at Christmas for 12/27/2018 https://www.creators.com/read/judge-napolitano/12/18/america-at-christmas-c9eba Thu, 27 Dec 2018 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? <span class="column--highlighted-text">What if Christmas is the rebirth of Christ in the hearts of all believers?</span> 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 27, 2018</p> 85660c7f03d589dfa4d2ec93451c662f The President's Legal Woes Continue to Grow for 12/20/2018 https://www.creators.com/read/judge-napolitano/12/18/the-presidents-legal-woes-continue-to-grow Thu, 20 Dec 2018 00:00:00 -0800 <p></p><p>It seems that every time we look at the legal maneuverings that reflect upon President Donald Trump, the allegations of unlawful behavior by him add up. We know that two teams of federal prosecutors are examining his pre-presidential and his in-office behavior.</p> <p>Special counsel Robert Mueller is investigating whether Trump and his campaign reached an agreement with any foreign nationals &#8212; particularly Russians &#8212; to receive anything of value and whether he obstructed justice by trying to shut down an FBI investigation of his first national security adviser, retired Lt. Gen. Michael Flynn. And federal prosecutors in Manhattan are looking at bank fraud and campaign financing fraud.<p>Updated: Thu Dec 20, 2018</p> 2f1605571621d08071ce552ab1ea9c23 At the Direction of the President for 12/13/2018 https://www.creators.com/read/judge-napolitano/12/18/at-the-direction-of-the-president Thu, 13 Dec 2018 00:00:00 -0800 <p></p><p>Last week, federal prosecutors in Washington and New York filed sentencing memorandums with federal judges in advance of the sentencings of Paul Manafort and Michael Cohen. President Donald Trump's former campaign manager and his former personal lawyer had pleaded guilty to federal crimes, and the memorandums, which are required by the federal rules of criminal procedure, set forth the prosecutors' desired prison sentences for them.</p> <p>Judges rely on these submissions, as well as on those of defense counsel, before making the mathematical calculations that the law requires. Sadly, sentencing today is largely an algorithmic function, dictated by federal sentencing guidelines, with some room for judicial deviation based on the facts of the crimes and the personal backgrounds of the defendants. In my career as a judge in New Jersey, I sentenced more than 1,000 people using state guidelines that were substantially similar to the present federal guidelines.<p>Updated: Thu Dec 13, 2018</p> f6e3d4e53987808daa4787624cc2b236 A Witch Hunt or an Investigation by a Brutal Book? for 12/06/2018 https://www.creators.com/read/judge-napolitano/12/18/a-witch-hunt-or-an-investigation-by-a-brutal-book Thu, 06 Dec 2018 00:00:00 -0800 <p></p><p>The nation has paused this week from its toxic political battles to remember the kindness and gentleness of President George H.W. Bush. He was kind to Bill Clinton, who defeated him in 1992, and to Ross Perot, whose unusual entry into the presidential race that year siphoned conservative voters away from Bush and enabled Clinton to amass a majority of electoral votes with only 43 percent of the popular vote. The Bush I knew was the post-presidential one, who, by all appearances, harbored no bitterness or sense of defeat.</p> <p>That was the consistent theme running through nearly all the reminiscences we have heard since he died late last week. Those comments about Bush's character are, of course, being contrasted with the more in-your-face president we have today. To his credit, President Donald Trump has kept a low profile since Bush's death, in all areas but one. He continues to pound away at his view that the investigation of him and his campaign by Department of Justice special counsel Robert Mueller is a hoax and a witch hunt.<p>Updated: Thu Dec 06, 2018</p> 783ed17416c3f66467c629ec5ed198eb The Chief Justice Takes On the President for 11/29/2018 https://www.creators.com/read/judge-napolitano/11/18/the-chief-justice-takes-on-the-president Thu, 29 Nov 2018 00:00:00 -0800 <p></p><p>When Donald Trump became president, he swore an oath to uphold the Constitution and enforce federal laws "faithfully." James Madison, who was the scrivener at the Constitutional Convention, insisted on using the word "faithfully" in the presidential oath and including the oath in the body of the Constitution because he knew that presidents would face the temptation to disregard laws they dislike.</p> <p>The employment of the word "faithfully" in the presidential oath is an unambiguous reminder to presidents that they must enforce federal laws as they are written, not as presidents may wish them to be. Earlier this month, Trump succumbed to Madison's feared temptation, and last week, a federal judge corrected him. Then an uproar ensued.<p>Updated: Thu Nov 29, 2018</p> 2a0649c595e117b33046804b3f5f6af5 For What Should We Be Thankful? for 11/22/2018 https://www.creators.com/read/judge-napolitano/11/18/for-what-should-we-be-thankful Thu, 22 Nov 2018 00:00:00 -0800 <p></p><p>What if the government's true goal is to perpetuate itself? What if the real levers of governmental power are pulled by agents and diplomats and by bureaucrats and central bankers behind the scenes? What if they stay in power no matter who is elected president or which political party controls either house of Congress?</p> <p>What if the frequent public displays of adversity between the Republicans and the Democrats are just a facade and a charade? What if both major political parties agree on the transcendental issues of our day?<p>Updated: Thu Nov 22, 2018</p> c5c95481b04477c17b1018294acec6df Will the Real Attorney General Please Stand Up? for 11/15/2018 https://www.creators.com/read/judge-napolitano/11/18/will-the-real-attorney-general-please-stand-up Thu, 15 Nov 2018 00:00:00 -0800 <p></p><p>Last week's surprise forced resignation of Jeff Sessions as attorney general of the United States set in motion a series of events that will soon resonate in all corners of the Department of Justice.</p> <p>President Donald Trump has been steamed at Sessions ever since Sessions removed himself from supervision over the DOJ's investigation into whether a conspiracy existed between Russian agents and the Trump campaign in 2016 for the Russians to provide assistance to the campaign &#8212; a felony.<p>Updated: Thu Nov 15, 2018</p> 7aabf8f78b0421eacd3594f0c15494b3 What Will the Dems Do With Their New House? for 11/08/2018 https://www.creators.com/read/judge-napolitano/11/18/what-will-the-dems-do-with-their-new-house Thu, 08 Nov 2018 00:00:00 -0800 <p></p><p>The Democratic Party has won control of the House of Representatives. Its members effectively will be able to block all legislation that the Senate passes and the president wants. They also will be able to unleash their subpoena power mercilessly on the executive branch. Will the members of the new majority view their victory primarily as an opportunity to legislate or as a chance to investigate?</p> <p>Here is the back story.<p>Updated: Thu Nov 08, 2018</p> 51218af3e3f095993772cd5b05cf5844 Presidential Vision and Self-Restraint for 11/01/2018 https://www.creators.com/read/judge-napolitano/10/18/presidential-vision-and-self-restraint Thu, 01 Nov 2018 00:00:00 -0700 <p></p><p>I was sitting at Mass last Sunday in a cavernous Catholic church on Manhattan's Upper West Side near Lincoln Center, praying and thinking about the horrible events in America last week.</p> <p>A white supremacist who lived in a truck covered with images of Donald Trump and his political adversaries terrorized the neighborhood in which I live and much of the country by sending pipe bombs to former presidents and other prominent Democrats and to CNN through the Postal Service. A virulent hater of foreign-born people and Jewish people killed 11 innocent Jewish worshippers using a lawfully owned semiautomatic rifle in a Pittsburgh synagogue.<p>Updated: Thu Nov 01, 2018</p> 5fe62c1781fa9e52d1c785bd57ca0211 The Camp of the Saints for 10/25/2018 https://www.creators.com/read/judge-napolitano/10/18/the-camp-of-the-saints Thu, 25 Oct 2018 00:00:00 -0700 <p></p><p>In Jean Raspail's 1973 dystopian novel, "The Camp of the Saints," about 1 million poor folks from India make their way on hundreds of ships around the southern tip of Africa and up to the French Riviera. The international media use helicopters to follow the flotilla, and the news of the flotilla's movements dominates the headlines for weeks.</p> <p>As the flotilla gets closer to France, panic sets in, and fear becomes a political weapon. The government doesn't know what to do. The president of France finally orders the French military to secure the borders and use deadly force to prevent the flotilla from landing.<p>Updated: Thu Oct 25, 2018</p> 7b943aa9fe04d101ac25ba0cebe1c341 A Victory for Free Speech for 10/18/2018 https://www.creators.com/read/judge-napolitano/10/18/a-victory-for-free-speech Thu, 18 Oct 2018 00:00:00 -0700 <p></p><p>The litigation brought by Stormy Daniels against Donald Trump has had its day of reckoning. The adult-film star who sued the president for defamation not only lost a portion of her lawsuit but was ordered to pay the president's legal bills. All this was a resounding victory for the freedom of speech.</p> <p>After the right to life, protected by the Fifth and 14th amendments, and the right to be left alone, protected by the Fourth, the freedom of speech, protected by the First, is our most cherished. James Madison, who drafted the Bill of Rights, was careful to refer to speech as "the" freedom of speech so as to underscore the Framers' unambiguous belief that free speech is pre-political. Stated differently, it existed before the government did and thus did not come from the government. As it does not originate in the government, Madison and company believed it originates in our humanity.<p>Updated: Thu Oct 18, 2018</p> 877e9221b93cc85d464211b7d42b9d69 What if the President and the Senate Just Pulled a Fast One? for 10/11/2018 https://www.creators.com/read/judge-napolitano/10/18/what-if-the-president-and-the-senate-just-pulled-a-fast-one Thu, 11 Oct 2018 00:00:00 -0700 <p></p><p>What if the whole purpose of an independent judiciary is to be anti-democratic? What if its job is to disregard politics? What if its duty is to preserve the liberties of the minority &#8212; even a minority of one &#8212; from the tyranny of the majority? What if that tyranny can come from unjust laws or a just law's unjust enforcement?</p> <p>What if we have a right to insist that judges be neutral and open-minded rather than partisan and predisposed to a particular ideology? What if presidential candidates promise to nominate judges and justices who they believe will embrace certain ideologies?<p>Updated: Thu Oct 11, 2018</p>