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, 27 May 2019 05:30:56 -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 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> 17998bc86567f5b606e15df37749eb53 'Gun Violence Is the Real Emergency' for 02/28/2019 https://www.creators.com/read/judge-napolitano/02/19/gun-violence-is-the-real-emergency Thu, 28 Feb 2019 00:00:00 -0800 <p></p><p>Earlier this week, House Speaker Nancy Pelosi told a group of supporters and journalists that in her view, gun violence is the real emergency. Such a statement, in the context in which she made it, should send shivers down the spines of all who believe in personal liberty protected by the Constitution.</p> <p>Notwithstanding the terrifying analogy she made about gun violence &#8212; terrifying to those who believe in the individual right to keep and bear arms as articulated by the Second Amendment and interpreted and upheld by the Supreme Court &#8212; Pelosi wasn't really speaking about guns. She was speaking about the presidency and the Constitution.<p>Updated: Thu Feb 28, 2019</p> 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>