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 Sat, 17 Nov 2018 12:42:15 -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 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> bec1017469a8c611245e03d386dd8146 Treating the Court as a Political Branch for 10/04/2018 https://www.creators.com/read/judge-napolitano/10/18/treating-the-court-as-a-political-branch Thu, 04 Oct 2018 00:00:00 -0700 <p></p><p>Harsh winds are blowing on Capitol Hill. The hoped-for and feared clash between Judge Brett M. Kavanaugh and his principal accuser, Dr. Christine Blasey Ford, has come and gone, with all of its calculated and spontaneous outbursts, as well as gut-wrenching emotion.</p> <p>Dr. Ford subjected herself to the public humiliation of revealing an intimate and horrific event, and she did so with grace and credibility. Judge Kavanaugh subjected himself to absurd questions about his youth, and he offered compelling denials with ferocity and indignation.<p>Updated: Thu Oct 04, 2018</p> faa52c4a3acb049402ac5e4c6183f802 Is This Any Way to Confirm a Supreme Court Justice? for 09/27/2018 https://www.creators.com/read/judge-napolitano/09/18/is-this-any-way-to-confirm-a-supreme-court-justice Thu, 27 Sep 2018 00:00:00 -0700 <p></p><p>Until two weeks ago, President Donald Trump's nomination of Judge Brett Kavanaugh to a seat on the U.S. Supreme Court seemed a sure thing. He ably handled more than 1,200 questions put to him by members of the Senate Judiciary Committee. He demonstrated even to his adversaries a masterful command of constitutional jurisprudence. The FBI had completed six background investigations of Kavanaugh throughout his career in government, and it found no blemishes.</p> <p>Trump promised that he would appoint federal judges and justices who generally share his views on life, guns and administrative regulations and who have a minimalistic view of federal power. When he announced the Kavanaugh nomination, it appeared he had found his man.<p>Updated: Thu Sep 27, 2018</p> fad0aa2e52d1fcb968543915b2d849e8 Trump's Beast in the Night for 09/20/2018 https://www.creators.com/read/judge-napolitano/09/18/trumps-beast-in-the-night Thu, 20 Sep 2018 00:00:00 -0700 <p></p><p>If you have been following the serious destruction brought about by Hurricane Florence in North Carolina and the political turmoil caused by the allegations of teenage sexual misconduct made by Dr. Christine Blasey Ford against Judge Brett Kavanaugh, along with his firm and unbending denials, you might have missed a profound event in a federal courtroom in the nation's capital late last week.</p> <p>The Florence damage may take years to repair, and the Kavanaugh nomination to the U.S. Supreme Court, which once seemed assured, at this writing is in a sort of limbo, pending an Anita Hill/Clarence Thomas-like confrontation before the Senate Judiciary Committee next week. But when Paul Manafort, President Donald Trump's one-time campaign chair, entered a guilty plea in federal court last week, it created the potential for a political earthquake.<p>Updated: Thu Sep 20, 2018</p> d12d0de4b9395e183a19ce42f1b72965 Donald Trump and the Rule of Law for 09/13/2018 https://www.creators.com/read/judge-napolitano/09/18/donald-trump-and-the-rule-of-law Thu, 13 Sep 2018 00:00:00 -0700 <p></p><p>Last week, The New York Times published a scathing critique of Donald Trump &#8212; the man and the president. The Times said the critique was written by a senior Trump administration official who insisted on remaining unnamed. This bitter and harsh editorial, which portrays the president as dangerous to the health of the republic and his White House as slouching toward dysfunctionality, has understandably infuriated him.</p> <p>Trump first accused the Times and its unnamed writer of treason, and then he publicly asked for a Department of Justice investigation to find the writer. Then, to change the subject, he threatened to declassify documents submitted to the Foreign Intelligence Surveillance Court in 2016 &#8212; before he was president &#8212; that he believes were used to commence the Robert Mueller-led investigation of his presidential campaign.<p>Updated: Thu Sep 13, 2018</p> e6ce473d8cc4afd19fe3b51e6ead56ee Metaphor in a Government-Founded Church for 09/06/2018 https://www.creators.com/read/judge-napolitano/09/18/metaphor-in-a-government-founded-church Thu, 06 Sep 2018 00:00:00 -0700 <p></p><p>Last week, I was intrigued by all the fanfare attendant upon the national farewell to the late Sen. John McCain. I have written in this space that McCain and I were friends who spoke many times, but generally only about the issues upon which we agreed &#8212; abortion, immigration and torture.</p> <p>On those issues, he often stood at odds with most of his Republican colleagues in the Senate. They are opposed to abortion in name only (they will not lift a finger to stop or slow it), prefer judging the moral worth of individuals on the basis of where they were born, and think that torture is wrong unless the victim is a bad guy or a foreigner or has information the government wants.<p>Updated: Thu Sep 06, 2018</p> 7eff6cd2ac4fe21916d9112687e554b1 John McCain and Me for 08/30/2018 https://www.creators.com/read/judge-napolitano/08/18/john-mccain-and-me Thu, 30 Aug 2018 00:00:00 -0700 <p></p><p>About four years ago, I was browsing through one of Manhattan's last remaining independent bookstores, when my cellphone rang. I didn't recognize the incoming telephone number, with its 202 area code, but I assumed it was a Fox News colleague from our Washington bureau.</p> <p>When I answered the phone, a somewhat familiar but somber voice said: "Judge Napolitano, your reward for what you did today will not come from your colleagues or viewers or even on earth but in heaven."<p>Updated: Thu Aug 30, 2018</p> 1a760430fb8099fc5bc558383521ca22 Should Trump Voluntarily Talk to Mueller? for 08/09/2018 https://www.creators.com/read/judge-napolitano/08/18/should-trump-voluntarily-talk-to-mueller Thu, 09 Aug 2018 00:00:00 -0700 <p></p><p>When federal prosecutors are nearing the end of criminal investigations, they often invite the subjects of those investigations to speak with them. The soon-to-be defendants are tempted to give their version of events to prosecutors, and prosecutors are looking to take the legal pulse of the subjects of their work. These invitations should always be declined, but they are not.</p> <p>Special counsel Robert Mueller &#8212; who is investigating President Donald Trump for obstruction of justice, pre-presidential banking irregularities and conspiracy to solicit or receive campaign aid from foreign nationals (the latter is what the media erroneously call collusion) &#8212; has made it known to former New York Mayor Rudolph Giuliani, the head of Trump's legal team, that he wants to speak to the president.<p>Updated: Thu Aug 09, 2018</p> 2b5deb5307f441522e1565ef1e07ff5f Trump Sabotaged by His Own Lawyer for 08/02/2018 https://www.creators.com/read/judge-napolitano/08/18/trump-sabotaged-by-his-own-lawyer Thu, 02 Aug 2018 00:00:00 -0700 <p></p><p>In the past week, former New York Mayor Rudolph Giuliani, now the chief lawyer and principal spokesman for President Donald Trump's legal team, has offered arguments more harmful to Trump than helpful. In a series of combative, disjointed and logically challenged television rants, Giuliani has essentially argued that Trump did not engage in any conspiracy with the Russians for them to provide help to his campaign and that even if he did, it wasn't criminal.</p> <p>In making this argument, Giuliani has played a word game in which he has effectively created a straw man and then denied it's real because it's made of straw. He has done this by avoiding the use of the word "conspiracy," substituting the word "collusion" and then arguing that there is no crime of collusion and therefore Trump did not commit a crime. This is an argument based on a false premise.<p>Updated: Thu Aug 02, 2018</p> c34a4d47a3f0d1f41f2c5f6c40eca2ac An American Life for 07/26/2018 https://www.creators.com/read/judge-napolitano/07/18/an-american-life Thu, 26 Jul 2018 00:00:00 -0700 <p>Last week, in Ridgewood, New Jersey, a 92-year-old unsung American patriot lost his battle with congestive heart failure. He had been surrounded by his wife and children and their spouses and their children. He left this vale of tears in his wife's arms, peacefully and with dignity.</p> <p>His was an American life.</p> <p>He was born in Newark, New Jersey, during the Roaring '20s, the son of Italian immigrants who had come to America as children. When he was 4 years old, he met a curly-haired little girl in the neighborhood who was just three days older than he. She would become his high school sweetheart and his best friend for 88 years and his wife for the last 70 of them.<p>Updated: Thu Jul 26, 2018</p> 0e2711a7bc8d8960deffdff33d06404d In Defense of Trump With Putin for 07/19/2018 https://www.creators.com/read/judge-napolitano/07/18/in-defense-of-trump-with-putin Thu, 19 Jul 2018 00:00:00 -0700 <p></p><p>As a trial judge in New Jersey during the Ronald Reagan and George H.W. Bush years, I spent much of my time trying to settle cases. This process involved bringing into my chambers the lawyers for the disputants and asking them in the absence of their adversaries to lay their cards on the table.</p> <p>After I found out what the litigants truly wanted and I did some pushing and shoving and jawboning, more often than not, agreements were reached. The threat of an imminent jury trial &#8212; with its expenses, complexities and uncertainties &#8212; was often enough to bring the parties to a quick, sensible and relatively inexpensive resolution. Occasionally, flattery &#8212; even fatuous flattery &#8212; helped.<p>Updated: Thu Jul 19, 2018</p> 86ea12e1a3b554d89ce03d861a01796c Filling the Swamp for 07/12/2018 https://www.creators.com/read/judge-napolitano/07/18/filling-the-swamp Thu, 12 Jul 2018 00:00:00 -0700 <p></p><p>When Donald Trump started running for the Republican nomination for president in June 2015, he began by attacking the Republican establishment in Washington, and he began his attack by calling the establishment "the swamp."</p> <p>His real target was the permanent government and its enablers in the legal, financial, diplomatic and intelligence communities in Washington. These entities hover around power centers no matter which party is in power.<p>Updated: Thu Jul 12, 2018</p> da0d8a19d4c3658df0e9f1f5933a32c2 The Values Underlying Independence Day for 07/05/2018 https://www.creators.com/read/judge-napolitano/07/18/the-values-underlying-independence-day Thu, 05 Jul 2018 00:00:00 -0700 <p></p><p>The Declaration of Independence &#8212; which was signed on July 3, 1776, for public release on July 4 &#8212; was Thomas Jefferson's masterpiece. Jefferson himself wrote much about the declaration in 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.<p>Updated: Thu Jul 05, 2018</p> 0ae686e590746a5df19f32229f4271c8 Can Immigrants Be Deported Without a Trial? for 06/28/2018 https://www.creators.com/read/judge-napolitano/06/18/can-immigrants-be-deported-without-a-trial Thu, 28 Jun 2018 00:00:00 -0700 <p></p><p>Last weekend, President Donald Trump argued that those foreigners who enter the United States unlawfully should simply be taken to the border, escorted across it and let go. According to the president, this would save precious government resources, avoid the business of separating children from their parents and free up the Border Patrol and other federal assets to do their jobs.</p> <p>He is undoubtedly correct on the beneficial consequences to the government of forced deportation without due process. Yet deportation without a trial is profoundly unconstitutional.<p>Updated: Thu Jun 28, 2018</p> a0a2f38ec6ea641613e386afc6c93910 Can the FBI Be Independent? for 06/21/2018 https://www.creators.com/read/judge-napolitano/06/18/can-the-fbi-be-independent Thu, 21 Jun 2018 00:00:00 -0700 <p></p><p>When President Donald Trump appointed Atlanta lawyer Christopher Wray to succeed James Comey as the director of the FBI, my initial reaction was not positive. Wray is a veteran of the Department of Justice and is part of that good-old-boy DOJ network that knows how to protect its own. Indeed, when then-New Jersey Gov. Chris Christie, a former U.S. attorney, needed a good criminal defense lawyer &#8212; whose millions in fees were paid by New Jersey taxpayers &#8212; he hired Wray.</p> <p>Christie was never indicted in the Bridgegate scandal, but defense counsel for those who were sought Christie's cellphone to demonstrate to jurors the governor's involvement in the plot to shut down lanes near the George Washington Bridge for political retaliation. Christie claimed that he gave his phone to federal prosecutors, but they told the court that they did not have the phone. Where was it? In a safe of the Atlanta law firm that employed Wray.<p>Updated: Thu Jun 21, 2018</p>