Andrew Napolitano

Judge Andrew Napolitano: Farewell to someone I loved with all my heart – who gave me his values and much more

FILE  (iStock) 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. His was an American life. 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. In a large public high school, he did not excel in academics, but he was a superb athlete; and he had a...

Judge Andrew Napolitano: Why I am so deeply disappointed by Trump’s Supreme Court pick

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.” 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. Beneath the swamp, Trump argued, lies the deep state. This is a loose collection of career government officials who operate outside ordinary legal and constitutional frameworks and use the levers of government power to favor their own, affect public policy and stay in power. Though I did not vote for Trump — I voted for the Libertarian c...

Judge Andrew Napolitano: Why Trump remains smack in the middle of Mueller’s legal crosshairs

Late Monday afternoon, we were treated to a series of bizarre interviews on nearly every major cable television channel except Fox when a colorful character named Sam Nunberg, a former personal and political aide to Donald Trump, took to the airwaves to denounce a grand jury subpoena he received compelling the production of documents and live testimony. The grand jury is one of two summoned by special counsel Robert Mueller in his investigation of whether President Trump or his colleagues engaged in any criminal activity prior to or during the presidential campaign, or during his presidency. At several points in the rambling and seemingly alcohol-infused rant, Nunberg insisted he would not comply with the subpoena, and he challenged Mueller to force him to do so, proclaiming at least three...

Judge Andrew Napolitano: If the GOP memo is as advertised we’ll see the deep state at its most frightening

I have argued for a few weeks now that House Intelligence Committee members have committed misconduct in office by concealing evidence of spying abuses by the National Security Agency and the FBI. They did this by sitting on a four-page memo that summarizes the abuse of raw intelligence data while Congress was debating a massive expansion of FISA. FISA is the Foreign Intelligence Surveillance Act of 1978, which was written to enable the federal government to spy on foreign agents here and abroad. Using absurd and paranoid logic, the secret Foreign Intelligence Surveillance Court, which only hears the government’s lawyers, has morphed “foreign intelligence surveillance” into undifferentiated bulk surveillance of all Americans. Undifferentiated bulk surveillance is the government...

Judge Andrew Napolitano: Did Trump change his mind on domestic spying?

Late last week, Rep. Devin Nunes, R-Calif., chairman of the House Permanent Select Committee on Intelligence, repeated his public observations that members of the intelligence community — particularly the CIA, the NSA and the intelligence division of the FBI — are not trustworthy with the nation’s intelligence secrets. Because he has a security clearance at the “top secret” level and knows how others who have access to secrets have used and abused them, his allegations are extraordinary. He pointed to the high-ranking members of the Obama administration who engaged in unmasking the names of some people whose communications had been captured by the country’s domestic spies and the revelation of those names for political purposes. The most notable victim of this lawle...

Judge Andrew Napolitano: The general and the president

This is a tale of FBI power misused and presidential trust misplaced. 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. What could have caused Robert Mueller, the no-nonsense special counsel investigating whether any Americans aided the Russian government in its now well-known interference in t...

Judge Napolitano: Should the government guarantee higher taxes for your children in return for lower taxes for you?

The United States Capitol Building  (iStock) Should the government borrow against the future? Should it guarantee higher taxes for your children and grandchildren in return for lower taxes for you? 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 — because they are not yet born — to pay higher taxes? These questions are at the base of the debate — such as it is — in Congress these days over the so-called Republican tax reform plan. But you will not hear these questions even asked, much less answered, on Capitol Hill because the Republican leadership of the House and Senate is afraid t...

Judge Andrew Napolitano: The incredible new chapter in the Hillary Clinton chronicles

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.) Only the government can relate nonsense with a straight face. Here is the back story. When President Donald Trump fired FBI Director Jim Comey last spring, the attorney general’s stated purpose for recommending the firing was Comey’s dropping the ball in the investigation of Clinton’s...

Judge Andrew Napolitano: Mueller’s ultimate target is Trump. Here’s what could happen next

Napolitano: Russia investigation and secret wires Judge Napolitano’s Chambers: Judge Andrew Napolitano explains why special counsel Robert Mueller indicted two former Trump associates in the Russian investigation even though Trump wasn’t directly connected to their charges. 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. 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. The financial crimes are alleged to have occurred from 2008 to 2014, and the obstruction...