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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... Read More
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... Read More
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 -- an illegal agreement -- between the campaign and any Russians to receive anything of value. When former FBI... Read More
When America was in its infancy and struggling to find a culture and frustrated at governance from Great Britain, the word most frequently uttered in pamphlets and editorials and sermons was not "safety" or "taxes" or "peace"; it was "freedom." And two intolerable acts of Parliament assaulting freedom broke the bonds with the mother country... Read More
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. As I write, Barr and his team are scrutinizing the Mueller report for legally required redactions.... Read More
"If the provisions of the Constitution be not upheld when they pinch, as well as when they comfort, they may as well be abandoned." -- Justice George Sutherland (1862-1942) Here we go again. The legal battle over the constitutionality of the Affordable Care Act -- Obamacare -- will soon be back in court due to... Read More
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... Read More
"When the president does it, that means that it is not illegal." -- Richard M. Nixon (1913-94) 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... Read More
"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... Read More
In an ideal world, the president of the United States would succeed in negotiating a nuclear arms treaty with a foreign government -- 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... Read More
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. Notwithstanding the terrifying... Read More
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. Here is the back story. In 2015, Trump began offering that as... Read More
While the public discourse has been consumed over the realization that abortion physicians actually let viable babies who survive late-term abortions die -- 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... Read More
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. Sadly,... Read More
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... Read More
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... Read More
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. The Times reported that these officials believed that Trump may have intentionally or unwittingly played into... Read More
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 -- a line that would resonate with his supporters -- he came up with the phrase "build the wall." The reference, of course, is to what Trump advertised would be... Read More
1) On Jan. 1, 2020, Donald Trump will be a. fighting an indictment for fraud. b. fighting impeachment proceedings. c. running for re-election. d. no longer president. 2) In 2019, the House Democrats will a. drive Trump crazy with subpoenas and investigations. b. finally get their hands on Trump's tax returns. c. try to make... Read More
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? What if Christmas is the rebirth of Christ in the hearts of all believers? What if Christmas is the potential rebirth of... Read More
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. Special counsel Robert Mueller is investigating whether Trump and his campaign reached an... Read More
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... Read More
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... Read More
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... Read More
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? What... Read More
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. President Donald Trump has been steamed at Sessions ever since Sessions removed himself from supervision over the DOJ's investigation into whether... Read More
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... Read More
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. A white supremacist who lived in a truck covered with images of Donald Trump and his political adversaries terrorized the neighborhood in which I... Read More
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... Read More
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. After the right... Read More
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 -- even a minority of one -- from the tyranny of the majority? What if that tyranny can come from unjust laws... Read More
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. Dr. Ford subjected herself to the public humiliation of revealing an intimate and... Read More
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... Read More
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... Read More
Last week, The New York Times published a scathing critique of Donald Trump -- 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... Read More
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 -- abortion, immigration and torture. On those issues, he... Read More
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. When I answered the phone, a somewhat familiar but somber voice... Read More
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... Read More
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... Read More
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... Read More
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. After... Read More
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... Read More
The Declaration of Independence -- which was signed on July 3, 1776, for public release on July 4 -- was Thomas Jefferson's masterpiece. Jefferson himself wrote much about the declaration in the 50 years that followed. Not the least of what he wrote offered his view that the declaration and the values that it articulated... Read More
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... Read More
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... Read More
Amid all the happy hoopla over President Donald Trump's trip to Singapore, where he began the process for what he hopes will be the normalization of relations between the United States and North Korea and the denuclearization of the Korean Peninsula, has come an effort by the House Intelligence Committee to interfere with the criminal... Read More
This past weekend, President Donald Trump and the most visible member of his legal team, former New York Mayor Rudolph Giuliani, fired up their campaign against special counsel Robert Mueller. They attacked people at the Department of Justice whom Trump appointed. They smeared career DOJ lawyers and FBI agents by offering allegations without showing any... Read More
This past weekend, President Donald Trump suggested that his presidential campaign may have been the victim of spies or moles who were FBI informants or undercover agents. He demanded an investigation to get to the bottom of the matter. At the same time that the president was fuming over this, Republican congressional leaders were fuming... Read More
In 1992, Congress passed a statute authored by then-Sen. Bill Bradley of New Jersey, who was a former Princeton University and New York Knicks basketball superstar, prohibiting the states from authorizing sports betting. At that time, gambling in Atlantic City was flourishing, and notwithstanding one of its own senators' efforts to keep gambling away from... Read More
Late last week, a federal judge in Alexandria, Virginia, questioned the authority of special counsel Robert Mueller to seek an indictment and pursue the prosecution of former Trump campaign manager Paul Manafort for alleged financial crimes that, according to the indictment, began and ended well before Donald Trump ran for president. Mueller was appointed special... Read More
Judge Andrew P. Napolitano is a graduate of Princeton University and the University of Notre Dame Law School. He is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, when he presided over more than 150 jury trials and thousands of motions, sentencings, and hearings. Judge Napolitano taught constitutional law and jurisprudence at Delaware Law School for two years and at Seton Hall Law School for 11 years. He was often chosen by the students as their most outstanding professor. He returned to private practice in 1995, and began television work in the same year.
As Fox News’ Senior Judicial Analyst since 1998, Judge Napolitano broadcasts nationwide on the Fox News Channel throughout the day, Monday through Friday. He is nationally known for watching and reporting on the government as it takes liberty and property.
Judge Napolitano lectures nationally on the U.S. Constitution, the rule of law, civil liberties in wartime, and human freedom. He has been published in the New York Times, the Wall Street Journal, the Los Angeles Times, and numerous other publications. His weekly newspaper column is seen by millions every week.
The Judge is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. His most recent book is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.
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