Andrew P. Napolitano
Articles by Andrew P. Napolitano
Abortion and the right to stay alive
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. Published February 6, 2019
The FBI puts on its jackboots to humiliate one of Mueller’s suspects
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. Published January 30, 2019
Rudolph Giuliani muddies the water about conversations and tapes
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 Mr. Trump counseled him to lie to Congress about the status of Mr. Trump's attempts to build Trump Tower Moscow. Published January 23, 2019
The FBI can investigate the president, but spying by government officials violates Fourth Amendment
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. Published January 16, 2019
‘Can the president alone build a border wall?’
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 Mr. Trump advertised would be a 30-foot-tall, thousand-mile-long Mexico-financed physical wall along our border with Mexico. Published January 9, 2019
Robert Mueller, the economy and 2020 election have everyone guessing
Happy new year. Published January 2, 2019
America at Christmas
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 Christ in every heart that will have Him, whether a believer or not? Published December 26, 2018
How Trump’s legal woes continue to grow
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. Published December 19, 2018
Trump may want the public to think that he is unfazed, but his presidency is in grave danger
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. Published December 12, 2018
The Mueller investigation rolls on
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 Mr. Bush and enabled Mr. 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. Published December 5, 2018
When Trump was tempted to change federal law, Chief Justice Roberts stepped in
When Donald Trump became president, he swore an oath to uphold the U.S. 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. Published November 28, 2018
What if on Thanksgiving our gratitude is not to the government but to God?
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? Published November 21, 2018
There’s clear statutory language that makes Whitaker ineligible to be acting attorney general
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. Published November 14, 2018
What will the Democrats do with their new house?
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? Published November 7, 2018
Donald Trump’s words have given comfort to the worst among us
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. Published October 31, 2018
Blanket rejection by force of everyone in the caravan violates the spirit of the Constitution
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. Published October 24, 2018
There’s no legal basis to punish the rough-and-tumble speech that Trump employs
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. Published October 17, 2018
Trouble may lie ahead if Kavanaugh’s views on the Fourth Amendment weren’t discussed
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? Published October 10, 2018
Supreme Court should not be political because its role is to safeguard personal liberty
Harsh winds are blowing on Capitol Hill. The hoped-for and feared clash between Judge Brett M. Kavanaugh and his principal accuser, Christine Blasey Ford, has come and gone, with all of its calculated and spontaneous outbursts, as well as gut-wrenching emotion. Published October 3, 2018
Is this any way to confirm a Supreme Court justice?
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 Judge Kavanaugh throughout his career in government, and it found no blemishes. Published September 26, 2018
