Andrew P. Napolitano
Articles by Andrew P. Napolitano
Why due process is vital to freedom
"No person shall be deprived of life, liberty, or property, without due process of law." -- Fifth Amendment to the U.S. Constitution Published September 21, 2016
What is the FBI hiding?
Earlier this week, Republican leaders in both houses of Congress took the FBI to task for its failure to be transparent. In the House, it was apparently necessary to serve a subpoena on an FBI agent to obtain what members of Congress want to see, and in the Senate, the chairman of the Judiciary Committee accused the FBI itself of lawbreaking. Published September 14, 2016
FBI managers instructed to exonerate Hillary Clinton
On Sept. 2, the FBI released a lengthy explanation of its investigation of Hillary Clinton and a summary of the evidence amassed against her. It also released a summary of Mrs. Clinton's July FBI interrogation. Published September 7, 2016
Hillary Clinton ‘short-circuited’ on email scandal
When former Secretary of State Hillary Clinton was asked last week if she has misled the American people on the issue of her failure to safeguard state secrets contained in her emails, she told my Fox News colleague, Chris Wallace, that the FBI had exonerated her. When pressed by Mr. Wallace, she argued that FBI Director James Comey said that her answers to the American people were truthful. Published August 10, 2016
Hillary Clinton pursued by U.S. intelligence agents
On the eve of the Democratic National Convention, WikiLeaks -- the courageous international organization dedicated to governmental transparency -- exposed hundreds of internal emails circulated among senior staff of the Democratic National Committee during the past 18 months. Published August 3, 2016
An unconventional abridgment of free speech
This summer, we have all witnessed the heavy hand of government intervening in the freedom of speech, as the behavior of the Secret Service at both the Republican convention in Cleveland and the Democratic convention in Philadelphia has been troubling and unconstitutional. Published July 27, 2016
FBI exoneration of Hillary Clinton raises disturbing questions
What if the folks who run the Department of Political Justice recently were told that the republic would suffer if Hillary Clinton were indicted for espionage because Donald Trump might succeed Barack Obama in the presidency? What if espionage is the failure to safeguard state secrets and the evidence that Mrs. Clinton failed to safeguard them is unambiguous and overwhelming? Published July 20, 2016
Hillary Clinton and personal honesty
When FBI Director James Comey publicly revealed his recommendation to the Department of Justice last week that former Secretary of State Hillary Clinton not be prosecuted for espionage, he unleashed a firestorm of criticism from those who believe that Mrs. Clinton was judged by different standards from those used to judge others when deciding whether to bring a case to a grand jury. Published July 13, 2016
Clintons have different rules than the rest of us
Is it worth impairing the reputation of the FBI and the Department of Justice to save Hillary Clinton from a deserved criminal prosecution by playing word games? Published July 6, 2016
Benghazi disguises illegal war and truth
The 800-plus-page report of the House Select Committee on Benghazi was released earlier this week. It slams former Secretary of State Hillary Clinton for her willful indifference to her obligation to repel military-style attacks on American interests and personnel at the U.S. consulate and a nearby CIA annex in Benghazi. Published June 29, 2016
‘No fly, no buy’ means no freedom
The people in the government who want to control our personal choices are the enemies of freedom. And the enemies of freedom can be very clever and seductive. Published June 22, 2016
In defense of the Second Amendment
Most of the mass killings by gun in the United States in recent years -- Columbine, Virginia Tech, Aurora, Newtown, Charleston, San Bernardino and now Orlando -- took place in venues where local or state law prohibited carrying guns, even by those lawfully licensed to do so. The government cheerfully calls these venues "gun-free zones." They should be called killing zones. Published June 15, 2016
Email privacy bill amendment an assault on the right to privacy
While Hillary Clinton and Bernie Sanders battle over the consequences of their final round in the Democratic primaries and Donald Trump argues that Mrs. Clinton should be in prison for failing to safeguard state secrets while she was secretary of state, the same FBI that is diligently investigating her is quietly and perniciously seeking to cut more holes in the Fourth Amendment to the Constitution. Published June 8, 2016
ANDREW NAPOLITANO: Hillary Clinton on the ropes over email scandal
Late last week, the inspector general of the State Department completed a yearlong investigation into the use by Hillary Clinton of a private email server for all of her official government email as secretary of state. Published June 1, 2016
ANDREW NAPOLITANO: The contagion of government lying
"Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy." -- Justice Louis Brandeis Published May 25, 2016
ANDREW NAPOLITANO: Who answers for government lies?
Here is a quick pop quiz. What happens if we lie to the government? What happens if the government lies to us? Does it matter who does the lying? Published May 18, 2016
ANDREW NAPOLITANO: Hillary Clinton’s email scandal is a perfect legal storm
The bad legal news for Hillary Clinton continued to cascade upon her presidential hopes during the past week in what has amounted to a perfect storm of legal misery. Here is what happened. Published May 11, 2016
ANDREW NAPOLITANO: Bill Clinton: Hillary Clinton’s secret weapon
Last weekend, Hillary Clinton dispatched her husband, former President Bill Clinton, to offer a defense of her alleged espionage. Published May 4, 2016
ANDREW NAPOLITANO: Unconstitutional collection of information
Would all of our lives be safer if the government could break down all the doors it wishes, listen to all the conversations it could find and read whatever emails and text messages it could acquire? Perhaps. But who would want to live in such a society? Published April 27, 2016
ANDREW NAPOLITANO: Obama’s immigration law and the Supreme Court
In 2014, President Obama signed 12 executive orders directing various agencies in the departments of State, Justice and Homeland Security to refrain from deporting some 4 million adult immigrants illegally present in the United States if they are the parents of children born here or legally present here, and if they hold a job, obtain a high-school diploma or its equivalent, pay taxes and stay out of prison. Published April 20, 2016