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Andrew P. Napolitano

Andrew P. Napolitano

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is an analyst for the Fox News Channel. He has written seven books on the U.S. Constitution.

Articles by Andrew P. Napolitano

Blind Justice Illustration by Greg Groesch/The Washington Times

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

Illustration on the co-option of the FBI and Justice Department over the Hillary email investigation by Alexander Hunter/The Washington Times

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

Illustration on the FBI's instructions to exonerate Hillary by Greg Groesch/The Washington Times

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 Short Circuit Illustration by Greg Groesch/The Washington Times

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

Illustration on Mrs. Clinton, terrorist groups and U.S. intelligence operations in the Middle-East by Greg Groesch

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

Delegates cheer during the third day session of the Republican National Convention in Cleveland, Wednesday, July 20, 2016. (AP Photo/Mary Altaffer)

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

Hillary Dodging Prison Illustration by Greg Groesch/The Washington Times

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

Democratic presidential candidate Hillary Clinton Speaks at the Old State House in Springfield, Ill., Wednesday, July 13, 2016. (AP Photo/Andrew Harnik)

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

Illustration on the effects of Hillary Clinton's undeclared war on Libya by Alexander Hunter/The Washington Times

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

A "Gift" from the Government Illustration by Greg Groesch/The Washington Times

‘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

Sitting Ducks Illustration by Greg Groesch/The Washington Times

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

Miss Liberty Gets the Boot Illustration by Greg Groesch/The Washington Times

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: 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

Fruit of the Poisonous Tree Illustration by Greg Groesch/The Washington Times

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

Illustration on the president's power overreach by Alexander Hunter/The Washington Times

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