A graduate of Princeton University and the University of Notre Dame Law School, Judge Andrew P. Napolitano 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, during which time he presided over 150 jury trials and thousands of motions, sentencings and hearings. He taught constitutional law at Seton Hall Law School for 11 years, and he returned to private practice in 1995. Judge Napolitano began television work in the same year.
As Fox News’ Senior Judicial Analyst, Judge Napolitano broadcasts nationwide on the Fox News Channel and the Fox Business Network throughout the day, Monday through Friday. He hosts “FreedomWatch” on Fox Business Network seven days a week.
Judge Napolitano also 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.
The Judge is the author of five books on the U.S. Constitution, including his most recent bestseller, "Lies the Government Told You: Myth, Power, and Deception In American History."
Earlier this week, FBI Director James Comey gave an interview to "60 Minutes" during which he revealed a flawed understanding of personal freedom. He rightly distinguished what FBI agents do in their investigations of federal crimes from what the NSA does in its intelligence gathering, when the two federal agencies are looking for non-public data.
While the political commentators in the nation's capital are wrapped up in the debate over what to do about ISIS, and as one third of the Senate and nearly all members of the House campaign for re-election, the president's spies continue to capture massive amounts of personal information about hundreds of millions of us and lie about it.
What if the American invasion of Iraq had nothing to do with weapons of mass destruction? What if whatever weapons of mass destruction Saddam Hussein once had were sold to him in the 1980s by American arms dealers with the express permission of the U.S. government? What if he no longer had them when the U.S. invaded? What if the principal reason for invading Iraq was to depose Hussein because he tried to kill President George H.W. Bush, whose son ordered the invasion?
At the root of the chaos in the Middle East and here at home are governments that respect no limits on their exercise of power. Public officials -- who are supposed to be our public servants -- routinely behave as if they are our masters. They reject the confines of the Constitution, they don't believe that our rights are inalienable, and they fail to see the dangerous path down which they are leading us.
In some respects, the recent admission by CIA Director John Brennan that his agents and his lawyers have been spying on the senators whose job it is to monitor the agency should come as no surprise. The agency's job is to steal and keep secrets, and implicit in those tasks, Brennan would no doubt argue, is lying.
It has been well established under the Constitution and throughout our history that the president's job as the chief federal law enforcement officer permits him to put his ideological stamp on the nature of the work done by the executive branch. The courts have characterized this stamp as "discretion."
What if you were allowed to vote only because it didn't make a difference? What if no matter how you voted the elites always got their way? What if the concept of one person/one vote was just a fiction created by the government to induce your compliance?
And just last week, Attorney General Eric Holder, while in London, opined that much of the criticism of Obama is based on race -- meaning that if Obama were fully white, his critics would be silent. This is highly inflammatory, grossly misleading, patently without evidential support and, yet again, chilling.
In what appears to be one of Edward Snowden's final revelations, the former CIA and NSA agent has demonstrated conclusively that the National Security Agency has collected and analyzed the contents of emails, text messages, and mobile and landline telephone calls from nine non-targeted U.S. residents for every one U.S. resident it has targeted.
After a brief holiday last week, I returned to some heavy reading courtesy of the federal government. Some of the materials that I read were gratifying, and one was terrifying.
The president is an ardent progressive. This dastardly philosophy of government was brought into the American mainstream 100 years ago by a Republican, Theodore Roosevelt, and a Democrat, Woodrow Wilson.
With heart-pounding suspense, John le Carre-like intrigue and Jeffersonian fidelity to the principles of human freedom, Glenn Greenwald has just published "No Place to Hide." The book, which reads like a thriller, is Greenwald's story of his nonstop two weeks of work in May and June of 2013 in Hong Kong with former CIA agent and NSA contractor-turned-whistleblower Edward Snowden. Greenwald was the point person who coordinated the public release of the 1.7 million pages of NSA documents that Snowden took with him in order to prove definitively that the federal government is spying on all of us all the time.
What if the federal government is shameless? What if it personifies the adage of do as I say and not as I do? What if it does the very things it prosecutes others for doing? What if it has written laws and enacted procedures so that it can spy and kill, while it charges others with doing just that?
I am not a fan of former U.S. Treasury Secretary Timothy F. Geithner. He presided over the politically conceived, patently unconstitutional and anti-free market taxpayer bailouts of banks, automakers and insurance companies in the latter part of the administration of former President George W. Bush, when he was the head of the Federal Reserve Bank of New York, and during the first term of President Obama, when he was the secretary of the Treasury.
When the White House, in response to a Freedom of Information Act (FOIA) request filed by the fearless private watchdog group Judicial Watch, turned over an email about constructing the appropriate narrative response to the tragedy at Benghazi written by Ben Rhodes, a deputy national security adviser to President Obama, and investigators from the House of Representatives realized that they had subpoenaed that email and not received it...
When President Obama decided sometime during his first term that he wanted to be able to use unmanned aerial drones in foreign lands to kill people -- including Americans -- he instructed Attorney General Eric Holder to find a way to make it legal -- despite the absolute prohibition on governmental extra-judicial killing in federal and state laws and in the Constitution itself.
Last week, National Intelligence Director Gen. James R. Clapper sent a brief letter to Sen. Ron Wyden, D-Ore., a member of the Senate Intelligence Committee, in which he admitted that agents of the National Security Agency (NSA) have been reading innocent Americans' emails and text messages and listening to digital recordings of their telephone conversations that have been stored in NSA computers, without warrants obtained pursuant to the Constitution.
What if the National Security Agency (NSA) knows it is violating the Constitution by spying on all Americans without showing a judge probable cause of wrongdoing or identifying the persons it wishes to spy upon, as the Constitution requires?
Except for the definition and mechanism of proving treason, no area of the Constitution addressing the rights of all persons when the government is pursuing them is more specific than the Fourth Amendment.
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