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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

Illustration on investigating government leaks by Donna Grethen/Tribune Content Agency

Donald Trump's seven days in May

In a period of seven days this month, President Trump fired James Comey as director of the FBI and was accused of sharing top-secret intelligence data with the Russian foreign minister and the Russian ambassador to the United States, the latter a known Russian spy. Published May 17, 2017

Return to Sender Illustration by Greg Groesch/The Washington Times

Repeal and replace becomes preserve

Last week, the U.S. House of Representatives crafted a partisan compromise bill that endorsed and reinforced the Affordable Care Act, or Obamacare. This was done notwithstanding claims to the contrary by President Trump and the House Republican leadership, who want us to believe that this bill, if it becomes law, will effectively repeal and replace Obamacare. Published May 10, 2017

Illustration on the cautioning of the NSA by Alexander Hunter/The Washington Times

More spying and more lying

Late last week, President Trump told CBS News that domestic surveillance of American citizens should be the "No. 1" topic of inquiry until we can find out "what the hell is going on" with it. Also late last week, the National Security Agency (NSA) -- the federal government's 60,000-person-strong domestic spying agency -- announced that it would voluntarily hold back on its more aggressive uses of Section 702 of the Foreign Intelligence Surveillance Act. Published May 3, 2017

Former Secretary of State Hillary Clinton gives an acceptance speech after accepting the Trailblazer Award during the LGBT Community Center Dinner at Cipriani Wall Street on Thursday, April 20, 2017, in New York. (AP Photo/Kevin Hagen) ** FILE **

The FBI and Hillary, again

Last weekend, The New York Times published a long piece about the effect the FBI had on the outcome of the 2016 presidential campaign. As we all know, Donald Trump won a comfortable victory in the Electoral College while falling about 3 million votes behind Hillary Clinton in the popular vote. Published April 26, 2017

Illustration on a secret Congress within the Congress by Alexander Hunter/The Washington Times

Self-government could be an illusion

What if our belief in self-government is a belief in a myth? What if the election of one political party over the other to control Congress changes only appearances? Published April 19, 2017

This frame grab from video provided by the government-controlled Syrian Central Military Media, shows Syrian rebels sitting inside a room before release as part of a deal to evacuate over 10,000 residents from Madaya and Zabadani, two opposition-held areas near Damascus, and the two rebel-besieged villages of Foua and Kfarya, in Idlib province, northern Syria, Wednesday, April 12, 2017. Syria's government and rebels exchanged some 30 prisoners and nine bodies, part of a larger agreement to evacuate four besieged areas in different parts of the country, activists and officials said Wednesday. The Arabic words above read:"Handing over the fighter prisoners as part of the exchange deal." (Syrian Central Military Media, via AP)

The missiles of Holy Week and the rule of law

The history of the world is the history of violence. I had planned to write this column about the most critical act of violence in human history and its superhuman aftermath -- the crucifixion and resurrection of Jesus Christ. Published April 12, 2017

Hole in the Wall Illustration by Greg Groesch/The Washington Times

A hole in the Constitution

The issue of federal government surveillance of Americans has largely occupied Washington politicians and the media since President Trump first accused his predecessor's administration of spying on him while he and his colleagues worked at Trump Tower in New York City during the presidential election campaign and during the presidential transition. Published April 5, 2017

Alabama Gov. Robert Bentley talks with new mothers while launching a statewide Baby Box Program to help improve family healthcare outcomes and reduce Sudden Unexpected Infant Death Syndrome (SUIDS) Wednesday, March 29, 2017, at the Capitol in Montgomery, Ala. (Julie Bennett /AL.com via AP)

Health care as a right, or a good

The political fiasco that unfolded last week as President Trump and the Republican House leadership failed to pass legislation repealing the Affordable Care Act, commonly called Obamacare, is attributable as much to the failure of politics as it is to the failure of politicians to understand the constitutional role of the federal government. Published March 29, 2017

Illustration on the confirmation of Neil Gorsuch by M. Ryder/Tribune Content Agency

When politicians judge jurists

I have spent this past week watching the Senate Judiciary Committee interrogating U.S. Circuit Judge Neil Gorsuch. Judge Gorsuch is President Trump's nominee to fill the vacancy on the U.S. Supreme Court. Published March 22, 2017

No Need for FISA Court Illustration by Greg Groesch/The Washington Times

Congress created a monster

Those of us who believe that the Constitution means what it says have been arguing since the late 1970s that congressional efforts to strengthen national security by weakening personal liberty are unconstitutional, un-American and ineffective. The Foreign Intelligence Surveillance Act (FISA), which Congress passed in the aftermath of President Richard Nixon's use of the CIA and the FBI to spy on his political opponents, has unleashed demons that now seem beyond the government's control and are more pervasive than anything Nixon could have dreamed of. Published March 8, 2017

Talk radio hosts are taking note of President Trump's masterful command of his audiences, and advise making use of his style. (Associated Press)

Concealing and revealing

Last week, President Trump erupted with fury over a series of public revelations of private facts -- some top-secret and some office gossip -- that painted him and his White House in a bad light. The president ordered the FBI to investigate some of these so-called leaks and his own White House counsel to investigate others. Published March 1, 2017

Illustration on domestic spying by Mark Weber/Tribune Content Agency

The spooks have come home to roost

Last week, The Wall Street Journal revealed that members of the intelligence community -- part of the deep state, the unseen government within the government that does not change with elections -- now have acquired so much data on everyone in America that they can selectively reveal it to reward their friends and harm their foes. Their principal foe today is the president of the United States. Published February 22, 2017

President Donald Trump calls out to the media after escorting Israeli Prime Minister Benjamin Netanyahu to his car to depart the White House in Washington, Wednesday, Feb. 15, 2017. (AP Photo/Carolyn Kaster)

Intellectual honesty and political indifference

Over the past weekend, Trump administration officials offered harsh criticisms of the judicial interference with the enforcement of the president's immigration order. The Jan. 27 order suspended the immigration privileges of all refugees from Syria indefinitely and all immigrants from seven designated countries for 90 days. Published February 15, 2017

Americans are optimistic since President Trump took over at the White House, with businesses overwhelmingly expecting improvements. (Associated Press)

The president and the courts

Last week, in a public courtroom in the federal courthouse in Seattle, the states of Washington and Minnesota -- after suing President Trump, alleging injury caused by his executive order that suspended the immigration of all people from seven foreign countries -- asked a federal judge to compel the president and all those who work for him to cease enforcing the order immediately. Published February 8, 2017

Illustration on immigration questions by Linas Garsys/The Washington Times

The immigration conundrum

This past weekend, we all saw massive public outrage in major cities throughout the country. It was directed at the Jan. 27 issuance of an executive order, signed by President Trump, addressing immigration. With the executive order, the president ordered the suspension of entry of all refugees to the United States for 120 days, as well as anyone from Syria for an indefinite period and anyone from Iran, Iraq, Libya, Somalia, Sudan and Yemen for 90 days. Published February 1, 2017

Illustration on Trump's beginnings on Obamacare repeal by Alexander Hunter/The Washington Times

Donald Trump, revolutionary

Within four hours of becoming president of the United States, Donald Trump signed an executive order intended to limit immediately the effects of the Patient Protection and Affordable Care Act (Obamacare) in ways that are revolutionary. Published January 25, 2017

In this Jan. 12, 2017 photo, Attorney General Loretta Lynch poses for a portrait during an interview with The Associated Press at the University of Baltimore School of Law in Baltimore. (AP Photo/Patrick Semansky)

A parting shot at personal freedom

On Jan. 3, outgoing Attorney General Loretta E. Lynch secretly signed an order directing the National Security Agency (NSA) -- America's 60,000-person-strong domestic spying apparatus -- to make available raw spying data to all other federal intelligence agencies, which then can pass it on to their counterparts in foreign countries and in the 50 states upon request. Published January 18, 2017

Former Secretary of State Hillary Clinton speaks at a reception celebrating the completion of the U.S. Diplomacy Center Pavilion at the State Department in Washington, Tuesday, Jan. 10, 2017. (AP Photo/Sait Serkan Gurbuz)

Hillary's server continues to haunt her

The criminal investigation of Hillary Clinton is back front and center now that the FBI has released proof that her failure to safeguard state secrets caused the secrets to fall into the hands of foreign governments, some of which wish the United States ill. Published January 11, 2017

The scandals that Valerie Jarrett overlooked

Over the New Year's weekend, President Obama's chief policy adviser and closest strategist, Valerie Jarrett, told a talk show host that her boss would have a happy legacy because there was an absence of scandal in his administration. When first I heard this preposterous claim, I thought I had misheard it. Published January 4, 2017