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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

The FBI's J. Edgar Hoover Headquarters, across the street from the Justice Department in Washington, Wednesday, Nov. 2, 2016. (AP Photo/Cliff Owen)

How to keep the Federal Bureau of Investigation independent

When President Donald Trump appointed Atlanta lawyer Christopher Wray to succeed James Comey as the director of the FBI, my initial reaction was not positive. Mr. Wray is a veteran of the Department of Justice and is part of that good-old-boy DOJ network that knows how to protect its own. Indeed, when New Jersey Gov. Chris Christie, a former U.S. attorney, needed a good criminal defense lawyer — whose millions in fees were paid by New Jersey taxpayers — he hired Mr. Wray. Published June 20, 2018

Illustration n Congressional meddling with the Justice Department by Alexander Hunter/The Washington Times

More assaults on the rule of law

Amid all the happy hoopla over President Donald Trump's trip to Singapore, where he began the process for what he hopes will be the normalization of relations between the United States and North Korea and the denuclearization of the Korean Peninsula, has come an effort by the House Intelligence Committee to interfere with the criminal investigation of the president. Published June 13, 2018

Gas on the Fire Illustration by Greg Groesch/The Washington Times

Can Trump shoot James Comey?

Last weekend, the White House leaked a copy of a letter sent by President Donald Trump's legal team on Jan. 29 to special counsel Robert Mueller. The letter set forth the president's legal strategy, arguing essentially that he is immune from prosecution for any crime. Published June 6, 2018

Illustration on trump's attacks on the Mueller investigation by Linas Garsys/The Washington Times

Giuliani's unwarranted attack on the Trump investigation

This past weekend, President Trump and the most visible member of his legal team, former New York Mayor Rudolph Giuliani, fired up their campaign against special counsel Robert Mueller. They attacked people at the Department of Justice (DOJ) whom Mr. Trump appointed. They smeared career DOJ lawyers and FBI agents by offering allegations without showing any supporting evidence. And they purported to challenge the legitimacy of Mr. Mueller's office itself. Published May 30, 2018

In this May 16, 2013 file photo, FBI Director Robert Mueller testifies on Capitol Hill in Washington before the Senate Appropriations, Commerce, Justice, Science subcommittee hearing on the fiscal 2014 budget request for the FBI.  (AP Photo/J. Scott Applewhite, File)

The danger of investigating the investigators

This past weekend, President Trump suggested that his presidential campaign may have been the victim of spies or moles who were FBI informants or undercover agents. He demanded an investigation to get to the bottom of the matter. Published May 23, 2018

In this Monday, May 14, 2018 photo, people make bets in the sports book at the South Point hotel and casino in Las Vegas. Now that the U.S. Supreme Court has cleared the way for states to legalize sports betting, the race is on to see who will referee the multi-billion-dollar business expected to emerge from the decision.  (AP Photo/John Locher) **FILE**

'Bill Bradley, call your bookie'

In 1992, Congress passed a statute authored by Sen. Bill Bradley of New Jersey, who was a former Princeton University and New York Knicks basketball superstar, prohibiting the states from authorizing sports betting. At that time, gambling in Atlantic City was flourishing, and notwithstanding one of its own senators' efforts to keep gambling away from competitive sports, the state of New Jersey wanted to duplicate Las Vegas' success with sports betting. Published May 16, 2018

FILE - In this May 16, 2013 file photo, FBI Director Robert Mueller testifies on Capitol Hill in Washington before the Senate Appropriations, Commerce, Justice, Science subcommittee hearing on the fiscal 2014 budget request for the FBI. Mueller is nearing the end of his 12 years as head of the law enforcement agency that is conducting high-profile investigations of the Boston Marathon bombings, the attacks in Benghazi, Libya, that killed four Americans and leaks of classified government information. On Thursday, June 13, 2013, Mueller was to undergo questioning by the House Judiciary Committee on these and other issues in what will be his final appearance before the panel. His last day on the job is Sept. 4. (AP Photo/J. Scott Applewhite, File)

Prosecutors and the rule of law

Late last week, a federal judge in Alexandria, Va., questioned the authority of special counsel Robert Mueller to seek an indictment and pursue the prosecution of former Trump campaign manager Paul Manafort for alleged financial crimes that, according to the indictment, began and ended well before Donald Trump ran for president. Published May 9, 2018

President Donald Trump arrives to present Mandy Manning, a teacher at the Newcomer Center at Joel E. Ferris High School in Spokane, Wash., with the National Teacher of the Year award during the National Teacher of the Year reception in the East Room of the White House in Washington, Wednesday, May 2, 2018. (AP Photo/Carolyn Kaster)

Troublesome questions for President Trump

In a startling revelation earlier this week, The New York Times published what it claims are 40 questions that special counsel Robert Mueller sent to lawyers for President Donald Trump. The questions are apparently a road map of inquiry that Mr. Mueller and his prosecutors and FBI agents plan to put to the president if the president agrees to sit down for an interview with them. Published May 2, 2018

Bombing of Syria Illustration by Greg Groesch/The Washington Times

At war and with the separation of powers

A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from all others. Published April 25, 2018

President Donald Trump gestures during a news conference with Japanese Prime Minister Shinzo Abe at Trump's private Mar-a-Lago club, Wednesday, April 18, 2018, in Palm Beach, Fla. (AP Photo/Pablo Martinez Monsivais)

Trump and the attorney-client privilege

A few weeks ago, President Trump was an outwardly happy man because of the utterance of one solitary word from the lips of special counsel Robert Mueller to one of Mr. Trump's lawyers. The word that thrilled the president and his legal team was "subject." Published April 18, 2018

Swamp Cannon Illustration by Greg Groesch/The Washington Times

The real threat to Trump

In the midst of worrying about North Korea, Syria and Democrats taking control of the House of Representatives this fall, President Donald Trump is now worrying about a government assault on his own business, which targeted his own lawyer. Published April 11, 2018

The Mueller Search Illustration by Greg Groesch/The Washington Times

What is Robert Mueller looking for?

Robert Mueller is the special counsel appointed by Deputy Attorney General Rod Rosenstein in May 2017 to probe the nature and extent of Russian interference in the 2016 presidential campaign. The investigation began in October 2016 under President Barack Obama when the FBI took seriously the boast of Carter Page, one of candidate Donald Trump's foreign policy advisers, that he had worked for the Kremlin. Published April 4, 2018

In a Saturday, March 24, 2018 photo, Stephanie Smullen of Green Bay helps her 2-year-old son, Willis, give the Easter Bunny a high-five during the Beja Shriners' Breakfast with the Easter Bunny event in Howard, Wis. (Sarah Kloepping/Herald-Times Reporter via AP)

Hope for the dead

What is the connection between personal freedom and rising from the dead? Published March 28, 2018

Illustration on the unconstitutional FISA courts by Alexander Hunter/The Washington Times

March Madness, Washington-style

For the past few days, the nation's media and political class have been fixated on the firing of the No. 2 person in the FBI, Deputy Director Andrew McCabe. Published March 21, 2018

Illustration on Trump, Stormy Daniels and freedom of speech by Linas Garsys/The Washington Times

President Trump and freedom of speech

When James Madison drafted the First Amendment — "Congress shall make no law abridging the freedom of speech" -- he made sure to use the article "the" in front of the word "freedom." What seemed normal to him and superfluous to moderns was actually a profound signal that has resonated for 227 years. The signal was that because the freedom of speech existed before the government that was formed to protect it came into existence, it does not have its origins in government. Published March 14, 2018

In this June 21, 2017, file photo, former FBI Director Robert Mueller, the special counsel probing Russian interference in the 2016 election, departs Capitol Hill following a closed-door meeting in Washington. (AP Photo/Andrew Harnik, File)

'Let him arrest me!'

Late Monday afternoon, we were treated to a series of bizarre interviews on nearly every major cable television channel except Fox when a colorful character named Sam Nunberg, a former personal and political aide to Donald Trump, took to the airwaves to denounce a grand jury subpoena he received compelling the production of documents and live testimony. Published March 7, 2018

Annabel Claprood, a student at Marjory Stoneman Douglas High School touches one of the roses at the Pulse night club, Wednesday, Feb. 28, 2018 in Orlando, Fla.  Parents and students of Marjory Stoneman Douglas High School made a stop at the site of the nightclub attack  on their way back home from Tallahassee. Students returned to class at the high school, Wednesday, following the Feb. 14 mass shooting that killed several students and teachers.  (Red Huber/Orlando Sentinel via AP)

In defense of the right to keep and bear arms

The Ash Wednesday massacre at Marjory Stoneman Douglas High School in Parkland, Florida, seems to have broken more hearts than similar tragedies that preceded it. It was no more senseless than other American school shootings, but there is something about the innocence and bravery and eloquence of the youthful survivors that has touched the souls of Americans deeply. Published February 28, 2018

Phishing Moscow Illustration by Greg Groesch/The Washington Times

Mueller in hot pursuit

Last Friday, a federal grand jury sitting in Washington, D.C., indicted 13 Russian nationals and three Russian corporations for conspiracy and for using false instruments and computer hacking so as to influence the American presidential election in 2016. The indictment alleges a vast, organized and professional effort, funded by tens of millions of dollars, whereby Russian spies passed themselves off as Americans on the internet, on the telephone and even in person here in the U.S. to sow discord about Hillary Clinton and thereby assist in the election of Donald Trump. Published February 21, 2018

Faucet Money Illustration by Greg Groesch/The Washington Times

A million dollars a minute

Imagine you open the faucet of your kitchen sink expecting water and instead out comes cash. Now imagine that it comes out at the rate of $1 million a minute. You call your plumber, who thinks you're crazy. To get you off the phone, he opines that it is your sink and therefore must be your money. So you spend it wildly. Then you realize that the money wasn't yours and you owe it back. Published February 14, 2018

Illustration on the abuses of government surveillance in a free society by Linas Garsys/The Washington Times

'It can happen here'

We remain embroiled in a debate over the nature and extent of our own government's spying on us. The Foreign Intelligence Surveillance Act, which was enacted in 1978 as a response to the unlawful government spying of the Watergate era, was a lawful means for the government to engage in foreign surveillance on U.S. soil, but it has morphed into unchecked government spying on ordinary Americans. Published February 7, 2018