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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 President Trump's increasing legal challenges by Linas Garsys/The Washington Times

How the president's legal woes continue to grow

It seems that every time we look at the legal maneuverings that reflect upon President Donald Trump, the allegations of unlawful behavior by him add up. We know that two teams of federal prosecutors are examining his pre-presidential and his in-office behavior. Published December 19, 2018

President Donald Trump attends a ceremony to sign an executive order establishing the White House Opportunity and Revitalization Council, in the Roosevelt Room of the White House, Wednesday, Dec. 12, 2018, in Washington. (AP Photo/Jacquelyn Martin)

'At the direction of the president'

Last week, federal prosecutors in Washington and New York filed sentencing memorandums with federal judges in advance of the sentencings of Paul Manafort and Michael Cohen. President Donald Trump's former campaign manager and his former personal lawyer had pleaded guilty to federal crimes, and the memorandums, which are required by the federal rules of criminal procedure, set forth the prosecutors' desired prison sentences for them. Published December 12, 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)

The Mueller investigation rolls on

The nation has paused this week from its toxic political battles to remember the kindness and gentleness of President George H.W. Bush. He was kind to Bill Clinton, who defeated him in 1992, and to Ross Perot, whose unusual entry into the presidential race that year siphoned conservative voters away from Mr. Bush and enabled Mr. Clinton to amass a majority of electoral votes with only 43 percent of the popular vote. The Bush I knew was the post-presidential one, who, by all appearances, harbored no bitterness or sense of defeat. Published December 5, 2018

The chief justice and a needed tutorial on law

When Donald Trump became president, he swore an oath to uphold the U.S. Constitution and enforce federal laws "faithfully." James Madison, who was the scrivener at the Constitutional Convention, insisted on using the word "faithfully" in the presidential oath and including the oath in the body of the Constitution because he knew that presidents would face the temptation to disregard laws they dislike. Published November 28, 2018

Elks Lodge BPOE 350 member Mark Hannah pulls turkey for the community Thanksgiving meal on Monday, Nov.  19, 2018 in Ashland, Ky. Volunteers and lodge members serve 1,600 free meals to the community. (Kevin Goldy/The Daily Independent via AP)

For what should we be thankful

What if the government's true goal is to perpetuate itself? What if the real levers of governmental power are pulled by agents and diplomats and by bureaucrats and central bankers behind the scenes? What if they stay in power no matter who is elected president or which political party controls either house of Congress? Published November 21, 2018

Big Hole at the Justice Department Illustration by Greg Groesch/The Washington Times

'Will the real attorney general please stand up?'

Last week's surprise forced resignation of Jeff Sessions as attorney general of the United States set in motion a series of events that will soon resonate in all corners of the Department of Justice. Published November 14, 2018

Illustration forecasting Democrat actions against President Trump by Alexander Hunter/The Washington Times

Legislate or investigate

The Democratic Party has won control of the House of Representatives. Its members effectively will be able to block all legislation that the Senate passes and the president wants. They also will be able to unleash their subpoena power mercilessly on the Executive Branch. Will the members of the new majority view their victory primarily as an opportunity to legislate or as a chance to investigate? Published November 7, 2018

President Donald Trump talks to reporters about wanting to change the Fourteenth Amendment, before walking to Marine One on the South Lawn of the White House for a short flight to Andrews Air Force Base then on to Fort Myers, Fla., for a campaign rally ahead of the midterm elections, in Washington, Wednesday, Oct. 31, 2018. (AP Photo/J. Scott Applewhite)

Presidential vision and self-restraint

I was sitting at Mass last Sunday in a cavernous Catholic church on Manhattan's Upper West Side near Lincoln Center, praying and thinking about the horrible events in America last week. Published October 31, 2018

Securing National Sovereignty Illustration by Greg Groesch/The Washington Times

'The Camp of the Saints'

In Jean Raspail's 1973 dystopian novel, "The Camp of the Saints," about 1 million poor folks from India make their way on hundreds of ships around the southern tip of Africa and up to the French Riviera. The international media use helicopters to follow the flotilla, and the news of the flotilla's movements dominates the headlines for weeks. Published October 24, 2018

Illustration on freedom of speech by Linas Garsys/The Washington Times

A victory for free speech

The litigation brought by Stormy Daniels against Donald Trump has had its day of reckoning. The adult-film star who sued the president for defamation not only lost a portion of her lawsuit but was ordered to pay the president's legal bills. All this was a resounding victory for the freedom of speech. Published October 17, 2018

Adjudicating the Constitution Illustration by Greg Groesch/The Washington Times

'What if the president and the Senate just pulled a fast one?'

What if we have a right to insist that judges be neutral and open-minded rather than partisan and predisposed to a particular ideology? What if presidential candidates promise to nominate judges and justices who they believe will embrace certain ideologies? Published October 10, 2018

Former Baltimore prosecutor Page Croyder protests against Supreme Court nominee Brett Kavanaugh by staging a hunger strike, this is her 7th day, in front of the Supreme Court, in Washington, Thursday, Sept. 27, 2018. The Senate Judiciary Committee will hold a hearing today with Supreme Court Nominee Brett Kavanaugh and Christine Blasey Ford, the woman who says he sexually assaulted her. (AP Photo/Cliff Owen)

Treating the court as a political branch

Harsh winds are blowing on Capitol Hill. The hoped-for and feared clash between Judge Brett M. Kavanaugh and his principal accuser, Christine Blasey Ford, has come and gone, with all of its calculated and spontaneous outbursts, as well as gut-wrenching emotion. Published October 3, 2018

Democrats Lynch the Nominee Illustration by Greg Groesch/The Washington Times

When crisis and panic hover

Until two weeks ago, President Donald Trump's nomination of Judge Brett Kavanaugh to a seat on the U.S. Supreme Court seemed a sure thing. He ably handled more than 1,200 questions put to him by members of the Senate Judiciary Committee. He demonstrated even to his adversaries a masterful command of constitutional jurisprudence. The FBI had completed six background investigations of Judge Kavanaugh throughout his career in government, and it found no blemishes. Published September 26, 2018

Illustration on possible damaging information from Paul Manafort by Alexander Hunter/The Washington Times

Trump's beast in the night

If you have been following the serious destruction brought about by Hurricane Florence in North Carolina and the political turmoil caused by the allegations of teen-age sexual misconduct made by Christine Blasey Ford against Judge Brett Kavanaugh, along with his firm and unbending denials, you might have missed a profound event in a federal courtroom in the nation's capital late last week. Published September 19, 2018

Down With FISA Warrants Illustration by Greg Groesch/The Washington Times

Donald Trump and the rule of law

Last week, The New York Times published a scathing critique of Donald Trump — the man and the president. The Times said the critique was written by a senior Trump administration official who insisted on remaining unnamed. This bitter and harsh opinion piece, which portrays the president as dangerous to the health of the republic and his White House as slouching toward dysfunctionality, has understandably infuriated him. Published September 12, 2018

People leave the Washington National Cathedral in Washington, Saturday, Sept. 1, 2018, following a memorial service for Sen. John McCain, R-Ariz. McCain died Aug. 25 from brain cancer at age 81. (AP Photo/Susan Walsh)

Metaphor in a government-founded church

Last week, I was intrigued by all the fanfare attendant upon the national farewell to the late Sen. John McCain. I have written in this space that Mr. McCain and I were friends who spoke many times, but generally only about the issues upon which we agreed — abortion, immigration and torture. Published September 5, 2018

Sen. John McCain      The Washington Times

John McCain and me

About four years ago, I was browsing through one of Manhattan's last remaining independent bookstores, when my cellphone rang. I didn't recognize the incoming telephone number, with its 202 area code, but I assumed it was a Fox News colleague from our Washington bureau. Published August 29, 2018

Illustration on a Trump/Mueller interview by Alexander Hunter/The Washington Times

Interviewing the president

When federal prosecutors are nearing the end of criminal investigations, they often invite the subjects of those investigations to speak with them. Published August 8, 2018

Rudy as da Bomb Illustration by Greg Groesch/The Washington Times

Trump sabotaged by his own lawyer

In the past week, former New York Mayor Rudolph Giuliani, now the chief lawyer and principal spokesman for President Donald Trump's legal team, has offered arguments more harmful to Mr. Trump than helpful. In a series of combative, disjointed and logically challenged television rants, Mr. Giuliani has essentially argued that Mr. Trump did not engage in any conspiracy with the Russians for them to provide help to his campaign and that even if he did, it wasn't criminal. Published August 1, 2018

Andrew Alexander Napolitano      Photo courtesy the Napolitano family

An American life

Last week, in Ridgewood, New Jersey, a 92-year-old unsung American patriot lost his battle with congestive heart failure. He had been surrounded by his wife and children and their spouses and their children. He left this vale of tears in his wife's arms, peacefully and with dignity. Published July 25, 2018