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 Clinton was judged by different standards from those used to judge others when deciding whether to bring a case to a grand jury.
The FBI investigation had a bizarre ending to it. FBI recommendations are never made public as this one was. Attorney General Loretta Lynch had been compromised by her politically disastrous but legally consequential meeting out of the view. . .
Andrew P. Napolitano
Andrew P. Napolitano
Judge Andrew P. Napolitano is a graduate of Princeton University and the University of Notre Dame Law School. He 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, when he presided over more than 150 jury trials and thousands of motions, sentencings, and hearings. Judge Napolitano taught constitutional law and jurisprudence at Delaware Law School for one and half years and at Seton Hall Law School for 11 years, and at Brooklyn Law School for four years. He was often chosen by the students as their most outstanding professor. As Fox News’ Senior Judicial Analyst from 1997 to 2021, Judge Napolitano gave 14,500 broadcasts nationwide on the Fox News Channel and Fox Business Network. He is nationally known for watching and reporting on the government as it takes liberty and property. His weekly newspaper column is seen by millions every week. The Judge is a nationally-recognized expert on the U.S. Constitution and a champion of personal freedom.
Is it worth impairing the reputation of the FBI and the Department of Justice to save Hillary Clinton from a deserved criminal prosecution by playing word games?
What has become of the rule of law -- no one is beneath its protections or above its requirements -- when the American public can witness a game of political musical chairs orchestrated by Bill Clinton at an airport in a bizarre ruse to remove the criminal investigation of his wife from those legally responsible for making decisions about it?
How hairsplitting can the FBI be in acknowledging "extreme recklessness" while denying ". . .
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, Libya. She particularly failed to save the lives of U.S. Ambassador Christopher Stevens and three of his colleagues, all under her care and control while she was secretary of state.
The report also slams Clinton for her repeated lies about the cause of the attacks. . .
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.
Last week, these folks, manifesting their lust to keep us dependent upon the government by rejecting the natural right to self-defense, coined a clever phrase: "No fly, no buy." It sounds rational, yet it rejects core American values.
The phrase was pounded home to average Americans during a one-sided 15-hour televised marathon on the floor of the Senate orchestrated by the gun control crowd. The essence of. . .
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.
As unspeakable and horrific as is the recent slaughter in Orlando, it has become just another example of the tragic consequences of government's interfering with the exercise of fundamental liberties. After a while, these events cease. . .
While Hillary Clinton and Bernie Sanders are battling in their final round in the Democratic primaries and Donald Trump is arguing that 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.
That amendment -- which requires the government to obtain a search warrant issued by a judge based upon some evidence of criminal wrongdoing, called probable cause, before the government can search persons, houses, papers or effects -- is the. . .
Late last week, the inspector general of the State Department completed a yearlong investigation into the use by Hillary Clinton of a private email server for all of her official government email as secretary of state. The investigation was launched when information technology officials at the State Department under Secretary of State John Kerry learned that Clinton paid an aide to migrate her public and secret State Department email streams away from their secured government venues and onto her own, non-secure server, which was stored in her home.
The migration of the secret email stream most likely constituted the. . .
"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 (1856-1941)
Last week, this column chronicled the startling admissions of lying by White House senior adviser Ben Rhodes. Rhodes readily acknowledged to The New York Times that he lied to the public and to members of Congress during the negotiations that produced the recent Iranian nuclear deal so as to temper the "irrational" fear that some senators and representatives had of the mullahs who run. . .
Here is a quick pop quiz. What happens if we lie to the government? What happens if the government lies to us? Does it matter who does the lying?
Last year, the Obama administration negotiated an agreement with the government of Iran permitting Iran to obtain certain materials for the construction of nuclear facilities. It also permitted the release of tens of billions of dollars in Iranian assets that had been held in U.S. banks and that the courts had frozen, and it lifted trade sanctions. In exchange, certain inspections of Iranian nuclear facilities can occur under certain circumstances. . .
The bad legal news for Hillary Clinton continued to cascade upon her presidential hopes during the past week in what has amounted to a perfect storm of legal misery. Here is what happened.
Last week, Mrs. Clinton's five closest advisors when she was Secretary of State, four of whom remain close to her and have significant positions in her presidential campaign, were interrogated by the FBI. These interrogations were voluntary, not under oath, and done in the presence of the same legal team which represented all five aides.
The atmosphere was confrontational, as the purpose of the interrogations. . .
