Judge’s Opinions

It seems that at every turn during this crazy presidential election campaign -- with its deeply flawed principal candidates (whom do you hate less?) -- someone's personal or professional computer records are being hacked. First it was Hillary Clinton's emails that she had failed to surrender to the State Department. Then it was a portion of Donald Trump's 1995 tax returns, showing a $916 million loss he claimed during boom times. Then it was those Clinton emails again, this time showing her unacted-upon doubts about two of our Middle Eastern allies' involvement in 9. . .

What if the most remarkable aspect of this presidential election is not how much the two principal candidates disagree with each other but how much they actually agree?
What if they are both statists? What if they both believe that the government's first duty is to take care of itself? What if they both believe in the primacy of the state over the individual? What if, in clashes between the state and individuals, they both would use the power of the state to trample the rights of individuals?
What if the first priority of both is not to. . .

In this weekly column and in my on-air work at Fox News, I have characterized former Secretary of State Hillary Clinton as a crook and as the "Queen of Deception." I have argued that there is enough credible evidence in the public domain to indict, prosecute and convict her of espionage, perjury, misleading Congress, public corruption, providing material assistance to terrorist organizations and obstruction of justice.
I can point to five times when she lied under oath. I know of FBI agents who believe that their hands were tied by the Obama administration in the criminal investigation. . .

"No person shall ... be deprived of life, liberty, or property, without due process of law..." -- Fifth Amendment to the U.S. Constitution 

The clash in American history between liberty and safety is as old as the republic itself. As far back as 1798, notwithstanding the lofty goals and individualistic values of the Declaration of Independence and the Constitution, the same generation -- in some cases the same human beings -- that wrote in the First Amendment that "Congress shall make no law ... abridging the freedom of speech" enacted the Alien and Sedition Acts, which punished. . .

Earlier this week, Republican leaders in both houses of Congress took the FBI to task for its failure to be transparent. In the House, it was apparently necessary to serve a subpoena on an FBI agent to obtain what members of Congress want to see; and in the Senate, the chairman of the Judiciary Committee accused the FBI itself of lawbreaking.
Here is the back story.
Ever since FBI Director James Comey announced on July 5 he was recommending that the Department of Justice not seek charges against former Secretary of State Hillary Clinton as a result of her failure. . .

On Sept. 2, the FBI released a lengthy explanation of its investigation of Hillary Clinton and a summary of the evidence amassed against her. It also released a summary of Clinton's July FBI interrogation.
The interrogation was in some respects standard and in others very troubling. It was standard in that she was confronted with emails she had sent or received and was asked whether she recalled them, and her judgment about them was challenged. The FBI was looking for gross negligence in her behavior about securing state secrets.
The failure to secure state secrets that have been. . .

Hillary Clinton recently laid out her plan for the economy, which boils down to more government, more spending, more taxes, more regulations and more red tape. It translates into more debt and less growth. Some of the most outrageous provisions of her plan are those that target U.S. corporations abroad.
To be fair, Clinton's policies are very similar to those of President Barack Obama. They both want to prevent U.S. companies from leaving the country through a process called inversion. They both also fundamentally misunderstand the reasons behind inversions and try to fix the perceived problem. . .

When former Secretary of State Hillary Clinton was asked last week if she has misled the American people on the issue of her failure to safeguard state secrets contained in her emails, she told my Fox News colleague, Chris Wallace, that the FBI had exonerated her. When pressed by Wallace, she argued that FBI Director James Comey said that her answers to the American people were truthful.
After Clinton recognized that even her strongest supporters doubted her statement, she attempted to walk it back. In doing so, she repeatedly lied again, but offered as an excuse a bizarre claim that. . .

On the eve of the Democratic National Convention, WikiLeaks -- the courageous international organization dedicated to governmental transparency -- exposed hundreds of internal emails circulated among senior staff of the Democratic National Committee during the past 18 months.
At a time when Democratic Party officials were publicly professing neutrality during the party's presidential primaries, the DNC's internal emails showed a pattern of distinct bias toward the candidacy of former Secretary of State Hillary Clinton and a marked prejudice toward the candidacy of Sen. Bernie Sanders. Some of the emails were raw in their tone, and some could fairly. . .

This summer, we have all witnessed the heavy hand of government intervening in the freedom of speech, as the behavior of the Secret Service at both the Republican convention in Cleveland and the Democratic convention in Philadelphia was troubling and unconstitutional.
Though the First Amendment was originally written only to restrain Congress ("Congress shall make no law ... abridging the freedom of speech"), it is now uniformly interpreted to restrict all government in America from abridging the freedom of speech.
The reason this freedom is referred to as "the" freedom of speech is to reflect the belief. . .