Judge’s Opinions

In the course of my work at Fox News, I am often asked by colleagues to review and explain documents and statutes. Recently, in conjunction with my colleagues Catherine Herridge, our chief intelligence correspondent, and Pamela Browne, our senior executive producer, I read the transcripts of an interview Browne did with a man named Marc Turi, and Herridge asked me to review emails to and from State Department and congressional officials during the years when Hillary Clinton was the secretary of state.
What I saw has persuaded me beyond a reasonable doubt and to a moral certainty that Clinton provided. . .

The tragedy of a mass murder in Charleston, S.C., last week, obviously motivated by racial hatred, has raised anew the issue of the lawfulness of the State expressing an opinion by flying a Confederate flag at the Statehouse, and the constitutionality of the use of the First Amendment to protect hate speech and hate groups. The State has no business expressing opinions on anything, and it is required to protect hate. Here is the law.
Let's start with the proposition that hatred of persons is a profound disorder, and it is no doubt motivated by far deeper. . .

In their continuous efforts to create the impression that the government is doing something to keep Americans safe, politicians in Washington have misled and lied to the public. They have violated their oaths to uphold the Constitution. They have created a false sense of security. And they have dispatched and re-dispatched 60,000 federal agents to intercept the telephone calls, text messages and emails of all Americans all the time.
In the process, while publicly claiming they only acquire identifying metadata -- the time, date, location, duration, telephone numbers and email addresses of communications -- they have in fact surreptitiously gained. . .

What if we didn't have a Constitution? What if the government were elected by custom and tradition, but not by law?
What if election procedures and official titles and government responsibilities merely followed those that preceded them, and not because any of this was compelled by law, but because that's what folks came to expect?
What if those elected to office, and those appointed to it, as well, took oaths to uphold the Constitution? What if those who took the oaths promised fidelity to the Constitution? What if the Constitution declares itself to be the supreme. . .

A decision last week about NSA spying by a panel of judges on the United States Court of Appeals in New York City sent shock waves through the government. The court ruled that a section of the Patriot Act that is due to expire at the end of this month and on which the government has relied as a basis for its bulk acquisition of telephone data in the past 14 years does not authorize that acquisition.
This may sound like legal mumbo jumbo, but it goes to the heart of the relationship between the people and their government in. . .

Thomas Cromwell was the principal behind-the-scenes fixer for much of the reign of King Henry VIII. He engineered the interrogations, convictions and executions of many whom Henry needed out of the way, including his two predecessors as fixer and even the king's second wife, Queen Anne.
When Cromwell's son, Gregory, who became sickened as he watched his father devolving from counselor to monster, learned that an executioner for the queen had been sent for from France a week before her conviction, he asked his father what the purpose of her trial was if the. . .

Can the president kill you? The short answer is: Yes, but not legally. Yet, President Obama has established a secret process that involves officials from the Departments of Justice and Defense, the CIA, and the White House senior staff whereby candidates are proposed for execution, and the collective wisdom of the officials then recommends execution to the president, who then accepts or rejects the recommendation.
If the recommendation is to kill and the president rejects the recommendation, the CIA is directed to arrest the person. If the president accepts the recommendation to kill, then death is ordered. This is not. . .

The Indiana Religious Freedom Restoration Act of 2015 is constitutionally infirm and legally troublesome.
The circuitous constitutional route that brought about this statute began in 1990 when the Supreme Court ruled that the Free Exercise Clause of the First Amendment may not be used as a defense to violating the general laws of the land. In Employment Division v. Smith, a small group of Native Americans who had been fired from their jobs because drug tests revealed their use of peyote made applications for unemployment compensation, which the State of Oregon denied.
They appealed and claimed that their use of. . .

Here is a short pop quiz.
When Israeli Prime Minister Benjamin Netanyahu addressed Congress earlier this month about the parameters of the secret negotiations between the United States and Iran over nuclear weapons and economic sanctions, how did he know what the negotiators were considering? Israel is not a party to those negotiations, yet the prime minister presented them in detail.
When Hillary Clinton learned that a committee of the U.S. House of Representatives had subpoenaed her emails as secretary of state and she promptly destroyed half of them -- about 33,000 -- how did she know she could get. . .

What if Hillary Clinton's emails were hacked by foreign agents when she was the secretary of state? What if persons claiming to have done so are boasting about their alleged feats on Internet websites and in chat rooms traditionally associated with illegal or undercover activities? What if this is the sore underbelly of an arrogant and lawless secretary of state who used her power to exempt herself from laws that govern executive branch employees and didn't care about national security?
What if the law required Clinton to swear under oath on her first day as secretary. . .