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Andrew Napolitano

Andrew Peter Napolitano[1] (born June 6, 1950) is an American former jurist and syndicated columnist whose work appears in numerous publications, including The Washington Times and Reason. Napolitano served as a New Jersey Superior Court judge from 1987 to 1995. He also served as a visiting professor at Widener University Delaware Law School, Seton Hall University School of Law, and Brooklyn Law School. Beginning in 1997, he became an analyst for Fox News, commenting on legal news and trials. Napolitano was removed from the network in August 2021 following sexual assault allegations. He has written nine books on legal and political subjects.

Andrew Napolitano
Judge of the New Jersey Superior Court
In office
1987–1995
Appointed byThomas Kean
Personal details
Born
Andrew Peter Napolitano

(1950-06-06) June 6, 1950 (age 73)
Newark, New Jersey, U.S.
Political partyLibertarian
EducationPrinceton University (BA)
University of Notre Dame (JD)
Signature
WebsiteOfficial website

Early life and judicial and academic career Edit

Napolitano was born in Newark, New Jersey. He graduated with an A.B. in history from Princeton University in 1972 after completing a senior thesis titled "An Essay on the Origin and Evolution of Representative Government in the Colony of the Massachusetts Bay, 1630-1644."[2] He received his J.D. from Notre Dame Law School[3] and was admitted to the New Jersey bar in 1975.[citation needed] After law school, he entered private practice as a litigator. He first taught law for a brief period in 1980–1981 at Delaware Law School (now Widener). He sat on the New Jersey bench from 1987 to 1995, becoming the state's youngest then-sitting Superior Court judge.[4]

Napolitano resigned his judgeship in 1995 to return to private practice. He served as an adjunct professor at Seton Hall University School of Law for 11 years, from 1989 to 2000. He served as a visiting professor at Brooklyn Law School from 2013 to 2017.[citation needed]

Napolitano told friends in 2017 that President Donald Trump told him he was considering him for a United States Supreme Court appointment should there be a second vacancy.[5] Ultimately, Judge Brett Kavanaugh was chosen instead.

Media career Edit

 
Napolitano, 2010

Before joining Fox as a news analyst, Napolitano was the presiding judge for the first season of Twentieth Television's syndicated court show Power of Attorney (2000–02), in which people brought small-claims disputes to a televised courtroom. Differing from similar formats, the plaintiffs and defendants were represented pro bono by famous attorneys. He departed the series after its first season.

From 2006 to 2010, Napolitano co-hosted a talk radio show on Fox News Radio with Brian Kilmeade titled Brian and the Judge. He hosted a daily libertarian talk show called Freedom Watch that aired on Fox Business Channel. Frequent guests on Freedom Watch were Congressman Ron Paul, Lew Rockwell and Peter Schiff. He promoted the works of Friedrich Hayek and Ludwig von Mises in his program. The show originally aired every Wednesday at 2:00 p.m. on Fox News' Strategy Room and from September 14, 2009, aired three to four times a week. On June 12, 2010, it debuted as a weekly show on Fox Business. It was one of several programs dropped in February 2012 when FBN revamped its primetime lineup.[6]

Napolitano regularly substituted for television host Glenn Beck when Beck was absent from his program. After Beck announced that he would be leaving Fox News, he asked Napolitano to replace him.[7] He regularly provided legal analysis on top rated shows on both Fox News Channel and Fox Business Network, such as The Kelly File, The O'Reilly Factor, Varney & Co., The Fox Report with Shepard Smith, Fox & Friends and Special Report with Bret Baier until an appearance on March 16, 2017, related to a then-postulated conspiracy theory involving President Trump's accusation that former President Barack Obama had wiretapped him. On March 20, 2017, the Los Angeles Times reported that Napolitano was pulled off the air indefinitely because of the wiretapping claims;[8] however, it was unclear whether Napolitano would return to the air or whether it was just a temporary move to remove him from the news cycle.[9] He returned to the air on March 29 and stood by his claims concerning British intelligence.[10] A new book by CNN reporter Brian Stelter asserts that Attorney General William Barr met with Fox News boss Rupert Murdoch in October 2019 to request that Murdoch "muzzle" Napolitano and that Napolitano's Fox appearances have been limited since that meeting.[11][12]

Napolitano was let go from his position as a contributor to Fox News in August 2021 after allegations of sexual harassment filed by a Fox Business production assistant.[13][14] During his 24-year tenure as Fox News' Senior Judicial Analyst, Napolitano appeared on air more than 14,500 times,[15][16] a record for any on-air personality at the network.[citation needed]

Politics Edit

Specific positions Edit

Napolitano is anti-abortion and holds that abortion "should be prohibited."[17] He reasons that while a woman has a natural and undeniable right to privacy in her personal choices, the rule of necessity causes the right to life of the fetus, which he believes to begin at conception, to take priority for the duration of gestation. He believes the Supreme Court's ruling on interracial marriage in Loving v. Virginia (1967) set a precedent that would also require state recognition of same-sex marriage.[18] He opposes capital punishment, saying, "I don't believe that the state has the moral authority to execute."[19] He is a believer in the separation of Church and State.

With respect to both presidents Bush and Obama and their handling of civil liberties in the War on Terror, Napolitano is a strong critic. In both his scholarly work, appearing in the New York University School of Law Journal of Law and Liberty, and in his book Suicide Pact, he criticized the actions of both presidents and their parties concerning torture, domestic spying, unilateral executive action and encroachments on political power.

In February 2014, Napolitano expressed disdain for Abraham Lincoln on Fox News, saying, "I am a contrarian on Abraham Lincoln." Slavery in the U.S., according to Napolitano, while one of the most deplorable institutions in human history, could have been done away with peacefully, sparing the bloodiest conflict in American history. At the same time, he also argued that states, where slavery was legal, did not secede out of fear of abolitionism, asserting that "largely the impetus for secession was tariffs," which most Civil War historians dispute.[20] In his book Suicide Pact, he focused his criticism of Lincoln on the precedent set by his specific constitutional violations, such as his unilateral suspension of the right to habeas corpus and his institutionalization of military commission systems for civilian crimes.

After the release of the Mueller report on Russian interference in the 2016 election, Napolitano said the report showed that Trump engaged in numerous instances of obstruction of justice. However, the report deliberately refused to make a firm conclusion about obstruction of justice accusations.[21]

According to The New York Times, Napolitano "has a taste for conspiracy theories".[22] The Washington Post has described him as a "purveyor of conspiracy theories."[23]

Napolitano has promoted 9/11 conspiracy theories. In 2010, he said, "It's hard for me to believe that it (7 World Trade Center) came down by itself... I am gratified to see that people across the board are interested. I think twenty years from now, people will look at 9/11 the way we look at the assassination of JFK today. It couldn't possibly have been done the way the government told us."[24][25]

Judicial philosophy Edit

Napolitano subscribes to a natural law jurisprudence that is influenced by a respect for originalist ideas and methods. He has expressed strong sympathies with the Randy Barnett new originalist vein of originalism, as it incorporates the natural law through an original understanding of the Ninth Amendment. He has published a favorable column on Barnett's idea of a constitutional presumption of liberty.[26]

Napolitano's philosophy generally leans towards strong originalism while not accepting the limitations of the older types of originalism espoused by Robert Bork and Justice Antonin Scalia concerning the Constitution's open-ended provisions like the Ninth Amendment. He finds such limitations too restrictive on a judge's ability to apply the natural law to decide cases where the individual's liberty is at stake. He is a strong believer in economic liberties. He argues that Lochner v. New York was overruled in error in the West Coast Hotel case, as the Contracts Clause and the Fifth and Fourteenth Amendment due process clauses protect a sphere of personal economic liberty.[27]

In September 2015, Napolitano was the featured speaker at a conference held by the Republican government watchdog group Judicial Watch.[28]

Allegations that British intelligence wiretapped Trump Tower Edit

On March 16, 2017, citing three unnamed intelligence sources, Napolitano said on the program Fox & Friends that Britain's top intelligence agency, Government Communications Headquarters (GCHQ), had engaged in covert electronic surveillance of then-candidate Donald Trump during the 2016 presidential campaign on orders from President Obama.[22] He said that by using the British intelligence apparatus, Obama would avoid leaving "fingerprints" that could identify the origin of this surveillance action. In response to “Fox & Friends” host Brian Kilmead stating that Napolitano was claiming Trump's phone was “wiretapped”, Napolitano denied actual physical tampering, instead citing the agency has digital access to digital information.

In a column on the Fox website, he wrote that GCHQ "most likely provided Obama with transcripts of Trump's calls. The NSA has given GCHQ full 24/7 access to its computers, so GCHQ — a foreign intelligence agency that, like the NSA, operates outside our constitutional norms — has the digital versions of all electronic communications made in America in 2016, including Trump's."[29] One of his sources was former Central Intelligence Agency (CIA) officer Larry C. Johnson, who later told CNN that Napolitano had misrepresented the statements he made on an online discussion board. Johnson, citing two anonymous sources, claimed that the GCHQ was passing information on the Trump campaign to U.S. intelligence through a "back-channel", but stressed that the GCHQ did not "wiretap" Trump or his associates and that alleged information sharing by the GCHQ was not done at the direction of the Obama administration.[30][31]

On March 16, White House Press Secretary Sean Spicer repeated Napolitano's claim at a White House press briefing. The following day, GCHQ responded with a rare public statement: "Recent allegations made by media commentator Judge Andrew Napolitano about GCHQ being asked to conduct 'wiretapping' against the then president-elect are nonsense. They are utterly ridiculous and should be ignored."[32] A British government source said the allegation was "totally untrue and quite frankly absurd".[33] Admiral Michael S. Rogers, director of the National Security Agency, said he has seen nothing to suggest that there was "any such activity," nor any request to do so.[34] Former GCHQ director David Omand told the Financial Times that "The suggestion that [Barack Obama] asked GCHQ to spy on Trump is just completely barking—that would be evident to anyone who knew the system."[35]

The claim started a diplomatic dispute with Britain. Tim Farron, the Liberal Democrat leader in Britain, said, "Trump is compromising the vital UK–US security relationship to try to cover his own embarrassment. This harms our and US security."[33] The Telegraph said that two U.S. officials had personally apologized for the allegation.[33] The British government also said that the U.S. government promised not to repeat these claims.[35][36] The White House denied reports that it had apologized to the British government, saying Spicer was merely "pointing to public reports" without endorsing them.[33][37]

On April 12, 2017, The Guardian reported that GCHQ and other European intelligence agencies had intercepted communications between members of the Trump campaign team and Russian officials and shared the intelligence with their U.S. counterparts. The communications were obtained through "incidental collection" as part of routine surveillance of Russian intelligence assets, not from a targeted operation against Trump or his campaign.[38][39]

Fox News distanced itself from Napolitano's claims and suspended him from contributing to the network's output, according to the Los Angeles Times and the Associated Press.[40] He returned on March 29 after a nearly two-week absence, but continued to support his earlier claims.[41]

Civil War views Edit

Napolitano has made numerous claims about the Civil War which are rejected by historians. These claims include that the Civil War was Abraham Lincoln's war by choice, that slavery was dying anyway, that Lincoln could have freed the slaves by paying the slaveholders, and that Lincoln armed the slaves.[42][43] More specifically, in a Daily Show segment, he said that Lincoln started the war "because he wanted to preserve the union, because he needed the tariffs from the southern states," a claim rejected by a panel of three distinguished historians of the Civil War: James Oakes, Eric Foner and Manisha Sinha.[43] Napolitano argued that Lincoln could have solved the slavery question by paying slaveholders to release their slaves, a method known as compensated emancipation, thereby avoiding war.[42] Lincoln did offer to pay to free the slaves in Delaware, but the Delaware legislature rejected him.[42] He also asserted that Lincoln attempted to arm slaves, but two prominent historians of the Civil War said they had never heard of such an effort and PolitiFact rated the claim "pants-on-fire".[42][44] He has asserted that slavery was dying a natural death at the time of the Civil War, a claim that Eric Foner on the Daily Show panel rejected. Foner said, "Slavery was not only viable, it was growing ... This idea that it was dying out or was going to die out is ridiculous."[43]

Napolitano has also said that Lincoln enforced the Fugitive Slave Act "until the Civil War was over" by sending escaped slaves back to their owners. PolitiFact notes that "while there were cases when Lincoln enforced the law during the Civil War, he did so selectively when he thought it would help keep border states in the Union fold. When it came to slaves from Confederate states, the weight of the government actions fell heavily on the side of refusing to return escaped slaves." Furthermore, his claim that Lincoln enforced the act "until the Civil War was over" was indisputably false, as the Fugitive Slave Act was repealed in June 1864, more than ten months before the end of the war.[42]

Personal life Edit

Napolitano splits his time living in Manhattan and Newton, New Jersey, where he owns a farm that produces maple syrup.[45]

Napolitano has stated that he is not related to former Secretary of Homeland Security Janet Napolitano, whom he sometimes jokingly calls "Evil Cousin Janet".[46][47]

Napolitano is a vegetarian.[48]

Napolitano identifies as a Traditionalist Catholic who is opposed to the reforms of Vatican II and is critical of Pope Francis.[49][50]

Napolitano was sued by two New Jersey men alleging sexual assault dating in one case to his time on the bench.[51] Napolitano countersued in one case bringing a libel case. All three suits were later withdrawn and it is reportedly unclear whether any financial settlement occurred.[52]

Bibliography Edit

Books

Book contributions

Book reviews

Academic works

This speech was originally presented as the keynote address to the Regent University Law Review and The Federalist Society for Law & Public Policy Studies Media and the Law Symposium at Regent University School of Law, October 9–10, 2009, under the title "When Does Regulation Go Too Far?"

References Edit

  1. ^ "The Law School: The Degree of Juris Doctor" (PDF). 1975 Commencement Weekend. University of Notre Dame. p. 23.
  2. ^ Napolitano, Andrew Peter (1972). An Essay on the Origin and Evolution of Representative Government in the Colony of the Massachusetts Bay, 1630–1644 (Thesis). Princeton University.
  3. ^ "Andrew Napolitano - Breaking News, Photos and Videos". The Hill. Retrieved September 10, 2023.
  4. ^ "Ex-NJ judge pulled from Fox after Trump wiretapping claims, report says". March 21, 2017.
  5. ^ "Napolitano told friends he was on Trump's Supreme Court shortlist". Politico. March 25, 2017.
  6. ^ "Fox Business Network Drops Bolling, Napolitano Shows In Primetime Shuffle". Mediaite. February 9, 2012. Retrieved April 25, 2015.
  7. ^ "Glenn Beck's Fill-In on Fox News Draws the Same Audience as Glenn Beck". TheWrap. March 14, 2011. Retrieved April 25, 2015.
  8. ^ Battaglio, Stephen (March 20, 2017). "Fox News pulls Judge Napolitano over his Trump wiretap claims". Los Angeles Times. Retrieved March 22, 2017.
  9. ^ Koblin, John (March 21, 2017). "Fox News Sidelines Andrew Napolitano After Wiretap Allegation". The New York Times. Retrieved March 22, 2017.
  10. ^ Byers, Dylan (March 29, 2017). "Andrew Napolitano returns to Fox News, stands by false spying claim". CNNMoney. Retrieved March 29, 2017.
  11. ^ Pengelly, Martin (August 22, 2020). "William Barr told Murdoch to 'muzzle' Fox News Trump critic, new book says". The Guardian. Retrieved August 23, 2020.
  12. ^ Stelter, Brian (2020). Hoax: Donald Trump, Fox News, and the Dangerous Distortion of Truth. Simon & Schuster. p. 368. ISBN 978-1982142445. Retrieved August 23, 2020.
  13. ^ Mastrangelo, Dominick (August 2, 2021). "Andrew Napolitano out at Fox News amid allegations of harassment". The Hill. Retrieved April 27, 2023.
  14. ^ Shafer, Ellise (August 3, 2021). "Judge Andrew Napolitano Ousted by Fox News Following Sexual Harassment Allegations". Variety. Retrieved April 27, 2023.
  15. ^ . May 20, 2022. Archived from the original on September 1, 2022. Retrieved August 31, 2022.
  16. ^ "Theater 555 To Present Judge Andrew Napilitano: Stories from the Fields of Freedom". Broadway World. May 20, 2022. Retrieved August 31, 2022.
  17. ^ Nick Gillespie from the March 2005 issue (March 2005). "The Born-Again Individualist – Reason Magazine". Reason.com. Retrieved April 6, 2011.
  18. ^ "Should States Be the Ultimate Deciders of the Legality of Same-Sex Marriage?". Fox News. May 9, 2012. Archived from the original on January 23, 2013. Retrieved August 18, 2012.
  19. ^ Nick Gillespie from the March 2005 issue (March 2005). "The Born-Again Individualist – Reason Magazine". Reason.com. Retrieved October 26, 2013.
  20. ^ "Denunciation Proclamation". thedailyshow.com. Retrieved April 25, 2015.
  21. ^ "Fox News' Andrew Napolitano says Trump committed obstruction of justice 'at least a half-dozen' times". theweek.com. April 25, 2019. Retrieved April 25, 2019.
  22. ^ a b Grynbaum, Michael M. (March 17, 2017). "Fox's Andrew Napolitano Stirred the Pot for Trump's British Tempest". The New York Times. ISSN 0362-4331. Retrieved March 18, 2017.
  23. ^ Hawkins, Derek (March 21, 2017). "Andrew Napolitano reportedly pulled from Fox News over debunked wiretapping claims". The Washington Post. Retrieved March 21, 2017.
  24. ^ . Archived from the original on December 18, 2021. Retrieved March 18, 2017.
  25. ^ "Andrew Napolitano, Fox Business Host, Reveals He Is A 9/11 Truther". The Huffington Post. November 24, 2010. Retrieved March 18, 2017.
  26. ^ "Andrew Napolitano on the Importance of the Presumption of Liberty". Reason.com. October 30, 2014. Retrieved April 25, 2015.
  27. ^ Suicide Pact, pp. 66–67.
  28. ^ Judicial Watch (September 10, 2015). "Judicial Watch Announces September 14 Leadership Summit Washington Corruption and the Transparency Crisis" (Press release). Washington, DC: Judicial Watch.
  29. ^ Napolitano, Andrew (March 16, 2017). "Andrew Napolitano: Did Obama spy on Trump?". Fox News.
  30. ^ Master, Cyra (March 19, 2017). "Ex-intelligence official: Napolitano's British wiretapping claim 'didn't get it right'". TheHill. Retrieved April 4, 2017.
  31. ^ Disis, Jill (March 19, 2017). "Consultant says he wasn't "knowingly" source for Napolitano report". CNNMoney. Retrieved April 4, 2017.
  32. ^ Gambino, Lauren; Rawlinson, Kevin (March 17, 2017). "GCHQ dismisses 'utterly ridiculous' claim it helped wiretap Trump". The Guardian. Retrieved March 17, 2017.
  33. ^ a b c d Swinford, Steven (March 18, 2017). "Donald Trump fuels diplomatic row with Britain after apology from US officials over GCHQ wiretapping claims". The Telegraph. Retrieved March 21, 2017.
  34. ^ Shane, Scott (March 20, 2017). "Highlights From the House Hearing on Russian Interference in the U.S. Election". The New York Times. Retrieved March 21, 2017.
  35. ^ a b Weaver; Jones (March 17, 2017). "White House reassures UK it will not repeat Trump spying claim". Financial Times.
  36. ^ Adam, Karla (March 17, 2017). "Britain: White House says it won't repeat claims that a British agency wiretapped Trump". The Washington Post. Retrieved March 18, 2017.
  37. ^ Westcott, Ben; Merica, Dan; Sciutto, Jim (March 17, 2017). "White House: No apology to British government over spying claims". CNN. Retrieved March 18, 2017.
  38. ^ Harding, Luke; Kirchgaessner, Stephanie; Hopkins, Nick (April 13, 2017). "British spies were first to spot Trump team's links with Russia". The Guardian. ISSN 0261-3077. Retrieved May 12, 2017.
  39. ^ Jim Sciutto; Pamela Brown; Eric Bradner (April 13, 2017). "British intelligence passed Trump associates' communications with Russians on to US counterparts". CNN. Retrieved May 12, 2017.
  40. ^ Hawkins, Derek (March 21, 2017). "Andrew Napolitano reportedly pulled from Fox News over debunked wiretapping claims". The Washington Post. Retrieved April 21, 2019.
  41. ^ Wang, Amy B. (March 29, 2017). "Suspended Fox News expert returns – and doubles down on baseless wiretapping claims". The Washington Post. Retrieved April 21, 2019.
  42. ^ a b c d e "Napolitano, Stewart debate the Civil War". PunditFact. Retrieved April 15, 2017.
  43. ^ a b c Cosman, Ben. "Andrew Napolitano Goes on 'The Daily Show' to Debate Abraham Lincoln". The Atlantic. Retrieved April 15, 2017.
  44. ^ "Napolitano: Lincoln tried to arm the slaves". @politifact. Retrieved April 15, 2017.
  45. ^ . The Advertiser-News. Straus Newspapers. March 27, 2008. Archived from the original on March 5, 2012. "We collected 800 gallons of sap from our sugar maples and had it boiled down to 24 gallons of delicious, pure maple syrup that area residents can sample from the local shops that have agreed to carry our glass-jarred, locally made syrup," said FoxNews commentator Judge Andrew P. Napolitano, proprietor of Vine Hill Farm.
  46. ^ MacIntyre, April (November 18, 2010). . Monsters and Critics. Archived from the original on March 2, 2014. Retrieved August 9, 2012.
  47. ^ . Glenn Beck Program. November 24, 2010. Archived from the original on November 22, 2012. Retrieved August 9, 2012.
  48. ^ Judge Andrew Napolitano, Jon Stewart (June 24, 2015). Andrew Napolitano - Video Clip. The Daily Show with Jon Stewart (episode 20125). Comedy Central. Event occurs at 4:50.
  49. ^ Napolitano, Andrew P. (December 4, 2013). "Napolitano: Pope Francis should be saving souls, not pocketbooks". The Washington Times. Retrieved April 9, 2020.
  50. ^ Napolitano, Andrew P. (September 24, 2015). "Is the Pope a False Prophet?". creators.com. Retrieved April 9, 2020.
  51. ^ Riley, John (September 29, 2020). "New Jersey man accuses Judge Andrew Napolitano of forcing him to engage in "bizarre sex act"". Metro Weekly.
  52. ^ "Accusers Drop Suits Against Ex-Judge, Former Fox News Commentator Andrew Napolitano". New Jersey Law Journal.

External links Edit

  • Official website
  • Appearances on C-SPAN
  • Andrew Napolitano at IMDb
  • at foxnews.com
  • Biographical profile at Independent Institute
  • Articles by Napolitano at Creator.com
  • Articles by Napolitano at Reason
  • Brian and The Judge
  • The Judge's Farm at Vine Hill

andrew, napolitano, andrew, peter, napolitano, born, june, 1950, american, former, jurist, syndicated, columnist, whose, work, appears, numerous, publications, including, washington, times, reason, napolitano, served, jersey, superior, court, judge, from, 1987. Andrew Peter Napolitano 1 born June 6 1950 is an American former jurist and syndicated columnist whose work appears in numerous publications including The Washington Times and Reason Napolitano served as a New Jersey Superior Court judge from 1987 to 1995 He also served as a visiting professor at Widener University Delaware Law School Seton Hall University School of Law and Brooklyn Law School Beginning in 1997 he became an analyst for Fox News commenting on legal news and trials Napolitano was removed from the network in August 2021 following sexual assault allegations He has written nine books on legal and political subjects Andrew NapolitanoJudge of the New Jersey Superior CourtIn office 1987 1995Appointed byThomas KeanPersonal detailsBornAndrew Peter Napolitano 1950 06 06 June 6 1950 age 73 Newark New Jersey U S Political partyLibertarianEducationPrinceton University BA University of Notre Dame JD SignatureWebsiteOfficial website Contents 1 Early life and judicial and academic career 2 Media career 3 Politics 3 1 Specific positions 3 2 Judicial philosophy 3 2 1 Allegations that British intelligence wiretapped Trump Tower 3 2 2 Civil War views 4 Personal life 5 Bibliography 6 References 7 External linksEarly life and judicial and academic career EditNapolitano was born in Newark New Jersey He graduated with an A B in history from Princeton University in 1972 after completing a senior thesis titled An Essay on the Origin and Evolution of Representative Government in the Colony of the Massachusetts Bay 1630 1644 2 He received his J D from Notre Dame Law School 3 and was admitted to the New Jersey bar in 1975 citation needed After law school he entered private practice as a litigator He first taught law for a brief period in 1980 1981 at Delaware Law School now Widener He sat on the New Jersey bench from 1987 to 1995 becoming the state s youngest then sitting Superior Court judge 4 Napolitano resigned his judgeship in 1995 to return to private practice He served as an adjunct professor at Seton Hall University School of Law for 11 years from 1989 to 2000 He served as a visiting professor at Brooklyn Law School from 2013 to 2017 citation needed Napolitano told friends in 2017 that President Donald Trump told him he was considering him for a United States Supreme Court appointment should there be a second vacancy 5 Ultimately Judge Brett Kavanaugh was chosen instead Media career Edit nbsp Napolitano 2010Before joining Fox as a news analyst Napolitano was the presiding judge for the first season of Twentieth Television s syndicated court show Power of Attorney 2000 02 in which people brought small claims disputes to a televised courtroom Differing from similar formats the plaintiffs and defendants were represented pro bono by famous attorneys He departed the series after its first season From 2006 to 2010 Napolitano co hosted a talk radio show on Fox News Radio with Brian Kilmeade titled Brian and the Judge He hosted a daily libertarian talk show called Freedom Watch that aired on Fox Business Channel Frequent guests on Freedom Watch were Congressman Ron Paul Lew Rockwell and Peter Schiff He promoted the works of Friedrich Hayek and Ludwig von Mises in his program The show originally aired every Wednesday at 2 00 p m on Fox News Strategy Room and from September 14 2009 aired three to four times a week On June 12 2010 it debuted as a weekly show on Fox Business It was one of several programs dropped in February 2012 when FBN revamped its primetime lineup 6 Napolitano regularly substituted for television host Glenn Beck when Beck was absent from his program After Beck announced that he would be leaving Fox News he asked Napolitano to replace him 7 He regularly provided legal analysis on top rated shows on both Fox News Channel and Fox Business Network such as The Kelly File The O Reilly Factor Varney amp Co The Fox Report with Shepard Smith Fox amp Friends and Special Report with Bret Baier until an appearance on March 16 2017 related to a then postulated conspiracy theory involving President Trump s accusation that former President Barack Obama had wiretapped him On March 20 2017 the Los Angeles Times reported that Napolitano was pulled off the air indefinitely because of the wiretapping claims 8 however it was unclear whether Napolitano would return to the air or whether it was just a temporary move to remove him from the news cycle 9 He returned to the air on March 29 and stood by his claims concerning British intelligence 10 A new book by CNN reporter Brian Stelter asserts that Attorney General William Barr met with Fox News boss Rupert Murdoch in October 2019 to request that Murdoch muzzle Napolitano and that Napolitano s Fox appearances have been limited since that meeting 11 12 Napolitano was let go from his position as a contributor to Fox News in August 2021 after allegations of sexual harassment filed by a Fox Business production assistant 13 14 During his 24 year tenure as Fox News Senior Judicial Analyst Napolitano appeared on air more than 14 500 times 15 16 a record for any on air personality at the network citation needed Politics EditSpecific positions Edit Napolitano is anti abortion and holds that abortion should be prohibited 17 He reasons that while a woman has a natural and undeniable right to privacy in her personal choices the rule of necessity causes the right to life of the fetus which he believes to begin at conception to take priority for the duration of gestation He believes the Supreme Court s ruling on interracial marriage in Loving v Virginia 1967 set a precedent that would also require state recognition of same sex marriage 18 He opposes capital punishment saying I don t believe that the state has the moral authority to execute 19 He is a believer in the separation of Church and State With respect to both presidents Bush and Obama and their handling of civil liberties in the War on Terror Napolitano is a strong critic In both his scholarly work appearing in the New York University School of Law Journal of Law and Liberty and in his book Suicide Pact he criticized the actions of both presidents and their parties concerning torture domestic spying unilateral executive action and encroachments on political power In February 2014 Napolitano expressed disdain for Abraham Lincoln on Fox News saying I am a contrarian on Abraham Lincoln Slavery in the U S according to Napolitano while one of the most deplorable institutions in human history could have been done away with peacefully sparing the bloodiest conflict in American history At the same time he also argued that states where slavery was legal did not secede out of fear of abolitionism asserting that largely the impetus for secession was tariffs which most Civil War historians dispute 20 In his book Suicide Pact he focused his criticism of Lincoln on the precedent set by his specific constitutional violations such as his unilateral suspension of the right to habeas corpus and his institutionalization of military commission systems for civilian crimes After the release of the Mueller report on Russian interference in the 2016 election Napolitano said the report showed that Trump engaged in numerous instances of obstruction of justice However the report deliberately refused to make a firm conclusion about obstruction of justice accusations 21 According to The New York Times Napolitano has a taste for conspiracy theories 22 The Washington Post has described him as a purveyor of conspiracy theories 23 Napolitano has promoted 9 11 conspiracy theories In 2010 he said It s hard for me to believe that it 7 World Trade Center came down by itself I am gratified to see that people across the board are interested I think twenty years from now people will look at 9 11 the way we look at the assassination of JFK today It couldn t possibly have been done the way the government told us 24 25 Judicial philosophy Edit Napolitano subscribes to a natural law jurisprudence that is influenced by a respect for originalist ideas and methods He has expressed strong sympathies with the Randy Barnett new originalist vein of originalism as it incorporates the natural law through an original understanding of the Ninth Amendment He has published a favorable column on Barnett s idea of a constitutional presumption of liberty 26 Napolitano s philosophy generally leans towards strong originalism while not accepting the limitations of the older types of originalism espoused by Robert Bork and Justice Antonin Scalia concerning the Constitution s open ended provisions like the Ninth Amendment He finds such limitations too restrictive on a judge s ability to apply the natural law to decide cases where the individual s liberty is at stake He is a strong believer in economic liberties He argues that Lochner v New York was overruled in error in the West Coast Hotel case as the Contracts Clause and the Fifth and Fourteenth Amendment due process clauses protect a sphere of personal economic liberty 27 In September 2015 Napolitano was the featured speaker at a conference held by the Republican government watchdog group Judicial Watch 28 Allegations that British intelligence wiretapped Trump Tower Edit Further information Trump Tower wiretapping allegations On March 16 2017 citing three unnamed intelligence sources Napolitano said on the program Fox amp Friends that Britain s top intelligence agency Government Communications Headquarters GCHQ had engaged in covert electronic surveillance of then candidate Donald Trump during the 2016 presidential campaign on orders from President Obama 22 He said that by using the British intelligence apparatus Obama would avoid leaving fingerprints that could identify the origin of this surveillance action In response to Fox amp Friends host Brian Kilmead stating that Napolitano was claiming Trump s phone was wiretapped Napolitano denied actual physical tampering instead citing the agency has digital access to digital information In a column on the Fox website he wrote that GCHQ most likely provided Obama with transcripts of Trump s calls The NSA has given GCHQ full 24 7 access to its computers so GCHQ a foreign intelligence agency that like the NSA operates outside our constitutional norms has the digital versions of all electronic communications made in America in 2016 including Trump s 29 One of his sources was former Central Intelligence Agency CIA officer Larry C Johnson who later told CNN that Napolitano had misrepresented the statements he made on an online discussion board Johnson citing two anonymous sources claimed that the GCHQ was passing information on the Trump campaign to U S intelligence through a back channel but stressed that the GCHQ did not wiretap Trump or his associates and that alleged information sharing by the GCHQ was not done at the direction of the Obama administration 30 31 On March 16 White House Press Secretary Sean Spicer repeated Napolitano s claim at a White House press briefing The following day GCHQ responded with a rare public statement Recent allegations made by media commentator Judge Andrew Napolitano about GCHQ being asked to conduct wiretapping against the then president elect are nonsense They are utterly ridiculous and should be ignored 32 A British government source said the allegation was totally untrue and quite frankly absurd 33 Admiral Michael S Rogers director of the National Security Agency said he has seen nothing to suggest that there was any such activity nor any request to do so 34 Former GCHQ director David Omand told the Financial Times that The suggestion that Barack Obama asked GCHQ to spy on Trump is just completely barking that would be evident to anyone who knew the system 35 The claim started a diplomatic dispute with Britain Tim Farron the Liberal Democrat leader in Britain said Trump is compromising the vital UK US security relationship to try to cover his own embarrassment This harms our and US security 33 The Telegraph said that two U S officials had personally apologized for the allegation 33 The British government also said that the U S government promised not to repeat these claims 35 36 The White House denied reports that it had apologized to the British government saying Spicer was merely pointing to public reports without endorsing them 33 37 On April 12 2017 The Guardian reported that GCHQ and other European intelligence agencies had intercepted communications between members of the Trump campaign team and Russian officials and shared the intelligence with their U S counterparts The communications were obtained through incidental collection as part of routine surveillance of Russian intelligence assets not from a targeted operation against Trump or his campaign 38 39 Fox News distanced itself from Napolitano s claims and suspended him from contributing to the network s output according to the Los Angeles Times and the Associated Press 40 He returned on March 29 after a nearly two week absence but continued to support his earlier claims 41 Civil War views Edit Napolitano has made numerous claims about the Civil War which are rejected by historians These claims include that the Civil War was Abraham Lincoln s war by choice that slavery was dying anyway that Lincoln could have freed the slaves by paying the slaveholders and that Lincoln armed the slaves 42 43 More specifically in a Daily Show segment he said that Lincoln started the war because he wanted to preserve the union because he needed the tariffs from the southern states a claim rejected by a panel of three distinguished historians of the Civil War James Oakes Eric Foner and Manisha Sinha 43 Napolitano argued that Lincoln could have solved the slavery question by paying slaveholders to release their slaves a method known as compensated emancipation thereby avoiding war 42 Lincoln did offer to pay to free the slaves in Delaware but the Delaware legislature rejected him 42 He also asserted that Lincoln attempted to arm slaves but two prominent historians of the Civil War said they had never heard of such an effort and PolitiFact rated the claim pants on fire 42 44 He has asserted that slavery was dying a natural death at the time of the Civil War a claim that Eric Foner on the Daily Show panel rejected Foner said Slavery was not only viable it was growing This idea that it was dying out or was going to die out is ridiculous 43 Napolitano has also said that Lincoln enforced the Fugitive Slave Act until the Civil War was over by sending escaped slaves back to their owners PolitiFact notes that while there were cases when Lincoln enforced the law during the Civil War he did so selectively when he thought it would help keep border states in the Union fold When it came to slaves from Confederate states the weight of the government actions fell heavily on the side of refusing to return escaped slaves Furthermore his claim that Lincoln enforced the act until the Civil War was over was indisputably false as the Fugitive Slave Act was repealed in June 1864 more than ten months before the end of the war 42 Personal life EditNapolitano splits his time living in Manhattan and Newton New Jersey where he owns a farm that produces maple syrup 45 Napolitano has stated that he is not related to former Secretary of Homeland Security Janet Napolitano whom he sometimes jokingly calls Evil Cousin Janet 46 47 Napolitano is a vegetarian 48 Napolitano identifies as a Traditionalist Catholic who is opposed to the reforms of Vatican II and is critical of Pope Francis 49 50 Napolitano was sued by two New Jersey men alleging sexual assault dating in one case to his time on the bench 51 Napolitano countersued in one case bringing a libel case All three suits were later withdrawn and it is reportedly unclear whether any financial settlement occurred 52 Bibliography EditBooks Constitutional Chaos What Happens When the Government Breaks its Own Laws 2004 ISBN 978 0785260837 The Constitution in Exile How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land 2006 ISBN 978 1595550705 A Nation of Sheep 2007 ISBN 978 1595551924 Dred Scott s Revenge A Legal History of Race and Freedom in America 2009 ISBN 978 1418575571 Lies the Government Told You Myth Power and Deception in American History 2010 ISBN 978 1418584245 It is Dangerous to be Right When the Government is Wrong The Case for Personal Freedom 2011 ISBN 978 1595554130 Theodore and Woodrow How Two American Presidents Destroyed Constitutional Freedom 2012 ISBN 978 1595554215 The Freedom Answer Book How the Government Is Taking Away Your Constitutional Freedoms 2013 ISBN 978 1400320295 Suicide Pact The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty 2014 ISBN 978 0718021931 Book contributions Introduction In Shattered Dreams 100 Stories of Government Abuse Foreword by Ted Nugent Washington National Center for Public Policy Research 2007 p 7 ISBN 978 0966596137 A Judicial Odyssey Toward Freedom In I Chose Liberty Autobiographies of Contemporary Libertarians compiled by Walter Block Auburn Alabama Ludwig von Mises Institute 2010 pp 231 235 ISBN 978 1610160025 Foreword In Robert Higgs Taking a Stand Reflections on Life Liberty and the Economy Independent Institute 2015 pp xv xvii ISBN 978 1598132045 Foreword In Murray N Rothbard The Progressive Era edited by Patrick Newman Auburn Alabama Ludwig von Mises Institute 2017 pp 9 13 ISBN 978 1610166775 Audiobook available Book reviews Judge Napolitano Gives Verdict on Robert Higgs Books Review of Taking a Stand Reflections on Life Liberty and the Economy by Robert Higgs The Independent Quarterly Newsletter Vol 25 No 4 p 1 Winter 2016 Full issue available The Camp of the Saints Review of The Camp of the Saints by Jean Raspail Creators October 25 2018 Academic works The News Person s Shield Law A Welcome Acceptance by the Federal Courts of an Important State Privilege New Jersey Lawyer Magazine Vol 113 pp 13 17 November 1985 Whatever Happened to Freedom of Speech A Defense of State Interest of the Highest Order as a Unifying Standard for Erratic First Amendment Jurisprudence Seton Hall Law Review Vol 29 pp 1197 1276 1999 Liberty v Tyranny A Constant Struggle Regent University Law Review Vol 22 No 2 pp 291 299 2010 Full issue available This speech was originally presented as the keynote address to the Regent University Law Review and The Federalist Society for Law amp Public Policy Studies Media and the Law Symposium at Regent University School of Law October 9 10 2009 under the title When Does Regulation Go Too Far dd A Legal History of National Security Law and Individual Rights in the United States New York University Law School Journal of Law amp Liberty Vol 8 pp 396 555 2014 Full issue available Protecting Hatred Preserves Freedom Why Offensive Expressions Command Constitutional Protection Journal of Law and Policy Vol 25 No 1 pp 161 184 2016 Full issue available Freedom s Anchor An Introduction to Natural Law Jurisprudence in American Constitutional History 2023 ISBN 978 1680537079 References Edit The Law School The Degree of Juris Doctor PDF 1975 Commencement Weekend University of Notre Dame p 23 Napolitano Andrew Peter 1972 An Essay on the Origin and Evolution of Representative Government in the Colony of the Massachusetts Bay 1630 1644 Thesis Princeton University Andrew Napolitano Breaking News Photos and Videos The Hill Retrieved September 10 2023 Ex NJ judge pulled from Fox after Trump wiretapping claims report says March 21 2017 Napolitano told friends he was on Trump s Supreme Court shortlist Politico March 25 2017 Fox Business Network Drops Bolling Napolitano Shows In Primetime Shuffle Mediaite February 9 2012 Retrieved April 25 2015 Glenn Beck s Fill In on Fox News Draws the Same Audience as Glenn Beck TheWrap March 14 2011 Retrieved April 25 2015 Battaglio Stephen March 20 2017 Fox News pulls Judge Napolitano over his Trump wiretap claims Los Angeles Times Retrieved March 22 2017 Koblin John March 21 2017 Fox News Sidelines Andrew Napolitano After Wiretap Allegation The New York Times Retrieved March 22 2017 Byers Dylan March 29 2017 Andrew Napolitano returns to Fox News stands by false spying claim CNNMoney Retrieved March 29 2017 Pengelly Martin August 22 2020 William Barr told Murdoch to muzzle Fox News Trump critic new book says The Guardian Retrieved August 23 2020 Stelter Brian 2020 Hoax Donald Trump Fox News and the Dangerous Distortion of Truth Simon amp Schuster p 368 ISBN 978 1982142445 Retrieved August 23 2020 Mastrangelo Dominick August 2 2021 Andrew Napolitano out at Fox News amid allegations of harassment The Hill Retrieved April 27 2023 Shafer Ellise August 3 2021 Judge Andrew Napolitano Ousted by Fox News Following Sexual Harassment Allegations Variety Retrieved April 27 2023 Alumni Faculty Forum The News About the News The State of Journalism May 20 2022 Archived from the original on September 1 2022 Retrieved August 31 2022 Theater 555 To Present Judge Andrew Napilitano Stories from the Fields of Freedom Broadway World May 20 2022 Retrieved August 31 2022 Nick Gillespie from the March 2005 issue March 2005 The Born Again Individualist Reason Magazine Reason com Retrieved April 6 2011 Should States Be the Ultimate Deciders of the Legality of Same Sex Marriage Fox News May 9 2012 Archived from the original on January 23 2013 Retrieved August 18 2012 Nick Gillespie from the March 2005 issue March 2005 The Born Again Individualist Reason Magazine Reason com Retrieved October 26 2013 Denunciation Proclamation thedailyshow com Retrieved April 25 2015 Fox News Andrew Napolitano says Trump committed obstruction of justice at least a half dozen times theweek com April 25 2019 Retrieved April 25 2019 a b Grynbaum Michael M March 17 2017 Fox s Andrew Napolitano Stirred the Pot for Trump s British Tempest The New York Times ISSN 0362 4331 Retrieved March 18 2017 Hawkins Derek March 21 2017 Andrew Napolitano reportedly pulled from Fox News over debunked wiretapping claims The Washington Post Retrieved March 21 2017 Fox takes heat from left and right over analysts Archived from the original on December 18 2021 Retrieved March 18 2017 Andrew Napolitano Fox Business Host Reveals He Is A 9 11 Truther The Huffington Post November 24 2010 Retrieved March 18 2017 Andrew Napolitano on the Importance of the Presumption of Liberty Reason com October 30 2014 Retrieved April 25 2015 Suicide Pact pp 66 67 Judicial Watch September 10 2015 Judicial Watch Announces September 14 Leadership Summit Washington Corruption and the Transparency Crisis Press release Washington DC Judicial Watch Napolitano Andrew March 16 2017 Andrew Napolitano Did Obama spy on Trump Fox News Master Cyra March 19 2017 Ex intelligence official Napolitano s British wiretapping claim didn t get it right TheHill Retrieved April 4 2017 Disis Jill March 19 2017 Consultant says he wasn t knowingly source for Napolitano report CNNMoney Retrieved April 4 2017 Gambino Lauren Rawlinson Kevin March 17 2017 GCHQ dismisses utterly ridiculous claim it helped wiretap Trump The Guardian Retrieved March 17 2017 a b c d Swinford Steven March 18 2017 Donald Trump fuels diplomatic row with Britain after apology from US officials over GCHQ wiretapping claims The Telegraph Retrieved March 21 2017 Shane Scott March 20 2017 Highlights From the House Hearing on Russian Interference in the U S Election The New York Times Retrieved March 21 2017 a b Weaver Jones March 17 2017 White House reassures UK it will not repeat Trump spying claim Financial Times Adam Karla March 17 2017 Britain White House says it won t repeat claims that a British agency wiretapped Trump The Washington Post Retrieved March 18 2017 Westcott Ben Merica Dan Sciutto Jim March 17 2017 White House No apology to British government over spying claims CNN Retrieved March 18 2017 Harding Luke Kirchgaessner Stephanie Hopkins Nick April 13 2017 British spies were first to spot Trump team s links with Russia The Guardian ISSN 0261 3077 Retrieved May 12 2017 Jim Sciutto Pamela Brown Eric Bradner April 13 2017 British intelligence passed Trump associates communications with Russians on to US counterparts CNN Retrieved May 12 2017 Hawkins Derek March 21 2017 Andrew Napolitano reportedly pulled from Fox News over debunked wiretapping claims The Washington Post Retrieved April 21 2019 Wang Amy B March 29 2017 Suspended Fox News expert returns and doubles down on baseless wiretapping claims The Washington Post Retrieved April 21 2019 a b c d e Napolitano Stewart debate the Civil War PunditFact Retrieved April 15 2017 a b c Cosman Ben Andrew Napolitano Goes on The Daily Show to Debate Abraham Lincoln The Atlantic Retrieved April 15 2017 Napolitano Lincoln tried to arm the slaves politifact Retrieved April 15 2017 Sussex County maple syrup available The Advertiser News Straus Newspapers March 27 2008 Archived from the original on March 5 2012 We collected 800 gallons of sap from our sugar maples and had it boiled down to 24 gallons of delicious pure maple syrup that area residents can sample from the local shops that have agreed to carry our glass jarred locally made syrup said FoxNews commentator Judge Andrew P Napolitano proprietor of Vine Hill Farm MacIntyre April November 18 2010 Judge Andrew Napolitano s fatwa on TSA and cousin Janet on FBN Monsters and Critics Archived from the original on March 2 2014 Retrieved August 9 2012 Glenn Beck TSA pat downs a violation of the Fourth Amendment Glenn Beck Program November 24 2010 Archived from the original on November 22 2012 Retrieved August 9 2012 Judge Andrew Napolitano Jon Stewart June 24 2015 Andrew Napolitano Video Clip The Daily Show with Jon Stewart episode 20125 Comedy Central Event occurs at 4 50 Napolitano Andrew P December 4 2013 Napolitano Pope Francis should be saving souls not pocketbooks The Washington Times Retrieved April 9 2020 Napolitano Andrew P September 24 2015 Is the Pope a False Prophet creators com Retrieved April 9 2020 Riley John September 29 2020 New Jersey man accuses Judge Andrew Napolitano of forcing him to engage in bizarre sex act Metro Weekly Accusers Drop Suits Against Ex Judge Former Fox News Commentator Andrew Napolitano New Jersey Law Journal External links Edit nbsp Biography portal nbsp Wikiquote has quotations related to Andrew Napolitano Official website Appearances on C SPAN Andrew Napolitano at IMDb Biographical profile at foxnews com Biographical profile at Independent Institute Articles by Napolitano at Creator com Articles by Napolitano at Reason Freedom Watch with The Judge Brian and The Judge The Judge s Farm at Vine Hill Retrieved from https en wikipedia org w index php title Andrew Napolitano amp oldid 1179914446, wikipedia, wiki, book, books, library,

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