Andrew P. Napolitano

Is Government Faithful to the Constitution? When the government is waving at us with its right hand, so to speak, it is the government’s left hand that we should be watching. Just as a magician draws your attention to what he wants you to see so you will not observe how his trick is performed, … Continue reading “Is Government Faithful to the Constitution?”

When the head of the CIA’s torture unit decided to destroy videotapes of his team’s horrific work, he unwittingly set in motion a series of events that led to the release this week of the most massive, detailed documentation of unlawful behavior by high-ranking government officials and intentional infliction of pain on noncombatants by the … Continue reading “The CIA and Its Torturers”

Earlier this week, FBI Director James Comey gave an interview to “60 Minutes” during which he revealed a flawed understanding of personal freedom. He rightly distinguished what FBI agents do in their investigations of federal crimes from what the NSA does in its intelligence gathering, when the two federal agencies are looking for non-public data. … Continue reading “The Government and Freedom”

While the political commentators in the nation’s capital are wrapped up in the debate over what to do about ISIS, and as one third of the Senate and nearly all members of the House campaign for re-election, the president’s spies continue to capture massive amounts of personal information about hundreds of millions of us and … Continue reading “Parallel Reconstruction”

When President Obama attributed the rise in Iraq of the Islamic State, or ISIS, to the failures of the U.S. intelligence community earlier this week, naming and blaming directly National Intelligence Director Gen. James Clapper, he was attempting to deflect criticism of his own incompetence. He was discussing the fact that ISIS, right under his … Continue reading “Clapper Under the Bus”

James Madison is commonly referred to as the Father of the Constitution in large measure because, in the secrecy of the Constitutional Convention in Philadelphia in 1787, he kept the most complete set of notes. He also had a very keen mind and a modest demeanor and an uncanny ability to solidify consensus around basic … Continue reading “Waging War”

In some respects, the recent admission by CIA Director John Brennan that his agents and his lawyers have been spying on the senators whose job it is to monitor the agency should come as no surprise. The agency’s job is to steal and keep secrets, and implicit in those tasks, Brennan would no doubt argue, … Continue reading “Spying, Lying, and Torture”

“Chilling” is the word lawyers use to describe governmental behavior that does not directly interfere with constitutionally protected freedoms, but rather tends to deter folks from exercising them. Classic examples of “chilling” occurred in the 1970s, when FBI agents and U.S. Army soldiers, in business suits with badges displayed or in full uniform, showed up … Continue reading “Frightening People into Silence”

In what appears to be one of Edward Snowden’s final revelations, the former CIA and NSA agent has demonstrated conclusively that the National Security Agency has collected and analyzed the contents of emails, text messages, and mobile and landline telephone calls from nine non-targeted U.S. residents for every one U.S. resident it has targeted. This … Continue reading “Spying on Innocents”

After a brief holiday last week, I returned to some heavy reading courtesy of the federal government. Some of the materials that I read were gratifying, and one was terrifying. In one week, the Supreme Court told the police that if they want to examine the contents of our cellphones, whether at traffic stops or … Continue reading “Independence Day, 2014”