Andrew P. Napolitano

In April of this year, the FBI began an investigation to determine who was using illegal software to spy from within the United States on persons in Mexico. The software was illegal because its Israeli manufacturer, a company called NSO, had previously crafted other software for the FBI, which President Joseph Biden had put on … Continue reading “The FBI Unwittingly Investigates Itself!”

"Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it." – Judge Learned Hand (1872-1961) Late last week, a judge on the Foreign Intelligence Surveillance Court revealed that he had … Continue reading “Has Liberty Died in Our Hearts?”

In 1928, the late Supreme Court Justice Louis D. Brandeis characterized the values underlying the Fourth Amendment to the U.S. Constitution as embracing the uniquely American right, and the right most valued by civilized persons, which he called the right to be let alone. Today we call it the right to privacy. He also warned … Continue reading “No Warrant, No Problem”

In a public courtroom of the United States of America, in which a high-level criminal case is being tried, the prosecutors are permitted to press a buzzer on their table in the midst of argument to the court by defense counsel. The buzzer cuts off the courtroom’s public address system, and then the judge silences … Continue reading “State Secrets Undermine Due Process”

"We may even cheer on those who ask us to … forfeit our personal freedoms. Of course, this is no new story. Even the ancients warned that democracies can degenerate toward autocracy in the face of fear. … And rule by indefinite emergency edict risks leaving all of us with a shell of a democracy … Continue reading “FISA and Freedom”

The federal government recently revealed that at least 50 U.S. government personnel working in 10 foreign countries have had their mobile devices hacked by unknown persons who employed software known as "zero-click." The zero-click product, called Pegasus, is manufactured by an Israeli high-tech company, called NSO Group. Pegasus enables the user to download the contents … Continue reading “The Feds and Their Copycats”

Last week, FBI officials boasted that in 2022 their agents had spied on only 120,000 Americans without search warrants! Under the Constitution, that number should be ZERO. This revelation is supposed to give members of Congress comfort that the folks we have hired to preserve, protect and defend the Constitution are in fact doing so. … Continue reading “Does the Federal Government Believe in the Constitution?”

The arrest last week of 21-year-old air National Guardsman Jack Teixeira on charges of espionage has sparked a debate in the intelligence community and elsewhere about whether his behavior is criminal or heroic. He apparently shared top-secret intelligence and military briefings – to which he had lawful access – with folks in his chatroom, at … Continue reading “Secrecy Versus Truth”

Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without search warrants. The actual request was to re-authorize Section 702 of the Foreign Intelligence Surveillance Act of 1978. FISA requires warrants from the FISA Court for all domestic spying. Section 702 is a 2008 amendment to FISA. … Continue reading “Spying In Plain Sight”

Which is more destructive to personal liberty, a government that engages in secret acts of war or a public and news media that are indifferent to it? In the current American toxic stew of anti-Russian hatred and beating the drums of war – in President Joe Biden’s America – we have both. Here is the … Continue reading “War and Indifference”