Andrew P. Napolitano

Last week, the government announced that it does not want to try Khalid Shaikh Mohammed and four of his colleagues whom it claims are the remaining conspirators of the attacks on 9/11. All five are awaiting trial at the U.S. Naval Base in Guantanamo Bay, Cuba. The allegations are that these five conspired to commit … Continue reading “Bush, Guantanamo, and the Rule of Law”

Last week, President Joseph R. Biden Jr. secretly reaffirmed his own self-willed authority to kill persons in other countries, so long as the CIA and its military counterparts have "near certainty" that the target of the homicide is a member of a terrorist organization. That standard was concocted by the Biden administration. There is no … Continue reading “Killing With Near Certainty”

When the Trump administration obtained an indictment of Edward Snowden for violation of the Espionage Act of 1917, many of us who believe that the Fourth Amendment means what it says were deeply critical of the government, and we remain so today. This week, retaining his American citizenship, Snowden became a Russian citizen. Snowden is … Continue reading “Edward Snowden: An American in Moscow”

What if the purpose of sending nearly $60 billion in cash and military aid to Ukraine is to extend the war Ukraine can only win if American troops become involved? What if the government is giving Ukraine more borrowed federal dollars in six months than Ukraine’s entire annual budget? What if the government wants American … Continue reading “Presidents Kill Because They Can”

"I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical." ~ Thomas Jefferson, January 30, 1787 When Thomas Jefferson wrote to his friend, neighbor and colleague, James Madison, his view that the basis of government must be to preserve liberty rather than order, the … Continue reading “Forever Prisoners”

"I prefer the tumult of liberty to the quiet of servitude." ~ Thomas Jefferson (1743-1826) It wasn’t until 1969 that the Supreme Court’s modern First Amendment jurisprudence made it clear that whenever there is a clash between the government and a person over the constitutionality of the person’s speech, the courts will give every benefit and draw every … Continue reading “Julian Assange and Personal Freedom”

Last week, at a pretrial hearing at Guantanamo Bay Naval Base in Cuba for Abd al-Rahim al-Nashiri, a Saudi who is charged with being the mastermind of an attack on the USS Cole in 2000 at which 17 American sailors were killed, the psychologist in charge of interrogating Nashiri described in vivid detail both the … Continue reading “Bloody Gina and Her Team of Torturers”

Last week, the Director of National Intelligence, the data-gathering and data-concealing arm of the American intelligence community masquerading as the head of it, revealed that in 2021, the FBI engaged in 3.4 million warrantless electronic searches of Americans. This is a direct and profound violation of the right to privacy in "persons, houses, papers, and … Continue reading “The Bill of Temporary Privileges”

Most judges and lawyers agree that the war on drugs in the past 50 years has seriously diminished the right to privacy guaranteed by the Fourth Amendment. Now a small group of legal academics is arguing that the war in Ukraine should be used to diminish property rights guaranteed by the Fifth Amendment. Here is … Continue reading “Using War To Assault Freedom”

President Joseph R. Biden caused a stir in the media last week when he called Russian President Vladimir Putin "a war criminal." Biden’s statement was apparently made to capitalize on the government’s and the American media’s monolithic anti-Russian messaging. Is Putin a war criminal? In a word: No. Here is the backstory. Criminals are persons … Continue reading “Is Putin a War Criminal?”