The U.S. is waging war on Russia without a congressional declaration and in violation of treaty that requires the consent of the United Nations, writes Andrew Napolitano.
Even in the military, the secretary of defense cannot change the rules and procedures for criminal prosecutions and tell military judges how to try cases, writes Andrew P. Napolitano.
Congress has not declared war on Iran; nor has it authorized the use of U.S. military forces against it, writes Andrew P. Napolitano. Yet the White House says it is sending around 100 troops to Israel.
Whatever one thinks of Elon Musk, the government has no business exercising the levers of power against him based on his political speech, writes Andrew P. Napolitano.
The government knows how to evade an uncomfortable constitutional provision or High Court opinion, writes Andrew P. Napolitano regarding a case involving Donald Trump, Jack Smith and Elon Musk.
In a traditional trial of the Gitmo defendants, versus a plea agreement, George W. Bush et. al. could be indicted and tried in foreign countries for war crimes, writes Andrew P. Napolitano.
When the feds claim that articulating views of the war in Ukraine from a Russian perspective is somehow criminal they ignore the core purpose of the First Amendment, writes Andrew P. Napolitano.
Andrew P. Napolitano on a state of affairs unheard of in American jurisprudence, where judges don’t have bosses telling them what guilty pleas to accept and what to reject.
The feds apparently believe that the First Amendment has some holes in it for the speech that the government hates and fears, writes Andrew P. Napolitano.