my guest, my guest on tonight's program judge andrew napolitano. he's going to come on. we're going to talk about lincoln, hot or not? [laughter] i, of course, say hot. i love a good beard. let me tell you this: first we're going to turn to crimea. as you know crimea is a region. [ laughter ] in the southeastern part of ukraine that juts out to the black sea and is well known for its charges of its light brigades. [ laughter ] who against all odds don't actually win. you pretty much -- let me tell you something. you want to bet the odds on the light brigade because they go down pretty hard. nobody? tennyson, nobody? all right. americans know nothing about the crimea beyond what was assigned to them in that one english class in eighth grade. >> i think crimea is lost. >> i don't think they'll put owl the there. >> crimea is effectively gone. >> is it lost? >> i'm afraid so. >> you think crimea is gone? >> i do. >> jon: where is crimea? it's all gone! it's gone. crimea. oh, crimea. we hardly knew ye. [ laughter ] seriously, we knew nothing about ye. [ laughter ] because ye

my guest, my guest on tonight's program judge andrew napolitano. he's going to come on. we're going to talk about lincoln, hot or not? [laughter] i, of course, say hot. i love a good beard. let me tell you this: first we're going to turn to crimea.

we're going to get answers from judge andrew napolitano. adam: facebook's mark zucker purring and google's eric schmidt head to the white house to protest those nsa spying programs. cheryl: two million people to sign up and ten days to begin. the countdown to obamacare's deadline as health insurance executives warn of double and even triple-digit premium hikes. a lot going on in this hour but first a stock alert for you right now. could it be the best week for stocks ever? what do you say? adam: i think not the best ever. [laughter] cheryl: well, the s&p we should tell you hitting a new intraday high and on track to close at an all-time high. the number to watch, 1879. the dow p as much as 124 points earlier in the session, united technology is helping drive those gains thanks to an upgrade from goldman sachs to buy from neutral. goldman says the company is well positioned in what they call a strengthening commercial aerospace after market, and meanwhile downgrading boeing from neutral to buy saying that even small, positive surprises on ne

my guest, my guest on tonight's program judge andrew napolitano. he's going to come on.lk about lincoln, hot or not? [laughter] i, of course, say hot. i love a good beard. let me tell you this: first we're going to turn to crimea. as you know crimea is a region. [ laughter ] in the southeastern part of ukraine that juts out

all eyes, judge andrew napolitano joins us from d.c. this is a tough one, judge.in on this? >> encompassing college students out private schools that received scholarships in the play on athletic teams that make money. you have to hit all of those buttons. this does not pertain to public schools. freshman cannot join the union. there is no law here. a commission of five people appointed by president obama. this will begin the grant marks of making college students professional athletes. charles: on a political side, it is a pretty serious hot potato. >> in the case of northwestern, with western generates a $30 million profit each year from football. those with full scholarships, about a 1.8 average. that $61,000 probably would be multiplied by a factor of 10. don't we already have professional football in this company? charles: i will bring in sandra. the only thing i would counter with that is the school should not get paid, the code should not get paid. >> it benefits the university as a whole. i was a student athlete. i was an amateur, but i was a student first

judge andrew napolitano. how are you doing, judge? >> good.is about money on both sides. >> huge amounts of money and the mrafs are looking for what? >> plaintiffs are looking to be representative of a class. and suing for all present and recent college athletes and all of them should be put in one pot and that number should be be devoided in all of the cash that fls generated by the sports and they should get a chunk. >> they are getting a full ride scholarship. and that is 40 or 50,000. >> that will be part of the defense by the ncaa. but the plaintiffs say we have collectively earned billions with a b for the colleges and we are prohibited for asking for payment. their rules violate anti- trust. on its face they make a good argument on the face as you read the argument. my god, do we want college athletes negotiating for what hay are worth. that will radically change. >> that might be a moral question but i don't know if it is it a legal question. >> should the relationship tone college and athletes be changed by a single judge or congress.

judge andrew napolitano, fox news senior judicial analyst, juan williams, columnist with "the hill" newspaperyndicated columnist charles krauthammerch the president and the pope had two very different readouts of their meeting today. the president came out afterwards and in a news conference he said they talked primarily about income inequality and conflicts around the world, but the vatican had a different read out. let put it up on the screen. they said that the two men discussed the exercise of the rights to religious freedom, life and conscientious objection meaning the birth control mandate in obamacare and abortion. judge napolitano, how do you explain the apparent contradiction? >> i guess the president didn't want to appear to be chastized by -- by the pope or by the cardinal who is the secretary of state whose office actually issued that statement. look, this is clearly on the mind of the vatican. it's on the mind of the vatican because i cannot tell you a time in american history in the modern era, post-civil war era, when the catholic church has been so aligned uniformly against th

syndicated columnist george will, juan williams, columnist with "the hill" and judge andrew napolitano, fox news senior judicial analyst. we've been talking about obamacare and how many that played and will play in 2014. here's what minority leader -- house minority leader pelosi said about that today. >> i'm very proud of our house democrats and how they have not only embraced the affordable care act but they helped create it but how proud they are of it. i think that the republicans are wasting their time using that as their electoral issue, and they will find that out. >> okay. judge, thoughts? >> well, i think in terms of what she's speaking about, she's really misreading the country. i mean, the rollout was a disaster, the enforcement of it is a disaster. i would defy anybody to say what's being enforced and what parts are not and the democrats are running from it. i think that this is the republicans' strongest argument for increasing their -- their status in the senate, perhaps taking it over and increasing their numbers in the house. every single democrat seeking re-election vo

let's get right to our senior judicial analyst, judge andrew napolitano.ect me if i'm wrong on any of those matters. and is it a violation, or is that you want for interpretation? >> you're not wrong, shep. and it was, as usual, an excellent summary, not only of what we just heard from secretary kerry, but of the history of this region. look, the violations of the law, local and international law, are profound and except for the words from president putin, essentially undisputed. to introduce military force into another country without then consent or invitation of the other country is a violation of a half dozen treaties. guess what, russia sits on the security council and will veto anything. that remdy is not going to happen. russia has already violated the laws of world in the geneva convention, shep, by having those people, who you observed on the streets yesterday when you were in crimea, they look like soldiers, but they have no insignia indicating what country sent them there, and it sounds like a novel, but it's not, and they're wearing white masks

judge andrew napolitano is here. judge, we want to know what comes next. have to ask you about cutting the mic. >> that is a violation of the house rules. we both interviewed him. he is a rational guy. i do not know what motivated this. stuart: he adjourned the meeting. >> i do not know what he was going to say. it sounded like he wanted to ask her a question. he has the right to put that statement in the record. my guess is that her lawyer and lawyers to the committee were negotiating for immunity. they spoke too quickly. that statement disrupted their negotiations. obviously, she has not been given immunity. once you give community, you give up. stuart: all right. she said nothing. we do not know the answers. >> they will probably go back to a private behind the doors negotiation. remember, queen for a day. say whatever you want to say. stuart: how do you know that behind closed doors she tells the truth? >> that maybe the reason they are not giving her immunity. you have to give immunity to the right person. she may not be the right person. stuart: beck

all rise, judge andrew napolitano is here. >> i suspect that her lawyers and the lawyers for the committeere attempting to negotiate an agreement which will govern her testimony. congressman isa probably was so happy that she may testify and may have jumped the gun. charles: jumped the gun in a sense of letting the public know? not granted immunity. >> he did not say what it was. i cannot imagine her testifying. she is exposing herself too3 criminal liability. remember, this is not an ordinary negotiation. she will have to testify. immunity removes that amount of protection. think about it. if the government has agreed they cannot prosecute you, you have no need for that protection. charles: she may be eager to get this over with. eager to testify. >> if she is not, she is facing years of civil and criminal litigation. i think she is eager to get it over with. the typical model is, you do not pick the top person. you do not pick the bottom person. you pick a present close enough to the bottom that they cannot testify against the person at the top. the top person is arguably the president o

judge andrew napolitano is here, and i know what he is going to say. >> the job of the surgeon generalto educate the public about public health, arguably one of the reasons i would've cut back on tobacco is because of what they did in the reagan years two generations ago. this nominee will broaden that base, will expand that obligation by saying guns are public health issue. the problem is guns are fundamental issue under the constitution, it is fundamental, the government cannot take it away unless you individually do something wrong. you have no obligation to talk about it. stuart: one of our producers went and filled out a form and the question was asked. is that unconstitutional to ask the question? you don't have to answer it. >> it is intimidating because people think they have to answer it. this one of the government's business, when i question the people asking me, and i knew them, a facility i am familiar with them and they with me they said we were chuckling because we were wondering how you would respond. we are required to ask it. you know i am required not to answer. they

judge andrew napolitano will tell us if hobby lobby can win their case.white house set to make a big announcement of their own about the nsa spying program. stick around after this. [ telephone rings ] [ shirley ] edward jones. [ male annncer ] with nearly 7 million investors... oh hey, neill, how are you? [ male announcer ...you'd expect us to have a highly skilled call center. kevin, neill holley's on line one. ok, great. [ male announcer ] and we do. it's how edward jones makes sense of investing. [ male announcer ] and we do. i've got a to-do list and five acres of fresh air. ♪ top three tools -- hammer, screwdriver, front loader. happiness is a drive-over mower deck. a john deere dealer can teach tractors to anybody. [ don ] in the right hands, an imatch quick-hitch could probably cure most of the world's problems. [ male announcer ] that's how we run, and nothing runs like a deere. visit your dealer or johndeere.com/1family. does your mouth often feel dry? a dry mouth can be a side effect of many medications but it can also lead to tooth decay and b

judge andrew napolitano.e says is this is first amendment, you should be able to say someone to allow the job. judge napolitano: the first amendment restrains the government. how does the government come in to play? the guy who owns this watch shot filed a subpoena against yeltsin in virginia to find out the identity of the complainers and yelp resisted the subpoena and the court ordered them to turn over the true name and ip address of whoever posted this review. the owner of the shop in new york can sue the person who walked in the shop because the critical posting is done anonymously. charles: why virginia? judge napolitano: regina is a long way to go. i don't know how it ended up in virginia. yelp is a delaware corporation and most of its hardware is in california. the person who claims to have suffered from this is in new york a couple blocks from where we are now. interestingly yelp -- not yelp, the guy that owns the watch shot may have very bright lawyers because they surveyed the libel laws of the cou

all rise, judge andrew napolitano is here. >> it is dreadful, directly violative of the prohibited astates interfering with lawful contracts. between tesla and the consumer. you don't need the middleman, the dealership. stuart: the law in new jersey says you have to have a dealer. >> nothing but protectionist legislation to protect business for the dealers in response to their lobbying. stuart: the dealers association gave a fortune to politicians. >> there you go. without picking on governor chris christie, this is one of the reasons conservatives have problems with him. it would make much more sense the people on this board appointed by governor chris christie. with a phone call he could have said let's try it out. it may bring more choices to consumers and lower prices. presented atmosphere at the free market can flourish, not protectionism. stuart: president obama will order an executive order today to expand the number of people who qualify for overtime pay. this is the president using his executive power, telling business we are expanding the area we can tell you what you have

judge andrew napolitano is with me watching as we speak.e will monitor the questions, and his answers. i thought that was fairly strongly worded. judge napolitano: i thought was very strongly worded for john kerry and this administration and whatever you think of president putin's behavior which is profoundly unlawful this was not a diplomatic overture to president putin. this was get out of our way because the dish if you don't unleash and return to the ukraine the crimean peninsula. stuart: no threat of the use of force at all. dow industrial average was up 210 points when john kerry started to speak. it is up 197 points. no threat of the use of force. judge napolitano: extremely unwise and unrealistic laughed at by vladimir putin. he has the upper hand with respect to the desert, there is next to nothing we can do militarily and i don't think he fears diplomatic or even financial -- charles: he talked about that, the idea that this is a double-edged sword. europe gets 30% of their oil and natural gas, 25% of coal. if you want to play tha

judge andrew napolitano is the one to talk about this, fox news senior judicial analyst.he basics before we get into the politics. >> okay. jenna: what type of mandatory sentences are we talking about here? >> we're talking about sending people to jail for five or 10 years with sufficient amount of marijuana which the person says for her own use but the government persuaded to a jury is so much marijuana you are probably going to sell it. there are heartbreaking situations where the person did possess it for their own use and didn't even use it on a regular basis. the sentencing of this person to five or 10 years in jail was profoundly unjust but the judges hands were forced. >> mandatory sentences i understand it, go into, five, 10, 20-year time range, sometimes longer than that depending on harsh the sentence is? >> jenna, there are thousands of americans as we speak in federal prisons, serving 20 years sentences they didn't harm anybody. they just harmed themselves. they are at present, either worse people before they went in or totally kicked their drug habit because

we're going to get answers from judge andrew napolitano. the white house to protest those nsa spying programs. cheryl: two million people to sign up and ten days to begin. the countdown to obamacare's deadline as health insurance executives warn of double and even triple-digit premium hikes. a lot going on in this hour but first a stock alert for you right now. could it be the best week for stocks ever? what do you say? adam: i think not the best ever. [laughter] cheryl: well, the s&p we should tell you hitting a new intraday high and on track

this and talk about what kind of dangerous waters we're in is fox news senior judicial analyst andrew napolitanoc.i.a. are spying on her but she made a mistake. >> she's outraged on a couple of things. first of all, she, senator dianne feinstein, is the chair of the senate intelligence committee. she is the biggest supporter of the intelligence community in the united states senate. for her to challenge some behavior of the intelligence community from the floor of the senate where she can legally say anything, she can legally reveal secrets, she cannot be charged ethically, she can't be sued, she can't be prosecuted for anything she does on the floor of the senate. she has the protection in the constitution. for her to go to the floor of theç senate and accuse the c.i.a. of breaking the law by torturing and breaking the law by hacking into her senate staff's computers is a game changer in the relationship between the congress and the c.i.a. i don't know where this is going to go to. now in fairness, the c.i.a. denies that it did this. >> in fact, here is john brennan. let's take a listen to wha

right now we've got fox news senior judicial analysts, judge andrew napolitano.ity program in which they opened pawn shops across the country trying to get the bad guys to bring the guns in and they could grab them. >> where did they open them up? in inner cities within 1,000 feet of middle and high schools. in every state in the union, it is a felony to carry a gun within is thousand feet of a school. we're not talking about the officers carrying their own guns. we're talking about the people that they lured in to their phony pawn shops in order to arrest those people. >> the people who had the really dangerous guns. >> correct. they were gang members, drug dealers, and people who had escaped prosecution. the atf sent people that brought us fast and furious, the same crazies who thought they could give guns to illegals, could lure them into within 1,000 feet of schools, create a crime, sell me a gun, and then they arrested these people. now, here is the kicker. they can do this under the current state of the law, they can do it. they -- >> it's legal? >> correct

joining us, judge andrew napolitano. how is it our fault? >> i wouldn't say it is our fault.t another blunder of the obama administration. yesterday i was about to go on with shep smith when all of a sudden popped up secretary kerry from paris. he made an interesting statement and he said, the people of ukraine are entitled to their own government. guess what? they had their own government until there were riots and demonstrations in the streets. who paid for and who formed the riots riots and demonstrations in the streets? if you listen to the tact and taped telephone call of deputy assistants secretary of state victoria nuland, we did. we fomented those riots because we didn't like them borrowing money from russia rather than from the e.u. we should have offered him that money at a better rate and he would have borrowed it from us and there would be peace there now. as a result, russian invasion, absolutely unlawful. soldiers wearing masks with no insignia and now they're going to an ex-crimea because we fomented these, the obama administration fomented these in the street.

here to weigh in is judge andrew napolitano.eme court opinions don't exist. maybe he wishes they didn't exist. but the supreme court has said in a famous case called heller and another case called mcdonald. the mcdonald case comes from chicago, from illinois, that the right to keep and bear arms is a fundamental liberty, comes from our humanity. it doesn't come from the constitution. the constitution prevents the government from interfering with it. now, this superintendent may wish the law were, as he says it is. but it is not. on the other hand, he comes from a culture which is the most antigun, pro-regulation culture in the united states of america. even more difficult than our home state of new jersey to keep and bear arms is the state of illinois. >> the parent said that they posted this on a facebook page and wanted to remain anonymous because he didn't want his son to be embarrassed at school because of all this. but he went and talked to the teacher and the head of the history department, they both agreed it need to do c

. >> here is fox news judicial analyst judge andrew napolitano. why now? the -- >> this is counter intuitive. this is a head scratcher. because government almostç always expands. it rarely sheds itself of some power or some responsibility. it's the nature of government to want to control more rather than control less. here we have the president of the united states. while the country and the world are fixated on the invasion in ukraine and the missing malaysian plane, while nobody is looking, say, "hey, by the way, we're giving up control of the internet. it's worked really well. if you want a domain name, it's fair. you can always get the name you want. there's plenty of band width but we're going to give up control." p.s., that vacuum we will create will be occupied by the two most totalitarian regimes on the planet, china and russia. you may say you're not a fan of government. doesn't the private management of things work better than the governmentç management of things? generally yes. >> does that not apply here to the competition? >> this is not str

so about this lawsuit -- here is the answer, judge andrew napolitano. >> nice to be with you.>> thank you. i appreciate that. what is this about? should cops be allowed to carry guns in nfl stadiums? do nfl stadiums have the right to stop them from doing it? what's your take? what about this law? >> great question. it's interesting that the nypd would be filing a lawsuit to carry guns at football stadiums. >> where are the unions? >> there is no football stadiums in new york city. because bush era federal law allows cops in state a to carry their guns in state b even though their guns are not licensed in state b and they're not consequence in state b. nypd sergeant living in queens, working in manhattan, taking his family to a football game to watch the jets or giants in new jersey would ordinarily be able to carry his gun. cops in new york carry them for off-duty. >> they want to put a friend of the court brief in. >> the issue is, can the owner of private property or the tenant of private property, trump federal law? so the owner of the jets and giants stadium, it's the jets