deirdre: fox news senior judicial analyst judge andrew napolitano is with me now. judge, great to have you here. >> good to be with you, deirdre, thank you. deirdre: i want you to listen if you don't mind to attorney general loretta lynch. she is very quiet on this issue of prosecuting hillary clinton. she was asked a direct question. sheer is what she said. >> with respect to our investigation how information was handled by the state department, how they handled classified information, as i'm sure you know that matter is being handled by career, independent, law enforcement agents, fbi agents as well as the career, independent, attorneys in the department of justice. they follow the evidence. they look at the law. and they will make a recommendation to me when the time is appropriate. deirdre: it seems silent. she said a lot without saying anything. >> a lot to read between the lines and there is a lot of wiggle room in there, no question about it. she's in an awkward position of being barack obama's appointee to be attorney general of the united states, about to r

fox news senior judicial analyst judge andrew napolitano is with me now.t to see. >> you good to see you, deirdre. deirdre: how do you see as a legal expert the supreme court's halt? >> the supreme court rarely does something where can you say always or never. this is a never. the supreme court has never before reached down to a case that isn't even before the court, it's in a court below the supreme court and ordered that court to stop the government from enforcing a rule -- deirdre: first time in history? >> correct. the epa is presumed to be filled with experts on the economy, understand the law, the economy, the environment, who understand the law, and will know what the environment needs. their job is to interpret the law, interpret the facts and come up with reasonable regulations. when they do this, the courts presume the regulations are valid and lawful. when the supreme court stops the regulation before it's enforced, it turns that presumption on its head. basically saying we're presuming it's invalid and unlawful. deirdre: don't think about it? >

judge andrew napolitano talk about why this decision is so rare and what it means for the president's plan. back next. ot, but ended up nowhere. now i use this. the nicoderm cq patch, with unique extended release technology, helps prevent the urge to smoke all day. i want this time to be my last time. that's why i choose nicoderm cq. jenna: new fallout after the supreme court blocked a key part of the president's plan to address climate change, the obama administration vowing to push ahead with efforts to curtail greenhouse gas emissions. even while the court is slowing down or perhaps stopping the process altogether the supreme court granting a request for 2 dozen states in utilities in coal companies after is a claim the regulations added to a, quote, unprecedented power grab. joining us judge andrew napolitano, a judicial analysts, the white house has comments over the last few minutes on this, the president is in flight today. you say when we take a big step back about this story, this is a historic decision by the supreme court that is rarely if ever made. tell us why it is so si

joining us again on the phone, judge andrew napolitano, judge, i know this is a tough day for you as you were a friend of his as well. >> well, i'm shaken by it. i just learned it in the past half hour as all of us did, although it apparently happened last night. and you and i talked about him many times on air and off air. it was just one of the great privileges of my life to meet him. about 10, 15 years ago, we struck up a friendship that extended to going to mass together to going on vacations together to having breakfast, lunch and dinner together to confiding with each other s intellectually to me interrogating him in front of crowds and to explore his utterly brilliant intellect, which may leave a jurist absence for us more in the desceissentst he wrote. >> i have been there and one thing that comes to mind is the society of the friendly sons of st. patrick. obviously, as the first italian american on the bench, he was an honorary member of the irish group. but he always had this ability to touch audiences and to reach out to them even though, as i said, some of them might disa

well, we will see how polite fletcher is when judge andrews puts the gavel down at his sentencing. hear from as many as 15 victims explain how fletcher fleeced them out of hundreds of thousands of dollars. >> i mean, is it possible that the judge could really sentence him to, what is it, 126 years? >> the judge said that repeatedly today. he warned him time and again, you don't want to take the open plea deal. it is likely he will not serve that long, but if i was betting it will be a lot longer than the ten years he was going to get from the prosecutors. >> you said it. he has the ultimate sales pitch ahead of him. >> he thinks he can convince anybody of anything. this will be his opportunity to prove that once and for all. >> my goodness. thank you mark. >>> well, a man took a backhoe for a dangerous joyride near key west. wait until you see this. the man used the backhoe to dump boulders on the seven-mile bridge. he drove it back and forth on the bridge for an hour-and-a- half. deputies closed the bridge down he was arrested and faces several charges now. >>> this guy really, really

that is okay with judge andrew napolitano. judge napolitano: i didn't say was okay with me.- judge napolitano: you like pushing me when i am a 300 miles away. "cavuto coast to coast" when you are a long way away. we will see you tonight on special report. judge napolitano: absolutely. stuart: a new report out antonin scalia at sleep apnea may have contributed to his death. (patrick 1) what's it like to be the boss of you? (patrick 2) pretty great. (patrick 1) how about a 10% raise? (patrick 2) how about 20? (patrick 1) how about done? (patrick 2) that's the kind of control i like... ...and that's what they give me at national car rental. i can choose any car in the aisle i want- without having to ask anyone. who better to be the boss of you... (patrick 1)than me. i mean, you...us. (vo) go national. go like a pro. you premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mu

what on earth will judge andrew napolitano say? this is all-star hour, by the way. he's not going to open up the libel laws. >> you know, the laws that give protection to people who challenge orthodoxy and criticize politicians are laws that emanate from the supreme court's interpretation of the first amendment. they're not statutes, and they're not edicts by the president. so the only way a president trump could change these laws would be to put people on the supreme court who do not have the appreciation for the first amendment that in this area has been consistent for the past 50 years. stuart: okay. doesn't he want the british system? >> yes, he does. stuart: i'm not sure of the difference, but that's what he wants. what is it? >> in the british system if the statement is inaccurate, even innocently so, then the challenger has to pay money. stuart: really? >> yes. you like that? stuart: so that tones down the political rhetoric. >> yes. it tones down the political rhetoric because people are gun shy about criticizing public figures. because if you misstate a sta

seriously opposing views from the donald and our very own judge andrew napolitano regarding apple. a california judge ordered the tech giant to assist the fbi by hacking into an iphone, not just any iphone, they want help to unlock the phone used by san bernardino shooter syed farook. tim cook came out hard, he's going to contest the order to protect everyone's privacy. so is hacking in the name of national security justified? my panel is back, brian deanwright as well. who's got this right, the judge or the donald? >> it's a tough call, but privacy doesn't do you much good if you're dead, we have to ensure the home land is safe, protected. we have to consider civil liberties. no doubt about it. what if tim cook had someone in his life die, and the police said if you could open this up, we could find out who the murderer is. i think he would have a different answer than today. charles: judge, if this case was before you, how do you think you would rule? >> i side with judge napolitano on this not because we are all judges. charles: that is the five rule on the four rule handbook. >

judge andrew napolitano has a few thoughts on that. he is calling it a huge blow for the president and his legacy. triumphant donald trump promising to make america the best it has ever been but exactly how he is going to do it. that is up for debate. more "varney" next. >> i am going to be the greatest jobs president god ever created. remember that. nobody move! get on the floor! do something! oh i'm not a security guard, i'm a security monitor. i only notify people if there is a robbery. there's a robbery. why monitor a problem if you don't fix it? that's why lifelock does more than free credit monitoring to protect you from identity theft. we not only alert you to identity threats, if you have a problem, we'll spend up to a million dollars on lawyers and experts to fix it. lifelock. join starting at $9.99 a month. [martha and mildred are good to. go. here's your invoice, ladies. a few stops later, and it looks like big ollie is on the mend. it might not seem that glamorous having an old pickup truck for an office... or filling your

let's welcome judge andrew napolitano give us a frank assessment. is there any good news for liberty? judge napolitano: yes, it means his candidacy is alive and he's still recognized by republican voters as the only person on the stage so to speak who stands for maximum individual liberty and limited government in domestic and the foreign sphere. the more he begins to distinguish himself from the others the bert he does. as much as i have such affinity for him, i would have corrected the campaign had i been running it. but they corrected it on their own in the last week. that's when he decided to do a lot better. he did a lot bert in the last debate, the one donald trump refused to go to. he started to sounds like his father in the four or five days before the iowa caucuses. he started campaigning with his father. if he can do the same thing new hampshire it will be remarkable. look at people he was ahead of. chris christy, john kasich, jeb bush. these are all very, very good signs. why? because he's different from all the others. kennedy: there is

>> that judge is judge andrews in pinellas county. he is correct. i applaud him for saying there is no death penalty in florida right now it is declared unconstitutional. there is a statute in florida that says if the statute is declared unconstitutional the sentence is life. the judge is correct. i talked to my colleges who believe that the judge is correct. the question is whether other judges will follow suit add say the same thing which is, listen. there is no death penalty f someone wants to walk in and i'll do it. the state supreme court is trying to decide if the ruling it let retroactive f it is. what happens then? >> so the florida legislature is looking to see how to fix the viewings from now going forward. what is the new law they're going to create that will take effect in florida. there is a big question mark as to what do do you with the pending cases there is no statute forethe penalty. what is it that the legislature will come up with for the death penalty in the future. are they going to follow the guidance that says that the decisi

judge andrew napolitano.e, opinion writer for the "washington post," and singled indicated columnist charles krauthammer. if you think back to all the focus on the pre iraq war intelligence and all of the uproar about what was coming through chain, about who knew what. you look at this. this is a big deal. >> it is a big deal. i'm sorry to say i think it will go nowhere in the obama administration. if the president's purpose was, to justify the behavior, they are not going to prosecute the people that did that shading. there's only 11 months ago. these are prosecutable events. the willful destruction of information that the government requires be kept. particularly if they believe it is about to be subpoenaed by the congress or any other subpoenaing authority. don't look for anything other than political outrage and editorial outrage over this and the next 11 months. i have to say it is very hard to know what to make of the statements we just heard. the story in iraq that you just heard, the hyping of intelli

. >> when we talk to contributors, when we have judge andrew napolitano on the couch he will say that is inherently the problem but i want to ask you in the military, my dad is former military, always said she would be one of the markers, hillary clinton would note classified information under the cover. >> she and others would have had -- physical safeguards, digital safeguards, in the dozens with these things especially the high classification. they knew what they were doing. >> not to mention the training end, she knew what was classified and if she doesn't care argument is i am incompetent which is not the best to the commander in chief. is the white house watching this? the latest humiliation for the u.s. coming out of iran. talbot rogue nation is using the capture of our american sailors as propaganda time and time again. plus the war against isis and why it could drag on for years. dire warning from the president's envoy to the coalition to fight the terrorists. if they could ever catch you. one day a rider made a decision. the decision to ride on and save money. he decided to

let's bring in our judicial analyst, judge andrew napolitano. >> it's an interesting legal issue.had something the government needed to exonerate someone or convict somebody, they could get a search warrant. bill gates is saying that would be the same. >> that's right. what the government wants doesn't exist. i looked at the search warrant issued in secret between the fbi and apple collapsed, that alone is enough to invalidate the search warrant. the search warrant is the most unusual i've seen in 40 years of reading search warrants. it commands the fbi go get something that is not there. it requires apple to create a key, k-e-y, key, to let the fbi get into this phone, a key apple, google, facebook and many many techies inside and out of the government say, once it gets on the internet, there's no stopping who can access it. it's a key that will expose the government itself to more ha hacking from people who wish all of us harm. >> it wants apple to create something, the government is telling a private entity to create something. >> i have argued that's called involuntary servitu

deirdre: our own in-house legal eagle expert judge andrew napolitano weighed in earlier on "fox & friends." here is his clip. >> i'm convinced it is a, it is a business decision. so what can the fbi do? the fbi can hire apple engineers away. the fbi can hire the brightest people in the country to figure out how to do this but can't conscript apple. >> right. >> the government can't take you. sandra, you will work for us tomorrow whether you want to or not. fbi went into court in secret without apple's lawyers there. even though there is legitimate court order signed by a federal judge, it is probably invalid because apple was denied due process, basically their day in court. deirdre: that brings up interesting legal angle, does it not? >> sure. the judge is right here somehow it is appropriate or consider it a reasonable way to approach this very complex question the government goes to court and says, apple, you work for us now. you know, i think that is clearly a dangerous precedent to set. and, when the feds say as they are saying in this case, oh, it is just this once. we're going to a

judge andrew napolitano is our senior judicial analyst.here was a report sent out. >> right. >> did either cross the legal line? >> from the available evidence it appears they did not. we start with a couple basics. this was not an election. this was not runÁwhy -- by the government. this was a contest between the private group called the republican party of iowa. they set the laws. they set the rules. the state of iowa does not. so, the general laws that would apply to an election do not apply here. second basic principle is as chris just said politics is not bag. you can say rough and tough things. you can exaggerate. can you extrapolate. it is perfectly reasonable for congressman king to have said this guy is going to florida? he is out of here. you reacted, bret baier reacted. those of us that heard this watched you and bret baier react the same way. it's a rational inference he courts not going to get into the business of second guessing words that people use during campaigns. now, the flier. it would be impossible to prove that that

judge andrew napolitano is fox's senior judicial contributor. we saw the precincts decided by coin toss. we were told she won 7 out of 7 but she won half. i said there's no way she won half. an tails never wins. >> right. but it did seem as she won 7 out of 7. now she's won 4 out of 7. >> like mumbo jumbo. >> when you submit your petition and you sign a bunch of agreements, one of which is if there's a tie here's how we break it. they flip a coin or in las vegas they pull a card and you agree. >> i think there should be some skill involved and make them row sham bow. you have a fighting chance. i want to ask you about hillary clinton's e-mails. >> general hayden and i have disagreed but nobody knows more about the nsa works and the way the internetworks and about the way you secure information on the internet than general hayden. he just indicted her. lower case "i" by arguing the unbelievable significance to the enemy even to our allies to want to get a leg up on us of having the secretary of state of the united states use a non-secured server

and judge andrew napolitano, it's going to be a good one. and i know you always are.hn brown's body lies a-moldering in the grave ♪ >> to some, he's an insane killer who sparked civil war. >> if the revolt at harpers ferry had not occurred, the south probably wouldn't have seceded from the union. >> ♪ glory, glory, hallelujah ♪ glory, glory... >> to others, he's a saint, a martyr, a prophet. >> john brown believed that god had brought him to this earth for the purpose of delivering nearly four million enslaved people into freedom. >> what he touches become relics. >> the local people were producing fake pieces of the rope, fake pieces of the scaffold. >> what about his strange inheritance? >> somehow john brown was able

and judge andrew napolitano, it's going to be a good one. and i know you always are.s... (female narrator) on your legs... (male narrator) and even your neck. (female narrator) what would your reaction be? -can i look now? -yes. are you serious? oh my goodness! (female narrator) and now a paid presentation for crepe erase. (male narrator) a breakthrough targeted body treatment brought to you by trusted guthy renker. and for the first time ever on this show, find out how you can get crepe erase delivered absolutely free. that's right, free shipping. coming up: emmy award winning actress jane seymour, figure skating legend, dorothy hamill, and everyday women whose lives and skin

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judge. reporter andrew spen soar with that story. >> court calls the state of michigan versus jason brian dalton. 45-year-old jason dalton appeed before i a judge on monday two days after a shooting spree in call ma zoo michigan. made against yound the maximum sentence that i just stated? >> yes sir. >> reporter: prosecutors are charge dalaln with six counts of rder and two counts of assault to commi murder and eight firearm related counts. dalton opened fire at three locations over the course of seven hours saturday night pick up uber faishz in between shooting. total of eight people shot. six of them killed. >> i said you're not the shooter are you? and he said, no. >> and i said, are you sure? and he kind of just said no, i'm just tired. i've been driving for seven hours. >> his first stop wa at an apartment complex way woman was shot mull it tel ta pell times. she remain in critical condition ooflt several hours layer police y dalton opened fire again at a car dealership where he shot and killed a father soond. minutes later five people shot in thearking lot of a restaurant. the only survivo

let's ask fox news senior judicial analyst judge andrew napolitano. ou think that's a bit extreme. >> i think it's extraordinarily extreme. apple's behavior is the opposite of treason, it's patriotism. refusing to permit the government to force it to do something against its will. look, if apple had a key in a vault and the fbi needed the key, they could subpoena the key and get it. but the fbi wants apple to create something that doesn't yet exist. and this thing once created, once it's on the internet, once it's used can be used by all sorts of people to break into all kinds of people's private security of their data. >> for example, hackers and spies. so it's not that apple would be giving it to china, for example. >> no, no. but a former high ranking nsa official told me very recently once this is out there, the chinese will have it in less than a week. not that the fbi will give it to them, but they'll find a why to acquire it. all of that is the practical argument. the legal argument is that the government can't force you to work for them. they c

stuart: judge andrew napolitano said the same thing. >> judge andrew napolitano and i agree sometimesfor rare, thank you for joining us. thank you for joining us. >> is my pleasure, mr. bernie. stuart: ben crane,'s in lower manhattan. on the phone, spokesman for con edison, what do you have for us? >> thanks for taking my call. what we are doing is the utility for new york city, we handle electric gas and steam and we are responding to this crane collapsed in lower manhattan, and what we have just -- stuart: we have reports of people smelling gas. >> that is correct. we started getting reports of gas odors and what we're doing now is reported to the scene and we are excavating low pressure gas main near west broadway and worth street and excavate and isolate this low pressure gas main so we could stop the leak from happening. stuart: you cordoned the area off, don't let people in and out near a gas leak, i take it that is the case. >> we have to locate where the damage has occurred and in a case like this what will happen is the force of the screen collapse was so great, it could disr

judge saidd his behavior this whole time is proof of that. >> the defendant michael hernandez today is essentially the same kind of person he was in 2004. >> andrew: tough words from the judge toward a now 26-year-old michael hernandez witness his lili sentence upheld, no parole, deemed a dangerous man. >> i had to ask myself how is someone not sickened boy a song about cutting someone's throat and watchinghem die.. >> andrew: the family of jaime gough came to court wishing hazard was truly sorry-for-what he didn't. gow was stabbed to death by hernandez. hernandez was found guilty and sentenceoday lif but new laws hearing since hernandez was only a minor at the time. >> it took us like two years back and forth, back and forth, and i didn't thought it was fair but i am a patient guy a i thought that it was going to be juste, so it is what it is. >> andrew: the judge and prosecutor talked a l about hernandez's lack of remorse, citing 19 weeksorth of jail phone calls where he talks about admiring serial killers, murderers, violent music and movies. gough's family now looking to move forward fro this as hernandez's relatives insist thei son can still

judge andrew napolitano, fox news senior judicial analyst. good day to you.at is in the latest group here? >> emails about drone strikes which by definition are on the highest category of protection called top secret. mrs. clinton will say, you know what, it didn't top secret when i received it and didn't say top secret when i sent it. that is defeated by her obligation as secretary of state to know a national security state secret whether she sees one whether it is stamped top secret or not. bill: i thought she says, i thought she said she didn't receive classified? >> she uses the word classified. classified is hollywood term, most respectfully to our friends in hollywood. it is not a legal term. the legal term is confidential, secret or top secret. when she says she didn't send or receive anything mark classified. that is technically true. nothing is marked classified. it is marked secret or top secret. drone strikes, came out over the weekend, is highest protected category. bill: general hayden talked a lot last week. what have you heard from him. >> i ha

martha: judge andrew napolitano, joins me right now, fox senior judicial analyst.morning to you. >> good morning, martha. martha: your thoughts on her efforts to bat this abay? >> as far as we know there are not 100 fbi agents investigating what went on in benghazi as they are investigating whether or not she failed to secure state secrets and the news friday and the news this morning is very bad for her. friday we learned that the state department itself recognized that she had on her server, sent or received or both, 22 top secret emails. this defies what she has been saying since the scandal first broke. and this morning our own catherine herridge has revealed that intelligence sources have told catherine among the 22 top secret emails that the state department recognized on friday, are several that pertain to operational intelligence, a fancy word meaning, an ongoing, real time intelligence operation. putting that in a non-secure place, whether it falls into the hands of evildoers or not is a federal crime. martha: all right. you say it comes down to the fbi th

martha: judge andrew, napolitano, fox news senior judicial analyst joins us now.ou here. >> good morning. martha: want to read a quote from jim comey's letter, head of fbi, wrote a very pointed letter. here is a little piece of what that said. 14 people were slaughtered and many more had their lives and bodies ruined. we oy them a thorough and professional investigation under law. that is what this is. what say you? >> well, i understand the emotion and what he says is correct. 14 people were slaughtered by a monster. and i also understand the wish of the victims here, that the fbi leave no stone unturnedded in order to find out who else may have been involved and what other plots may have been afoot at the time that these people pulled this one off. but that doesn't change the basic constitutional principles, which are, the government can not conscript somebody who is not in a litigation to do its work for them. if apple had hardcore evidence, evidence of innocence or evidence of guilt and the government subpoenaed it, apple would have no choice but to turn it ov

the phone and go to those, can you get that stuff for me and holidays to you don't have to have judge andrewtano involved, that is just me but it is not going to end that wealth and who's who of the tech world siding with apple, no, no, no, don't handle all of this so liz macdonald, what do you think? liz: that is the crux of the debate, take the contents and give it to the fbi, don't give the software code, get the contents -- neil: where did they give it in the cloud? barista in the phone that hasn't gone. dagen: you cannot access based on the i o s operating system, so mid 2014 you cannot -- apple cannot access your phone. they cannot -- dagen: they can if they want food and they need to rewrite the software and they are not going to do that, unprecedented. and one phone. dagen: law-enforcement saying just one phone. silicon valley is saying yes we are on the side of apple but watch this, we need to expand clinton era law. and a court order on broadband internet. that law can be expanded to cover devices meaning phones and iphones and laptops and if they don't comply they are hit with civ

joining me now, judge andrew napolitano, fox news senior judicial analyst. great to have you here.erine herridge on this. what have we learned? >> we learned from catherine and other colleague pamela broken and their sources mrs. clinton's top aides regularly received from mrs. clinton via her private server, top secret emails. these are emails which the aides lacked security clearance to receive. this tells us a couple of things. one, mrs. clinton was so reckless in the manner in which she sent out top secret emails, knowingly sending them to people who weren't authorized to receive them. we know too, their acceptance, discussion and transfer of this is felony. we know, three, the fbi has leveraged. the justice department can indict her top aides and trade with them. what would they want? testimony against mrs. clinton in for a deal with them. that is the way the government works. martha: cheryl mills, huma abedin, patrick kennedy, all those names come up with regard to people in the circle. one of the things that strikes me, it appears that hillary clinton felt like she could run

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judge andrew napolitano on his way, i believe.omes, watch out, he's on to something. ♪ [bassist] two late nights in tucson. blew an amp.but good nights. sure,music's why we do this,but it's still our business. we spend days booking gigs, then we've gotta put in the miles to get there. but it's not without its perks. like seeing our album sales go through the roof enough to finally start paying meg's little brother- i mean,our new tour manager-with real,actual money. we run on quickbooks.that's how we own it. >> if somebody buys a dow stock, yeah, there you go, that's what we're looking for, it was up 199. if somebody bought something it would go to 200. ashley: then they sold it. stuart: and look at this, that's oil up 6 1/2-- you're right, you keep interrupting me are. ashley: i'm trying to make the point. stuart: can i say this, 31.56 on oil and giving a nice pop to the oil companies. will you look at them go. we're talking percentage terms on exon, chevron, conoco, bp and royal dutch/shell. royal dutch/shell. those are the days

judge andrew napolitano is here. thanks. >> i don't know how you're going to put this. constitutionalist make of a coin toss to decide an election? >> a strict constitutionalist recognizes that the caucuses are run by the democratic party, which is a private entity. they are not run by the government and the democratic party can establish its own rules and those rules provide that for an insoluble tie will be broken by a coin toss. i say insoluble. you can haggle and try to get somebody to change your vote. it's not like you and i are accustomed to go to the voting booth. you argue with people and try to get people to change their mind. at some point where the mind changing is impractical, they flip a coin. unless you think those in iowa made up three months ago, a seat in the lower mississippi legislature came to a tie and it was decided by pulling a name out of a hat. stuart: where do you get this information from. >> i know these things because i never know what story you are going to assign to me. stuart: all right. tell us. [laughter] >> what are the odds of six ti

judge andrew napolitano. >> i think this is an unprecedented expansion of the government's power to engagent to a warrant. how un-american is the idea that the government can put a camera on a telephone pole comment. her house, property, frank eric come aside your in the backyard for 10 weeks 20 for seven without permission from a quarter? that's absolutely the type of thing done in the old east germany when i wanted to catch somebody doing something wrong. >> you would be okay if they got a warrant? >> presumably if there's a warrant and probable cause of crime and the other requirements of a warrant had been met. for the court to suggest that because if you were on the top of the telephone pole, you could see into the house therefore it safe to put a camera up there is an absurd eve edition of the fourth amendment protection of the right to privacy. stuart:.court ruling will be challenged. >> i don't know if the supreme court will take it. the supreme court is actually in the market for the correct privacy case. but the last time the supreme court lifted a case similar to this, it involv

perez live now in miami with why the judge upheld that ruling today. >> andrew: that's right, calvin and laurie. what we heard from the judge so far today was that he has no reason to think that michael hernandez has changed at all after all this time. he says he still poses a threat to society, and doesn't deserve a shorter sentence sentence. >> well, the final justice for my son. >> andrew: for the family of jaime gough has a step closer to closure. >> it took us like two years back and forth, back and forth, and it's just -- i didn't thought it was fair but i am a patient guy and i thought that it was going to be justice, so it is what it is. >> the defendant michael the same kind of person he was in 2004 drunk. >>>true a judge upholding a life sentence for michael hernandez who at 14 years old iide a bathroom at southwood middle school stabbed his classes mate and friend to death. he stabbed him more than 40 times. the judge and prosecutors talking about hernandez's lack of remorse, citing 19 weeks worth of jail phone calls where he kept talking about serial

judge andrew napolitano is here. take that smile off your face. you heard the story. y you describe it, don't and what the terrorists iphone. don't let the fbi conscriptees into working for the government against your will. let me present some more news. of british soldier be headed on the streets of london, bloodthirsty activity. his relatives are saying unlock that phone because if you unlock the phone you might stop future outrages like the be heading of our sun. what do you say? judge napolitano: that might be correct and my heart goes out to them. you might do irreparable image to the constitution to the right of businesses to conduct their business model as they wish. and the damage to basic american fabric of law which is you don't go to a court in secret and get an order against your adversary to bring action against the adversary and let the judge hear both sides. fbi was negotiating with apple for weeks, four five weeks. with the fbi saying we are taking you to court, they secretly went to court, made a 1-sided application and the judge inexplicably heard jus

stuart: when there's a legal, constitutional aspect of this and judge andrew napolitano is with it. u were sitting right next to me as we were watching these proceedings a you were jumping up and down. judge napolitano: it is highly improper for members of the committee to try to persuade him to give up his constitutional liberties. they took an oath to uphold the constitution, part of the same government that is prosecuting him for an unrelated crime but nonetheless prosecuting him. they know, their lawyers, that he should not be saying a single word while he is under indictment and they are not serious about getting information from him. weber serious about getting information from him as they can immunize him from prosecution, he would have no fifth amendment rights. because they are not serious they're not immunizing them. stuart: because the answers one question he has to answer them all. judge napolitano: other than a strictly ministerial question like this is my name or a won't answer any questions. if the answer anything substantively he could be like lois lerner could be dee

that would be judge andrew napolitano already introduced. >> it really was and he, whom i know well,essman paul, is under a lot of pressure this past weekend to jump into the race as the libertarian candidate, not a race that he is likely to win, but one that would give the son's supporters a place to vote, to be consistent with their consciences because, as he articulated and this is the view of most libertarians, there is no one now running who resonates with libertarian values. now, there are some values spread out. senator sanders, for example, wants to audit the fed, is in favor of privacy. >> he's at ultimate collectivist. >> he wants to seize assets and redistribute them. donald trump is opposed to using the military to change the borders of countries in the middle east, but of course, he's more authoritarian than libertarian. senators cruz wants to get rid of tax collection as we know it and reduce to a flat tax. >> come on, judge. >> they each have snipets. >> do you want ron paul to get in the race so he would be the pure libertarian that would siphon off votes from the rig

judge andrew napolitano there. japan surging overis night.nvestors piled into beaten down stocks like bank and autos in japan. sending ek average up to biggest gain since suspect. recovering mostly all of the 11% therein last week with a 7% rally overnight. this is latest data that shows japan economy shrinking by 1.4%. this is fourth contraction in seven quarters for japan's economy. coming up donald trump walking back krit si. levels at former president george w. bushes at saturday's debate but would that open the door for another bush in the white house? that's next, back in a minute. this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe d

joining us is judge andrew -- good to see you. >> is uber lieable for this incident?hort answer it would be probably no. it depends on what the facts are. ube is not a guarantor of safety. just because a person is an employee or independent contractor doesn't make them lieable for their crimes. we don't know what connection uber had here. if the driver used the uber symbol on his windshield in order to get close to his victims there would be some liability on the part of ube. if he was crazy person who slipped through a background check and went back and started killing, i don't see how uber could have anticipated it. the people who were killed were members of the the public, not customers of uber. >> i guess questioning these background checks, we isn't seen murder sprees like this in the past we have seen fights and bad behavior. how can we really trust the background checks. >> they probably hired an outside company. they typically hire former police investigators, former fbi investigators. it's almost all online. it's a matter of having access to the software. the

all rise, judge andrew napolitano is here. you're the pointman on this.he legal problems for hillary because of this. this news is just breaking and being added to. >> you know, i've been characterizing her problems as grave or worse than grave and this reinforces that characterization. so, there are two, two take aways from this. she has been saying for eight or nine months now since the scandal first broke that she didn't send or receive anything marked classified. now, nothing is marked classified it's marked confidential, secret or top secret, she then has been saying nothing was classified whether marked secret or not and the state department has been agreeing with her. this is the first time that the state department itself disagrees with her and says we-- the state department found 22 top secret e-mails, highest category. what catherine herridge revealed a few moments ago and what you alluded to and described in the introduction of this section is, not only were they top secret, they were operational. what does that mean? that means they were chara

judge. investigators said andrew kim confessed to the crime after one of the victims told her mother. he touched the 6-year-olds and 7-year-olds between 2013 and 2014. he told them to keep it a history. >>> we learned some boaters had to jump overboard to save themselves. look at this dramatic video from a viewer. the pontoon boat caught on fire in sarasota county. firefighters treated one boater for smoke inhalation. morning. thank goodness for that. >>> right now pasco county deputies are looking for a trailer thief. look here. thompson stole at least three trailers for a storage facility. you can see he has distinctive tattoos there. anyone who may have seen him should call the sheriff right away. >>> it's 60: -- 6:06, and the world is watching marco rubio as his campaign strengthens. the other candidates are watching rubio climb mt. polls. >> reporter: good morning, adrian, from new hampshire. we spent much of yesterday at a rubio rally. he's now second in the latest gop polls. >> we had to move to a bigger venue to accommodate everyone. >> reporter: it's the momentum that the rub

all rise, judge andrew napolitano is here. >> what kind of brush do you want to paint me with this morning? stuart: a nice one. my position is, do it, apple. unlock that iphone and let's get the information we need on these killers. to me it's a question of security. i'm sure you see it the other way around. make your case. >> not only do i sigh other way around but congress sees it other way around. guess what hacking is? a felony? guess what federal judges can't order you to do? break the law. if the fbi really needs to conscript a private person -- stuart: apple. >> sure it would. stuart: no, it wouldn't. >> hacking is defined as the unauthorized entering of somebody else's computer for a purpose not served by the owner of the computer. this guy's dead. the feds are unable to get in there because they lack the intellectual firepower that apple says. stuart: no. they lack the key. apple has the key. >> according to apple they don't. stuart: they can create the key. they can create the key. if that is the case, it would not be hacking would it? >> it would be hacking if the fbi conscripte

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fox news analyst judge andrew napolitano.re the court. here they are -- regulation of abortion clinics, a challenge to obamacare, affirmative action in college admissions -- a big one -- presidential power on immigration. there are others. >> right, if the court ties 4-4, that means that the opinion being appealed from below stands. doesn't mean that that's the law of the land. but it certainly resolves the case in favor of the people against whom the appeal was being filed because a tie means nothing. >> yes. >> chief justice roberts has a couple of tools available. one of which is his personality and willingness to compromise. he might well be able to forge out of a 4-4 vote a 5-3 vote in which case the supreme court's opinion would prevail. he can also delay the release of an opinion. he can hold back on an opinion until a ninth person is on the court. they can have reargument. they can resubmit the briefs. most of these cases are such big public policy cases that they can wait until there's a ninth member. so the court is

analyst judge andrew napolitano joins us now. old-fashioned police work here? >> yes.e work. in many, many cases in which the federal government arrests someone, the federal government has found that the person has an inclination toward doing evil and lured him to a plot. we were never really in danger because the fbi was controlling this guy's behavior. he didn't know that the fbi was doing it. in this case, this is a real serious person who concocted the plot on his own. detroit police picked up some tips, passed it on to the fbi. the fbi using public documents and lawfully obtained search warrants got more information about him. they sent an undercover agent to befriend him. he boasted to the undercover agent about what he was going to do. before he did it, they arrested him. >> this is what he said to the undercover agent also -- >> unbelievable. >> "i tried to shoot up a church one day. it's one of the biggest ones in detroit. i bought a bunch of bullets. a practiced a lot with. i practiced loading and reloading. my dad searched my car one day and found everything

consent @decree gave their first year @plan to a judge but there are @still many questions tonight @over what the final product may @look like. @hi andrew. @>> hi sara. @that is because a judge has to @determine whether these @suggests are even appropriate @before they can then be put @into play and even then, they @could still face challenges. @>>> allegations of excessive @force from cleveland police @officers are what got the @department into trouble in the @first place. @cases which have since gained a @national following. @it prompted the justice @department to come down hard on @a city forcing it to reform and @now the group assigned to that @has given its recommendations @>>> aimed at having a positive @impact on civil rights, some @police worry they may have a @negative one on theirs. @steve loomis is the patrolman's @association president. @>> very bad things happen to us @very quickly and we are going @to respond accordingly. @now accordingly is a matter of @perception. @>> he studied them and is @skeptical if they cut town on @crime. @his biggest concern may be the @weight put on oversight versus @police and that is something

setters joins us with the andrew: the latest step in the legal drama involving judge hunter took in place outside the prosecutor' s office. the suspended judge and her supporters coming together outside of the prosecutor' s office asking for the justice department to look at how the case was handl ed. charges were dropped after her legal team discovered one computer had been sold and another was unreadable. they have questions about the ties between joe deters and the special prosecutors. hopeful she could be returned to >> if justice will ever be point i have been irreparably harmed, i think there would be no choice but to restore me to the position that was wrongfully taken from me. andrew: bishop bobby hilton and senator cecil thomas and robert richardson are asking the justice department to investigate how the case was handled and prosecute if they find violations. andrew setters, wlwt news 5. lisa: a break in the case of a middletown mother murdered in her car with her baby in the backseat. 34-year-old brandon carr was arrested near downtown dayton, charged with one count of