connell: we have been waiting to bring in judicial analyst judge andrew napolitano. politano: is very disturbing that senator al franken has suddenly recognized that information from our cellphones even when they are turned off like every place a cellphone has been and every conversation that has taken place on it and conversations like this one where we are talking within earshot of it can be transmitted by this to the government somehow is available to private industry and he is not worried about it being available to the government. stated differently he voted in favor of extending the patriot act which lets federal agents sees this cellphone information from telecoms without a search warrant but is worried about them selling this information to marketers. guess what, al franken. it is against the law for them to sell private information about the use of cellphones to telemarketers. it is against the constitution from the federal government to seize that information without a search warrant even though you authorize the federal government to do so and even though h

cheryl: judge andrew napolitano joins us now.o account located copyright case they agreed to hear. >> a college student from american college student from thailand bought over $600,000 of english textbooks for the thailand copyright and sold them to college students. we cannot buy enough. about $600,000 profit belongs to us o: the supreme court's about this side whether or not it does. if you or i buy a something into his copyright in made in the united states, we own it and we can sell it. but if it was made and copyrighted in a foreign country we need permission to sell it. a quirk in the law. depending on where the supreme court does it wouldn't affect her ability to resell everything you own that would affect her ability to resell what you own which was copyrighted and produced in a foreign country. if you publish a book, dennis, you own the copyrights. i cannot copy it and pretend it is fine. but if you saw a copy to me i can then sell it to somebody else. if it was in a foreign country and the express permission to resell i

judge andrew napolitano coming up. dagen: costing apple billionths. connell: let's start with nicole petallides. nicole: looking pretty good here today. we see the dow is up more than 1%. the s&p up nearly 1%. the text -- tech heavy nasdaq up. this was after three months of contraction. that was some good news there. another thing helping things along -- the dollar is lower, the euro is higher. you are seeing just about every name in the dow with an up arrow. i want you to take a book here at macy's. they will higher 80,000 for the seasonal. kohls, amazon, toys "r" us, just to name a few. dagen: host chris wallace had a little trouble getting information from vice presidential candidate paul ryan on his tax plan. >> it is lower by 2013. >> how much does it cost? >> it is revenue neutral. [ talking over each other ] >> we will get to that. >> let me just tell you. it would take me too long to go through all the math. dagen: it would take too long to go through all the math. what does david stockman think of this? he is author of the triumph of politics

dagen: judge andrew napolitano. great to see you as always.nell: we will talk about technology coming up. there is a new windows tablet called "surface." walt mossberg said it is okay. dagen: shirley gasparino on, well, more problems over and the departure. here is some of today's winners on the s&p 500. ♪ connell: let's go back to nicole. stocks now. nicole: we have had some breaking news. they will cut jobs. here is a look at the stock right now. it is up $2.08. they are cutting 2400 jobs globally. 1200 of those jobs will be right here in the usa. 350 of those jobs of this 1200 in the usa will be in two states of ohio and michigan. this is in the effort to cut costs. this is why we are seeing them cut their workforce. now, with take a look at netflix. netflix has come under pressure today. it remains in the red. that is because of the subscriber growth numbers. we were hoping for more from netflix. they are paying a lot of money with their international expansion. that will cost them over the next two quarters. back to you. dagen: thank you.

judge andrew napolitano is here. this is not strictly a legal issue.ot constitutional but i want your reaction. judge napolitano: i wonder if anyone takes it seriously. the nobel peace prize, basically a lot of cash from the estate of various family members. the original contributor to the assets, given away by officials in sweden -- norway which is not a member of the e.u. gave it to yasser arafat, a mass murderer, barack obama after he was president for nine months and hadn't done anything to receive it. now they give it to the european union -- it is a joke. i don't think the american public will take it seriously. it won't be on the front page of time magazine and is because five editors like it. stuart: the idea of the nobel peace prize has been discredited. yasser arafat won the peace prize. that is a real shame. judge napolitano: is a shame because there was a time when it meant something and there are times when it didn't mean anything. they give it to woodrow wilson who brought us the most useless war of the 20th century. stuart: they give to

pulverized, judge andrew napolitano is here.w york state attorney general. >> the very well may have been brought. he makes argument about the sale of mortgage backed securities. it ought to have known, ought to have revealed to the purchasers, that it was not what they said it was worth. this is basically a gimmick by the state of new york to extract from jpmorgan chase money that was lost. jpmorgan chase acquired. jpmorgan chase says we did not even want to buy them. the federal government said we had to. >> the government made a very easy way for them to but it neared the federal reserve pitched and $30 million. >> i am not opposed to transparency. the state of new york is looking to bridge at the expense of jpmorgan chase. if a guy cheap price, it will end up paying for it now by trying to get the government off its back. stuart: would you deny that eric snyderman wants to be the governor of new york and he will enrich the government of new york? >> i would not deny that. i am not sure he will sit on that pot of money and di

judge andrew napolitano is a judicial analyst. why now so close to the election. >> it's a great question. the judge who ruled today a couple of months ago upheld the legislation and should it could be enforced. those who khal hedge challenged it appealed the decision to the supreme court of pennsylvania. the court took a few months and it ruled that the court needs to re-examine whether the enforcement of the legislation is written. you must have a state-issued i.d. card in order to vote or we won't let your vote count. whether enforcement of that law would cause people to lose their right to vote. in looking at whether that would happen he stated this morning he feared, no one knows for sure, he feared that it would cause people to lose their right to vote. therefore, he's going to let the state ask you for your i.d., but if you don't have one, or don't produce one you still get the right to vote. then he's going to hold a hearing after election day on whether this legislation can proceed onto affect other votes in pennsylvania

judge andrew napolitano is here. not sure i got that right. the fed is saying shut that thing down. ano: the fed are saying that. this is a very bizarre area of the law because president obama stated publicly that he would not have his justice department interfere with the waffle dispensing of marijuana pursuant to state law in places where it is lawful. in montclair, new jersey, not far from where you live and not far from where i live the state of new jersey has of a rise the establishment of the dispensary of medical marijuana and the federal government is not interfering. in oakland, calif. a similar dispensary is the target of this lawsuit. stuart: y? judge napolitano: we don't know what the federal government which outlaws all marijuana to everyone under every circumstance notwithstanding what the states do has decided to look the other way in the case of new jersey but enforce the law aggressively and literally in the case of california. they don't have to give a reason why. stuart: can the oakland people go to federal court and say you feds are discriminating, not going after

judge andrew napolitano, great yeld g pta. trto s uheib and she gets shot down for the crime of going to school. a free speech fighter joins to us explain why she considers the real war on women to be unfoldingverseas and why she e ati dvee.ues n gng nt t h oig committee asked questions about our security at the consulate in libya. ralph peters is ahead with his take. >> a compound owned by us serving like a csulate was each lesn 6 d be tde the ambassador in that facility, isn't that true? >> sir, we had the correct number of assets in benghazi at enee uf1 e is expired. to start off by saying you had the correct number and through ambassador and three other individuals are dead and people are in the hospital recovering cause it only took moments to breach thatacity. sow n'ee t teat sehis board to compare car insurance rates side by side so you get the same coverage, often for less. that's one smart board. what else does it do, reverse gravity? [ laughs ] [ laughs ] whooing tee t why am i not going anywhere? you don't believe h

judge andrew napolitano will be here next.rst, like we do every day at this time, let's take a look at the treasuries. your ten year is unchanged and your 30 year, well, it is unchanged as well. we will be right back. ♪ ♪ >> i am robert gray with your fox business brief. republican senator chuck wesley of iowa is turning up the heat on treasury secretary tim geithner. the senator wants to know what geithner knew about libor manipulation and when he knew it. shares of metro pcf are soaring on news of a possible deal. media reports show it is an advanced talks. next september sales numbers. general motors posted its best september 10, 2008. ford sales stalled last month. honda just in, sales of over 29%. that is the latest from fox business. giving you the power to prosper. ♪ tracy: eric schneiderman slaps jpmorgan with a suit. this was before jpmorgan took it over. schneiderman spoke with melissa francis last hour. >> they engaged in a pattern of misrepresentation over a period of years. they clearly identify their relationship

who else can tell us the inside details on this than judicial analyst judge andrew napolitano.tart with the most obvious. i have received tens of pictures, many of which include trees falling. give us the scoop on that. neil: -- judge napolitano: the owner of the property is responsible for any damage caused by the tree unless the owner is the government. the government doesn't have a degree of culpability as we private citizens do. >> it is on somebody's yard you can say is your call but it is on the sidewalk outside your home and fall -- judge napolitano: the sidewalk outside your home is a bazaar area of property. it is don't by the government but you are responsible for it. you are in front of city hall, you are in central park, yoo can sue the government. the government has written laws -- as a practical matter, in answer to the e-mails, if a tree falls on someone's car their insurance company will pay them for the cost and they will go after the homeowner foursquare up with the homeowner's insurance carrier because these carriers have a lot of credits because they are [ta

sorting it out for us, judge andrew napolitano.ound religion. >> i agree with him, those of us who watch these things at you with him. if you buy an asset, you buy it with all of its value and all the drawbacks. one of those drawbacks may be the asset here at bear stearns harmed some people before you bought it, so you assume the liability bear stearns had. but that assumes your acquisition was voluntary. do you remember the world about four years ago? the fall of 2008, the government just spent billions bailing out aig, government given billions wasted to general motors and the government then hank paulson, the tree of the treasury and ben bernanke were basically telling these things you have to do this to stay alive and basically said she jpmorgan you have to buy bear stearns would he want to or not. the same government which now told bear stearns to buy bear stearns is suing jpmorgan chase because the people who lost money on bear stearns was bear stearns. ashley: how does this play out in court. if you buy something taken every

judge andrew napolitano, great to see you. this horrible story. a 14-year-old girl in pakistan tries to stand up to the taliban and she gets shot down for the crime of going to school. a free speech fighter joins to us explain why she considers the real war on women to be unfolding overseas and why she thinks this issue is not getting the attention it deserves here. moment ago the house oversight committee asked questions about our security at the consulate in libya. ralph peters is ahead with his take. >> a compound owned by us serving like a consulate was breached less than 60 days before the murder of the ambassador in that facility, isn't that true? >> sir, we had the correct number of assets in benghazi at the time of 9/11 for what had been agreed upon. >> my time is expired. to start off by saying you had the correct number and through ambassador and three other individuals are dead and people are in the hospital recovering because it only took moments to breach that facility. somehow doesn't seem to -- temperature we use this board to compa

joining us now, judge andrew napolitano. fox news senior judicial analyst.ou have some thoughts about the libya situation. you say that the president destroyed the libyan government? >> well the president, president obama destroyed the libyan government when he unilaterally bombed libya last year, jon, while the congress of the united states was on spring break. he made the announcement while i was in brazil and said he didn't have time to get congress's approval or authorization as the constitution required. he did have time to get approval from nato and the arab league. mysteriously, not from congress. in bombing the way he did, he destroyed not only muammar qaddafi personally and qaddafi's government but also destroyed government material, government personnel, police station, the intelligence community, and by creating this vacuum in the government once qaddafi was dead, he opened up room for the gangs of militias that now rule the country to come in and one of the first things those did was open up some of the jails. out of the jails came some of the pe

judge andrew napolitano, kirsten powers, and charles krauthammer. judge?rprised at the number you just put up, having watched it and having seen some reruns this morning, i really thought governor romney was so compelling, spoke more. i have criticized him for not putting a fire in voters bellies and said he puts the audiences to sleep. not last night. chris christie was right. the governor was aggressive without being offensive. he was knowledgeable without being wonky. he was articulate without being boring. he was funny when it was necessary. he showed deference and respect to the president. it was almost the opposite of the way the president was. he seemed bored. he was boring himself. the only thing he didn't do that he could have done was a george h.w. bush, what time is it, it's time for me to go home, reference to the debate in 1992. however you measure these things, whether winning it means anything or not, chris christie may have been on to something. this might change the vector ever so much, this might change the momentum a little bit a months

all rise, judge andrew napolitano is it here.d not tell the full and whole truth immediately when they knew it. is there any legal sanction on that? >> in answer, no. in a word, no. the government has no obligation to tell the truth. it has no obligation to reveal what it knows. it has no legal obligation to do so. arguably it has a moral obligation and politically an obligation. when the court examined the lying in police interrogation, but applies to government, the court approved the government lying, cheating, misrepresenting, even committing fraud and basically said if you don't like it vote the government out of office. it's unfortunate for the president, but fortunate for voters this is happening now because this is another reason that voters can examine when they decide whether or not they want to keep barack obama in the white house. stuart: i personally would not use the word lie in this context. a, because i don't want to sully american politics with harsh language and b, i'm not sure you can say anybody was saying thi

judge andrew napolitano is here to help us connect the dots logically and legally.an sue anyone but does this have any merit? judge napolitano: in my view this is a very dangerous lawsuit because you could extrapolate this to any area of human behavior in which you are trying to find a culpable defendant who was so remote to the harm that it is unfair to burden the defendant with the cost of the harm. should general motors pay for every -- it is in fact hands of someone allowed the driver. we don't have that kind of litigation in the united states. the second amendment is a troublesome area. these lawsuits were tried seven or eight years ago and many states reacted with legislation intended to insulate the manufacturer from harm by the ultimate user. the difference is so great, and the instrument he manufactured will ultimately end. the state of new york had the legislation and a panel of division judges yesterday ignored it. just ignored it as if it didn't exist and this legislation can go forward. if an injured person in new york -- charles: when an appellate divi

judge andrew napolitano.very upset. >> the government has built a dependent on itself for those receiving social security, medicare or medicaid. when fdr and the democrats first came up with the idea of social security, fdr promised we will be holding this money for you. it is a nest and we will give it back to you. in their argument they said to the court, it is not the people's money, it is the government money and it does not have to give it back. the supreme court agreed with them. there is no contract between social security contributors which is the three of us and everyone who is watching us and works and social security recipients. that money is given by the political will of congress, not by any legal capability to do so. the money deducted from our pay here every week is that immediately. the money paid to our parents and grandparents is far. if that is not a ponzi scheme, i do not know what is. connell: you are making an argument. basically that this whole thing is a ponzi scheme. >> yes, yes it is

all rise, judge andrew napolitano, not a prayer is my opinion. >> this is a state now rivals the people'setts, being so overregulated with government regulations and control. if the people of california feel this way they have not manife manifested their feelings in choice of representatives to run the state government. stuart: if it went to 73% or 83% i'd listen. >> it might be a different story and of course there's the obstacle of my former colleagues, the courts, which have invalidated thus far, quite inappropriately, in my view, the legislation in wisconsin. i think the outcome's going to be different. i think the supreme court of wisconsin will reinstate the law in wisconsin, but right now, it's out. they've petitioned the court to reinstate it during the pendency of the appeal and late last night the court said no. i don't know if they're political decisions intended to influence the voters in wisconsin i know we're supposed to talk about california, but the law is out in california right now. >> i've got two more quick questions for you and we've got to let the judge go shortly. t

here is andrew napolitano himself.i don't get this, because the feds say, hey, you in california knock it off, but one opens up in new jersey, and the feds say nothing. i don't get it. >> we start out with the baseline that the sale, distribution, use, possession, you all of those of marijuana for any purpose, even something benign and beneficial like medical purposes is unlawful under federal law and we proceed now to the fact that a dozen states have made it lawful under state law for it to be distributed and used when described by a decision. so, state law and federal law are in direct conflict. >> okay. >> normally when that happens, federal law supersedes because the constitution trumps the states, basically. attorney general holder has not followed that basic principle. he decided some places, like california, i'm going to enforce federal law and other places like new jersey, i'm not going to enforce federal law and done so without giving a rational basis, why he's going after them in california and leaving them

[applause] charles: all rise judge andrew napolitano is here.hey were posing questions to governor christie. somebody tried to sort of hit him like are you saying ignore environmental things, you know, that kind of stuff. you know common sense christie saying do the right thing, let's save lives and be smart and forget about all these rules. >> it is an interesting statement he made and an interesting juxtaposition you just showed. you have governor christie on the right of the political spectrum -- spectrum. you have the president on the left of the political spectrum, they are both saying forget the red tape, do what you need to do to save lives. which is probably what most people would do. the press conference, which i watched, was in front of government officials. they were applauding him when he said forget about the d.e.p., which is department of environmental protection in new jersey which is about as scrutinizing as the kgb was in the old soviet union. charles: this is the question then, do we need these -- the federal government to real

i'll talk to andrew napolitano. >> i won't sing "hooray for hollywood."ennsylvania has a demonstrated history of voter fraud. we all saw instances of it on tape on fox news from philadelphia two years ago and four years ago. the legislature in an effort to prevent voter fraud, intimidating people out of voting pore people vote where they aren't registered inact a pennsylvania i.d. law. it required that you had to have a government-issued i.d. in order to vote. then there were hundreds of places set up in the state where they would be given to you for free. however, the trial judge looked at this and said i think it's fair and a legitimate way to assure there be no voter fraud. the state of pennsylvania has an obligation under the u.s. constitution and its own constitution to guarantee the right to vote. if it permits voter fraud it's diluting your vote. that decision was sea peeled to the supreme court of pennsylvania which said we are worried that not everybody has enough time to get these free i.d.s there are they are registered to vote, they won't be a

all rise, judge andrew napolitano is here. judge, you know what?d this is actually impressive compared to some of the other ones, and that's not even a joke. but i mean seriously this is heart breaking stuff. >> well, it's heart breaking because it violates basic principles of supply and demand and risk and reward. when the government gives you cash, you almost don't care what happens to it because the government is not a customer. it is going to give you the cash whether you use it properly or not. charles: particularly, if you also know more cash is coming. >> right, right, but if you are in the real marketplace where you have to get money for real investors like you do for your clients, you are going to monitor how every penny is spent. stated differently, the government has no business putting its thumb in the scale and choosing winners and losers in the marketplace. we have been through this odd infinitum. it simply doesn't work. it does create cash flow. it does create the movement of cash for people close to the event. but no investor would

judge andrew napolitano, fox news senior judicial analyst with more on that. so the voters of arizona said, if you're going to vote we want you to show identification, prove you're an american citizen, right? >> well there's two things here. the arizona statute which requires that you show that you are registered to vote in arizona has not been disturbed. so the so-called voter i.d., which half a dozen states have, one of which is arizona, is the law and people at the polling places, this november in arizona can ask for identification. the issue is, you can get identification in arizona without being an american citizen and you can register to vote in arizona without proving that you're an american citizen. so here's the problem, if you show up to register at a polling facility, not on election day but in advance as the law requires, you will have to show proof of citizenship. but if you mail in a registration form, you do not have to show proof of citizenship. why? because the mail-in registration is regulated by a federal statute enacted in the clinton years

and we've got andrew napolitano with us now. >> 88 cents a gallon, state and federal. >> in new york.u're right in new york and california, new jersey 30 cents cheaper. those are the two highest, california and new york, and california forget about trejigger the whole environment out there. >> and you're sort after critic of government. how do you feel that government handled the situation? >> now, funny you should say that because i was thinking about that as i was watching governor christie and while people may not always agree with his politics or even agree with his over the top style, i mean, he is the human being in whose hands the law has reposed the authority to make these very difficult decisions and he is making them. and he does have the assets and the resources with which to save human lives and he's using those assets and resources. and in this age we have given to the government the power that once belonged to family and neighborhoods and communities, either we live closer together and we're so big and we're so reliant on government that this is the way we do it today. a

andrew napolitano thank you. you watch the yankees last night?st and there will be a game tonight. >> unfortunatelyy lost two. >> gretchen: and that's how we end the segment. judge, how desperate is the obama campaign? mitt romney hates kids? you got to hear this. >> brian: italian captain arrested after leaving the passengers for dead. >> steve: he needs something to do. ♪ ♪ ♪ you got the music in you. ♪ ♪ nature valley trail mix bars are made with real ingredients you can see. like whole roaed nuts, chewy granola, and real fruit. nature valley trail mix bars. 100% natural. 100% delicious. [ chuckles ] ♪ [ honk! ] ♪ [ honk! ] ♪ [ honk! ] ♪ [ male announcer ] now you'll know when to stop. honk! ] the all-new nissan altima with easy fill tire alert. [ honk! ] it's our most innovative altima ever. nissan. innovation that excites. ♪ >> gretchen: if you are just waking up. quick headlines. he's accused of crashing an italiann cruise ship that killed 32 people and suing now to get his job back. he said he was unfairly blamed after the costa concordia

judge andrew in a poll ta napolitano joins us. he could have been sentenced to 400 years in prison, why 30? >> i don't know why the judge came up with these numbers. no that pennsylvania has an antiquated system of sentencing. in many states, like say new jersey, where i sat as a judge, for a crime-like this you would sentence the person to life without parole period, whether they live five years or 50 years. to a person who is 68 years old, there is no difference between 60 years and 400 years in jail. jenna: it feels different, though, judge. >> it sounds different. people should understand that 30 years to 60 years means he is not eligible even to ask for parole until he has served the full 30 years. so he would have to wait until he's 98 years old before he could have for parole if he ever lived that long. that is probably the thinking of this judge. the other thinking of the judge, and again i'm trying to get inside the judge's head, is that as horrendous as this crime is you might save the 400 years for a mass murderer, beca