well let's talk about with our expert, judge andrew napolitano, fox news senior judicial analyst. >>hannon, good to be with you. shannon: we talked about this a few weeks ago when it was initially bubbling up in dallas and we polled the law in texas, state authorities have situations out of the ordinary they have tort to enact quarantines and make sure people stay put. different state by state though. >> different state by state. if she has a health care professional in maine agreed as a condition of accepting her license to be a health care professional, that if exposed to a contagious disease, she would have to comply with the cdc regulations for quarantine and she is not doing so, then the licensing authorities can come after her. but in terms of her human freedom, we start with the principle that she is free. we all have the presumption of liberty in this country. she is free to go where she wants to go. if the government wants to restrain her, because it thinks she is going to infect some one, the government has to present its case to a judge. and the government has no evidence

judge andrew napolitano with me here live. >>> a fox report. more headlines.than 330 people have died since the start of the so-called cease-fire in ukraine according to the united nations. it reports more than 25,000 people have left their homes and are living in shelters that are not equipped to handle the harsh winter that is coming. >>> in kentucky a powerful line of storms flattened trees and homes north of lexington. yesterday was the second straight day of severe weather there after a twister touched down monday night with wind gusts up to 100 miles per hour. no reports of anyone hurt. >>> you could pick up your ups delivery at the drug store or dry cleaners instead of waiting at home to sign for it. the company announced it's partnering with local businesses in major cities that can serve as dropoff points. ups reports it's trying to save money cutting down on failed delivery attempts so workers don't have to keep ringing your door bell several times to hand over your packages. more from the fox news deck right after this. test . . . >>> some apparent

joining us now is judge andrew napolitano. the irs made 639 seizures in 2012.s up from 114 in 2005. what in the world? we know that some of the management of that agency is out of control politically. but now what are they doing? >> can you think of anything more un-american than punish verse and charge? perhaps if we decide to ccarge later that's effectively what this is. the congress wrote of a statute may making it a crime to structure, that's for businesses that regularly deposit money. they deposit cash in their bank account, the bank has to report it to the feds. but if they deposit $999 on a regular basis, no reporting. but if you do that you'll be charged with structuring. to avoid federal oversight. lou: there's no requirement for in 10 or criminal activity were requirement for investigatioo? no requirement for a judges order? >> when the statue was originally written, all the requirements they just kicked off was in the statute. but then the irs said, it's too difficult and congress change the statute and they expressly authorized the irs to do that.

time for some real talk with judge andrew napolitano, fox news's senior judicial analyst.s not politics, judge. >> i don't know who would believe that. i mean, this case is unusual from the beginning. in large measure, because it was resolved by the personal involvement of the president of the united states. we know that because he is the only person authorized under the law to arrange for the release of prisoners from guantanamo bay. whatever you think of guantanamo bay, it's a devil's island, or it should be there. the law is clear. he signed this law into existence. he cannot reduce the population of the prisoners at gone notice bay without giving congress 30 days notice. he violated that. he cannot provide material assistance to a terrorist organization. he can't send them maps. he can't send them weapons or human beings. he violated that. now he dispatched a general to investigate whether or not sergeant bergdahl is worthy of prosecution. generals don't do investigations like that. lower level officers do. the time has come and gone for the general's report. it was du

let's bring in our panel, judge andrew andrew napolitano. ron, you wrote a column on this today.for somebody sitting at home is this important? >> it's a good question. i started that column by saying i don't have a strong opinion on colombian hookers. >> which is always a good line. >> i'm going to start every column. i did that because the incident itself, although a lot of us would find it reprehensible, it really isn't a major news story. it wouldn't have been a big deal, except for a couple problems. the white house lied to the american public. jay carney said there is no specific credible evidence that anybody from the white house was involved. at the very least, there was specific and credible evidence and they were told about it and they covered it up and the cover-up was always worse than the crime. once you lose that bond of credibility and trust with the public, you're not leading anymore. secondly, there's a fairness issue. ten secret service officer, not forgiving what they did, but these men were putting their life at risk. will you take a bullet for the president.

judge andrew napolitano who never thinks government should do anything and can't believe they can doy way. judge napolitano: a bit of an exaggeration but an interesting summary. i have had much exposure to and interaction with the secret service in my work in and out of the government. i am really surprised at the revelations of incompetence because secret service agents with whom i have had interactions strike me as consummate professionals, selfless individuals who quite figuratively and literally would take a bullet for the president or anyone in their charge, they protect a vast array of people in addition to the president but what has come out lately is unacceptable and unforgivable. i would suggest not that the military protect the president, the white house look like the kremlin if it was surrounded by the military but entirely new leadership from outside the agency. i would not promote somebody from within. i would bring in a new culture from outside. these things just, it is mind-boggling how they could have happened. remembers the crazy -- nelson mandela's funeral? the craz

judge andrew napolitano is here. considering charging this guy with aggravated assault. >> hitting somebody with a baseball bat. just one step below, side. in order to do that, they would have to knowingly and intentionally infect others with evil love. he would bring the charge without that evidence. >> it might be an old fence if it was a federal document. the assault, and assault is the salt is a physical imposition of something on somebody else. they would have to show that there is some big dumb with physical harm. they do not have that yet. >> they cannot do that by charging a crime for which there is no evidence. without a victim, there can be no assault. >> okay. the confinement of his family. >> the consumption. these people were confined without a hearing. that is profoundly unconstitutional. these folks are required. stuart: all medical quarantines. >> having contact with somebody. >> if this person was simply a relative, but there has been no contact, the government's confinement is unlawful. it is a huge

all rise, judge andrew napolitano are here. if they can to be sued by various entities. that is a reasonable expectation. i don't think she expects to sue anyone, she recently anticipate the people with whom she came in contact who lost 21 days of their lives, locked up in their homes for 21 days are going to sue her for the fair market value of that economic loss. if they do sue her, who will bear the financial responsibility for defending her, paying a settlement if there is any, paying a judgment if there is any, the homeowners insurance company. if she rents and has rental insurance, has homeowners insurance, almost all of them have a clause four out of the home behavior of this nature. it shifts financial responsibility from the person who may have caused the harm, this nurse, to the insurance carrier for her home. probably not even contemplated at the time the policy was attained. stuart: this is covered under homeowners insurance? >> i'm going to guess if you check your homeowners insurance. for you it will take your month because you have so many homes and so man

three topics for judge andrew napolitano.me court will hear the case of amazon workers who want to be paid for waiting in a security line after the shift ends. when does the working day end? the right to die. a terminally ill woman moved to oregon because it is the right to die state. the question for the judge, do you have the right to take your own life? what is the government going to do with that? this video is tearing the the internet. if cops-is the car window during a routine traffic stop, makes the case carries on cops, does it not? >> i am not operating the vehicle. >> are you going to open the door? >> what you say no one is going to hurt you? [ male announcer ] you wouldn't leave your car unprotected. but a lot of us leave our identities unprotected. nearly half a million cars were stolen in 2012, but for every car stolen, 34 people had their identities stolen. identity thieves can steal your money, damage your credit, and wreak havoc on your life. why risk it when you can help protect yourself from identity theft

the aforementioned judge andrew napolitano is here.here is nothing in the constitution which says we must take people from overseas who have a deadly disease, bring them here at our expense, treat them at our expense. nothing in the constitution says that. judge napolitano: absolutely correct. will get the legal dimension before we look at the political dimension. the political dimension would be catastrophic or for the president were he to do something like that which is why i would never do it before the midterm election. the legal dimension is can he do it? i am sorry to tell you that congresss are given so much power to presidents, republican congresss to republican presidents, a democratic congresss to democratic presidents, they all repose and whoever's occupants of the white house, this occupant of the white house now does have the authority to do that. as politically catastrophic and medically are blind deleterious to republics safety as that would be, as insensitive and indifferent and incompetent as it is he has the authority

judge andrew napolitano with the in the studio. how are you? judicial he says.rough a door in your own bedroom into your bathroom, this woman is dead. >> it is that happened in new jersey or ohio or texas, you're talking 10-15 years with the same event and the same crime. it is viewed in a different lens in south africa. no jury, just a judge. the same judge imposes the sentence. i strongly prefer the jury system. as does almost everybody in america but that is how they have in america. it is softer than what we have in the united states. this is a nine or 10 months incarceration for what is reckless manslaughter. driving through times square at 90 miles per hour saying i didn't intend to kill anybody. he attempted to drive the car at that speed that close to people. you didn't intend to kill anybody? you put four bullets into her body in your house. bill: you decided these cases, so you over saw them in the jury trials. the judge in this case said a long sentence would not be appropriate as it would lack the element of mercy. >> in america element of mercy does

judge andrew napolitano on that next. >> they're feeling discriminated against, some have been turned jobs, some have been turned at retail locations so we are getting them in touch with legal aid and any resources necessary. so i can reach ally bank 24/7, but there are no branches? 24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards, destroying jill's credit and her dream of retirement. every year, millions of americans just like you learn that a little personal information in the wrong hands could wreak havoc on your life. this is identity theft. and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. if jill had lifelock's protection, she may have been notified before it was too late. lifelock's credit no

judge andrew napolitano is here. visit blogger who wrote for illinois, there's no way the machine could have accidentally mismisread if you touch like th. you have to, machine to do this. do you agree? >> i do agree. i'm not an expert on how the machine works. i have seen just about all of these machines. here is what the law is not concerned with the fraud, it is concerned with fraud that changes the outcome or substantial and organize or the government knows about and looks the other way. david: the way this is done -- >> hard to believe this is done by a lone wolf and the government doesn't know about this and is not looking the other way. if it doesn't affect the outcome, the court will not get involved because you are entitled to the winner the majority wants, not a perfect count. david: here is something that might affect an election. allegations of massive voter fraud involving non-u.s. citizens. thousands of people in frederick county, michigan, stated they are not u.s. citizens on jury forms, their names cam

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judge andrew napolitano will sort out the lawsuits for us. can she sue the hospital? judge napolitano: no. you cannot sue your employer for a work-related injury less the employer intentionally harmed you because the legislature has coopted that by workers' comp. stuart: she says i didn't get proper training with hazmat since then you didn't train me right and now i have the ball. judge napolitano: the keys will be dismissed. in workers' comp she will be compensated theoretically, i don't approve of this but it is the law, she will be compensated for any permanent injury and loss of work unless she can show that her employer intentionally harmed her probably inconceivable here. could duncan sues the hospital? yes. obviously duncan's the state. this hospital acknowledged it was unprepared to treat ebola. it should have not turned him away but sent into a place where they were prepared to treat him so they may well have a case that there damages are limited to their economic loss, not their pain and suffering their father, brother or son is deceased, their economic loss

let's bring in judge andrew napolitano. the state confine someone in the interest of public safety without getting a judge to say you, nurse, are in quarantine? >> may i modify the order -- the question slightly? or without evidence that the person is contagious. answer, no. and i think governor christie understood there's only 15 federal judges in new jerssy. he, like i, nybody in the legal community can give you an -@evaluation of all of them, noa single one would have let her stay in. all 15 would have ordered her release the minute the papers were filed becauseethe state had no basis to quarantine her other than the place from which she came. if they had tested her bbood -- stuart: but if that's the incubation period of this deadly virus, isn't that a commanding public safety need? >> no, it is not. in the face of her or -- stuart: well, it is to me, judge. >> it's not under the law, and i think governor christie realized the minute he was challenged, he'd lose. if the government wants to test, some sort of preliminary

here's a headline for judge andrew napolitano.he postal service approved 50,000 requests for law-enforcement to monitor people's mail in 2013. i am not sure you are as steamed about this as you often are in privacy issues. judge napolitano: i am very steamed. it is the below the radar screen problems for of conspiracy between law enforcement and the postal service to expose our mail to the prying eyes of law enforcement without judicial intervention. stuart: i hate to do this but they are monitoring the mail. does that mean they are opening and reading it? judge napolitano: yes and no. the first thing is every piece of paper that goes through the mail, whether it is odd newspaper or parcel is photographed by the post office and permanently reserved by the post office for use by law enforcement later. is not necessary for law-enforcement monitor the mail in real time, they can monitor the history of the male. stuart: i see nothing wrong with tracking where the mail comes from so that in the event of an incident which a law enforcem

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where is judge andrew napolitano? you want a bizarre?la czar does exist or her name is nicole laurie. she is the assistant secretary for preparedness. stuart: when she doesn't have the power -- liz: she has the power to make policy. that is her job. stuart: the cdc -- liz: that is within her job. i read what her title means and i cover the anthrax response. the government is saying the answer to this is throwing more money at it. the government has been getting billions of dollars throwing money at biological problems like ebola or anthrax. the money is there and nickel lurie is there. stuart: wait a second. we got nicole laurie, you want a czar. we got one. >> i don't think -- i know you made a lot of mistakes but if we fired him right now it will make the whole situation lot worse. you got to give the guy one more chance to bring it together. if he starts by acting quickly -- stuart: got to go. i have two more schools closed in ohio. some connection with miss vinson. two schools closed. the dow industrials are down only one point. coul

so let's talk to fox news senior judicial analyst, judge andrew napolitano.done. would we normally hear about this anyway? >> no. we normally would not. and reports are done all the time in the military and in civilian prosecution. it's basically the government evaluating the strength of its own case against a potential defendant. the reason we won't see the report probably ever is twofold. one, if he's exonerated, if they decided that as bizarre as his behavior was, it wasn't criminal, or it would be very, very difficult for them to prove the case, they don't want to tarnish his reputation and the law says they shouldn't by revealing what they learned about him. on the other hand if they are going to prosecute him, this report likely evaluates the strengths and weaknesses of their own case against him and they don't want to reveal that unless and until they have to. so the procedure is pretty much the same in the military as in the civilian world, where civilian prosecutors prepare these all the time for their bosses when they're deciding whether or nothto

. >> let's bring in judge andrew napolitano.. >> good morning. >> what can we learn from this? it is a soft target, as many would say, because the security on that building is not as high as many would like. >> there is a number of things we can learn. the most principle of which is that oftentimes the hero comes from among us, that the hero has to have the means by which to behave as a hero. this particular fellow is a retired royal canadian mounted olympics the roughly equivalent to our f.b.i he's licensed to carry a gun. he knows how to use it. thank god there was and had the gun. >> he was trained and up to act. >> correct. but if he had not been there or if he had not had that gun, gun control laws in canada are as day conian as they have been in washington, d.c. or chicago. the government thinks people should not be able to arm themselves. in my view that's the lesson. isis is a threat in many ways. this in some respect social security a very, very devious way because it's the loner. it's the lone wolf. we don't know if th

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