andrew napolitano is here. isis' claims is possibility for the shooting in texas.hould you be shaking? next. it begins from the the second we're born.er. after all, healthier doesn't happen all by itself. it needs to be earned... every day... using wellness to keep away illness... and believing that a single life can be made better by millions of others. healthier takes somebody who can power modern health care... by connecting every single part of it. for as the world keeps on searching for healthier... we're here to make healthier happen. optum. healthier is here. kennedy: welcome back. isis was quick to claim responsibility for the failed attack in texas. and the organizer of the cartoon contest has come under fire for inciting the violence but now she is doubling down on her position as freedom is under attack and those that very their head into the st.. -- say and. i don't think isis had anything to do with the attack but they took credit because they failed. >> first of all, of you can say they inspired it but it is interesting to engage only in violent jihad

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judge andrew napolitano. >> always good to work with you, jon. >> you too. >>> remember this? critics of government spending say tax payers dollars went to study this shrimp running on a treadmill. that was a few years ago. a group just released its latest examples what have it calls government waste. >>> plus words that deep water drilling is set to resume not far from the site of the bp oil explosion that killed 11 workers, triggering the nation's largest offshore oil spill nearly five years ago. details, coming up. [announcer:] what if one stalk of broccoli could protect you from cancer? what if one push up could prevent heart disease? [man grunts] one wishful thinking, right? but there is one step you can take to help prevent another serious disease- pneumococcal pneumonia. one dose of the prevnar 13® vaccine can help protect you ... from pneumococcal pneumonia, an illness that can cause coughing, chest pain difficulty breathing and may even put you in the hospital. prevnar 13 ® is used in adults 50 and older to help prevent infections from 13 strains of the bacteria that

senator rand paul libertarian here on this set we're talking nsa spying and reaganomics andrew napolitanoay your car insurance 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 mutual deductible fund™ you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call 1-888-438-9061 to learn more. switch to liberty mutual and you could save up to $423. call liberty mutual for a free quote today at 1-888-438-9061 see car insurance in a whole new light. liberty mutual insurance. >> very special guest joins us now. president presidential candidate senator rand paul what a pleasure to have you with us sir. >> thanks for having me. jumping right into the current quest

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tszuj andrew napolitano is next. >> to find out away from the fog of the controversy. the pursuit of healthier. it begins from the second we're born. after all, healthier doesn't happen all by itself. it needs to be earned... every day... using wellness to keep away illness... and believing that a single life can be made better by millions of others. healthier takes somebody who can power modern health care... by connecting every single part of it. for as the world keeps on searching for healthier... we're here to make healthier happen. optum. healthier is here. the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. >> still down? not by much down over 100 now we're down 40. that is the comeback. sill got a ways to go before we turn positive. price of ole 60 bucks a barrel as w

fox news senior judicial analyst judge andrew napolitano with his take. one on senator's corker's comments. >> it's a hot issue because the house of representatives voted on it yesterday. the senate will be debating it. because senator rand paul and senator ron widen wid filibuster this. their argument is that the constitution does not authorize the government to capture all information about all the people all the time. >> because of the fourth amendment? >> right. the government right now captured every e-mail, text message, every phone call, every monthly ststatement from your bank, every credit card bill. and it puts it all in its data base. that's the constitutional argument. if the government wants something from you it has to have evidence about you and present it to a judge. if the judge agrees, it gives the search warrant. the government can pursue you. the practical argument is the government has collected 28 times the contents of the library of congress. according to former nsa officials, leaders of the nsa, that is far too much material for th

let's bring in our panel judge andrew napolitano national political correspondent and syndicated columnist charles krauthammer. judge, you've been very vocal on this issue. what about rand paul's actions and what came of it? >> what came of rand paul's actions was focusing the american public on exactly what the government has been doing to them under language that has been ruled illegal by a federal court. i don't know that he's going to change the votes of anybody in the senate but he's certainly focused the attention of his fellow senators on it. and he has caused the idea that the government spies on us to be part of a great national debate. i happen to believe the spying is unconstitutional whether it's authorized by the congress or not. but it is better that it be the result of a great debate in the country and in the congress rather than done stealthily as it was done in the bush administration and in the obama administration up until now. >> but you can see in the wake of isis in the wake of the terrorists that we've seen across the world that the environment has changed politicall

judge andrew napolitano obsesses over words like this.e to refer to the federal government and the state. >> well it's interesting you say that. most people do, john, but the federal government never uses the word state to refer to itself. it only uses the word state to refer to the states. so when obamacare was originally enacted, that statute that nobody in the congress ever read before they voted yea or nay on it it authorized the irs to give tax credits to people who needed them in order to afford obamacare and who purchased it through exchanges -- john: established by the state. >> then that was challenged before the supreme court because the states were forced to establish it. you establish these exchanges otherwise we'll deduct money that we owe you for other payments. supreme court said you can't do that. you can't twist the state's arms. if you want an exchange in each state you, the congress set it up and pay for it. so congress established the exchanges in 34 states that decided not to establish them. then the irs started to aw

. >> judge andrew napolitano is with us tonight. we knew it would happen and sure enough it did. she is now exhibit no.umber one. she tries to shut them up and the defense has come out both guns blazing tonight. >> there's a couple of problems the civil unrest that occurred makes it unlikely the police officers could get a fair trial in the city of baltimore, even if mother teresa were the prosecutor. but instead you have a prosecutor who acts and sounds like she's a political candidate for office not an office involving the administration of justice, but an office involving the administration of the government. >> like she is running for office. she's got an agenda. >> that's exactly what she sounded like in the clip you just ran. and language like that though not unlawful has the ininsidious and deep-seeded effect of affecting the potential jurors and causing them to believe the defendants are probably guilty. now, if she does that herself, it is clear there has to be a change of venue, meaning the trial has to be tried in another part of the state of maryland and the jurors ha

legal analyst lisa weil and senior judicial analyst andrew napolitano join us with their analysis. welcome to you both. we've been listening to carmen ortiz, the us attorney speaking. she said that this was not a religious crime. that was being prosecuted here. but purely political crime to intimidate and coerce the u.s. lisa your reaction? >> that's part of terrorism. the prosecution needed to show that all the way. i want to comment on the news report that we heard from the prosecutors. they're going by the book as to what they can say and what they cannot say in the ethical codes of prosecution. that was critical for the prosecution's case to show this was terrorism. not some kind of religious belief. >> judge napolitano please weigh in. i want to hear your thoughts on what we heard on the us attorney. >> lisa is correct and the us attorney was correct. the evidence was not one of religious federal fervor taken out of control. in federal law, terrorism is defined as the use of violence to change the policies of the government. so in this case, this was a classic by--the-book --

. >> joining me now judge andrew napolitano. this is the first of its kind right? the first kind of a deal between the department of justice -- i mean could it affect other communities? >> it's not the first of its kind but the first with this level of detail. we haven't seen the written detail but we've seen "the new york times" version of it and justice department version of it. it expressly prohibits certain techniques that the police have been using. it appoints a monitor not to take over and run the police department but to monitor what they're doing and inform the federal judge who is supervising all this. the justice department sued the city of cleveland. the lawsuit was settled in which the city we just saw them there, agreed to the imposition of the monitor. the monitor becomes the court, eyes and ears inside the police department. if the judge doesn't like what the monitor tells him, the judge personally gets involved. >> interesting. it's called a comprehensive consent decree 105 pages. they are going to be completed under the watch of this independent m

judge andrew napolitano, mr. first amendment who doesn't like the idea of those freedoms being trampled one. >> the fourth amendment was meant to revent the verifies a warrants which says here yours warrant, take it and search wherever you want into and seats whatever you fine. it's called a general warrant and they're expressly prohibited by the fourth amendment. why? because the british soldiers did that to the founder and. >> is this a freedom of speech is? is that being violated here? >> it's more a right to privacy issue. it's a freedom of speech issue because people have a tendency to speak with less clarity and sharpness when they know thatting that say is being monitor evidence by the government. you may say,s to this keep us safer in it doesn't. we know that these two guys who were killed, thankfully before they could kill anybody else, in garland, texas last night or this morning -- not sure when this happen -- had been tweet can go the nsa didn't pick it up. why didn't the nsa pick it up? because they

to judge andrew napolitano, he is on the phone right now. what do you think of the argument it wasn't key but it set up the method by which we will go after bad guys. i. >> you know, neil -- good afternoon. i hate to say i told you sowso but i'm going to say it. i told you so. those who believe that the entire spying program violates the constitution have been arguing not only is it unconstitutional, but it does not work. we now have proof positive from the inspector general of the justice department himself that since october 15, 2001, when the original patriot act and serving 215 wasn't he canned. not a single case, not one not one prosecution not one conviction has been helped as a result of this spying. of course when it gathers information about people it's easier to do so without getting a warrant. who wouldn't if you were in law enforcement prefer to be able to gather information without a warrant. a warrant takes time, and a warrant requires that you jump through hoops but the framers want it the government to jump through the hoops

. >>> and with me now to react is fox news senior judicial analyst, judge andrew napolitano. all right, judge, i know that you're on the side of rand. you say he's the only presidential contender right now who is actually faithful to the u.s. constitution. >> good evening. it's a pleasure to be with you no matter how far apart we are at the time we're working together. >> me too. >> senator paul is the only person who has announced for president who is faithful to the constitution. and i think he demonstrated that yesterday in 11 hours of speaking on the floor of the senate. which you just saw nicely summarized for all of us a few moments ago. the fourth amendment absolutely prohibits a general warrant. a general warrant is a piece of paper in which a court says admit the bearer to take what -- listen to whatever he wants, go wherever he wants to go and to seize whatever he finds. because the fourth amendment says search warrants can only come about when the government has probable cause to believe that someone is committing a crime, and the warrant must specifically describe

. >>> and with me now to react is fox news senior judicial analyst judge andrew napolitano.all right, judge. i know you are on the side of rand and you say that he's the only presidential contender faithful to the constitution. >> good evening and it's a pleasure to be with you no matter how far we're apart. >> me too. >> i do say that senator paul is the only person who announced for president who is faithful to the constitution. and i think he demonstrated that yesterday in 11 hours of speaking on the floor of the senate. which you just so nicely summarized for us. fourth amendment absolutely prohibits general warrants. a general warrant is a piece of paper in which a court says admit the bearer to listen to whatever he wants, to go wherever he wants to go and to seize whatever he finds. because the fourth amendment says search warrants comes about when the government has probable cause to believe that someone is committing a crime and then the warrant, senator paul is correct, must describe the person or place to be seized or the thing to be searched. and these general wa

judge andrew napolitano saying the president is not in a position or doesn't have the power to effectively he continues going as usual here, and not commencing deportations does that put him in violation of these edicts, and more importantly the constitution itself. back with my friend the judge, i think that's the gist of what is the argument here. if he doesn't go along -- i mean, is he risking that? >> well, he is risking confronting impeachment. i can't tell you whether or not the republicans in the house where impeachment starts and the republicans in the senate have the political stomach for it as we're approaching the primaries. neil: i doubt it. >> i think you are right. the president proposes changes to the immigration law and the congress rejected them. the president signed a series of executive orders directing people in the department of homeland security which runs the immigration service to follow the proposals he made that were rejected so basically said to five million people immigrants who are here unlawfully if you do a, b, c, d and e, i won't deport you. he made it up, p

let's bring in judge andrew napolitano he's fox news's senior judicial analyst.ith pacquiao. there was some kind of -- >> by the way, i was ohhing and ahing because a giant's fan. you were talking about -- >> and if the deflated balls were found before maybe it would have changed something. no one will care by september. anyway moving on. preexisting shoulder injury is really what's key here. i understand he took a questionnaire, he checked off he was okay. >> i looked at the questionnaire, and it was signed two days before the fight, and it was signed under oath. so the serious investigation for the attorney general of nevada as to whether or not mr. pacquiao committed perjury because he didn't want the fight to be delayed. now, the fraud thing is related to this but it's different. that is a lawsuit brought by two people both bought tickets, and one of them bet on the fight. doesn't say how he bet or how he would have bet differently if he knew pacquiao was injured, but because it's a class action it reports to be in behalf of everybody who bought a ticket and

senior judicial analyst, judge andrew napolitano here with the reaction. first, on edward snowden.snowden, he's a criminal. >> governor christie is a bright former lawyer is innocent until he's a criminal. >> but you think he's a criminal. >> no, i don't. >> he signed a paper he wouldn't say thinged. >> he signed a paper for following the constitution. i wish he could stay here. in his view he's not going to get a fair trial. for the governor to call him a criminal when he knows in fact he's innocent until proven guilty is a cheap political shot. i was surprised at what governor christie said because he also said, quote, it is dangerous to be debating this. it is not dangerous to be debating this. if the government is going to spy on us, you think i should, i think they shouldn't. i'm not going to change your mind you're not going to change my mind. we should have respect for each other. there should be a national debate about it. governor christie is wrong to say we shouldn't debate it and wrong to call someone who wasn't convicted a criminal. he's appealing to the little aspect.

we'll ask judge andrew napolitano that. >>> a terrifying warning that the united states is in dangerw terror attack from a isis affiliate. how did the obama administration get isis so wrong? the man giving that warning, michael morell here with us live. >>> first we'll wish a happy birthday to steve winwood. he's 67 years old today. ♪ there's only two of us... how much dirt can we manufacture? very little. more than you think. (doorbell) what's that? what's this? swiffer sweeper. i came in under the assumption that it was clean. i've been living in a fool's paradise! if yand you're talking toevere rheumyour rheumatologiste me, about a biologic... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers,

judge andrew napolitano, cannot say no quick enough. the patriot act. >> because it's such a direction violation of one of the reasons we fought the revolution against the british who dispatched agents to knock on our doors with secret courts allowing them to look for whatever they wanted. sound familiar? the governor is a good lawyer. i'm surprised he has forgotten when he said no one can point to a single instance of where this was used illegally. the whole thing was found illegal for the united states court of appeals in the second circuit just two weeks ago. >> what chris christie is saying, though, is he's saying, the federal government, trust the government. we gather all this stuff and take care of it. i don't trust the government. >> a lot of people don't trust the government, particularly the government under this president. when you surrender your liberties to the government, they don't come back. the government finds ways to keep them. and the concept of we will give you our freedom and you keep us safer doesn't work. the nsa

look who is here andrew napolitano. >> easy one -- >> i do think this is easy.ee speech. you should protect it. >> that not only -- do we agree but you agree with the supreme court of the united states. you know, we have a series of cases about 15 years ago involved flag burning. which was just as a offensive as this maybe more so. fire could be more dangerous than the stomping. and the court basically said this, that government cannot take a symbol and require renovation of that symbol because that is government interference with idea and thought. if they want to ban all outdoor fires as a safety measure, it could do it. this case it banned only an outdoor fire where the source of fuel was an a american flag therefore we have this late. i don't know why she's doing this or understand the background of why she's doing it sorry it is going viral. but it is absolutely protected speech. doesn't mean you can destroy somebody else'sing that peoplably hers not the government and she hasn't stolen it from anybody. >> supposedly i say this in public but i say in public

judge andrew napolitano is here on the issue of free speech.udge, welcome to the program. >> thank you, stuart. stuart: some would say that pamela geller -- >> the woman that we just saw. stuart: just on tape right there, was deliberately provocative by showcasing cartoons of the prophet muhammad. how does that stand as you weigh the debate on free speech in the face of obvious provocation? >> the supreme court has ruled unambiguously that deliberate provocation is protected speech, and it is the duty of the government to be aware of the deliberate provocation, the likely danger as a result of the provocation and to protect the speaker, not to punish the speaker. these cases come about where government seeks to punish the speaker for provoking a crowd that trashes the place, famous chicago case in 1949. that was the case. and the speaker's conviction was overturned by the supreme court which basically said the first amendment anticipates some violence. that's why we have a government to protect us from the violence that would try and silence us

judge andrew napolitano with me in the studio to talk about liability. what is it for amtrak. >> amtrak is liable. a lot of times you get injured on government property you can't sue the government. amtrak is an exception. congress provided amtrak is liable for injury to property and human beings as a result of derailment. in fact in the case of a derailment, the injured people don't have to prove amtrak was negligent. amtrak under the law is presumed negligent. that makes the case a lot easier. that is the good news, the bad news is there is a cap, a maximum per accident. it seems like a lot of money. it is $200 million, but it can very, very quickly be run through when you have six deaths and 150 injuries. bill: $200 million? >> correct. bill: that is a lot of money. >> well, it will easily be run through in an accident like this because it has to account for attorneys fees. it has to account for property damage. it has to account for compensation to the estates of people who lost their loved ones on basis of the income earning capacity of the people w

judge andrew napolitano will weigh in. president obama has a plan to save the honeybees' but with more than 14 government agencies involved talking about bureaucracy. "varney and company" is about to begin. ♪ tom: the dow in record territory after sending the all-time record high yesterday, we are up 9 points on the dow, same for the s&p 500, that is going higher as well so new records for both of those. walmart is one of the dow stocks you don't see moves like this from walmart very often, down 4% right now despite higher sales spent a lot of money on worker pay and building its web presence, profits down 7% as a result and the stock you can see it is heading lower. home depot another dow stock a lot of people spending money on their home and garden this spring doing very well at home depot of 7% the stock was up now is back on the price of oil that there is going lower, $57.80 a barrel, gas today $2.70, the national average for a gallon of gasoline. hall of fame quarterback jim kelly, an amazing story of survival, he bea

. >> no middle ground when judge andrew napolitano joins on this issue he's coming up shortly. we have new developments in the middle east, they're not good. isis is taking control of the city a world heritage site located well 150 miles west of damascus the capital one of the most important cultural centers of the ancient world. scrambling to say the ancient art f artifacts syria's chief says hundreds of statues have been moved out of the city to a safe location. micah, i want to know where is the plan to defeat and destroy isis? >> isis has now been on a rampage for a year and a half. seen the christian genocide and slaughter of american citizens and seen destruction of the priceless rampages across iraq -- they're fluttering hundreds of thousands. >> anxious the question where -- >> we don't have one. remain without having a plan. president is not engaged in this fight. he has or ordered aircraft to bomb bases for isis but he's not going after the core or after their basis in syria so they on helicopter to answer. on the scene ab year and a half ago they're now 20% stronger

joining us with the latest judge andrew napolitano. >> there's a lot of different layers here.protect us from crazy people? does the government have the responsibility to protect us from foreign entities? of course it does. does the government have an obligation to protect us when our speech is intentionally incendiary intended to provoke? answer yes. supreme court has been very very clear about that. the whole purpose of government is to preserve our rights. chief among those rights in america is free speech. >> offensive or as provocative as they may be, they are still precced protected. >> every day speech that inspires us or informed doesn't need protection because we accept it. it's the harsh speech the speech at the fringes, the speech that provokes that requires protection. that's the speech that the framers wrote the first amendment to require the government to protect. so if you are giving a speech and you intentionally arouse the audience and the audience rushes the stage and trashes the place, who gets arrested you or the audience? a very famous case the speaker got

here to discuss is fox news seen senior judicial analyst, judge andrew napolitano. >> it's a perfecte end of sunday evening. combined with a federal court that said the language that the government was using to justify its spying doesn't actually justify it. and if congress doesn't fix it by june first, next monday we will enjoin its enforcement, combined by the house of representatives saying we're not going to budge we're going to stick with the freedom act, which is basically the same as the patriot act combined with your guest who is coming in two hours, senator rand paul stopped from passing what mitch mcconnell wants. i don't know where the government is going to go. add to all of this a report that came out friday at the beginning of a major holiday weekend by the inspector general of the department of justice saying no act of terrorism, no plot was stopped by this and no prosecution was aided by this. you're almost back -- if you mix all that stew together you're almost back to square one. >> what upabuse about the nsa has been reported? >> about 2,000 cases. when compared it

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joining us is judge andrew napolitano.out loud. >> it was flattering to know he did that. >> he had to kill time. >> that's not nice. >> with respect to karl rove, whom i respect and love and who was present in the white house in the dark days right after 9/11 when the government was scrambling to respond. he may trust the nsa. he may trust the spies. people who wrote the constitution who had been spies upon by the british did not. that's why they put clauses in the constitution. the supreme law of the land which governs even the government which the congress can't change requiring the government to go through hoops before it can spy. don't misunderstand senator paul. he's not against all spying. there are bad people here. and the government must know what they're about to do. he's against spying without warrants based on probable cause because that's what the constitution requires. >> what about the alternative? it passed through the house, what about that is that enough? >> no. i tell you why, right now the nsa agents ar