judge andrew napolitano is here with the big news. marco rubio. he ran for senate saying he opposed amnesty... then he flipped, and worked with liberal chuck schumer to co-author the path to citizenship bill. he threatened to vote against it. and then voted for it. he supported his own dream act and then he abandoned it. marco rubio. just another washington politician you can't trust. jeb bush. he's a leader, so you always know where he stands. right to rise usa is responsible for the content of this message. >>> we are less than 24 hours now from president obama's final state of the union address. as new fox news polls show americans are worried about the future of this country. a big change from what we saw back in 2008. when the president took the stage before he became president in denver. ♪ at the awe over the would-be new president faded quickly. just months after he took office, he pushed through the $700 billion stimulus package, giving birth in part to the tea party and led to what critics say is the slowest and weakest economic recovery

joining us now our senior judicial analyst, judge andrew napolitano.enerally want to challenge catherine herridge's reporting. >> no, you don't. her sources are extraordinary and extraordinarily accurate by their track record. but the plain, simple procedure under american criminal law is mrs. clinton could not know that she is not being investigated. because they have no obligation to tell her. >> the most she could say is, not to my knowledge, which is the same as saying nothing because they wouldn't tell her. >> catherine comes forward saying the investigation is going on from three sources. i have a source that says the fbi has a treasure trove of financial documents showing financial improprieties, as well as a pattern of decisions by mrs. clinton as secretary of state and favorable treatment to the people for whom she made those decisions and contributions to the clinton foundation. that on top of two new e-mails that the state department released at 2:00 over the weekend, one is an e-mail saying if you can't send that document to me through a se

judge andrew napolitano, thank you as always. experts such as the judge say president obama's executive actions, even if they somehow get put into place, you just heard the judge say they're illegal, will be tough to enforce. in part because of this mental health evaluation that would be part of the purchase process. psychiatrist dr. keith ablow with me now. he says the president is kicking a hornet's nest. so doctor, with these ideas of potential new gun control rules, i mean doctors will be able to report some mentally ill patients to the fbi. to me that means people with mental health issues stop going to the doctor, right? >> that's a huge risk that people who really need help and who could benefit from enhanced services like more inpatient hospitalization, more access to medicine, more access to psychiatrists which are proper ways to spend money in mental health to beef up the system. those folks may say look, i will not risk interacting with a mental health professional. i could therefore lose my firearms. so i think it's a

don't miss judge andrew napolitano's take on issue. he has some very clever things to say. he will join us later in the hour. i got preview. interesting arguments. >>> cutting ties with iran, saudi arabia seven have you everring relations with iran and it is not alone. how it will impact the u.s. in the fight against isis. that is coming up. david: also he who must not be named, former president bill clinton, hitting campaign trail, not taking a direct shot at donald trump but rather a message about the entire gop field. melissa: return of quarterback peyton manning, suiting up just in time to bring his team to victory. ufor four years, you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends, three jobs... you're like nothing can replace brad. then liberty mutual calls, and you break into your happy dance. if you sign up for better car replacement™, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. put und

deirdre: judge andrew napolitano joining me there.hina's growth is slowing, oil is dropping, johnson & johnson may lay off thousands of workers. former ubs chairman and visor to president obama robert wolf is my guest next. >> anyone claiming america's economy is in decline is peddling fiction. ♪ >> anyone claiming that america's economy is in decline is peddling fiction. deirdre: president obama emphasized the strength of the u.s. economy in his last state of the union address but since then market volatility here to stay. there are persistent concerns about a slowing global growth. and china of course backing that up by reporting its slowest growth in 25 years. imf cutting the global forecast. potential oil price collapse. johnson & johnson just out today, saying it may cut 6% of its workforce in the medical devices division. former ubs americas chairman robert wolf is with me now. thanks for coming in. >> thank you, deirdre. good to be here. deirdre: that is a long list of elements that investor have to consider, that they have to

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judge andrew napolitano. how do you feel about that?rstand the president will spend an extra half half-billion dollars on mental health. nothing unconstitutional about bad. >> he has the leeway to spend that money and to decide how to spend it. stuart: 230 examiners. >> fbi agents or fbi analyst who will, in his view, expand the database to which the gun sellers access when they do background checks. stuart: nothing unconstitutional about the way they do that. >> the most announce to them is a vocational sales. if you sell a gun to a friend, a friend that you know well, the president wants you to get a federal firearms license in order to do so. your friend covets it. you agree on the amount. you have known the friend for four years. the most difficult onerous burdens license to get. the congress has rejected that imposition. the president is overruling the congressional well on this by writing into law something the congress has three times declined to do. >> i am not sure that the president will propose that extra firearms steal. i do

judge andrew napolitano is here. what exactly is at issue here?2, president obama issued executive orders, no surprise, in which he basically said to about 5 million illegally present aliens, some of them born here, some of them the parents of children born here who overstayed their visas, if you do, a, b, c, d, and e, you won't be deported. the problem was he made up the a, b, c, d, and e, and the a, b, c. d and e had been expressly rejected by the congress. he is a said i'm still not going to deport them. when here and not employed they fall in the social safety net of the states and the states have to provide emergency room services and school and welfare payments. and 26 states sued the president in federal district court in texas and prevailed and a trial judge there enjoined the president from enforcing these executive orders. a very, very rare historical event. the president's people appealed this to the united states court of appeals for the fifth circuit which sits in new orleans, but covers the state of texas and that court, by a vote 2-

senior judicial analyst judge andrew napolitano joins me right now with all the legal ramifications. good to see you. what is your sense of how strong the case is? judge napolitano: i attorney -- i agree with attorney general paxton and so did the judge before whom the case was argued and said in a panel of three appellates judges who heard the government's appeal. a couple basics, the supreme court the united states wants to hear an appeal of only takes four votes to require all nine to hear an appeal. not that they are going to reverse what happened below and the fact that the supreme court addressed to take care claus by specifically ordering the states and federal government to address this clause leads me to believe the court is very interested in whether or not the president can decide not to enforce certain laws and make up his own. trish: this is a divisive issue plays into this? >> sometimes it does. the court wants to get rid of the divisiveness that in this case the court is concerned with a president who appears to be making up his own laws as he is going along. the clip

if you use the software, judge andrew napolitano says you give the feds access to your home. senior analyst judge napolitano is with us now. they can access all our video cameras if they're not well secured? >> we already know if this is in your living room in your house, even if it is turned off, iphone, blackberry, any device like this, the nsa can listen to sounds and noises that this can pick up. could be a conversation, almost anything else. we now know that the government has known for awhile and has used the same ability to pick up video as well as audio. this is in my view the strongest argument in favor of encryption, even though the government condemns encryption, says it makes law enforcement's work too difficult. it does. shep. it is the job of the constitution to make law enforcement's work difficult so that it will respect people's private lives and personal liberties as they go about its business. the new app which people can buy and through which they can look at anything that's visible through any other computer or mobile device that it is connected to the int

the conversation somebody who knows the law quite well, our fox senior judicial analyst, judge andrew napolitano. from what you know of what the president is announcing here, judge, well, what do you make of it? >> well, i agree with the political analysis that our colleague bret baier just gave. legally, the president is on very thin ice because requiring people to have licenses for occasional sales of guns has been rejected three times by the congress. so the president can't write that requirement into the law when the congress has expressly declined to do so and actually defeated attempts to amend the statute to that effect. jon: kind of interesting. we're waiting -- the president has been introduced, but we're waiting for him to appear. there's obviously a loud round of applause from his supporters who are gathered there in the east room. now president obama with these remarks on executive action on gun control. once again, mark barden there, the father of daniel barden, a 7-year-old who was killed in the newtown, connecticut, massacre. vice president joe biden at his side, let's hear the pr

judge andrew napolitano. the lottery would be one of the first people i would call for advice what to do with the money but there are legal questions as well so somebody wakes up thursday morning and the government is knocking on their door saying we have a check in your name for $988 million, what are you going to do with it? you are going to talk to lawyers and get prudent medical advice and talk to someone about literally where would you put the money, my cellphone, i have never been confronted with that issue or had a client come to me with an issue like that but obviously a person -- lawyers and financial advisers need some desperate help. charles: a lot of people including myself would be so paranoid i would not know what lawyer to go to. i trust you but the average person out there doesn't have anyone they know in the legal profession. is it good to go to four separate lawyers -- judge napolitano: is good to get a second or third opinion. most gold letters yet unique situation like that, even white-col

fox news analyst judge andrew napolitano joins us live.oking into whether or not planned parenthood had broken any laws. rather than saying, yeah, they broke the laws, they said the people investigating broke the laws. >> this is really a head-scratcher. i'm beginning to think that it is a political hit job on the people who did the investigating. you have bona fide journalists assuming identities, pretending to be medical ethicists or people in the business of dealing with body parts saying, all these abortions, you do this with the body parts? yeah, we do that with this. are you interested in any further sale of the body parts? wha while they're having this conversation, pretending to be someone they're not, they're pro-life and wanting to expose how government dollars are being used by planned parenthood, they are taping this. the tapes came out. there's a big uproar. the lieutenant governor of texas, dan patrick, a fiercely pro-life person, asks the prosecutor to investigate. what does that mean? you empanel a grand jury of 23 people,

charles: judge andrew napolitano is here. tano: alan grayson has no standing to bring litigation. federal courts do not sit in order to right every wrong, you have to have standing, you have to be uniquely agreed number one. number 2 the constitution doesn't prohibit you from running if you are natural born citizen kelly from serving so this issue would not even be right unless and until they -- the a letter or college elected him as president. 3, the law is very well settled. if one parent is an american citizen at the time of your birth defect harris spent at least a year in the united states before your brick you are a natural born citizens, an end of story. the rest is politics. charles: i leave it is more about politics than anything else. judge napolitano: trump is very shrewd to throw these tidbits out and get everyone talking about it. it is politically considerable but legally and constitutionally. it before you can argue grace and whats trump to be the nominee for piggybacking in office. i want to get the. judge napo

today's #oneluckyguy, always on time with the breaking news, fox news judicial analyst, judge andrew napolitano, and i deserve it. i am glad you are here with us. i said a lot there, and i want to start here with you. the president has just done something that other presidents do, and he's only done it now 230 times in his presidency, far less than some others, and that's use executive action. but it has been the very things that he has used that pen on that really have brought the controversy. what do you say about this one, and how does it fly in the face -- if at all -- with our constitution? >> several of the things -- first of all, harris, very happy to be here even though we're discussing very hard topics. it's one of the best assignments at fox. harris: god bless you. [laughter] >> but there are many hinges that the president talk -- things that the president talked about that he has the ability to do. can he hire more fbi agents? of course he can. can he make background searches more efficient? yes, he can. can he expand the database on which background searches rely? can he enforce fed

all rise, andrew napolitano. did she break the law?there's a question did she break the law, does the department have the will. there are two investigationings, in one of them two smoking guns came out this weekend. i'll summarize, the first, we know the e-mail investigation, we know there are 1300 e-mails in the category of confidential, secret or top secret which passed through her nonsecure server, you can be prosecuted for the failure for national security measures to be negligent. the government doesn't have 0 to show intent. the two smoking guns shows intent. in one of them shows to an aide, if you can't send that through a secure fax machine don't worry about it, through a n nonsecure fax machine. and the other one, white out the word, and the new investigation now is an investigation by the fbi and by several state attorneys general of the unusual pattern of behavior between contributions to the clinton foundation. charles: right. >> speaking gigs by president clinton, and decisions made by secretary of state clinton to benefit

all rise, judge andrew napolitano is here. judge napolitano: is stuart varney on a beach somewhere?miles. i think you're last guest has his finger on the pulse of things, this is a long-term thing. i am a defender of the constitution which means defense of a free market. ashley: do these give more wind to be sales to regulate these markets but this is a casino and the rich guys are getting richer and -- candidate you hear that from mrs. clinton and senator sanders. it will resonate with a lot of people and with people in iowa and new hampshire. the audience is not billionaires, their audience is people on fixed income whose incomes will be unaffected by the reduction in interest rates kick in from their investments. this is caused by government interference in the marketplace, caused by the fed refusing to allow by natural interest rate to float the law of supply and demand, and like a heroin to an addict and this is a natural shift. it is painful, it is a good thing, and has to happen, provides bargains for people when this bottoms out. you have been asking people all morning, when

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andrew napolitano.ades of isolation are coming to an end as europe rolls out the welcome mat for iran's president. plus a prominent writer blaming jeb bush for the rise of donald trump. now the florida governor is firing back. >> i don't believe my life commitment to the conservative cause is going to be validated by having a guy be our nominee who is not a conservative. tums smoothies starts dissolving the instant it touches your tongue and neutralizes stomach acid at the source tum, tum, tum, tum smoothies! only from tums that's why i switched from u-verse to xfinity. now i can download my dvr recordings and take them anywhere. ready or not, here i come! (whispers) now hide-and-seek time can also be catch-up-on-my-shows time. here i come! can't find you anywhere! don't settle for u-verse. x1 from xfinity will change the way you experience tv. my here at c.k. mondavi.on, the vice president of operations to make this fine wine it takes a lot of energy. pg&e is the energy expert. we reached out to pg&e t

expanding judge andrew napolitano on that. no powerball winner over the weekend. billion. the playboy mansion. ♪ we have a major development going on. actions as secretary of state that are concerning. judge napolitano is here with us. now it is looking. the clinton foundation. how she intermingles. millions of dollars have changed hands. the allegations have been out there for a while. i will explain it in a moment. our colleagues have recently received credible information from sources in the law enforcement and intelligence communities. they are authorized to speak. with who we believe are speaking truthfully. one of the focuses of the investigation. we will put aside the e-mails for the moment. it actually came out at 2:00 o'clock in the morning. what this is about is an examination of out whether mrs. clinton, when she was secretary of state, did favors for people in direct proportion to contributing to the foundation or hiring their husbands. if she did, let me take that back, if there is evidence for which they can prove that she did, this is an entirely dif

joins us at 9:45 this morning, that would be judge andrew napolitano. hey dad. sweetie, how was your first week? long. it'll get better. i'm at the edward jones office, like sue suggested. thanks for doing this, dad. so i thought it might be time to talk about a financial strategy. (laughing) you mean pay him back? knowing your future is about more than just you. so let's start talking about your long-term goals... multiplied by 13,000 financial advisors. it's a big deal. and it's how edward jones makes sense of investing. >> this is the first trading day of the new year, first, look at that. dow is down 300 points. the stocks that did so well last year are falling out of bed this morning. first of all, we've got apple, that's business in china, china is slowing down. apple is going to be around 102 when we open up today. remember last april it was 134. looking at amazon down $15 per share and facebook is down. that's down what, 15, $20. facebook is down $2 or 3 per share. i think the big news is apple down around 102, again, that's way down from the high of 134

cheryl: judge andrew napolitano pointed out if it has an effect where legal gun owners are effected adverselyan't own a gun legally in this country if you are a law-abiding citizen it is unconstitutional is the way he pointed it out. what you think obama devoting 5 funded million dollars more in federal funding? >> he should be working with congress on this and congress has the power of the purse, this is what he should be working with congress on and again, many political issues under his watch he is going around congress so we will see if there is pushback on the political end. dagen: republican presidential candidates have done some of the montero inert state certain things about gun control, chris christie on the terror watch list you can't buy a weapon. in florida jeb bush, domestic abusers can't get their hands on a gun is. they are against this. does that resonates with voters? >> this is why it needs to be a local issue and for to be federally bumped up, how is it they are able to keep tabs on individuals who should or shouldn't be getting licensed for guns. >> it is emblematic of how

charles: dribbling out the e-mails and more this afternoon, according to judge andrew napolitano theirr three smoking guns and feels like a slam dunk, a is a matter of when, not if. >> based on what we know, chatter is increasing about how serious this is, there is no known public disclosure these e-mails with designated at the time they rescind received classified. they were subsequently classified. here is an interesting point. we don't know all the e-mails or fbi characterization of that yet but there are certain e-mails we are told by a congressional inspector general that were designated part of special access program and those e-mails regardless whether they were classified or not you would not get them or receive them unless you were part of that program and that is another kettle of fish. charles: we appreciate your time this morning, thanks a lot. liz: still 9,000 e-mails have been turned over to the investigators from the state department. charles: might be something later today when everyone goes to sleep. escaped prisoners in california, one of them should have been deporte

all rise judge andrew napolitano is here.elected officials didn't have the proper clearance. >> it's actually a subpart of top secret. so when hillary clinton says -- maybe we'll put aside the right wing conspiracy because this was put up by the right wing conspiracy called "the new york times." [laughter] but what she says -- and she said this over and over again and very carefully used these exact words. i neither sent or received anything marked classified. that's a word game because nothing is marked classified. charles: right? >> it's marked ca confidential, secret, or top secret with. and the most is the selected ap. that's so top secret that even the members of congress whose job it is to regulate the cia, do not have that privilege. the secretary of state has it, the president has it, the vice president has it, the director of the national security, the head of the cia and after that it's on a need to know basis. what is it? it's information about the methods and the human intelligence with which our intelligence comm

judge andrew napolitano is here to talk about this. >> are we voting for bill or hillary?l candidate carly fiorina joins us live and she'll address that and more. >> now the crew can eat. what makes this simple salad the best simple salad ever? heart healthy california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org. withof my moderate to severe rheumatoid arthritis... ordinary objects often seemed... intimidating. doing something simple... meant enduring a lot of pain. if ra is changing your view of everyday things orencia may help. orencia works differently by targeting a source of ra early in the inflammation process. for many, orencia provides long-term relief of ra symptoms. it's helped new ra patients and those not helped enough by other treatments. do not take orencia with another biologic medicine for ra due to an increased risk of serious infection. serious side effects can occur incl

for more, let's bring in senior judicial analyst judge andrew napolitano who says this is accurate, right two investigations going on now. both are coming to a head shortly. the first is the e-mail investigation. did she or did she not fail to secure national security secrets. the evidence that she failed to do that is overwhelming. over the weekend, we've got two smoking guns, two e-mails from mrs. clinton to separate aides. that document that you can't get to me using a state department fax machine, don't worry, use another fax machine. the other, that document that says secret to another document get rid of the word secret before you stend to me. that shows an intent and a willingness to violate the laws that require the protect secrets. >> she was telling her aide how to break the law. >> precisely. we don't know if the aide did it. >> it doesn't matter, does it? >> no it doesn't. it shows a willingness and intent to break the law. second investigation, this is the news that katherine broke. there is a team of experts examining the clinton foundation and a curious pattern of decisions