wild ask fox news senior judicial analyst judge andrew napolitano about this and so much more, next.the transportation industry without knowing firsthandness the unique challenges in that sector? coming out here, seeing the infrastructure firsthand, we can make better informed investment decisions. that's why i go beyond the numbers. from anyone else. so why accept it from your allergy pills? flonase relieves your worst symptoms which most pills don't. get all-in-one allergy relief for 24 hours, with flonase. whi[ fast-paced drumming ] david: all morning new york city mayor bill de blasio was hinting he may follow san francisco by ordering a shelter in place quarantine, in city, but this was shot down by new york governor cuomo at a 10:00 a.m. press conference. >> people spread rumors. well maybe, you will quarantine new york city. we hear new york city is going to quarantine itself. that is not true. that cannot happen. it cannot happen legally. no city in the state can quarantine itself without state approval. and i have no interest what so ever no plan what' -- what so eo quaranti

but judge andrew napolitano said that consumers should get paid a lot more.udge joining with us what you need to know. that is next. awesome internet. it's more than just fast. it keeps all your devices running smoothly. with built-in security that protects your kids... ...no matter what they're up to. it protects your info... ...and gives you 24/7 peace of mind... ...that if it's connected, it's protected. even that that pet-camera thingy. [ whines ] can your internet do that? xfinity xfi can because it's... ...simple, easy, awesome. [ barking ] liz: apple agreeing to shell out 500 million dollars to settle a class-action lawsuit, company admitting it intentionally slowdown older iphones to reduce battery stress, so they say. fox news senior judicial analyst andrew napolitano, you say that iphone owners should be getting more than. >> i am ort ordinarily not a faf class actions. this is one where there is cash to the people. but it also is a pittance. original allegation they slowed down speed of the phone to force you to buy a new one, that is an act of fra

we bring in judge andrew napolitano. >> we all know chuck schumer, he usually measures his words, yesterdayded like a street thug. it was not a threat in legal sense but in moral cultural social sense, yes it was a threat. it was an effort to intimidate members of court, who are free from intimidation, they cannot be intimidated by someone that sounds like a political hack, says outside of the supreme court. but schumer speech is protected speech. and under the law is not a threat. >> not a whole lot different from trump talking about sotomayor and ginsberg, we should say, everyone should layoff on all this. i'm not sure it worse thing in world for politicians, there are different branches of government, they are allowed to cast rhett call -- rhetorical arrows. >> they should attack the court as an institution if they disagree, they should not attack the individual. >> there has been a tit-for-tat on both sides. >> i disagree what trump said about coto dedsosotomayor and gs inappropriate to talk about personality positiv and so fortd bash trump. this is a threat, it is shows schumer's level

joining us to weigh in judicial analyst and host of liberty file on fox nation judge andrew napolitanod morning. >> you almost can't anticipate where these things are going. the fbi would be knocking on your door looking for whether you can afford things or somebody sneezing will turn out to be a terrorist act. this is a novel area of the law and we don't where it will go. rob: can you imagine a situation where they -- seems like one of those dumb kid stories where usually you will find leniency. you see that happening? judge napolitano: the governor of new jersey i will give his do. trying to make a point that we have to socially distance ourselves. of this guy really did have covid-19 and attempt to give it to the cashier over the price of eggs, he can be charged with very serious crimes. the anti-terror laws say anyone who spreads biological agents among the populace more than once in an effort to change the policy of the government can be tried under the anti-terror laws. i think the state of new jersey overreacted but i understand them wanting to make a point. turns out this guy d

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quarantine to attend a father-daughter dance, now that school canceled classes for the week, judge andrew napolitanorules? >> rules from modern day america are series of supreme court opinions. that pertain to people who are mentally deranged and unable to be safely free on their own. often these of people who have been convicted of a crime, served their time but too dangerous to be set free. all those supreme court opinions say the same thing, society can protect itself but each one of the people whose movement is to be restrained, entitled to a due process hearing, government would have to prove an active contagion, not just exposure, but you have it and your proximity to there ar another pn would give it to another person, and you are unwilling to restrain yourself, i in an assaultive mode. >> judge, i have a question, about the process of this. you talk about supreme court cases federal law. in new york a state of merge issued by governor, and areas of quarantine put on places like new rochelle, they are stale and local jurisdictions. if someone wanted to do a legal challenge. would they sue a l

connell: here now is the judge, andrew napolitano, fox news senior judicial analyst, host of "the liberty nation" among other things. the back and forth has been well-documented throughout the week. people have been thinking about this between mayor de blasio and governor cuomo. i am curious if there is any legal distinction, the governor keeps using the word quarantine, won't happen, the mayor says shelter in place. what are we talking about here? >> these are not legal terms, connell. i noticed that as well. but they're talking about the same thing. connell: okay. >> for people who are new to this, these people have been battling each other for dominance in the democratic party in new york state for years. in this case it is not a political battle or personality clash. this is a dispute over the law and the law is very clear. it is one hundred% on the governor's side. the governor of new york has vast authority over things local, elected officials do, far more so than most governors of other states. connell: different than california? >> very different from california. connell: so what

judge andrew napolitano. what does this mean?urt upheld the affordable care act by one thread. the thread is if you didn't comply with the individual mandate, you'd be taxed. under this theory, the congress did not have the power to force you to enter the marketplace and purchase a product you didn't want. it had the power to tax you if you didn't do so. so because the tax was in there, all 2700 pages of this statute were saved and said unconstitutional. when donald trump became president and the republicans controlled the house and senate, they invalidated it. after the tax was invalidated, the state of texas in order to reduce medicare and medication obligations imposed upon it, challenged the statute saying without the tax it's unconstitutional and a federal district court judge agreed with them. then it was appealed. not by the doj but by lawyers hired by the democrats in the house of representatives. the doj under president trump refuses to defend obamacare in the courts. even though that is part of its job. >> neil: part of

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judge andrew napolitano will weigh in next. dr.how to stay healthy while traveling amid the coronavirus outbreak. it's all coming up, right here. ♪ ♪ don't just plan to retire. plan to live. an annuity helps cover your essential monthly expenses, so you're free to live the life you want. find out how an annuity can give you lifetime income at protectedincome.org we'll keep building smarter suv's. to help keep you focused on the road ahead. and. the road beside. did we mention the road ahead. with an available best in class. epa estimated combined fuel economy and the technology to practically park itself. this is the reimagined 2020 ford escape. maria: welcome back. good monday morning, everybody. thanks so much for joining us. i'm maria bartiromo. it is monday, march 9th. your top stories right now, 7:32 on the east coast. a global market selloff this morning, futures trading at limit down. declines at the open could be even worse, the dow industrials right now down 1,255 points. all the averages down almost 5% right now. it all s

joining us now, judge andrew napolitano.e fines if you're not following guidelines? >> i'm sorry to say that none of it is legal. the government can in times of crisis use a bully pulpit. it can coerce, it can threatened. it can intimidate but it can't punish unless a statute has been enacted by the legislator and it provides for punishment. as well intended as governor murphy in new jersey or de blasio in new york may be to try to prevent people from gathering together and passing this awful disease between and among them themselves, they are without the authority to make that criminal. under the system, the governor and mayor can't write the laws. only the city council of new york or the legislatures of the respective states can. now, what will happen. people will get a ticket. a ticket. not arresting but like a traffic ticket. they will probably pay it. but if when this crisis is over of they challenge it, they're going to get that money back because the courts are going to find that the legislature didn't write laws earl

joining us now is judge andrew napolitano.cial analyst and host of the liberty file on fox nation. good morning to you. you very in detail take us through exactly what happened here. first off cuccinelli appointed to the new it was created for cuccinelli. >> correct to number two in the department. >> sandra: to the null created position. >> mcaleenan got fired and a new boss was appointed for cuccinelli without senate approval. and there is an exception to the senate approval. that is has this person ever been approved by the senate in their career. you may recall when jeff sessions was fired for attorney general. the number two person was matt whitaker. he was not confirmed by the senate but had been confirmed by the senate for a federal prosecutor job earlier in his career and he was able to have the job. ken cuccinelli was never a federal employee and never approved by the u.s. senate for anything. for as long as he held this job all the things he did, including making a lot of changes in rules at the border, are invalidat

joining us now judge andrew napolitano, fox news senior judicial analyst, host of liberty file on fox. you've seen what happened in the country of your ancestors italy. 16 million people under quarantine. >> and within hours of the announcement of the quarantine probably a million people attempted -- i don't know if they all did successfully to get out of that part of italy which imposed the quarantine. we could see that here. i'm sorry to say. i hope it doesn't come to that. dr. fauci would advise the president before such an order is given. that decision would have to be made on the fact that the pandemic is widespread and not controllable. can't be made on the basis of politics or geography. let's take a zip code in new york city where the cases are exploding. the government has the ability to quar an teens. three types. don't go into a public place, stay in your house. or we'll put you in a federal hospital like a v.a. or put you at a federal military base. draconian and haven't been done in the modern era but the statutes exist that would authorize the government to do that. that

. >>> judge andrew napolitano, we always need to hear from.u a little about these requirements that are getting more stringent and widespread among the states. maryland the latest to say the lockdown is in effect. we know a lockdown technically means you are closing roads, bridges, tunnels, that sort of thing, but we get the idea. it's strict enforcement of people staying at home or close to home and more and more states are doing it. what do you make of that? >> much of it is in direct violation of the constitution such as governor raimondo of rhode island stopping automobiles that have new york license plates and turning them away. that violates your right to travel and interstate commerce which is expressly guaranteed by the constitution. and now mayor deblasio here in new york threatening to shutter permanently churches and synagogues that persist in holding religious ceremonies. these are profound violations of the constitution. the only person that i have heard who is using the language properly is the president when he refers to all of

think on flip side would be "the liberty file" host, fox news senior judicial analyst judge andrew napolitano. judge this is kind of like your argument i remember after 9/11, for the good of protecting people we can get government potentially going too far. do you think it is going too far? >> i do. i don't want to second-guess governor cuomo who i have the highest respect. neil: how about second-guessing connell. i would recommend that. >> even higher respect. we have a constitution. there is no emergency trigger or no emergency provisions of constitution, it has to be follow. freedom, ability to move one place to another, the ability to buy a lawful product and sell a lawful product are default positions. i understand the virus. i understand the government wants to do something, wants to do it well, wants to do it quickly but it can't interfere with basic freedoms. when it does it, has to meet a high due process standard. it has to show a rational basis for it. why is the government of new jersey banning automobiles on state high bays after 8:00 p.m.? maybe i'm trying to get a home. neil: i

joining us right now is senior judicial analyst judge andrew napolitano. lawsuit. >> at the beginning, it has an unhappy ending which is that those photos under the consistent temporary ray understanding of the first amendment can be published and can be shown. i'm sure that the cops or ems or first responders, whoever they were, they haven't been identified yet, violated some internal regulation about not sharing evidence. but every time the supreme court has looked at this including a very famous case here in new york, called time against hill, it has found that the public's right to know even if catastrophic events supersede's the victim's right to policy. as for the lawsuit, the more we learn about the pilot, the more we learn he should not have been flying that helicopter on that day in those conditions. and i'm sure it will be settled. this is one of those cases where there's insurance and then there's reinsurance on the part of the owners of the helicopter. i don't think it's ever going to get to a jury. >> judge, are you telling me that in one of t

let's talk to fox news senior judicial analyst and host of liberty file on fox nation judge andrew napolitanoou were the hose. judge: hose. don't say anything, kilmeade. why are we going through this again? steve: good question it. sounded like he was threatening the. judge: judge it does sound like a threat. under the law this is not a threat. it's free speech. i condemn what he said but defend his right to say it. he is attacking what he perceives to be, what will be, what might be the votes of two supreme court justices, haven't even voted yet on an abortion case. his real objection is with the legislature and the governor of the state of louisiana which enacted, in my view a perfectly rational piece of legislation that says anybody that performs an abortion has to have admitting privileges at a nearby hospital to preserve the life of the mother and should the baby survive the abortion the life of the baby. steve: if something goes wrong. judge: correct. that's the issue before the supreme court. ainsley: why would anyone argue with that? steve: abortion. judge judge in his opinion as in t

stuart: bring in judge andrew napolitano, what do you think of this? >> it is very troubling.sn't even know what he is talking about, because at the time he said that statement justice kavanaugh hadn't said anything about the abortion, abortion oral argument. justice gorsuch didn't say anything about it throughout the entire oral argument. his objection to the louisiana law which he despises. this recklessness, this personalizing of attacks on the court is extremely damaging. there are nine people in the universe who have the authority to say what the law and what the constitution means. we accept what they say, whether we agree with them or not. we do not threaten them and we do not intimidate them. if we get to threat and intimidation point we will lose respect for law in this country. stuart: that is what it was, intimidation. >> attempted intimidation. i can't imagine it will be successful. but it is an attempt to intimidate. stuart: i'm not in the legal field. you are. have you ever seen anything like this before? >> yes, but i will tell you i have absolutely never seen b

here with the follow-up fox news senior judicial analyst judge andrew napolitano. the documents to see what the story is. but, in this case, they need the person to hear the story. >> because of the way she answered the questions in on the documents. here we go again. who thought this would be back just in time for the 2020 presidential election campaign? freedom of information act is a federal statute that allows anyone in this case some very courageous and persistent people at a group called judicial watch. we are all familiar with them. that allows anyone who seeks copies of government documents. judicial watch has been trying to get copies of these documents. when they looked at the documents, some of which were prepared by mrs. clinton, you heard what the judge said, the answers were deceptive, misleading, and generated more questions than they answered. therefore, he ordered her to be deposed she has never been deposed under oath on this. she was interrogated but not under oath three days before they exonerated her by the fbi. this one not only under oath the

answer that we have fox news senior judicial analyst and host of liberty file on fox nation judge andrew napolitano you. >> good morning, steve. so the answer is absolutely not. steve: started where they were stopping people with new york plates. now it's anybody coming into the state. does she have that authority? >> no, she doesn't. i mean, she modified her plan as you said after governor cuomo quite properly threatened to sue her for singling out new york. the problem is the states can't close their borders. why not? because the constitution was written largely to keep those borders open. so, the 14th amendment, after the civil war was written expressly to prevent a state from treating out-of-staters differently than it treats its own people. so, she has no ability under the law to stop anyone from coming in to the state. unless there is some unique circumstance. a bank robber being chased by connecticut cops into rhode island, obviously that personal can be stopped or a person engaged in some crime that the government can prove to a jury but stopping a human being because of the place of their

judge andrew napolitano says the power granted by the fisa court is troubling. >> these with the toolsump that started all the problems. jillian: some republicans on capitol hill are urging the president to veto the fisa renewal. they say it doesn't do enough to protect the public's privacy. a new bill could limit screen time for young kids at school. minnesota lawmakers are proposing a measure that would ban students in public schools from using tablets and smart phones from teachers. recommendation of the american academy of pediatrics and says kids age 2 to 5 should not be exposed to screen for more than one hour a day. the bill would also apply to kindergarteners. can you guess the giant bear mass singer? take a look. ♪ ♪ jillian: the singer stunning the judges. host nick cannon stunning the crowd during the reveal. >> oh, my god. wow. you guys cannot believe -- >> is that tina fay. >> governor palin. jillian: seemed to be entertaining. ainsley: i love that she thought it was tina fay. steve: that is hilarious. ainsley: janice is here and has the weather for us. janice: yes, i'm co

i want to bring in judge andrew napolitano, the judge by any other name. program. good to see you. >> thank you, stuart. stuart: what bothers me about this rescue package, the stimulus package that the senate has agreed to, i believe there is language in there inserted by senator schumer which makes sure that he can subpoena any and all papers from the president and his handling of the virus situation. what's with that, judge? >> well it is not exactly -- your facts are correct in that it was inserted by senator schumer but it does not give him the senate subpoena power. the committee has subpoena power. inspectors general much various departments branches appointed by, they hold their terms by a long time, president george w. bush, president obama or president trump himself. so it is a collective committee designed to assure transparency so that the public knows to whom the treasury secretary is giving out these loans. that is at least the stated purpose. the potential nefarious purpose, and i think the one that troubles you, and should trouble people lis

stuart: judge andrew napolitano. bill de blasio will send police to the parks and playgrounds toe enforce social distancing rules. seems like we in new york and maybe other parts of the country have trouble, difficulty maintaining long term control of the population. i think that may be why we're beginning to talk about an early return to work. what say you? >> i fully agree with you. you know, we come from a tradition of personal liberty and the idea of constraints whether voluntarily assumed or artificially enforced is alien to us. so it is odd, stuart. if you look at photographs of the national guard in the javits center, a very, very large, enormous, indoor arena, not far from where we are now in the middle of manhattan, you see 10 or 20 of them, they're two feet from each other. when you see police trying to break up groups of young people in central park, they're in pairs, they're about two feet from each other. when you see the president and his team giving the briefing from the white house briefing room, they

stuart: judge andrew napolitano is here. judge, you are in a different studio, not sitting right next to me as usual. i've got this question. what power does the president have to drastically restrict our movement and restrict our behavior? >> actually, short of martial law he has very little. the governor of your state has far more authority to restrict movement than the president does. by the way, president trump has already done just about all he can do under the current state of the law which is a limited declaration of emergency utilizing tools that permit him and him alone to open up a flow of funds to the cdc and to the state and local health departments. anything beyond that such as helicopter money about which you spoke earlier, or the physical restraint of people would require legislation from congress for which he has not yet asked. stuart: could he restrict domestic travel? in other words, say hey, seattle, you got to stay there, you can't leave, and you, you live in new jersey, you can't go to seattle. does he h

stuart: i want to bring in the judge, as in judge andrew napolitano at significant distance from me there. >> right. stuart: as you know the dc restaurant kruper plans to defy restrictions and stay open. what power does the local government say, hey you have to close? >> they probably don't have any power to compel them to close other than their norm as situation. i will give you an example. in st. louis this morning the mayor asked restaurants to close. about 90% of them did. the 10% that did not were picketed and browbeaten trying to close. some have, some haven't. look, if the restaurant is complying with preexisting health law, the government cannot force them to close. when they do close, they are doing so voluntarily, in the spirit of joint sacrifice. but under the law and under the constitution they have every right to stay open. crazy as it may sound, you and i, people watching us now have the right to go in there to eat their food. stuart: really almost a shaming situation? >> yes. stuart: hey, you are being irresponsible, don't do it, we ain't coming? >> yes. the flipside of thi

stuart: judge napolitano is here, fox news senior judicial analyst. okay. mayor bill de blasio and governor andrew cuomo, governor of new york, mayor of new york city, they disagree over new york city will face a shelter-in-place order. what are your thoughts on this? >> well, first glance this appears to be a rejuvenation of the well-known political feud between them, stuart, but it's far more than that. this is a serious legal debate over who has the authority to do what and the law is decidedly on the governor's side. the mayor simply does not have the ability to prevent people from walking into the streets but the governor does. now whether he should under the constitution have that authority or not is a philosophical debate and there is arguments on both sides but the point is, he does have that authority and the mayor doesn't. let me tell you what other authority he has. if he declares a state of emergency in the state of new york, he has the ability to remove temporarily all elected officials, municipal officials. so the marielly ought to be careful about tweaking the governor on this becau