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we will talk to judge andrew napolitano in a moment. first in frankfort, kentucky, on the decision that was made today. >> charles, the big headline today, none of the three officers involved in the breonna taylor shooting death have been charged with murder or homicide. one former officer charged with a much lesser count of wanton endangerment. the attorney general saying 2 od to use force and return fire, because they were shot at first. the kentucky attorney general says all three officers were not involved in obtaining the actual warrants. they only had information related to carrying it out. evidence show that the officers knocked and announced at breonna taylor's apartment that this was not a no knock warrant. the attorney general says that was corroborated by an independent witness. the kentucky general saying breonna taylor was shot six times not five times. one child was considered fatal. the attender real journey he said the fbi determined it was officer cosgrove. in a statement, these three officers reported after entering be

i would like to bring into the discussion fox news senior judicial analyst judge andrew napolitano.us. just your thoughts how crazy it has been since the untimely death of justice ginsburg. >> well, let's start with, charles, good afternoon, always a pleasure to be with you, my friend. let's start with the legal and constitutional issues. the president has every right legally an constitutionally to nominate whomever he wishes to the supreme court of the united states and the senate has every right to accept or reject that nominee. there is no time limitation. there is no statute or provision of the constitution that says this can't happen in the middle of a campaign. it is unusual that is would happen this close to election day but there is no legal or constitutional impediment to it. the problem the president faces, the reason i said it is a bit of a gamble is, there are six, maybe seven depending how you count them incumbent republican senators up for re-election who are trailing their democratic opponents and have been for a couple of weeks. those folks are probably going to make

judge andrew napolitano joins us live. no preseason, no problem, at least for the winners.t second victories and highlights from a wild week two in the nfl. ♪ ♪ here? nah. ♪ here? nope. ♪ here. ♪ when the middle of nowhere... is somewhere. the all-new chevy trailblazer. ♪ >> senate republicans who know deep down what is right for the country and consistent with the constitution, i should be the one who nominates justice ginsburg's se successor. jillian: it is monday, september 21st. supreme court controversy, joe biden says he should be the one to replace late justice ruth bader ginsburg, an apparent flip-flop from his stance from 2016. todd: we are live in washington with the left's new impeachment threat. >>> well, they just dumped millions of ballots all over the country. it's not going to work. it's going to be a disaster and they know it. jillian: an exclusive fox news interview, president trump sounds off on mail-in mayhem, his warning to voters about election day chaos and the far left's future. todd: you've got to watch this, the coast guard jumping into action to s

from getting a potentially life-saving vaccine and the answer is yes, judicial analyst judge andrew napolitanoit comes to health and safety they can impose stricter is the federal government but in this one, cuomo trumps trump. >> they have butted heads over many things in recent months. thank you. what about governor cuomo's pledge, not to authorize the vaccine, a, quote, trump vaccine without having state officials that it first. let's talk about operation speed and healthcare reform the president rolled out, with the author of the new book the price we pay and fox's medical contributor, the politics of fear and the power of science doctor mark siegel. good to have you both with us tonight. i want to start with you on the threat from governor cuomo. how do you think this benefits or doesn't the people of new york saying even if the fda approves that we will have another vetting process before you can get it in new york. >> i don't think it benefits new yorkers which i think judge andrew napolitano is right, the state is the healthcare center. he has the right to do this but here's the proble

giuliani and judge andrew napolitano from fox news were the president's big ideas for his two supreme court vacancies. but instead he let mcgahn do them. of course, he's also a man who reportedly also believed he could pay money to settle any adverse findings from the mueller investigation, so -- here's more. michael schmidt describes in his book president trump in april 2018, convincing himself that he personally, he, the president, could prosecute and lock up hillary clinton and james comey, and he tried to. this is remarkable. it starts on page 308 of michael schmidt's new book, which is out tomorrow. quote, in the middle of april, trump turned to one of the few people in the white house who, in spite of their differences, he believed could actually get something done, don mcgahn. in an oval office meeting, the president complained to mcgahn about attorney general jeff sessions for his refusal to prosecute hillary clinton and james comey. trump told mcgahn he wanted to order sessions to prosecute them. if sessions didn't want to do it, trump said he wanted to use his power as presi

judge andrew napolitano is here to weigh in.service members were killed in afghanistan. and the widow of one of those fallen heroes joins us live next. ♪ i'm a performer. -always have been. -and always will be. never letting anything get in my way. not the doubts, distractions, or voice in my head. and certainly not arthritis. new voltaren provides powerful arthritis pain relief to help me keep moving. and it can help you too. feel the joy of movement with voltaren. i had moderate-to-severes rheumatoid arthritis. feel the joy of movement i've always been the ringleader had a zest for life. flash forward, then ra kept me from the important things. and what my doctor said surprised me. she said my joint pain could mean permanent joint damage. and enbrel helps relieve joint pain, and helps stop that joint damage. ask about enbrel so you can get back to being your true self. enbrel may lower your ability to fight infections. serious sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system an

we'll is ask judge andrew napolitano. he is next. ♪ ♪ the lexus es.at your lexus dealer. they're going to be paying for this for a long time. they will, but with accident forgiveness allstate won't raise your rates just because of an accident, even if it's your fault. cut! sonny. was that good? line! the desert never lies. isn't that what i said? no you were talking about allstate and insurance. i just... when i... let's try again. everybody back to one. accident forgiveness from allstate. click or call for a quote today. stuart: a federal judge ruling that the pennsylvania governor's virus lockdown orders are unconstitutional. look who's here, the very man to address this subject, judge andrew napolitano, fox news senior judicial analyst. all right, let's not go through the legal process here, let's go through what happens now because with, if it's unconstitutional, can i just go to pennsylvania, break the rules without penalty? >> yes. yes. at the present time the governor's orders, stuart -- and good morning, it's always a pleasure to be with you -

proposals for who should be on the supreme court were number one, rudy giuliani, and number two, andrew napolitano from fox news. but, instead he let mcgahn. of course, he's also a man who believed he could pay money to settle any adverse findings from the mueller investigations. so, here is more. michael schmidt describes in his book, president trump in april 18th, convincing himself that he personally, he the president could prosecute and lock up hillary clinton and james comey and he tried to. this is remarkable. this is on page 308 on michael schmi schmidt's new book which is out tomorrow. in an oval office meeting, the president complained to mcgahn for his refusal to prosecute hillary clinton and james comey. trump wanted to order a session to prosecute them. he wanted to use his power to prosecute them on his own. it was a startling disclosure even for trump. immediately mcgahn realized that the president's determination to use the justice system to select prosecution against his enemies was an enormous problem. now his push for revenge of abuse of his power. trump shows mcgahn that the pre

in the 2 hours before that, house minority leader kevin mccarthy, charles payne, judge andrew napolitanoly hemingway. the law enforcement community supporting the la sheriff's deputies who were ambushed a couple days ago, new york city police officer raised thousands of dollars for their families. we have a busy three hours kicking off on the channel you trust for your morning news, back in a couple, watching fox news. i had saved up some money and then found the home of my dreams. but my home of my dreams needed some work sofi was the first lender that even offered a personal loan. i didn't even know that was an option. the personal loan let us renovate our single family house into a multi-unit home. and i get to live in this beautiful house with this beautiful kitchen and it's all thanks to sofi. everything we have, we've earned. the unmistakable lexus is. get zero percent financing on the 2020 is 300. experience amazing at your lexus dealer. instwith vicks sinex saline congnasal mist. experience amazing for drug free relief that works fast. vicks sinex. instantly clear everyday conges

judge andrew napolitano, is the best, knows this stuff in and out.e're telling you what is going on the corner of wall and broad with the runup in the stock market. told you about tech stocks coming back. banks, they are on fire. they are up at least 2%, whether talking about bank of america, citigroup, goldman sachs, wells fargo, morgan stanley, jpmorgan chase, low interest rates are one catalyst. but this idea they might be benefiting from all this treasury note bond buying, that too has been a favorable development for them. and the fact they're optimistic about the loans on their books, they're being paid back just fine. stay with us. you're watching fox business neil: they say debt can shield you from a lot of trouble but in the case of donald trump, if we were to believe these "new york times" revelations that look at some two decades of tax returns or tax notices sent to the irs, the president good many of those years, 10 of those years, not paid any federal income taxes at all, over the last two years, most recent quoted, 2016, 2017, this doe

we will talk to judge andrew napolitano in a moment. in frankfort, kentucky, on the decision that was made today. >> charles, the big headline today, none of the three officers involved in the breonna taylor shooting death have been charged with murder or homicide. one former officer charged with a much lesser count of wanton

. >> but many legal experts, including our own fox news analyst judge andrew napolitano, see bright redgs. >> the president has found an attorney general willing to stoop to great depths in order to protect him and to insulate him from paying legal bills. the attorney general has grossly misused the assets of the justice department. >> she herself reacting to news from the doj tweeting to donald j. trump, sir, i and my attorney are ready, so is every woman who has ever been silenc silenced. so is every american citizen who has been trampled by bill barr in the doj. bring it. if if doj successfully takes over the case and e.g. and carol would win the case and be awarded damages in a civil case, the money, the reward would not come from donald trump's personal account, it would come from the american taxpayer. bret. >> bret: we will follow this. david, thank you. up next, the latest on the prospects for a coronavirus vaccine. here's what some of our affiliates on the country are covering. fox 12 in portland as oregon's governor says wildfires raging across the pacific northwest could brin

latest example of republicans attempting to keep floridians disenfranchised with me now is judge andrew napolitano the law on, this judge? >> well, you know, there is a little bit of accuracy in what they are both saying. so the law prohibits paying someone to vote, what used to be called pocket money or walking around money. it's very common in some big cities in the north and in chicago for a number of years. hey, have you voted yet? no. here is 25, here is 50 bucks, go vote. by the way i work for so and so. that is a crime but it was rarely prosecuted because the numbers were so small. if, however, the bloomberg people and as i understand it, the former mayor is giving money to a nonprofit. >> dana: yes. >> if the nonprofit is saying we are just going to get rid of your fees and fines so that you can vote, there is no crime. if there is an indication of you who the nonprofit wants them to vote, then there is bribery. look, it is not uncommon, dana, for people to pay the fees and fines of ex-cons. usually these people are family or employers or nonprofits that want to help ingratiate these peopl

let's bring our fox news senior judicial analyst, judge andrew napolitano, we want to talk about paullanc de my problems with mail-in ballots but first of all, benjamin crump, an attorney for breonna taylor's family has been calling for grand jury proceedings to be released. what do you think about this call and put something like that ever happened? >> good afternoon, sean. it could happen but this is not the decision of the attorney general of kentucky or even the line prosecutors in the grand jury presenting the case to the grand jurors, it's the decision of the presiding judge of that county who has authority over the grand jury. this would be an extreme rarity and a risk and it might show a rational basis and a strong legal basis for the grand jury decision. it might show, i am just saying, i have no basis to suggest this happen but it might show the prosecutors tailored to, and they do this a lot but i don't know what happened in this case, tailored their presentation to produce this end result. new york judge wants famously said "a grand jury will indict a ham sandwich if the p

judge andrew napolitano told me tonight when it comes to health and safety, states can impose strictergovernment but it looks like at least for this one, shannon, that cuomo trumps trump. shannon. >> shannon: okay. it was to have heads over many things in recent months. i should thank you. >> you bet. speeone's a lot about cuomo pledge? a trump vaccine for the people of new york without having state officials vetted first. let's talk about operation warp speed and the health care reform the president rolled out today. fox news medical contributor -- dr. marty makary. fox news medical contributor, author of the upcoming book "covid, the politics of fear and the politics of science." dr. marc siegel. good to have you both with us tonight. >> hi, shannon. >> good to be here. >> shannon: dr. siegel we will start with you on this threat from governor cuomo. how do you think this benefits or doesn't the people of new york saying listen, even if the fda approved listing will have a whole other vetting process before you can get it here in new york? >> i don't think it benefits new yorkers. i

judge andrew napolitano.ght now that john durham is conducting. stay with us. we'll be right back. this is decision tech. find a stock based on your interests or what's trending. get real-time insights in your customized view of the market. it's smarter trading technology for smarter trading decisions. fidelity. knowinit's hard.re is hard. eliminate who you are not first, and you're going to find yourself where you need to be. ♪ the race is never over. the journey has no port. the adventure never ends, because we are always on the way. ♪ ♪ maria: welcome back. good monday morning, everybody. thanks so much for joining us. i'm maria bartiromo. it is monday, september 14th. a look at markets at 7:32 a.m. on the east comment. major deals and upbeat news on coronavirus vaccines lifting investors this morning. futures indicating a gain of 266 points. the nasdaq is up 170 and the s&p 500 currently up 42 points, one and a quarter percent. this after a tough two weeks, the dow, nasdaq and the s&p 500 marking their se

andrew napolitano host of the liberty file on fox nation. judge, great for you to be here.of the constitution and law similar to scalia originalism and how that can tell us how she would rule on future cases. >> so justice scalia did not originate the idea of originalism but certainly offered it as the basis for his interpretation of the constitution. one side is texturalism. the other side the original list many. texturalism you interpret the plain words of the constitution as they're written by what they were meant, how they were understood to be meant in 1789, when the document was ratified. originalism says when the text is ambiguous or does not cover an issue that arises today because the framers couldn't have thought of it you go to the underlying values of the constitution as they were understood in 1789. these two theories are the opposite of justices breyer, kagan, sotomayor, and the late justice ginsburg. they believed in a living constitution. they did not -- and they do believe. they did not and do not feel bound by what the words meant in 1789 when the constitu

joining me now is fox news senior judicial analyst, judge andrew napolitano.n, i see it as tip o'neil's comment that all politics is local and this is an exception to it. i think this is the national issue and it will animate the races in the senate. and there are six republican senators who are right now losing to their democratic opponents in their races for re-election and they'll make decisions as to how they vote on the president's nominee whom we can expect to learn the identity of in a couple of days. on the base is -- basis of what helps them politically. the president is determined to offer this nominee and senator mcconnell is determined to have a vote on it but they're not going to have a vote on it if they don't have 50 votes to support the person. so a lot of it is politics. a lot of it will depend upon how the public perceives this. does the public want to wait until january where a reelected donald trump or a newly inaugurated joe biden gets to make this pick or does the public want the president to pounce on this opportunity that he now has to

let's ask fox news senior judicial analyst judge andrew napolitano.rt on gyms, a few days before it was going to go to court. they ended up opening up the gyms on long island in west chester do you think that's a similar pattern here? >> i certainly hope it's the same pattern here. i mean, initially, governors of new york and new jersey new jersey restaurants are open for 25% of capacity. basically making their decisions on newspaper articles and public fear. and then they realized they had to make their decisions on the basis of science. then they established certain minimum standards that would have to be met before things could open up indoors. guess what? everywhere in the state of new jersey and everywhere in the state of new york, excepted new york city, those standards are complied with, meaning if you have a very low rate of infection in lon in or bergen cr west chester low enough so you can open up the restaurants and the same low standard in manhattan, they still won't let you open up in the city. brian: a joke. >> they are not following the

judge, andrew napolitano really good important to get your take on that. thank you.avirus. eli lilly dave ricks join megaon fox business this morning with breaking news about its antibody test and digy small crowns smash auction estimates the whopping price tag coming up. back in a minute. still your best friend. and now your co-pilot. still a father. but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work. just a little easier. still a legend. just more legendary. chevrolet. making life's journey, just better. ♪ if i could, baby i'd ♪ how can i, when you won't take it from me ♪ ♪ you can go your own way ♪ ♪ go your own way your wireless. your rules. only with xfinity mobile. maria: welcome back breaking news morning, eli lilly reporting results for phase two of his antibody drug trial lilly saying antibody releasing for covid-19 patients stock is up one and three quarters percent and speaking with chairman and ceo dave ricks on a first on fox interview coming up in about ten minutes time. don't miss

we print money in the basement as a joke but the best story about these incentives is judge andrew napolitano. he has known trump for decades but he is a lawyer and understood that trump was guilty of crimes relating to ukraine and understood that the obstruction of justice had been puech by bob mueller and called it out on the air and for that he was shunned by trump, trump hate tweeted about him repeated napolitano lost his time slots and wasn't getting booked as much. had a produce are from one show say that maria would only book him -- talk but nontrump stories because if they booked him about trump, he would get angry and get upset and it wouldn't go well. that is the perverse structure that is in place there. >> host: and trump is calling the network constantly complaining about the coverage and that's one that this is interesting in the book. it's very specific about how often he is calling rupert murdoch, how often he is calling hannity and he has this constant dialogue with the network. so, the audience doesn't realize i think they do now because it's come out -- that according to th

judge andrew napolitano and with us and tried to strike the right tone immediately out of the gate saidowing praised the life of justice ginsburg and talked about friendship they have. she saw it first hand because she worked for justice scalia and she'll pursue this with humility and courage i think she's going to need both, judge. >> you're right she's going to need both, and let me start by reviewing my bias. i'm staunch supporter of judge barrett graduates of same high school and generation ahead of her. we have many, many knew chill friends and i don't know of him that doesn't have a highest regard for her one of the things that they love about her which you pointed out is her humility as intelligent as she is she doesn't attack people. she attacks ideas. and that humility is almost irresistible that ire resistibility will be a profound weapon she will use when trying to mold a majority on the supreme court. i think she's going to fit in just perfectly. for the president, this is a moment of triumph. she has wanted to do this cement a conservative majority on the supreme court of t

judge andrew napolitano. we'll be exploring that. in the meantime we have eight supreme court justicesment can you imagine if we had any controversi controversies with the election and as in the 2000 election, if a 4-4 court if it ever came to be, then what do we do? all of this comes up right now in light of the death after iconic justice after this. ♪ >> you know, much has been made of the relationship between justice ruth bader ginsburg and the late justice antonin scalia. opposite minds of the legal thinking tracks here, but there was another special relationship that the liberal justice had with the conservative clarence thomas, that's a unique angle that you don't here much about. a former clerk to the supreme court justice clarence thomas and we don't hear much about that, but they had a special bond, didn't they? >> you know, justice thomas is really someone who likes to get along well with his colleagues and justice ginsburg as we heard did as well. when you're serving for a life tenure you know you're probably going to spen

judge andrew napolitano was on fox and friends earlier.tial nomination of amy coney barrett to the supreme court. >> this nominee this morning, amy coney barrett, is the conservative intellectual, sort of in the neil gorsuch mold, that president trump has been promising he would nominate. he has been utterly faithful to his promises with respect to the intellect and ideological orientation of the people that he has nominated. but for donald trump this is a moment of triumph. three justices in three and a half years. all of a similar intellect and all of a similar attitude but the constitution. pete: remember the president was one of the first candidates to release a list. these are the people can i pick from so you can understand my judicial philosophy. i thought a little bit about this. why can't joe biden do that? well, you would be listing a -- you would be releasing a list of radical activists which ultimately creates all these other cascading effects of critiques of those people. the listing for the president hasn't hurt him. all of t

for multiple days this november due to the states highest voter turnaround in history, judge andrew napolitanoe voting already in there so anxious to vote in the election, is a very important election. but are you worried about the methods by which they are planing to vote? >> the colleagues at the wall street journal point out in a fascinating editorial this morning that we have 52, counting the district of columbia and puerto rico, 52 state laws, no two of which are like and some of which allow you to request an absentee ballot as late as november 2 which is the day before election day. so there is no federal or centrally managed election for president. there are 52 separate elections. the federal law says voting must stop on election day. the counting can resume but people cannot do the mechanism of voting whether that means going to the polls or putting it in a mailbox or physically handing in a ballot, they cannot do that beyond election day. so we may see one side or the other win by a large number or we may see it so close on the morning of november 4 that florida will look like law sch

i'd like you to take a listen to what judge andrew napolitano said to neil cavuto this morning about especially vulnerable ones. take a listen. >> the so-called six vulnerable republicans, we all know who they are, will do what the polls tell them to do. if they think getting this nominee on the court before election day will help them get reelected, they'll do it. if they think forcing a vote on this person before election day will cause the democrats to take the senate, they won't do it. alicia: secretary, as you know, senator cory gardner, republican here in colorado, is considered one of the most vulnerable. what kind of pressure is on him right now? >> you know, it's going to be immense pressure on him x he should do the right thing. he should do what i think the people of america want, and that's for the voters to decide this, because it's going to be so important in the lives of americans for generations to come. we're 45 days away from the election. the election ought to come, ought to go. the santorum to have of the election -- the victor ought to be able to nominate the suc

. >> sandra: joining us now judge andrew napolitano, fox news senior judicial analyst and host of theking to you this morning. thank you for doing this. first off is mitch mcconnell playing with fire as aoc put it? >> well, it really depends upon the mood of the public. does the president have the right to offer a nomination now? of course he does. does the senate have the right to examine that nominee and vote yay or nay on that nominee before election day? of course they do. the problem that mitch mcconnell faces is the six or so vulnerable republican senators up for reelection who would want to do what they think will help their reelection bid, which means they will take a poll to decide how this goes with fire as well. the idea of impeaching the president in order to prevent him from doing what he has every right under the constitution to do probably will not rest well with the public. what's the impeachable offense? you can't just throw impeachment out there in order to prevent the white house from operating. that would have a very, very serious consequence. it might cause the de

joining us to talk more about that is senior judicial analyst, judge andrew napolitano. see you. >> good morning, maria. maria: your reaction? >> well, the judge ruled shortly before midnight that the government is enjoined from interfering with the tiktok structural relationship until there's a trial. it's very unusual because federal judges are required to give reasons and to write them down in an opinion at the time they make any kind of an order, whether it's a final determination or a preliminary injunction as this one was. the judge did that but he didn't publish it. he sent it to the lawyers for both sides, the justice department and bytedance's lawyers for them to review. why would he do that? i suspect there may be some information in there that is either proprietary to tiktok or sensitive national security information and he wants the lawyers to sign off on it or to ask him to redact certain information before he makes it public. however, judging from what he said in the oral argument which was late yesterday afternoon, it appears as though this judge's concern

here with a closer look at the actual charge fox news senior judicial analyst judge andrew napolitano good morning to you. >> good morning, steve. steve: okay. so there is a lot of frustration, a number of people think that the police officer should have been charged. what is this charge that he faces within a done endangerment? >> well, within a done endangerment is the kentucky phrase, the kentucky legal phrase for the reckless use of a dangerous instrument. so the dangerous instrument could be anything from a golf club to a motor vehicle to a handgun as in this case. this particular officer did not fire into the apartment. he fired wildly into another apartment. and for reckless use of a handgun, reckless firing at someone who had nothing to do with this he was indicted. the other two officers, the one of whom unloaded six rounds through the apartment door one of which killed ms. taylor were not charged. steve: and the grand jury agreed with the prosecutors that the police could use -- they were justified in using force because after they did knock on the door, nobody came to the d

stuart: judge andrew napolitano joins us now, fox news senior additional analyst, anyway you slice it> you are exactly right, the late great one said all politics is local and this year will be an exception to that, the choice of whoever the person, nominee is, the right to make the choice, the decision of the senate to vote on that choice will all be hot button issues in the house of representatives and senate election brought the country as well as perhaps second only to coronavirus in the economy in the presidential election, the democrats will wage world war iii to stop this person, particularly if it is judge amy coney barrett, a friend of mine who is a fierce catholic, has already said she believes roe v. wade should go, the democrats will do everything short of turning the electricity off, i'm exaggerating a little bit in the senate chamber to prevent a vote on her, get ready for this battle that you have been warning about. stuart: house judiciary committee chair jerry nadler says if biden wins in the democrats win in november, the court should be packed, you know what that me

judge andrew napolitano joining us this morning.this morning, we'll talk about the pandemic, the race for a vaccine and the astrazeneca news this morning. plus california congressman devin nunes is here on the ongoing investigation on the spying of the trump presidential campaign, the origins of the russia probe. who will be held accountable. we are waiting on john durham's criminal investigation. major mistakes people make when getting rid of old computers and phones, why your personal information is at risk. you're watching "mornings with maria" live on fox business. stay with us. >> this week on "mornings with maria," tomorrow, it's the word on wall street, our expert insight on the best ways to allocate your capital for the future. and friday, former new york city mayor rudy giuliani and former nenew york stock exchange ceo dk grasso close out the week, that's all right here on "mornings with maria." change the plan or stay the course? that's why northern trust is here. with specialized expertise... a history of success through

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joining us now is judge andrew napolitano. good morning, judge.sley: why don't you weigh on in this. >> nothing wrong with being aggressive. those destroying private property and individuals that's what the government should do. is not the case for sedition. sedition was the sedition laws which, by the way, go back to 1798 sedition laws written for those who plan and plot to overthrow the government either by violence or some other means. steve: inciting. >> yes. that would be a bridge too far. you can charge these people -- first of all, you have to exclude, before you charge them, you have to exclude their constitutional rights, meaning if they are there expressing an opinion, they can't be charged. their expression of an opinion turns to violence, then they can be charged for the act of violence, for destruction of property, for inciting a riot, for harming individuals, for attacking government buildings. buff the idea that this is some kind of an organized plot to overthrow the government, there is no basis for that and appears absurd. steve:

ainsley: judge andrew napolitano, he joins us. fox news senior judicial analyst.his. italian know, io is there a goon meals in there. >> i never heard of lasagna soup. steve: it's so good. >> i'm dying to read that book. steve: blt pasta in there cathy and i do brian: take that chef boy r de. >> i want a copy of that book. ainsley: so much to talk about. pelosi mentioned impeachment. listen to this now. all right but i'm going to press you one more time. what is your power to do. this i get the election. you can get up more. can you speak out more. you can do more impeachments, things like that. do you have enough power? >> well, we can impeachment him every day of the week for anything he does. in fact,. >> why not? >> 200,000 people dying. >> why not? >> the american people want to know what we're doing that effects them directly. >> okay. ainsley: quite an interview, right, judge? will. >> politically the democrats in the house have the majority and they can impeach him for whatever they want. but that would not be lawful and it would not be constitutional. bec

brian: who to react is judge andrew napolitano. judge is, this standard?rian, for the federal government to assume the defense of an employee of the federal government who makes a statement that is unrelated to his official duties. it is standard, president bush was defended. president obama was defended and the attorney general has a right members of congress have been defended when they do something or say something related to their official duties and they are sued for it. but the president's comments, i didn't rape her because she is not my type is hardly related to his official duties. so that's why it's an improper use of the government's tools to enter the case. now, when the government enters the case. it not only pays for the lawyers to defend the president, it not only moves the case to the state court to federal court. but the government becomes the defendant. president would no longer being the defendant. when the government is the defendant. the case goes away. because the case is based on deadefamation and the federal government cannot be sue

ainsley: here to weigh in is fox news senior judicial analyst judge andrew napolitano.judge. >> good morning, ainsley. good morning, guys. ainsley: how normal is this i know the president has his coalition lawyer lawyers for. >> it is normal for them toe goat their legal forces in order. we have the example, of course of bush against gore in which the legal forces were amassed after election day when it became apparent that the florida count and real count would be disputed. but that will seem like child's play compared to what may be coming in november this year because with the voting by mail, there is going to be a dispute over whether or not the signature on the document containing the ballot. you don't actually sign the ballot. you sign the envelope that you put the ballot. in whether that signature matches the voter signature registered with the voting officials. that's what the dispute will be this year. and it likely will not be in one state. it will be in many states. so, the biden team is wise to be prepared for this just as the trump team is prepared for this