Fox’s Judge Napolitano Lies About Classified Information and Courts

Fox’s Judge Napolitano Lies About Classified Information and Courts February 14, 2017

Fox News analyst Andrew Napolitano is either extremely ignorant about a very basic matter of law or he is flat out lying when he told host Bill Hemmer that the president cannot reveal classified information to a federal judge, preventing him from defending his travel ban.


BILL HEMMER (CO-HOST): If you, as commander-in-chief, were given an example that there’s an ISIS lone wolf or some kind of terror attack that could planned out there or could be in the offing, how would that fit based on the discussions and the arguments we’re having now?

ANDREW NAPOLITANO: Let’s say the intelligence community said to the president, “There are some dangerous people about to come in from three of those countries, but they also” — this is a hypothetical, Bill — “but they also have multiple IDs and multiple passports,” a plausible hypothetical. “We think you have to impose a ban until we can isolate them.” That is absolutely sound thinking on the president’s part to impose the ban. But he can’t reveal that to a court. He can’t reveal what the intelligence community told him, nor should he have to do it. Which is why, under the Constitution, the president makes foreign policy, not the Congress, and not the courts.

So-called Judge Napolitano, allow me to introduce you to the Classified Information Procedures Act, which was passed precisely to allow the release of classified information in cases where it is relevant with protections against its public release. It’s only been in place for 37 years, so I guess they just skipped that when you attended Billy Bob’s Law School and Bait Shop. Under CIPA, there are multiple ways that judges can review classified information, including ex parte and in camera proceedings. Those procedures are used all the time in federal courts all over the country. So are you abysmally ignorant or are you lying?

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