>>judge napolitano: no. >>shepard: a lot of those who watch this case and have followed michael jackson's life will say, he has paid that man $150,000 a month to watch over him because he had a lot of problems, that began as a very young child and they will go on to say, this man was paid that money to watch over him, to help him sleep, to keep him from, in many cases himself. and he is dead. >>judge napolitano: that is the case. >>shepard: he could be found guilty and never spend a day in prison. >>judge napolitano: that is the essence of the case against him and his fortune for the timing of it and the state's mismore opportunity. >>shepard: thank you, judge, we did not want to miss a moment of this. we take our break now and then be commercial free while i was away e-trade's techno-magic -- thanks martha -- triggered my stop loss orders... saved me a pantload. [ crying ] oh great. every time i fly. my ears! swallow! [ male announcer ] upgrade to first class investing technology... at e-trade. ♪ feel the

>>judge napolitano: whoever is in the white house does this. >>shepard: well i don't have an opinion on that but i will watch it. >>judge napolitano: you do remember when nixon was president, and his documents were subpoenaed, the famous supreme court and nixon lost. >>shepard: we all lost. nice to see you. we will watch for the judge on "freedom watch," week nights on the fox business news giving you the power to prosper. the most popular business news and here i tell you that. fox business news. right up the dial. and now the occupy wall street protesters and demonstrators in oakland, california, clashing violently with the cops again last night. and now, to san francisco, this shut some stuff down? >> the port of oakland was closed and officials say it is opening again and everyone should come back to work, and the port is assuring employees they are safe after what happened last night. up to 4,000 demonstrators blocked streets around the busy shipping hub for hours mailing good on one of the stated goals of the general strike there in oakla

>>judge napolitano: not that many. it could be nothing but reckless endangerment, doing something stupid and dangerous but never intending to harm minute and the bullets ended up in the white house where the president, of course, was 10,000 miles away and it could turn out this is the tip of the iceburg but the government should not charge and judges should not make a decision on the basis of what might be but, rather, on the basis of what evidence the government has that it presents to the court. >>shepard: disturbing stuff from witnesses. you heard that? >>judge napolitano: probably have not. >>shepard: witnesses say this man called president obama "antichrist," and said he needed to "kill him," and said he has to "hurt president obama," and said to another "i will not stop it's done, president obama is the devil," these are all quotes from witnesses. >>judge napolitano: all of that, although it is hearsay and the government has no obligation to bring them to the court at this stage, that is sufficient to induce a ju

>>judge napolitano: it is weird. and the law takes an ambiguous approach. in one respect, here is what a judge says. two people are suing each other. they resolved the case and agreed not to tell anyone. so i will wash my hands of it. the other approach, wait, you filed a lawsuit? you engage the government, you engage the joy -- judiciary and the public has a right to know. if these cases, there were lawsuits filed or complaints made and they were resolved with settlements. pieces of paper. which the petroleum settles agreed to do certain things and not do other things. >>neil: the national restaurant association, not an individual. >>judge napolitano: from reading between the lines herman cain was a party to the agreements so if the agreement says the settling party shell creep the agreement he is not bound by that because he was not a party. so it may be true he did not know of the dollar settlements. >>neil: but he knew about the entering of the agreement. judge mathis: it would be inconceivable he did not know the indicate was settled. in when case he l

thank you, judge, judge napolitano has a hit show on fox business network. evil bankers, lazy americans, and, now, what the heck, the whole world. when the blame goes insane. ♪ ♪ ♪ when the things that you need ♪ ♪ come at just the right speed, that's logistics. ♪ ♪ medicine that can't wait legal briefs there by eight, ♪ ♪ that's logistics. ♪ ♪ freight for you, box for me box that keeps you healthy, ♪ ♪ that's logistics. ♪ ♪ saving time, cutting stress, when you use ups ♪ ♪ that's logistics. ♪ congratulations. congralations. today, the city of charlotte can use verizon technology to inspire binesses to conserve energy and monitor costs. making communities greener... congratulations. ... and buildings as valuable to the bottom line... whoa ! ... as the people inside them. congratulations. because when you add verizon to your company, you don't just add, you multiply. ♪ discover something new... verizon. >>neil: the economy stumbling? just get blaming. >> we are not hungry trying to attract new businesses into america. >>n

and now to the judge, fox news senior judicial analyst judge napolitano. they will take up more than the mandate. >>judge napolitano: they will take up the right of the plaintiffs to sue. under the constitution, plaintiffs have to have what is called "standing," meaning their o has been gored and they have been harmed. not they might be harmed in the future but they have been harmed. the law has not yet kicked in. so do the plaintiffs have a right to sue? if they do the court will proceed to, is the mandate constitutional in is it sever able, meaning is it unconstitutional and are the impositions mandated on the state constitutional. going back to standing, if the court finds the plaintiffs are not the right people to bring the case, it will hear nothing on the merits of the case and it will go back to square one. >>shepard: why would it reach that decision. help us understand that on the standing. >>judge napolitano: the court has a policy from the constitution preventing it from giving opinions on what might happen in the future, called advisory opinions

>>judge napolitano: the wife's opinion of what happened? that is not admissible in new york because of spousal privilege, can you prevent your spouse from telling a court what you and your spouse talk about. or what you admitted to your spouse. but the court doesn't need that, it has the testimony of the other person on the conversation, the young man, now 39 who says that he was a victim of the crime at the time he was a young person. he would get on the witness stand and say what happened to him and that is far better evidence for the government than the wife's opinion of what she thinks her husband was probably doing. >>shepard: makes sense, judge, thank you. the judge at 8:00 weeknights on fox business network. >> people in egypt kicked out their leader and called for freedom and today they got the first chance to take part in democracy but that does not noon they are through fighting. the mess in cairo and across egypt. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured sett

>>judge napolitano: a couple of decisions to make. the supreme court doesn't have to hear any case it doesn't want to hear, so, the losing side in the four cases which the courts have ruled have asked the supreme court do hear it. the government won three times, three federal appellate courts have upheld it and the government lost one, and one invalidated it. when that happens, when the immediate appellate courts are at odds and the federal law means different things in different parts of the country it is a classic tune. the prediction, they will take the case and hear the appeal and will do so in the next month. >>shepard: you are not about government mandates. what is your position where it stands. >>judge napolitano: my view is it will be 5-4 vote like a lot of ideology cases, can the government do their or not do this, did the framers intend it or not, and the deciding voting be justice kennedy and people are all over the place on predicting which way he will go and it is addition to predict. i have read every published opinion t

>>judge>>judge napolitano: he wa terrible governor but he was considered one of the brittest and smartest people on wall street and he made a bet and he lost f he used other people's money without their permission and against their will, to pay off some of his bills because of that bet, there will be a criminal investigation. if it it was sloppy bookkeeping he will be without money but he will be free. >>neil: thank you, best selling author, hope of "freedom watch," judge napolitano. kim kardashian and athens, greece, we link. and you laugh. or not. favorite uses for sync? movie listings for me. yeah, i do everything with it. . an accident doesn't have to slow you down. with better car replacement ailable only with liberty mutual auto insurance, if your car's totaled, we give you the money for a car one model year newer. to learn more, visit us today. responsibility. what's your policy? ♪ ♪ >> neil: well, i hate to say i told you so, but i told you so. if the world was on paper with a bunch of holes on paper, that is not a deal. if a wedding couple gets $18 million up front sponsoring

our guest tonight, judge andrew napolitano will be joining us. a fine man, we're excited to have him on the program. but we begin tonight in the field of presidential politics have. you been following the gop presidential race you know that hit ens romney has been-- mittens romney has been the uncontested front-runner for everyone's second choice. (laughter) >> jon: for the republican nomination. he's the subject of tonight's installment of indecision 2012, scared mittless. (laughter) when polling began a year ago, polling began a year ago for the republican presidential race mitt romney was polling in the low -- and was in second place. and since then so much has changed. >> minnesota congresswoman michele bachmann surging ahead of the 2012 field. >> huckabee leads 19% a romney is trailing, with 18%. >> gallup has perry leading with 29%, mitt romney now second with 17%. >> then governor christie tied for first place with the former massachusetts governor mitt romney. >> in the latest cnn poll of republicans romney came in second to rudy giuliani

and, frankly, according to judge napolitano, you are allowed to go in and kidnap a suspected american terrorist if he tries to kill you you are allowed to kill him at self-defense. allowed to bring him back to a federal court. you can't just go out and kill him. i'm willing to accept that it's unsettled. but i'm still trying to figure out why all my conservative friends who i have tremendous respect. i have tremendous respect for newt gingrich. i'm trying to figure out what rule did scott pelly break here? a moderator is supposed to ask questions. he asked legitimate question. he asked follow-ups. gingrich brought up the term guilty. gingrich said guilty. you would have said not guilty in any court of law. >> bill: i don't know whether i would have said that. >> to explain his position. >> bill: based upon the aclu lawsuits and others that have been slapped down because i would have gone by the unsettled deal. courts have not set you can't do that. and so that's what happened. all right. we got another one. cnn correspondent dan lothian. he is interviewing president obama in hawaii. g

judge napolitano up next with what this means and why you should care. >> then the federal government taking steps to make sure illegal immigrants are allow to enroll in public schools. is this the government's responsibility? well, they don't think so. we're going to report, you decide. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. i wanted support for my heart... and now i get it from centrum specialist heart. new centrum specialist vision... helps keep my eyes healthy. centrum specialist energy... helps me keep up with them. centrum specialist prenatal... supports my child's growth and development. new centrum specialt is a complete multivitamin that gives me all the benefits of centrum. plus additional support... [ all ] for what's important to me. [ male announcer ] new centrum specialist helps make nutrition possible. >> the solyndra scandal far from over. and now an unprecedented move, republicans in the house subcommittee voting to subpoena the white house for more rec

judge napolitano will explain that. archoosing advil®. [ regis we love to play tennis. and with it comes some aches and pains. and one way to relieve them all is to go right to the advil®. tennis is our game and advil® has become part of our game! [ male announcer ] take action. take advil®. what ithe first step on that road is a bowl of soup? delicious campbell's soups fill you with vegetable nutrition, farm-grown ingredients, and can help you keep a healthy weight. campbell's -- it's amazing what soup can do. >> a big development and it may be a bad sign for president obama. the supreme court has agreed to take up the case on whether or not his health care law is constitutional. >> and then we summoned the judge, he was in his robe and we said judge, we're going to need you here in the morning. >> his bathrobe. >> his bathrobe. >> you know he's in on monday. get ready for the 2012 election, it's going to be a big thing and it's going to be coming up next year, next calendar year right before the elections, judge. >> probably oral argument in march or april and for

judge napolitano breaks down a proposal that would give him that power. santa claus is being told to lower kids' expectations. that story is straight ahead. daddy, come in the water! somebody didn't book with travelocity, with 24/7 customer support to help move them to theool daddy promised! look at me, i'm swimming! somebody, get her a pony! [ female announcer ] the travelocity guarantee. from the price to the room to the trip you'll never roam alone. >> all right. tomorrow, the senate will vote on the defense spending bill but what is normally a routine vote has been surrounded by controversy. senators mccain and levin added a provision which would require terrorist suspects held in military custody. but could that extend to u.s. citizens eventually? joining us right now is fox news senior judicial analyst and host of "the freedom watch" on the fox business network, judge andrew napolitano. explain what this particular provision would do. >> this is a bill to fund the defense department. it's a lot of other bills. >> usually that's just pro forma, let's

judge napolitano will explain that. archoosing advil®. [ regis we love to play tennis. and with it comes some aches and pains. and one way to relieve them all is to go right to the advil®. tennis is our game and advil® has become part of our game! [ male announcer ] take action. take advil®. what ithe first step on that road is a bowl of soup? delicious campbell's soups fill you with vegetable nutrition, farm-grown ingredients, and can help you keep a healthy weight. campbell's -- it's amazing what soup can do. >> a big development and it may be a bad sign for president obama. the supreme court has agreed to take up the case on whether or not his hlth care law is constitutional. >> and then we summoned the judge, he was in his robe and we said judge, we're going to need you here in the morning. >> his bathrobe. >> his bathrobe. >> you know he's in on monday. get ready for the 2012 election, it's going to be a big thing and it's going to be coming up next year, next calendar year right before the elections, judge. >> probably oral argument in march or april and for su

judge andrew napolitano is here legally to talk about it. thinkl is the pain reliever orthopedic doctors recommend most for arthritis pain, think again. and take aleve. it's the one doctors recommend most for arthritis pain... two pills can last all day. ♪ two pills can last all day. fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink >> energy secretary steven chu visiting general electric's solar panel factory in colorado today trying to put a positive spin on the administration's solar push that's gone so well. a day after getting grilled about solyndra. >> who is to apologize to the half a billion dollars that has been out the door? >> well, it is extremely unfortunate of what has happened with solyndra but if yo

andrew napolitano. >> perjury is not an easy crime to prove. every conceivable ambiguity in what they said and knew will be construed in their favor and against the government. >> one potential ambiguity sur rounds the penn state assistant coach, a key prosecution witness. as we noted earlier, he appears to have changed his story about what he said and did after he allegedly saw sandusky rape victim number two. but former california prosecutor kimberly guilfoyle doesn't think it is a big deal. >> i would argue that the jury the fact that he still says and is consistent on the most important part which is that he witnessed jerry sandusky commit a sexually violent act against a child. >> of course, the criminal trials are only the beginning. but the civil lawsuits might not unfold as you expect. attorney greg has represented more than 200 victims of sexual abuse by catholic priests. many from his hometown in new jersey. >> all i hear, greg, is discussions about how there is going to be multimillion dollar lawsuits. but the problem is most of the

so now a judge has ruled, and judge andrew napolitano is here with his unique take on what all this means. martha: well, a big win for the president's health care law yesterday. an appeals court ruled that the law is constitutional saying that americans are not guaranteed freedom from federal regulation, essentially. so can the feds make you buy something that you don't want to buy? that has been the central crux of this debate. senior fox news legal analyst judge andrew napolitano here to discuss. what's the meaning of this finding yesterday? >> in a word, nothing. without sounding flippant to the hard work of some very intelligent judges, nothing because we now have five federal appeals courts, three have said this is constitutional, two have said it is unconstitutional. i'm generalizing a little bit, but what all this means is that the supreme court of the united states though not lawfully compelled, will be morally compelled to rule on this. why? because the constitution and federal law cannot mean different things in the different parts of the country. for example, in the southeast o

andrew napolitano. >> perjury is not an easy crime to prove. every conceivable ambiguity in what they said and knew will be construed in their favor and against the government. >> one potential ambiguity sur rounds the penn state assistant coach, a key prosecution witness. as we noted earlier, he appears to have changed his story about what he said and did after he allegedly saw sandusky rape victim number two. but former california prosecutor kimberly guilfoyle doesn't think it is a big deal. >> i would argue that the jury the fact that he still says and is consistent on the most important part which is that he witnessed jerry sandusky commit a sexually violent act against a child. >> of course, the criminal trials are only the beginning. but the civil lawsuits might not unfold as you expect. attorney greg has represented more than 200 victims of sexual abuse by catholic priests. many from his hometown in new jersey. >> all i hear, greg, is discussions about how there is going to be multimillion dollar lawsuits. but the problem is most of the

now, it's rethinking that $0.15 fee but judge napolitano says it was never about the money. he tells us what's really going on straight ahead. looking good! you lost some weight. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. thank you very much. you're on e-trade. huntin' down stocks, bonds, etfs. oh i love etfs. look at you. why don't you show me your portfolio? i'd love to... i already logged out. oh no, it's easy, actually, to get back... see where it says history? there's a history? yeah, it'll take you right back to the site you were just on. well the last site... [ british vo ] and now, cycle complete. the male wildebeest returns to propagate the herd. [ animal grunts ] can you forward me this link? [ male announcer ] e-trade. investing unleashed. free gold ! we call that hertz gold plus rewards. you earn free days, free weeks and more fast. that's a plus. upg

judge napolitano says the jury got this one wrong. he's next. >> the reason the students walked out, they say the curriculum is just too conservative? the harvard professor who was teaching that class here next. not really known as that much of a conservative. >> i tell my kid, i'm paying $60,000. go back in that classroom! [ artis brown ] america is facing some tough challenges right now. two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands ojobs. at our kearl project in canada, we'll be able to produce these oil sands with the same emissions as many other oils and that's a huge breakthrough. that's good for oucountry's energy security and our economy. that's good for like many chefs today,ecurity i feel the best approach to food is to keep it whole for better nutrition. and that's what they do with great grains cereal. see the seam on the wheat grain?

andrew napolitano. >> perjury is not an easy crime to prove. every conceivable ambiguity in what they said and knew will be construed in their favor and against the government. >> one potential ambiguity sur rounds the penn state assistant coach, a key prosecution witness. as we noted earlier, he appears to have changed his story about what he said and did after he allegedly saw sandusky rape victim number two. but former california prosecutor kimberly guilfoyle doesn't think it is a big deal. >> i would argue that the jury the fact that he still says and is consistent on the most important part which is that he witnessed jerry sandusky commit a sexually violent act against a child. >> of course, the criminal trials are only the beginning. but the civil lawsuits might not unfold as you expect. attorney greg has represented more than 200 victims of sexual abuse by catholic priests. many from his hometown in new jersey. >> all i hear, greg, is discussions about how there is going to be multimillion dollar lawsuits. but the problem is most of the

as with dinesh to susanna and the judge himself, judge napolitano. and guys, thanks for what you're doing. see you this afternoon at the breakout sessions in 10 minutes. ♪ ♪ ♪ [inaudible conversations] ♪ [inaudible conversations] ♪ [inaudible conversations] ♪ [inaudible conversations] ♪ [inaudible conversations] ♪ [inaudible conversations] ♪ [inaudible conversations] ♪ >> we have more wrote the white house coverage coming up this evening. by republican presidential candidates will be in des moines, i offer the ronald reagan dinner >> would you continue your statement please? >> i am preferred to wait for my answer until freezes over. >> u.n. ambassador for president kennedy during the cuban missile crisis. a former governor of illinois and twice ran as the democratic nominee for president and lost. adlai stevens on the c-span series the contenders turn the stevenson family home in libertyville, illinois. live tonight at 8:00 eastern.ppp for ap preview in court emersed speeches, good or a special website for the series, c-span.org/

judge andrew napolitano, host of "freedom watch". >> i remember that as if it was yesterday! bill: you're right you do. now, would the supremes allow this to happen for the first time? >> i don't think so. there has been an institutional reluctance to allow cameras in federal courts forever, and no camera has ever been permitted in any federal court. the most the courts will allow is the sketches. and even those tapes we heard, we all thought they were in real time, we found out the next day, there was a delay so that an engineer could cut in if something were said that in the engineer's opinion the court didn't want us to hear. bill: very significant, as i remember, it was a couple of moment, right? a couple of minutes. >> yes. bill: one of the big hesitations to do this is it changes the behavior of people who are either presenting the arguments or hearing the arguments. >> yes. bill: when you were on the bench, did you ever have a camera in your courtroom? >> i initially was of the view that it would change my behavior and might change the behavior of the lawyers and litig