Evening Edition - November 1

November 1, 2019 |

The Gov. replies to reader about the "whistleblower" and THIS CHARADE...

From William:

What about what President Trump did i.e. https://www.foxnews.com/opinion/judge-andrew-napolitano-hiding-plain-sight


From the Gov:

Thanks for asking, William. I’m not sure what has happened to Judge Napolitano; he has metamorphosed into an advocate for those who would eagerly remove Trump through impeachment. I am not a lawyer, but there are things the esteemed judge says that stand out to me as wrongheaded or downright incorrect, and I’m sure they do to many legal experts as well. Let me see if I can address some of what he says here. And then –- since, repeat, I am not a lawyer –- I might bring in some “big guns” to help me.

Since the headline of Napolitano’s piece asserts that proof of Trump’s supposed offenses is “plain to see,” let’s first address problems with the process being used against him and get that out of the way. Regarding Adam Schiff’s committee and the hearings as he has been running them, there is much more wrong than their closed-door status. The best way to show this is to compare the Bill Clinton hearings with the ones Schiff is running against Trump; we’ve already discussed this at length and the Trump “inquiry” hearings come up far short in comparison when it comes to due process.  (Both Nancy Pelosi and Adam Schiff have been making public appearances LYING about this; former Clinton impeachment prosecutor Bob Barr called it "bizarro world.")  In the case of Clinton, Republicans did not use this new “it’s-like-a-grand-jury” rationale to bar his legal counsel. They didn’t prevent Democrats from questioning witnesses or seeing exculpatory material. Their inquiry wasn’t spread over a number of committees but was carried out by the Judiciary Committee.  And I'm just scratching the surface here.

The rules Democrats codified with Thursday’s vote are a joke; they don’t change anything, really, as there are loopholes one could drive a double-wide trailer through. Schiff’s hearings are continuing, just as secretively as before. The vote (even such a starkly partisan vote) gives them the thin veneer of approval that empowers them to keep lurching forward.

I could go on addressing problems raised by the process, but tucked inside the Napolitano op-ed you linked to is another link, to an article from Hans von Spakovsky, senior legal fellow at The Heritage Foundation: “In Trump’s Impeachment Probe, Democrats Refuse to Follow Nixon and Clinton Precedents.” It’s quite good and continues what I might want to tell you on the issue of process so that I can move on to the meat of Napolitano’s piece, which is the argument that Trump really did commit impeachable offenses, right in plain sight.


Kim Strassel has had some good commentary on the process as well. She makes it clear that what Schiff has created isn’t like a grand jury, but rather something designed to present the Judiciary Committee with a one-sided narrative.


So, moving on to what Trump actually did or did not do. Napolitano says, “Congressional Republicans should be careful what they ask for. The defense of the President has addressed process, not proof. The proof is largely undisputed, except by the President himself. It consists of admissions, testimony and documents, which show that Trump sought to induce the government of Ukraine to become involved in the 2020 election.”

With all due respect, we’ve looked at this inside and out, and the judge is simply wrong here. Much of the defense of the President has addressed the lack of proof. The accusation that Trump deliberately held up military aid to Ukraine “until Ukrainian prosecutors commenced a criminal investigation of former Vice President Joe Biden and his son, Hunter” is, as far as I know, incorrect. The Ukrainians have not initiated such an investigation, yet the aid was sent. My understanding is that the President was hesitant to send aid to a country so mired in corruption, as the money tends to end up not where it needs to go but rather in the pockets of corrupt individuals.

Napolitano says that the “Mueller” team (I put “Mueller” in quotes because he obviously didn’t write his report, most likely leaving that task with right-hand man and designated attack-dog Andrew Weissmann) found “some” evidence of collusion with Russia on the part of Trump in 2016 but not enough to indict. This is a DNC talking point; the Mueller team may have phrased it that way, but there is no solid evidence of Trump’s misconduct that would stand up. If there had been, THEY WOULD HAVE INDICTED HIM. Much to Democrats’ despair, they did not.

The judge says that Trump has “admitted seeking to involve the government of Ukraine in the 2020 election.” I guess he infers Trump was doing this when he asked Ukraine to investigate internal corruption, WHICH HAPPENS TO INCLUDE THE BIDENS, AS HUNTER BIDEN HAD NO BUSINESS BEING ON THE BOARD OF BURISMA IN THE FIRST PLACE. The judge has simply offered his own biased interpretation of what Trump was talking about.

Napolitano says, “Whether one agrees with federal law or not, it is a crime to solicit assistance for a federal campaign from a foreign government.” Well, yes, but, again, this is the judge’s personal interpretation of what Trump did. The president would say he was NOT doing this --- that he was trying to determine what happened in 2016. The “evidence” isn’t hiding in plain sight; it’s spinning around inside Napolitano’s brain. A much stronger argument can be made that Hillary and HER campaign were the ones trying to solicit help from a foreign government, but I don’t see the judge making that case. Talk about "in plain sight"!

Napolitano’s piece was written before Thursday’s vote on the rules for “inquiry, which the judge says is “legally unnecessary but politically devastating to the House’s process arguments.” Actually, I think their vote on these rules, as constituted, will not be devastating but, rather, helpful to the House’s process arguments, as the rules are a joke, as we’ve discussed. As for the vote being “politically unnecessary,” the judge is apparently referencing the strange decision of Judge Beryl A. Howell, which, as I have previously explained, is partisan twaddle.

In other words, what Judge Napolitano might think of as “cream” is, to me, nothing more than skim milk. And not just skim milk in the carton, but that cheap powdered kind that comes at the dollar store in a cardboard box, mixed with about three times as much water as the directions say. Fortunately, in spite of Schiff’s efforts, enough exculpatory material from these hearings is being spirited out to give us a better picture of what really happened.

NSC Official Tim Morrison To Schiff: Nothing Illegal In Trump-Zelensky Call


For some people, the solution to every problem is more government money and federal involvement.  That’s been the trend in schooling ever since Jimmy Carter created a federal Education Department.  Education used to be a state and local concern, but we now have a massive federal bureaucracy placing various mandates on schools and spending $68 billion a year.  And what do we have to show for it? 

The head of that agency, Education Secretary Betsy DeVos, just released her department’s 2019 National Assessment of Educational Progress report on math and reading proficiency.  She said, “The results are, frankly, devastating.  This country is in a student achievement crisis, and over the past decade it has continued to worsen, especially for our most vulnerable students,”


Trends were positive up until 2015, by which time most states had implemented the “Common Core” initiative, then they flat-lined and even started declining. Despite (?) all that federal money and micromanagement, fourth graders scored only one point higher than previous tests, while eighth graders actually did worse.  (In a separate international study of math, science and reading proficiency, Chinese students ranked 21 places higher than American students.)  

Secretary DeVos said, “This must be America’s wake-up call.  We cannot abide these poor results any longer. We can neither excuse them away nor simply throw more money at the problem.”

Fortunately, the current Democratic poll leader for President does want to do more than throw money at the problem.  She also wants to crack down on school choice and ban for-profit charter schools, despite having sent her own son to an elite private school in the 1980s that currently costs about $18,000 a year.


Although to be fair, maybe that school recruited him as part of its Affirmative Action program since, being her son, he is 1/2048th Native American. 



Friday Fun with Joe Biden’s Brain: Biden declared that on day one as President, he would rejoin the “Paris Peace Accord.” Either he meant the Paris Climate Accord or else he’s promising that if elected, he will end the Vietnam War.


It’s an understandable mistake, since when Joe was first elected to the Senate, the end of the Vietnam War was still over two years in the future. 

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Comments 1-25 of 37

  • Amelia Little

    11/07/2019 08:41 PM

    Do I want to believe what the democrats come out and say went on--especially if it's shiff whose nose should be too long for the door to close--or what a (to me) trusted Republican reports? I'm pretty sure shiff and co. will soon want to rewrite their re-written rules to exclude Republicans from the process entirely. Can't remember what learned (cough cough) person was reported to have said the what the democrats have been doing before and after the vote and the rewrite of the rules is what the Republicans did against slick willie. Of course, most actually learned people seem to say this is a whole new ballgame than the last 2 impeachment processes and that the nixon and clinton hearings were under the same rules.

    I think someone put some of the kookaide in Judge Napolitano's water bottle.

  • David Colonna

    11/04/2019 09:29 AM

    How can anyone in their right mind not see the truth about the whole impeachment process and subsequently how can anyone, especially every Christian in the US vote for any Democrat. The Democratic party is truly under Satan's ruling or pulling all the strings. This to me is a pure fact!!!!

  • Michael K. Garrett

    11/03/2019 04:43 PM

    What's going to happen if the House succeeds in fomenting Articles of Impeachment against Trump and Ukranian investigators finally prove Hunter Biden and his father really were involved in corrupt activities with that gas company similar to the deal Hillary made with Russian interests that sold out one fifth of America's uranium supply? All those liberal Democrats need to read "Clinton Cash" as the role model for how to conduct corruption and pay for play scandals. Why doesn't the mainstream media ever ask Biden about all of Obama's scandals. Wasn't he ever involved in trying to cover all of them up?
    If the Democrats want a true role model for a true treasonous offense, how about President Obama giving the Iranians $1.5 billion in illegal cash without any Congressional approval, knowing the money would be used to enrich the mullahs, not the Iranian people.? What about the IRS scandal? Napolitano is a turncoat and I wonder who is paying him off to say all those anti-Trump legalisms.
    Mike Garrett
    Trinidad, Colo.

  • Kathleen Kemmer

    11/03/2019 02:35 PM

    Oh, Master Mike! You hit it right out of the park. I also had wondered what koolaid Judge Nap has been drinking. I can remember having respect for his opinion. Now I fast-forward him off the screen whenever his comments are played.

    Thank you for all you do.

    Dr. Kat Kemmer

  • Jerry

    11/03/2019 11:25 AM

    The little Judge N is mad that he was not sharp enough to be on the Trumps list for the Supreme Court or any other position in the administration as soon as the possibility expired he turned into just another hater. Fox news lets him on the set to bring his personal opinions that are unfavorable to the President he is one of many that Fox brings on to rip the President. As my time watching Fox News dwindles the less I feel insulted Fox is losing favor by letting these haters on spewing their hate filled opinions.

  • Glenn Thomas Hyatt

    11/03/2019 09:35 AM

    I agree. I don't understand what happened to Judge Nap either. Or...maybe I just hit on it. He is taking a long nap.
    Keep up the good work Governor!

  • Stephen Russell

    11/03/2019 08:37 AM

    Ending the impeachment charade:
    1. Cut power to Dem side of House: offices, etc & SKIF.
    2. Do 3A raid on members of impeachment party by Raid team & prosecute with laws on the books NOW.
    Or it never ends,
    Disrupt process, shake up DC elite,
    Need legal team to ID any law on books now to end this.

  • dave allen

    11/03/2019 08:20 AM

    the federal education department was never about education - just more government control. and another chance to prove how royally the federal govt can mess things up.

  • gerri morgan

    11/02/2019 10:36 PM

    Deep state seems to be rampant in our schools as well as our government and is on both sides of the aisle---came across an article by David L. Brockett who writes for DC Dirty Laundry ---gives insight as to what our elected GOP is doing to impeach Trump behind the scenes--if you do read your comments, please address this https://dcdirtylaundry.com/the-romney-ryan-deep-state-impeachment-plan/

  • Richard Hertel

    11/02/2019 08:47 PM

    As always you tend to simply tell it as it is. I too have been fomenting thought on comments I have heard from Judge Napolianto for several months. Hey, he is entitled to his opinions but I hope in the future he is unbiased. If he is now leaning to the left I recommend he exit stage left from Fox. (Sure seems like that is where he prefers to be. Contract issues?). Hope he and Shepard Smith enjoy each other.

  • Patricia A Miller

    11/02/2019 02:39 PM

    Thank you for your article Mike. I have been a fan of Judge Napolitano in the past. He has several times now disappointed me in his personal opinion replies to current issues.

    Maybe he is looking for a job at CNN.

  • Willaim Robertson

    11/02/2019 11:41 AM

    Thank you for commenting on The "Judge". Now we have Anthony Scaramucci going after the President with is comment on Fox Business this morning saying: That there is going to be a lot of negative information coming out about the President will result in the President resigning! I am simply amazed that he would make such a statement. Anthony must be very bitter about his getting booted out of the White House to say the least.

  • Pat Maddin

    11/02/2019 11:29 AM

    Spot on again Mike. Your commentary is always intelligent, fair and on point. Thank you.

  • jack macdonald

    11/02/2019 10:52 AM

    I am thoroughly impressed by how astute your contributors are. I had seen the Fox News slippage toward Liberalism a few years ago. My first wake up call was Megan Kelly with her question to Trump in one of the early debates. I have never liked Chris Wallace and he also tries to trip up Conservatives to have them say something which will create controversy, much like Stephanopolous. Its all about the gothcha question which will get them publicity. I watched Shep Smith get a look of disdain when he brought up Trumps name. He couldn't help himself and could not hide this in his coverage. I wonder if this is a new approach by Fox Management because they want to become a card carrying member of the Main Stream club.

  • Antonio Fernandez

    11/02/2019 10:06 AM

    I believe that Judge Napolitano has become a Trump enemy because ha has always felt that he would be in the Supreme Court. In the past he always smiled when asked if that was something he would like to be, and feels bypassed by Trump.

  • Kevin ellsesser

    11/02/2019 08:40 AM

    Your views on the situation are informative and refreshing

  • Simon Templar

    11/02/2019 03:22 AM

    Mr. Governor,

    Judge Napolitano has not metamorphosed. He was always against President Trump. To my best recollection, he never mentioned the president's achievements but always dripped a drop of poison in his comments, exactly as you remarkably underlined: "the evidence isn't hiding in plain sight; it's spinning around inside Napolitano's brain"

  • rodney burke

    11/02/2019 12:12 AM

    The obvious ineptitude of the judge is coming out. As you point out, either he's lost his mind or he no longer deals in facts but his own speculation of what someone else does or thinks. The dems are digging a hole and when things get tough they will fill in that hole...over them. I am waiting but won't buy the popcorn until they do. then...?

  • Mike Ryan

    11/01/2019 10:10 PM

    Good evening Governor,
    I use to enjoy listening to the judge but lately whenever I see his name mentioned I either change channel or skip to the next story.

  • April Allison-Garlow

    11/01/2019 09:38 PM

    The goings on in the House of Representatives is so crazy. Please listen to the song by PINK called FUN HOUSE on you tube with the lyrics--it does have one curse word in it, once. Someone needs to make this into a meme with Nancy and Adam. Everytime I watch the Dems in the house the refrain-"This used to be a fun house, but now it's filled with evil clowns" runs through my head. I expect Napolitano to be on CNN or ABC by the next election--he has lost his objectivity and his credibility. He'll fit in with the rest of them .

  • Carl Smith

    11/01/2019 09:28 PM

    Thanks for a clear concise summation of several problems. Question? How are We the People going to reclaim OUR Republic when the Watchdog is rabid and killing the Chickens? When the media( the Watchdog) shows, NOT Bias, but pure Hatred for a President when Other sources are available uncovering the TRUTH how are they going to remain a TRUSTED Source? "You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time" may have been true in 1858 but that was in a time when Journalism had INTEGRITY. The FEW GOOD Journalist are weeping being included with the likes of what you see on CNN and MSLSD.

  • Bill Parker

    11/01/2019 09:00 PM

    I agree, you done a great job of explaining it except for call out the real reason that Judge Nap is butt hurt because President Trump did not appoint his for a seat on the USSC.

  • Nelda White

    11/01/2019 08:33 PM

    I don't know, maybe the Ukraine, President and country, should sue the democrats for smearing their good name and calling them liars. The dems always talk about showing respect to other countries, but fail to do so themselves. Maybe if some of them had to anti up for their fantasies about Pres Trump and the President of Ukraine, they might get an important lesson on values, since they don't have any.

  • David Berry

    11/01/2019 08:12 PM

    I look forward to your witty analysis of the news every day. Please don't stop. What are your thoughts on President Trump's fireside chat? I'm thinking it may be a great idea to demonstrate how harmless his phone call really was. But it should be followed up with someone like you to explain it and have clips of what other presidents have done.
    It's wonderful knowing that God has it all under control, isn't it?

  • Patricia Ford de la Tejera

    11/01/2019 08:08 PM

    Are we still permitted to say "mosey" as "Let's mosey on down to the corner store" ?