For a brief moment, it appeared as though Judge Napolitano was being supportive of President Trump, but it appears that he has made a dramatic exit from the Trump camp once again.
Late Wednesday night, Judge Napolitano rocked Fox News by publishing an op-ed accusing President Trump of “abandoning separation of powers.”
According to Napolitano, Trump violated the separation of powers, and thereby the Constitution, on three different occasions last week.
The first instance was Trump reallocating funds from the Pentagon to build a new stretch of border wall.
The second was when he ordered troops to help Border Patrol agents with the growing migrant crisis.
The third was Trump imposing tariffs on the Chinese.
Napolitano makes a great case, but he is unfortunately wrong in every instance.
Trump has been trying to work with Congress since his first day in office to address the problems at the border.
Yes, President Trump reallocated funds from the Pentagon, but did so for a national emergency.
This is far from unprecedented.
Trump also did order our military to the border, but that was not to enforce domestic laws against our own citizens, something strictly prohibited under federal statutes.
What is happening at the border is in essence an invasion of our land.
Furthermore, the troops are not mowing down immigrants but rather assisting border patrol in any way they can to alleviate the stress on an overwhelmed agency.
Again, not unprecedented.
Finally, Trump did impose tariffs on the Chinese, but this is a measure regularly used by today’s politicians and hardly illegal.
Napolitano loosely cites the constitutional clause that only Congress can impose taxes, but that would be against the American people.
These tariffs are being imposed on a foreign government and this specific situation puts the power in the hands of the president by the Trade Act of 1974.
This op-ed is yet another hit piece against Trump because the former judge is unhappy he was nominated for the Supreme Court and nothing more.
It is actually quite disgraceful he would go to such great lengths to manipulate the wording of the Constitution to justify his own agenda.