Fox News’ senior legal correspondent Judge Andrew Napolitano is arguing that Senator Chuck Schumer’s bellicose remarks aimed at Supreme Court Justices Brett Kavanaugh and Neil Gorsuch don’t constitute a legal threat; however, the conservative contrarian added that he thought Schumer’s rhetoric could incite the “crazies” in the country to take action.
Schumer’s remarks earned a strong rebuke from Chief Justice John Roberts. It is unclear if he’ll be censured by the United States Senate. (Mediaite)
Napolitano began the segment by responding to whether the comments made by Schumer counted as a legal threat.
“No, I don’t think legally it was a threat,” Napolitano said. “I think it was hyperbolic. It was excessive use of words and it was an attempt to intimidate. But it’s protected speech. A threat, where you have the present, apparent ability to cause the harm you are threatening is not protected speech but this is.
“However, this effort to politicize the court, to make them look like they can be intimidated by a mob outside of the courthouse is very, very dangerous to our system. We put in the hands of nine human beings the ability to decide what the laws mean and what the Constitution means,” he continued.
Napolitano added that Supreme Court justices should not be seen as “politicians in black robes” as that would undermine “respect for law.”