A tale of two Napolitanos

Fox News legal analyst Andrew P. Napolitano

"It didn't take long for Homeland Security Secretary Janet Napolitano to shoot herself in the foot or for Republicans to make her a target of their opposition to Obama administration policy," writes Eileen Sullivan for the Associated Press.

The article is referring to blowback currently being received by the White House and the Department of Homeland Security for a recent intelligence analysis which labels most conservatives, libertarians and military veterans as potential terrorist threats.  Alabama libertarians played a significant role in sending this report viral on the Internet.

Recently, I received a manuscript for Judge Andrew Napolitano's upcoming book entitled "Dred Scott's Revenge." I've not finished the book yet, but if it finishes like it begins, I'll predict not only a best seller but one destined to lead to social change with respect to how we deal with race and the law in America. Like a fine wine, the book maintains a fine political balance, without engaging in the near-ubiquitous red vs. blue demagoguery common in most political bestsellers.

Judge Napolitano is both a strong believer in the rule of law and an outspoken champion of civil liberties.  Combining his judicial and media experience, one might think he possesses the ideal Curriculum Vitae for consideration as Attorney General. His criticism of executive abuses of power has clearly transcended party lines; he's earned a long track record as an advocate for equal treatment under the law for both donkeys and for elephants.

Unlike Judge Napolitano, Secretary Napolitano is spending her days on what the Washington Independent's Dave Weigel describes as a damage control tour.

"These reports are issued periodically through the intelligence and analysis division of the Department of Homeland Security. And what they are intended to do is to give state, local, tribal law enforcement what we call situational awareness," Secretary Napolitano told CBS News. "What's out there? What do they need to be sensitive to?"

Considering the timing of the actual release of the report, it seems that law enforcement was being provided a message from the White House to be on lookout for hundreds of thousands of Americans participating in Tea Parties across the nation on April 15th.  While national political journalist Robert Stacy McCain may have been the first to the note the connection between Tea Parties and the Homeland Security Document, other local bloggers have recognized the coincidence as well.

"The whole purpose of the First Amendment is to guarantee open, broad, robust debate on the policies and personnel of the government," writes Judge Napolitano at Fox News.  "The First Amendment presumes that individuals — NOT THE GOVERNMENT — are free to choose what they believe and espouse, what they read and say, and with whom they associate in public and in private. The writers of this abominable report are particularly concerned with the expression of opinions that might be used to fuel ideas that challenge federal authority or favor state and local government over the federal government. Unfortunately, legislation passed during the past eight years gives the DHS and the FBI the tools to monitor everything from a telephone conversation to the keystrokes used on a personal computer without a warrant issued by a federal judge."

Currently, Secretary Napolitano is fighting for her political survival.  Emboldened by this report, Republican leaders are showing their first real concern about civil liberties in eight years by openly calling for President Obama to fire her unless she voluntarily resigns first.  It seems as if Republican leaders have just received a booster shot of First Amendment testosterone into their recently flaccid regard for the Bill of Rights.

If I had to make a pick about which Napolitano serves as Attorney General, I'd choose the one who is equally critical of both political parties, the one who chooses constitutionality over partisanship, and the one who favors civil liberties over politics as normal in DC.