President Donald Trump has made a ton of allies and enemies. Washington, D.C. is as polarized as ever.
And now a Court Judge who has bad blood with Trump just surprised the nation with this announcement on live TV.
Judge Napolitano Surprisingly Defends Trump From Radical Democrat Attacks
Judge Andrew Napolitano appeared on Newsmax on Monday, offering his legal perspective on the authority President Donald Trump possesses when it comes to withholding Congressional funds. This discussion comes on the heels of Elon Musk’s public comment about his conversation with Trump regarding the possible shutdown of the United States Agency for International Development (USAID), a foreign aid agency that has been criticized for misaligned priorities. Napolitano provided a clear breakdown of the president’s legal framework for such a decision during his appearance on Carl Higbie: Frontline.
Napolitano began by explaining the legal responsibilities of the president when it comes to withholding funds that Congress has allocated. According to the judge, the president has the ability to isolate certain funds, but this action is not without strict legal procedures. “Can the president not spend the money? Yes, he can take the money and isolate it, but then he must tell Congress he’s isolating it. And he must propose to Congress what should be done with that money instead. He has 45 days in which to do that,” Napolitano explained.
This statutory requirement aims to strike a balance between the executive branch’s discretion and the legislative branch’s oversight. While the president can make decisions on spending, the law ensures transparency, compelling him to inform Congress about the isolation of funds and present a proposal for how the funds should be used instead.
Napolitano emphasized that this legal framework is intended to hold the executive branch accountable while also allowing for flexibility in how taxpayer money is spent. He pointed out that the law doesn’t give the president unilateral control but rather requires communication and proposals for alternatives. He said, “This is a federal statute enacted by Congress telling presidents what to do when they don’t want to spend money that Congress orders being spent.”
In his comments, Napolitano was also critical of the real issue of how federal funds are often managed. He explained that while the president and Congress have roles to play in managing taxpayer dollars, the real decision-making power frequently lies with unelected bureaucrats. “What we are doing, what you are doing, what Elon Musk is doing, is opening up the eyes to the American public of some of the most radical, incredible waste of federal dollars which give bureaucrats the decision,” Napolitano argued. This statement underscored the judge’s belief that the American public needs to be more aware of how federal funds are allocated and spent, particularly when it comes to foreign aid.
In explaining Trump’s position, Napolitano stressed that the president was not positioning himself as the ultimate authority on spending but rather operating within the legal constraints set by Congress. “I don’t think he’s installing himself as the sole power. You’d be hard-pressed to find somebody who’s more of a stickler on the Constitution than your buddy who’s speaking to you now,” Napolitano remarked. He continued by elaborating on the importance of transparency in the process, saying Trump understands the law and is prepared to navigate these legal requirements within the given 45-day timeframe.
Further complicating the issue, the Department of State recently claimed that USAID has deviated from its original mission of promoting American interests abroad. Many of its programs, the Department argues, no longer align with the nation’s core objectives. In response to these concerns, Trump appointed Senator Marco Rubio as acting administrator of USAID to oversee a comprehensive review of the agency’s activities. This review is expected to explore potential reforms aimed at realigning USAID with an “America First” approach to foreign policy.
Despite these efforts, Trump’s actions have been met with resistance, particularly from Democratic lawmakers. On Monday, several Democratic representatives attempted to access USAID’s headquarters but were blocked from entering by security personnel.
The Bad Blood Between Trump and Napolitano
While Judge Napolitano’s recent remarks on Trump’s legal authority were favorable, their relationship has been far from free of tension, especially during Trump’s first term. In fact, the judge was one of the most vocal conservative critics of Trump’s actions, particularly concerning issues of constitutional law and executive power.
Napolitano, a former New Jersey Superior Court Judge and legal analyst, made waves early in Trump’s presidency by criticizing his legal maneuvers and decisions. A particularly notable moment came in 2017 when Napolitano alleged that the Obama administration had spied on Trump during the campaign, a claim that was widely debunked and led to Napolitano’s removal from his role as a key legal analyst on Fox News for a period of time. Trump’s administration, however, did not seem pleased with Napolitano’s critical stance, and the two seemed to fall into a strained relationship.
Napolitano’s criticisms were not just limited to the surveillance claims but also extended to Trump’s alleged disregard for legal norms and the Constitution. He was a vocal advocate for adhering strictly to constitutional principles, a position that often put him at odds with the president’s more unilateral approach. His concerns were particularly focused on Trump’s tendency to challenge established legal precedents and the rule of law.
Despite this tension, Napolitano has often praised Trump when he agrees with his legal strategies, such as the recent discussions around withholding funds. However, his initial criticisms of Trump’s administration set the stage for a complicated relationship between the two. Trump’s first term was thus punctuated by Napolitano’s intermittent support, often tempered by pointed criticisms when the judge felt the president was overstepping legal boundaries. Trump’s defenders argue that the federal government has been run amok for far too long and has needed drastic reform for years and years now.
Trump speaks on the USAID!
He says it’s run “by a bunch of radical lunatics”, and that we are “getting them out”.
Trump is digging in the exact area the Deep State do not want him to dig. The USAID holds the paper trail that proves their criminality!
— Clandestine (@WarClandestine) February 3, 2025
Stay tuned to the DC Daily Journal.
