Fox’s Napolitano Contests Schumer Was Threatening Justices, But Warns Comments Might Be ‘A Dog Whistle to Crazies’


Andrew Napolitano, Fox News judicial analyst, stated Thursday morning on Fox and Friends that Senate Minority Leader Chuck Schumer’s (D-NY) remarks on Supreme Court Justices Neil Gorsuch and Brett Kavanaugh could trigger “crazies” in the country to take action.

The remarks in question from Schumer — made on the steps of the Supreme Court to a group of pro-choice demonstrators — this week earned a strong rebuke from Supreme Court Chief Justice John Roberts.

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.”

“And that’s the danger from what Senator Schumer says. It also doesn’t make sense what he said,” Napolitano continued.

When Fox & Friends host Steve Doocy pressed the point that Schumer’s comments constituted a dangerous threat, Napolitano interjected: “What could he have possibly meant by you are going to pay the price?!”

“It sounds dangerous,” Ainsley Earhart said.

“What stupid stuff might somebody do?” Doocy asked.

“He might actually be sending a dog whistle to crazies out there,” Napolitano said. “Look, I don’t believe it was his intent on intimidating anybody on the court. Which is why we give them life tenure and wear black robes, and operate largely in secrecy and induces respect. But if more of this happens, they will not have the respect and it will undermine the rule of law.”

Watch above, via Fox News.

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