By Robert Wenzel
In a new essay, Judge Andrew Napolitano writes:
Last week, The New York Times published a scathing critique of Donald Trump — the man and the president. The Times said the critique was written by a senior Trump administration official who insisted on remaining unnamed. This bitter and harsh editorial, which portrays the president as dangerous to the health of the republic and his White House as slouching toward dysfunctionality, has understandably infuriated him.Judge Napolitano needs to reread The New York Times op-ed.
Trump first accused the Times and its unnamed writer of treason, and then he publicly
asked for a Department of Justice investigation to find the writer.,,,
I am deeply disappointed that the president uttered the word “treason.” This is wrong under the law and a dangerous charge to make. The Times op-ed is protected political speech and personal opinion. Treason is the only crime defined in the Constitution, thereby preventing Congress and the courts from changing its meaning. It consists only of either waging war against the United States or any of the states or providing aid and comfort to those who are waging such a war.
The president should know that it is nearly impossible to commit treason by expressing an opinion.
It does far more than present a personal opinion. It reports on a cabal within the White House that is seeking to sabotage the efforts of the president. From the op-ed:
That is why many Trump appointees have vowed to do what we can to preserve our democratic institutions while thwarting Mr. Trump’s more misguided impulses until he is out of office....This goes well beyond expressing an opinion. If the actors in the White House are thwarting the President's desires which the op-ed indicates some are, this could certainly climb to the level of treason if they sabotage the president's efforts to bring civilized discussion between two great superpowers. They are moving the world, against the President's wishes, toward war, with the benefactors of such a war hazy actors outside the public view---very possibly actors doing so because it will benefit
It may be cold comfort in this chaotic era, but Americans should know that there are adults in the room. We fully recognize what is happening. And we are trying to do what’s right even when Donald Trump won’t.
The result is a two-track presidency...
On Russia, for instance, the president was reluctant to expel so many of Mr. Putin’s spies as punishment for the poisoning of a former Russian spy in Britain. He complained for weeks about senior staff members letting him get boxed into further confrontation with Russia, and he expressed frustration that the United States continued to impose sanctions on the country for its malign behavior. But his national security team knew better — such actions had to be taken, to hold Moscow accountable.
This isn’t the work of the so-called deep state. It’s the work of the steady state.
Robert Wenzel is Editor & Publisher of