Judge Napolitano on Freddie Gray and Fast & Furious

May 24, 2016—Judge Andrew Napolitano, senior judicial analyst for Fox News, clarifies what happened with the Baltimore police officer who received a not guilty verdict on Monday in relation to the Freddie Gray case.

“A not guilty verdict is not the same as innocent. It just means that the state did not prove the crimes charged. In this case, the state charged the wrong person. This is the arresting officer. Was this a valid, lawful arrest? No. Was he charged with making an invalid or unlawful arrest? No,” Judge Napolitano explained.

“In their rush to justice, the prosecutors decided to charge everyone that touched [Freddie Gray] in any way that day, and their argument was because you started the ball rolling, you first stopped him on the street, without that event there would not have been a death four hours later. Well, that may make sense in a civil context, if you’re going to sue the city – they’ve already settled on the civil side – but it doesn’t make sense in the criminal context, so the acquittal was quite proper.”

“The people of Baltimore should respect this decision. This is an African-American judge, a former public defender, a person who understands the Constitution and understands human freedom, understands the obligation of the state to prove guilt beyond a reasonable doubt. The real culprits, and there are culprits in this case, are yet to be tried, and they will be tried soon, before the same judge.”

Then Judge Napolitano moved onto the Fast and Furious case, in which the US government sent arms to Mexican drug cartels. A judge has ordered the release of emails pertaining to the program.

“I don’t know what’s there, but I do know the basic allegations, and there’s two of them. One is dumb, and one is dark,” he said.

“The dumb allegation is that the government, beginning in the George W. Bush Justice Department and continuing into the Barack Obama Justice Department intentionally permitted these heavy duty military-style weapons, what the public might call machine guns, to get in the hands of Mexican gangs, so they could track the gangs and eventually arrest them. Obviously, that didn’t work out, because one gang member used an American weapon to shoot an American federal agent in the back and murder him.”

“The dark theory is that this was intended to foment wars, gun battles, at the Texas-Mexico border, so as to make it easier for the government to make it more difficult for us to own guns. We will see what the emails show. A courageous federal judge has looked at the emails in secret and said to the Obama administration, there is no claim of privilege here. Release them all.”