“The president is doing the opposite of what he was elected to do,” he said. “At some point he is totally frustrating what Congress has written.”
He also told Cavuto that when Obama takes unilateral action, picking and choosing what laws — or portions of laws — to enforce, he is actually telling people how to avoid the law.
The president has unilaterally delayed portions of Obamacare without going through Congress, and he has taken other executive actions on issues like the minimum wage, gun control and immigration.
Although some Republicans have threatened impeachment, Napolitano said that as a whole, neither Congress nor the American people have the guts to see it through. Another problem is the current makeup of the Senate. Even if Obama were impeached by the House, a Senate controlled by Democrats would never vote to convict or remove him from office.
Napolitano had an explanation for that as well.
“There’s sort or a cult around him in the Democratic Party that he’s ‘our guy’ and he can do whatever he wants,” the former New Jersey Superior Court judge said.
Talk show host Rush Limbaugh also weighed in on the issue, telling his audience Wednesday the “lawlessness” of the Obama administration “knows no bounds.”
“There’s nothing stopping this man from doing anything,” Limbaugh said. “If he wants to raise marginal tax rates, he can just do it. Nobody’s gonna stop him.”
“Here is the latest,” Limbaugh added. “As you know, the Regime recently delayed the implementation of the employer mandate for three years, until 2016. This means that employers who have a hundred or less employees will be subject to the mandate.”
But the change ordered by the president includes a clause specifically designed to prevent employers from firing people because of Obamacare, essentially turning staffing decisions into potential crimes.
“So what the Obama Regime has done, is said firms and businesses are going to be required to certify to the IRS — under penalty of perjury — that Obamacare was not a motivating factor in their staffing decisions,” Limbaugh said.
“I mean, this is absolutely lawless. It is against the law,” Limbaugh added.
Recently, Sen. Rand Paul, R-Ky., sued the Obama administration over NSA surveillance of telephone calls, but Napolitano said that a lawsuit over the president’s executive actions could be tossed out of court, explaining that a judge would tell a member of Congress to initiate impeachment proceedings.
But, he added, that won’t happen.
Moreover, there’s no guarantee Obama would obey any order handed down in court.
As we reported in February 2011, the Obama administration was found in contempt of court for refusing to obey a judge’s order lifting a drilling moratorium in the Gulf of Mexico after the BP oil spill.
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