Andrew Napolitano to Newsmax: Khalil 'Wrong Person' for Trump's 'Test Case'

Mahmoud Khalil, the Columbia University pro-Palestine protester arrested last weekend and being held in custody, is the "wrong person" to use a "test case" for removing criminal immigrants from the United States, retired Judge Andrew Napolitano told Newsmax on Thursday.

"If President [Donald] Trump wants to make an example out of him as the first case, the test case to remove aliens who he believes are committing crime, I don't think they picked the right person," Napolitano told Newsmax's "Wake Up America."

Khalil, who was apprehended last Saturday at his residence in New York and transported to an ICE facility in Jena, Louisiana, is accused of participating in the anti-Israel protests at Columbia last spring and distributing terrorist propaganda.

However, Napolitano pointed out that Khalil has not been charged with a specific crime, and he would appear as a "sympathetic figure" in court.

His wife, an American citizen, is eight months pregnant, he noted, and Khalil himself "appears to have done nothing more than express political opinions … they're unpopular political opinions, but they're protected by the First Amendment."

On Monday, U.S. District Judge Jesse Furman temporarily blocked efforts to deport Khalil until the prosecution and defense appear in court, and Napolitano said Thursday he does not think the Palestinian activist will be deported.

"The government has the opportunity now to marshal evidence," he said. "If they don't have the evidence, they should give up the ghost rather than losing in the courtroom."

If the evidence is there to continue to hold Khalil, then the government has to come forward with it so that he can defend himself and rebut it, Napolitano added.

"Right now, he's stuck in a place where he has never been before in his life, Louisiana," he said. "Why Louisiana? The government wouldn't say. We can guess, but the government wouldn't say."

Napolitano added that the government was not allowing Khalil to speak with his attorneys unless their conversations were monitored, which violated his constitutional right to obtain counsel.

"It violates their rules of ethics," he said. "It also violates federal procedures, and the judge pointed that out."

Khalil's attorneys sought to bring him back to New York so they could communicate with him in person, but the judge ruled that he would stay in Louisiana.

Meanwhile, the charging documents against Khalil, which were just made public this week, don't specify a crime, but say that in the opinion of Secretary of State Marco Rubio that he is "a danger to American foreign policy," Napolitano said.

"That's not enough to keep him in jail," he continued. "They have to allege that he committed a crime or engaged in some behavior palpably harmful to the federal government, and they haven't done so."

Furman gave the government until Friday to define the evidence and the defense counsel until Monday to respond.

Napolitano said the case is even more complex because Furman, as a federal district court judge, may not have jurisdiction over Khalil's case, which should go to immigration courts.

"I hope he doesn't kick the can down the road," said Napolitano. "This has become a cause celeb for those who believe this is an interference with free speech, and I have to tell you, it does appear as though it is unless the government can demonstrate some criminal behavior."

GET TODAY NEWSMAX+:

NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!

Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.

You need to watch NEWSMAX today.

Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!

Find the NEWSMAX channel on your cable system – Go Here Now

BEST OFFER:

Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.

Find hundreds of shows, movies and specials.

Even get Jon Voight's special series and President Trump's comedy programs and much more!

Watch NEWSMAX+ on your smartphone or home TV app.

Watch NEWSMAX anytime, anywhere!