"The president is doing the opposite of what he was elected to do," Napolitano said Thursday on Fox News Channel's "Your World with Neil Cavuto." Napolitano is a former New Jersey Superior Court judge and a Fox News legal analyst.
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When Obama picks and chooses which laws, or portions of them, to enforce, he actually is telling people how to avoid obeying the law, he told Cavuto.
"At some point he is totally frustrating what Congress has written," Napolitano said.
Republicans have accused Obama of using his executive powers improperly to delay portions of his own healthcare law for political expediency. They also say he has used those powers to enact gun control and immigration rules.
Napolitano said there are 11 million people in the United States who could be deported to their native countries, but Obama has told them, "If you do A, B, C, D, and E, I won't deport you" — effectively telling them they can break the law and suffer no consequences.
Faced with a Republican-controlled House of Representatives and fear of losing the Senate over the unpopularity of Obamacare, the president vowed in January to take more executive action.
Though Sen. Rand Paul sued Obama this week over NSA surveillance, Napolitano said a lawsuit over Obama's executive actions would be tossed out of court. A judge would tell any member of Congress bringing such a suit to instead begin impeachment proceedings.
But that won't happen, Napolitano added.
"There's sort or a cult around him in the Democratic Party that he's 'our guy' and he can do whatever he wants." he said.
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