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Fox host says Trump’s ‘new Supreme Court’ will let him strip citizenship for flag burning

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Andrew Napolitano speaks to Stuart Varney (Fox Business/screen grab)

Fox News senior judicial analyst Judge Andrew Napolitano couldn’t help but laugh on Tuesday after President-elect Donald Trump suggested that citizenship could be revoked as punishment for burning the American flag.

In a tweet on Tuesday, Trump insisted that “[n]obody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!”

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Appearing on Fox Business later in the morning, Napolitano let out a belly laugh before host Stuart Varney could finish reading Trump’s tweet.

“There are two Supreme Court opinions that say I can burn my flag, I can’t burn yours,” Napolitano explained. “Burning the American flag is a form of protected freedom of speech as reprehensible as it is, as demonstrative of a hatred of American values as it is — I fully agree with the president elect on that.”

“But you cannot prosecute for it,” he added. “The reason I chuckled is the penalty of stripping citizenship has been prohibited in the United States of America since 1789!”

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“Get a new Supreme Court and get a different ruling,” Varney suggested.

“Get a different constitution!” Napolitano shot back. “Rather than the one in which he was elected president.”

“People cannot be prosecuted for expressing unpopular opinions,” the judge insisted.

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“Not yet,” Varney laughed.

Watch the video below from Fox Business, broadcast Nov. 29, 2016.

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