Home » » Judge Andrew Napolitano: Man of Principle--Agree with him or disagree with him, you know where he stands: for his own principled understanding of the Constitution

Judge Andrew Napolitano: Man of Principle--Agree with him or disagree with him, you know where he stands: for his own principled understanding of the Constitution

Written By mista sense on Wednesday, July 14, 2010 | 7:00 PM

"Andrew Napolitano: Bush and Cheney Should Have Been Indicted for Torturing, for Spying and Arresting Without Warrants" -- that was the headline on the Crooks and Liars website.

The Crooks and Liars poster, who goes by "Heather," just that name, expressed surprise: "Well, this is something you don't see every day. Ralph Nader hosted this interview segment with Fox News' Judge Andrew Napolitano and discussed his book, Lies the Government Told You. I'm surprised the judge is going to be allowed on Fox after making the statements he did about Bush and Cheney during the interview."

But The Cable Gamer is not in the least surprised.   TCG doesn't agree that Bush and Cheney should be indicted, but she respects the rights of a principled libertarian, such as Napolitano, to say what he thinks.  And TCG doesn't think that Fox will punish him in any way; indeed, Napolitano's presence on both Fox News and Fox Business has, if anything, been growing in recent years.  And that will quite likely continue, because Fox is committed to showing all sides of the debate.

So for the record, here's the relevant portion of the discussion between Nader and Napolitano:

Nader: Is that what you mean also about throwing people in jail without charges violating habeas corpus?

Napolitano: Well that is so obviously a violation of the natural law, the natural right to be brought before a neutral arbiter within moments of the government taking your freedom away from you. And the Constitution itself, as the Supreme Court in the Boumediene case pretty much said, wherever the government goes, the Constitution goes with it and wherever the Constitution goes are the rights of the Constitution as a guarantee and habeas corpus cannot be suspended by the president ever. It can only be suspended by the Congress in times of rebellion which in read Milligan says meaning rebellion of such magnitude that judges can't get into their court houses. That has not happened in American history.

So what President Bush did with the suspension of habeas corpus, with the whole concept of Guantanamo Bay, with the whole idea that he could avoid and evade federal laws, treaties, federal judges and the Constitution was blatantly unconstitutional and is some cases criminal.

Nader: What's the sanction for President Bush and Vice President Cheney?

Napolitano: There's been no sanction except what history will say about them.

Nader: What should be the sanctions?

Napolitano: They should have been indicted. They absolutely should have been indicted for torturing, for spying, for arresting without warrants. I'd like to say they should be indicted for lying but believe it or not, unless you're under oath, lying is not a crime. At least not an indictable crime. It's a moral crime.

Nader: So you think George W. Bush and Dick Cheney should even though they've left office, they haven't escaped the criminal laws, they should be indicted and prosecuted?

Napolitano: The evidence in this book and in others, our colleague the great Vincent Bugliosi has amassed an incredible amount of evidence. The purpose of this book was not to amass that evidence but I do discuss it, is overwhelming when you compare it to the level of evidence required for a normal indictment that George W. Bush as President and Dick Cheney as Vice President participated in criminal conspiracies to violate the federal law and the guaranteed civil liberties of hundreds, maybe thousands of human beings.

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