Judge Andrew Napolitano is a conservative jurist who gets on Fox News every so often to hand down his pronouncements about the law; he’s their sit-in for Antonin Scalia. But apparently he has a bit of a contrarian streak to him when he’s not on Fox, as Ralph Nader found out the other day when he interviewed him on C-SPAN.
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.
I’m not about to hand him a medal for saying what has been blatantly obvious to the rest of us for the last eight years or so, but it is at least refreshing that he said it, if only to see if Glenn Beck’s head will spin counter-clockwise this time.