Fox legal analyst: Bush should have been indicted

An interesting story that has yet to be picked up by the MSM...

2009 04 23 070411 Fox legal analyst: Bush should have been indicted

Fox News' senior judicial analyst made some surprising remarks Saturday that may go against the grain at his conservative network.

In a interview with Ralph Nader on C-SPAN's Book TV to promote his book Lies the Government Told You, Judge Andrew Napolitano said that President George W. Bush and Vice President Dick Cheney should have been indicted for "torturing, for spying, for arresting without warrant."

VIDEO - Judge Andrew Napolitano: Bush and Cheney Should Have Been Indicted for Torturing, for Spying and Arresting Without Warrants

The judge believes that it is a fallacy to say that the US treats suspects as innocent until proven guilty. "The government acts as if a defendant is guilty merely on the basis of an accusation," said Napolitano.

Nader was curious about how this applied to the Bush administration. "What about the more serious violations of habeas corpus," wondered Nader. "You know after 9/11 Bush rounded up thousands of them, Americans, many of them Muslim Americans or Arabic Americans and they were thrown in jail without charges. They didn't have lawyers. Some of them were pretty mistreated in New York City. You know they were all released eventually."

"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," answered Napolitano.
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"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," he continued.

"What should be the sanctions [for Bush and Cheney]?" asked Nader.

"They should have been indicted. They absolutely should have been indicted for torturing, for spying, for arresting without warrant," said Napolitano.

"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," he said.

This isn't the first time that Napolitano's comments have veered away from the standard talking points at Fox News. He has predicted that Arizona's controversial immigration law will be blocked by the court. Napolitano also said Arizona's governor would "bankrupt the Republican Party" fighting for the law.
Fox is not anywhere near as ideologically monolithic as its detractors like to make out. Geraldo Rivera, Alan Colmes (although he doesn't anchor any more), juan Williams (on everyday) are all well-known "liberals". There's plenty of other anchors whose politics is never an issue in their presenting. Since John Stossel moved to FBN there isn't a single known conservative or libertarian (as far as I'm aware) anchoring or with a constant presence on any other of the MSM channels. In any case Fox News is a necessary counterpoint to ABC, NBC, MSNBC, CNN, PBS etc.

As for Judge N, he's mostly pretty insightful but occasionally goes off on one. Megan Kelly does a pretty good job on legal affairs -- after all, she was a trial lawyer -- and she often sets up two attorney talking heads with differing legal opinions on a case and then moderates between them.

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