Fox News contributor and host of Fox Business' new libertarian show Judge Andrew Napolitano said over the weekend that President Bush and Vice President Cheney should have been indicted over their administration's conduct around Guantánamo Bay.
In an interview with Ralph Nader on C-SPAN, Napolitano blasted the former administration for suspending habeas corpus.
"What President Bush did with the suspension of habeas corpus, with the whole concept of Guantánamo Bay, with the whole idea that he could avoid and evade federal laws, treaties, federal judges and the constitution was blatantly unconstitutional — and in some cases criminal," Napolitano said. "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."
Napolitano added that "the evidence...is overwhelming...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."