Shep Smith: Bin Laden Killing 'Illegal' (VIDEO)

Shep Smith called the operation that killed Osama Bin Laden "illegal" on Tuesday's "Studio B."

Speaking to Fox News' Catherine Herridge, Smith was discussing the various reports about the intelligence that led to Bin Laden. At one point, he asked Herridge, "is anyone talking about the fact that this is illegal, this operation was illegal, or is that a matter that's going to be left for another day?"

Herridge said no one had discussed it with her.

Smith is not the only Fox host to raise questions about the operation's legality. Fox Business anchor Andrew Napolitano explicitly called the killing illegal on his Monday show, saying it violated the Constitution and several treaties.

WATCH:

Comments

[SaveTheUSA]

11:36 AM on 05/13/2011

Of course Fox News is anti-American. You have a foreigner who owes a major American communication outlet. He spreads his political agenda and hatred. It is too bad the poor people watching and listening to Fox News won't get it till our country is in the hands of another country. I watch and listen to various communication outlets. I listen to foreign news agencies as well as American news organization. I was and still is very disappointed in the American news media. When Bush was president, there were absolutely no investigaitve reporting. American news media has as much fault in the present mess our country is in as someone else. However Fox News is the worst of the worst.

[Charles E Evans]

05:20 PM on 05/12/2011

" Fox Business anchor Andrew Napolitano explicitly called the killing illegal on his Monday show, saying it violated the Constitution and several treaties."

Where in the Constitution, and which treaties say this? Fox has a very clean wall. Everything they throw against it just does not stick.

[paoligarcy]

12:59 AM on 06/12/2011

He was unarmed. He did not pose a military threat on the battlefield, and there are laws against assassination (though also contradicting laws for them). But the truth is he probably died years ago from liver failure and this was just a political ploy. Anyone who doesn't understand that lacks a brain.

For example, if a murder was just committed and I said I shot the man fleeing the scene despite him being admittedly unarmed, dumped his body in a lake to respect his burial wishes (cuz of course THAT must be more important than getting EVIDENCE on the world's greatest criminal) and have DNA linking him to the crime, then later say I don't have DNA (which the administration did), are you really going to believe me?

That's literally their story.

[Haldami]

03:49 PM on 06/16/2011

I love conspiracy theorists. Please tell me more, I need entertainment.

[Drew Drizz Childers]

01:43 PM on 05/09/2011

ATTENTION, SHEPARD SMITH!!! The operation that killed OBL was indeed legal!!

From The New Republic:

“One week after the September 11 attacks, Wittes explains, President George W. Bush signed Public Law 107-40, in which Congress authorized the president “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.”

[CLSayles]

07:22 AM on 05/09/2011

Yeah, it may have been illegal, but it was very affective. I am just shocked that the GOP has taken this long to trash the President over this...

[Sean Wilde]

02:21 AM on 05/09/2011

Wow What a Dick!

[jojobinx]

12:36 AM on 05/09/2011

So I suppose what they did to us on 9/11 was legal? You should be taken off the air.

[martyfrancom]

09:05 PM on 05/08/2011

The question is "Is anyone talking about the fact that this operation was illegal?" ... no, Shep, apparently only you - and since you're not an attorney but a newsreader ... well ...

[Rheinbear]

05:50 PM on 05/08/2011

From the headline I thought maybe Smith was talking about using the public airwaves as a propoganda tool for a political party.

[mrmikes]

05:44 PM on 05/08/2011

Water boarding was oky-dokey, but actually eliminating Lux Luthor is illegal?It's not so much that Shep cares, but when he cares.

[stagebandman]

05:05 PM on 05/08/2011

George W. Bush went on live television and declared that Bin Laden was wanted "Dead Or Alive". That he was the president at the time made that official. Thus, when he was apprehended and killed, that intention was fulfilled. Nothing more. Perfectly legal.

[ex-eye-in-the-sky]

04:49 PM on 05/08/2011

But invading a sovereign nation who did nothing to us and posed no threat: that was legal???
For all the millions and billions of dollars we gave Pakistan...the Country who harbored that dead terrorist...and now for them and their Fox Friends to call it illegal....goes far beyond the pot calling the kettle black. Would ol' Shep prefer we informed those incompetent inept unprofessional Pakistani intelligence officers first, letting them know we're coming to get him, so they could inform the guy or simply bungle the job and let bin Laden get away again, like our former President did in Tora Bora? Then what headlines would the esteemed Fox News Channel comedians be reading to us??

[Icecube]

04:19 PM on 05/08/2011

Sure it was illegal, thats why GWB wants the credit.

[santelmojack]

03:49 PM on 05/08/2011

I can´t believe how so many of you are disregarding his comments as nothing more than anit-obama. talk about denial. the action was illegal. how was it legal. the only justifiacation i´ve heard was that iot´s legal to assassinate a cammander in the field. if it were Bush, many of you would not jump down the throat of someone bringing up the question of legality, but here, patriotism and party loyalty make you blind.

[Mag7]

04:12 PM on 05/08/2011

Smith's comments are nothing more than anti-Obama. Period. If you and a bunch of conservatives believe otherwise by all means file a lawsuit. Also, Obama acted on available intelligence regarding bin Laden, Bush ignored available intelligence.

[santelmojack]

04:38 PM on 05/08/2011

I´m more left than most, by the way. but it´s just the legality in discussion here. regardless of intelligence gathered, etc. was it legal to send soldiers into a sovereign nation and kill five men in a house. it´s a valid question.

[Icecube]

04:24 PM on 05/08/2011

Racism trumps all common sense and has for the last 40 years.

[releafer]

01:48 PM on 05/08/2011

What part of "thou shall no kill" does the government understand?

This makes the United States just a step below the terrorists in mentality.

Revenge is never GOOD!...sayeth GOD!

Better to capture and make them stand trial to expose thier religious fakery......BUT ....look at all the religious fakery on American TV everyday. Time to expose all religion and GET RID OF THE BELIEVERS TRYING TO CONVERT EVERYONE TO THIER FAKERY!

Killing enables more killing..........PERIOD

The reason to forgive is only enabled if you forgive.

TURN THE OTHER CHEEK OBAMA!

FORGIVING MEANS YOU RISE ABOVE, TURN THE TIDE AND MOVE TOWARDS ENLIGHTENMENT!

[99er2049er]

02:24 PM on 05/08/2011

Although this is generally a good rule to follow, sometimes you simply can't take a chance losing the worst killer of our citizens. None of us were in that room, knew how much time they had to take him out and get out of there, if he was resisting, if there was only a split second to make a killing decision. Either way, I say good for the Seals for killing him. If Bin Laden had escaped, he would have plotted to kill more of our citizens, including his special 10th anniversary attacks.

[Gidster]

08:52 PM on 05/08/2011

In other words, play into OBL's desire to become a martyr to his cause, give him a platform to level his "America is at war with Islam" nonsense.....Then jail or execute him. That gives him far more power as a figurehead than just taking him down.

"Thou shall not kill" means nothing, not even to the religions that follow the God of Abraham. They invent reasons to circumvent it at every turn.

Besides, this is a nation, not a church.

[releafer]

04:45 PM on 05/11/2011

One NATION ..under ....a GOD idea!

Turning the other cheek creates freedom from killing.....If you fear the message you kill the messanger. So the U S fears the message of Islam. I don't ......get rid of all religion IDEAS!

[archarabia]

12:24 PM on 05/08/2011

In answer to the headline: no, no one is talking about the fact that this was illegal. And if it had taken place under W, I doubt that this anchor would have asked that question in the first place. COC's rule with a free hand in this country, illegal wars, kidnappings, killings...