Judge Andrew Napolitano: 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."

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.