You are using an outdated browser. Please upgrade now to a modern browser in order to benefit of all our site's features: Chrome, FireFox, Opera, Safari or Internet Explorer. [Close]

The Official Blog of Fox News Channel

'It's Dangerous to Talk of Suspending Suspect's Constitutional Liberties'

In a heated debate with Stuart Varney, Napolitano argues the alleged Boston bomber must be granted his rights under the Constitution.

Should the alleged Boston bomber be treated as an enemy combatant?

It's a hot-button issue that is being fiercely debated in the days following the arrest of 19-year-old Dzokhar Tsarnaev. Judge Andrew Napolitano weighed in on the subject this morning on Fox Business Network, getting into it with host Stuart Varney over the constitutional protections that should be afforded to Tsarnaev.

Napolitano said that "there's not a scintilla of evidence that these guys had any involvement with any organized group, domestic or foreign," which he said would have to be established before Tsarnaev can be labeled an enemy combatant. Varney argued that maybe the government could get more information on that subject if they could talk to Tsarnaev without a lawyer present.

"Guess what. The Fifth Amendment prevents us from 'getting' what we want to get out of him. If you want to suspend his Fifth Amendment right, there will be no limit to whose rights you can suspend!" said Napolitano, pointing out that the younger brother is a U.S. citizen and therefore gets the same "panoply" of constitutional rights that anyone else would.



Leave a Comment0

Today's Front Page Stories

Don't want to keep checking back here for the latest from Fox News? That's cool. We'll come to you ...

Connect with Fox News


Stay connected with the most-trusted name in cable news through exclusive videos, blogs, polls, contests and behind-the-scene details.

Get More Fox!

Greta Is Wired! is the official blog of Greta Van Susteren. Get Greta’s breaking news alerts, pictures, videos, polls, and behind-the-scenes exclusives. Plus, speak out on open threads, as well as the live chat page. Connect to the GretaWire community ... and to Greta herself!

Fox News Presents: 'My America with Elisabeth Hasselbeck'

Fox News Channel presents an exciting new feature series, My America with Elisabeth Hasselbeck. From the quirky to the inspirational, "My America" reveals who we are as a nation – driven, passionate and uniquely American. Watch the latest installment, an up-close look at the beloved Oscar Mayer Wienermobile!