In a Los Angeles Times op-ed last week, Fox News senior judicial analyst and former New Jersey Superior Court judge, Andrew Napolitano, asserted that President Bush’s warrantless wiretapping program “illegally” spies on Americans and warned against further efforts to broaden his spying powers:
The so-called Protect America Act of 2007, which expired at the end of last week, gave the government carte blanche to spy on foreign persons outside the U.S., even if Americans in the United States with whom they may be communicating are spied on — illegally — in the process. [...]
Those who believe the Constitution means what it says should tremble at every effort to weaken any of its protections.
Yet it seems Napolitano’s bosses at Fox News aren’t interested in hearing him criticize the right-wing wiretapping position on their televsion network. Napolitano has appeared on Fox News at least twice since Monday, and in both appearances, Napolitano was never asked to comment on Bush’s wiretapping. (He did, however, get to remark upon the death of Princess Diana.)
Discussing the Supreme Court’s recent decision to reject the ACLU’s challenge to Bush’s eavesdropping program would seem like a perfect opportunity for Fox News to turn to its premier judicial expert for an opinion. But in the one and only discussion of the decision last night, Fox host Bill O’Reilly instead brought on daytime anchor Megyn Kelly, who said the ACLU’s case is “like first-year law student fodder.”
Fox News is happy to let Napolitano appear regularly on Fox News — until he criticizes the administration.