The rights of NYC terror subject Sayfullo Saipov, as for anyone in the United States charged with a crime, are written in the Constitution of the United States.
You wouldn't know that from watching Fox News any time someone not-White is accused. Today was no different, and it's clear (again) where the so-called leader of the free world is getting his information on how to run the country. From the simple-minded fascism at Fox.
But Judge Napolitano knows the law and probably has friends in the Manhattan legal world. That makes him a different Fox Broadcaster on occasion. This morning he tried to school Stuart Varney on the law, get fed up and said, "you don't know what you're talking about."
Anger is fueling many conservative commenters on Fox News and Fox Business, triggering Trump's fascist response over the NYC terror attacks: since yesterday President Lock 'Em Up has been making sweeping statements that defy the Constitution and the rule of law. Those are two issues conservative commentators tell their flock are sacrosanct when the shooter is a White gun nut.
On FBN's Varney & Co., host Stuart Varney was either too angry or just couldn't discern the difference between military and civilian justice and how they work.
Yesterday, Trump told the press he wanted to send Saipov to Gitmo, which is illegal since the arrested NYC terrorist has legal rights under our judicial system.
Varney visibly upset asked, "Can the president have him put in Gitmo?"
Judge Napolitano replied, "Can he legally do it? The answer is no."
The judge talked about George Bush's original rationale for sending people to Guantanamo Bay.
"Nothing would be gained by sending him [the NYC suspect] there. Constitutionally, ...he has all the rights of an American citizen but for three. He can't vote, run for office - can't hold an American passport."
"He is a permanent lawful resident so they could no more strip him of his constitutional rights than they could you or me."
After acknowledging that Saipov was given a Miranda warning and read his rights, Varney became more agitated.
Varney said, "What are we doing with this is criminalizing terror as opposed to making it a separate offense with political consequences, we're criminalizing it."
After Varney explained the problem with his thinking and used the case of Khalid Sheikh Mohammed, who has been imprisoned for 16 years and never been brought to trial by the military courts.
Varney exclaimed, "This is your fault!"
Napolitano tried to make light of it, but Varney was angry and said, "The judiciary has really screwed this up."
The judge replied, "No, you don't know what you're talking about."
The judge explained how efficient the civilian courts have been when prosecuting terrorist cases in lower Manhattan as opposed to the military.
I've written in the past how these military tribunals are a sham and are encouraged by Republicans who refuse to hold trials in their own states against terrorists.
Varney could not wrap his head around the differences between civilian and military justice because all he sees in blood.
Unfortunately, the president gets his ideas on how to govern straight from the mouths of Fox employees like Varney and so Trump issues bogus threats and claims that have no bearing in our entire judicial system.
Judge said, "The president was dead wrong when he said the American judicial system is a laughing stock. It is a model of fairness, efficiency and doing the right thing."
Varney, who became a U.S. citizen in 2015, disagreed.
"Sorry, it's not," Varney said, " You take 16 years - "
"I'm not talking about the military system, the civilian system."
"I'm talking about the judiciary, which includes the military.!"
"It does not! It is a separate system for which civilians have no control except one guy named Trump."
Varney still was confused.
"There you go again parsing words. The man has been in prison for 16 years - you can't bring him to trial and I believe, was it a prosecutorial lawyer or defense lawyer had to appear in a full burka to accommodate his sensibility? He's made a mockery of us."
It's understandable for people to be angry for what happened in NY, my entire family lives there, but personalities in TV, radio, and all social media have a duty to know or at least try to understand the laws that govern us all, and how they apply to these crimes. Instead, they spread lies and misinformation to the public which fuels even more anger.
Unless they are incapable of such understanding, see, for instance, Stuart Varney.
Napolitano said, "If he had been brought to lower Manhattan which was the site of the crime, 9/11, he would have been tried 15 years ago, but George W. Bush decided we are going to put him in Cuba and nothing will happen. "
Stuart replied, "I think we disagree."
The judge asked him which was a better option, to let him sit in Cuba or tried and convicted in Manhattan?
Varney replied, "Neither. He should have been tried in Cuba and put in some place, I don't know where."
Khalid Sheikh Mohammed still sits in prison partly because he was waterboarded 183 times. Testimony under torture is inadmissible--the United States of America destroyed vital evidence.
But Varney is acting like so many moronic AM talk show hosts like Laura Ingraham. These know-nothing Trump supporters want quick and easy vengeance instead of American justice.
At times Judge Napolitano has gone off the deep end with conspiracy theories, but on the rule of law under the Constitution, he's been very consistent.