O’Reilly asked Fox News Senior Judicial Analyst Judge Andrew Napolitano to give his insights over the recent decision by Attorney General Eric Holder to bring the September 11, 2001 terror suspects, including Khalid Sheikh Mohammed, to New York City for a civilian trial, which has upset some Americans, such as O’Reilly.
Think Progress notes, Napolitano tried to explain to O’Reilly that under the United States Constitution those who commit crimes in at a place must be tried in that place. O’Reilly responded, “I don’t care about the Constitution! The Constitution isn’t here, you’re here. Don’t be a pinhead.”
O’Reilly then further asked, “So why is he entitled to come to New York City to be tried in the civilian criminal court if he’s arrested in Pakistan?” Napolitano responded, “Because the document you don’t want me to talk about says when the government is going to prosecute you, it must do so in the place where the alleged harm was caused.”
In the end, Fox News Senior Political Analyst Brit Hume stated that Napolitano says it’s Constitutional but he’s not certain if he agrees with that. (source)