Napolitano to O'Reilly: If Hillary Clinton were president, "pro-life and pro-gun" activists, conservative commentators would be "targets of warrantless searches"

Summary: In a conversation with Radio Factor host Bill O'Reilly about President Bush's secret authorization of warrantless domestic wiretapping, Fox News senior judicial analyst Andrew P. Napolitano asked: "Would you feel this way if Hillary [Clinton] were president?" Napolitano then added: "Because then you know the pro-life and the pro-gun will -- they'll be targets of warrantless searches. ... And maybe conservative commentators will be targets of warrantless searches."

On the January 11 edition of Bill O'Reilly's nationally syndicated radio show, Fox News senior judicial analyst Andrew P. Napolitano asserted that "commentators" and "pro-life and pro-gun" activists would be "targets of warrantless searches" if Sen. Hillary Rodham Clinton (D-NY) were president.

In response to Fox News host Bill O'Reilly's assertion that the Bush administration's authorization of the National Security Agency (NSA) to wiretap domestic conversations without obtaining a warrant from a court was a proper course of action, Napolitano asked him: "Would you feel this way if Hillary were president?" When O'Reilly responded, "Yeah," Napolitano added: "Because then, you know, the pro-life and the pro-gun will -- they'll be targets of warrantless searches. ... And maybe conservative commentators will be targets of warrantless searches."

From the January 11 edition of Westwood One's The Radio Factor with Bill O'Reilly:

O'REILLY: Doesn't matter -- whatever they are, they have a right to their opinion. But the country's coming down 60-40, basically saying we want to be protected, we do not feel our rights are being violated by the NSA eavesdropping or the [USA] Patriot Act.

NAPOLITANO: Would you feel this way if Hillary [Clinton] were president?

O'REILLY: Yeah.

NAPOLITANO: Because then, you know, the pro-life and the pro-gun will -- they'll be targets of warrantless searches.

O'REILLY: No, but -- not unless they're dealing --

NAPOLITANO: And maybe conservative commentators will be targets of warrantless searches.

O'REILLY: Not unless we're dealing with Al Qaeda, correct? Aren't I correct?

NAPOLITANO: If she has to go to a judge, like FISA [Foreign Intelligence Surveillance Act], she'd have to demonstrate the connection to Al Qaeda. If she doesn't have to go to a judge, she can pick whoever she wants.

—A.D.