I must admit that I was taken aback by Judge Andrew Napolitano's assertion in this interview and in his book, "Lies the Government Told You" that "They [George W Bush and Dick Cheney] should have been indicted. They absolutely should have been indicted for torturing, for spying, for arresting without warrants." By the way, Napolitano asserts these same things are going on today in the Bam admin. So, all the blood's not just on Bush/Cheney's hands.
Now, Judge Napolitano is a lawyer, and his opinions are sort of what I would expect from a lawyer, but, more so, from someone concerned about civil liberties and a powerful government determined to take them away from you.
As conservatives, we should not whitewash potential crimes committed by the Bush administration just because they were committed in the exercise of the Global War on Terror. Just as an all powerful government running GM, the health care industry and banks should scare us, so should a government willing to deny some Americans civil liberties, even in a time of war. In this case, the liberals and Judge Napolitano are right. At least Judge Napolitano comes by his reasoning honestly (as opposed to politically in the libs case).
I believe his larger point is one we should all consider carefully, how comfortable are you with a government that ask you to "Trust us" to do the right thing?
Video of segment below. Entire C-SPAN interview here.