"So what President Bush did with the suspension of habeas corpus, with the whole concept of Guantanamo Bay, with the whole idea that he could avoid and evade federal laws, treaties, federal judges and the Constitution was blatantly unconstitutional and is some cases criminal," he continued.
"What should be the sanctions [for Bush and Cheney]?" asked Nader.
"They should have been indicted. They absolutely should have been indicted for torturing, for spying, for arresting without warrant," said Napolitano.
"I'd like to say they should be indicted for lying but believe it or not, unless you're under oath, lying is not a crime. At least not an indictable crime. It's a moral crime," he said.
This isn't the first time that Napolitano's comments have veered away from the standard talking points at Fox News. He has predicted that Arizona's controversial immigration law will be blocked by the court. Napolitano also said Arizona's governor would " bankrupt the Republican Party" fighting for the law.
The liberal blog Crooks and Liars has more details on the Nader/Napolitano inteview.
This video is from C-SPAN's Book TV, broadcast July 10, 2010.