On Studio B with Shepard Smith, Napolitano lambasted Mueller for testimony given before the House Judiciary Committee on Thursday on the government’s surveillance of Americans’ phone and email communications, alleging that he’s “still singing the tune that Constitutional liberties can be subordinate to the government’s need to [find the bad people].”

“With that logic,” he continued, “they can cut as many holes into the Constitution as they want.”

Not to mention the fact that he’s making an argument that’s inconsistent with the history of the FBI, the judge contended.