On the heels of the shocking revelation that the Justice Department seized the phone records of AP reporters, Stuart Varney talked to Judge Andrew Napolitano about the growing controversy. The DOJ wanted the records in an effort to figure out who in the government leaked details of a terror plot in Yemen to the AP. The government claimed that leak harmed a CIA operation.

He asked the judge whether this was legal and just how much freedom Americans are willing to give up in the name of security.

Judge Napolitano said from the information he knows about, it appears to be an unconstitutional move by the Justice Department. He explained that in a criminal investigation - in this case, the probe of who leaked the information to AP - authorities must abide by the Fourth Amendment, which says "when the government wants information, like telephone records, it has to go to a judge and present evidence of probable cause and get a search warrant, and they simply did not do that here."

Earlier today, Napolitano took on another of the scandals facing the Obama administration: the IRS's targeting of right-wing groups.

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