JUDGE ANDREW NAPOLITANO: What the president said and what the president has done is as distressing as anything I have observed the government doing in my entire professional life. This president has orchestrated an end run around the constitution of gargantuan proportions. He approved it, he authorized it, he knows it's extend. He did it in secret and now he is denying that it exists. The federal government, in order to make their job of catching bad guys easier -- they are determined to catch bad guys, God bless them for that -- has decided to sweep up the private communications of everybody else, as well. If the constitution and the Fourth Amendment were written for anything, they were written to prevent exactly that. For him to go --



BRET BAIER: He's not the only president who has authorized these kinds of [programs].



NAPOLITANO: No, he's not the only president. George W. Bush did it as well. You and I debated it and I expressed a similar view at the time. This is far grander in scope. You just had Congressman Justin Amash (R-Mich) on. He is correct. This is every e-mail and every phone call and every text of every American who uses the telephone on the internet and who doesn't, going back to early 2011, and the president has denied it. (Special Report, August 8, 2013)