The world’s most dangerous terrorists have scored two big wins while being held at Guantanamo Bay. Usama bin Laden’s body guard is reportedly a step closer to freedom after a secret Obama administration review board reversed its own earlier findings that he was too dangerous to release.

Judge Andrew Napolitano reacted to the news that the former bodyguard has been cleared for eventual transfer. "This is a case that tests one’s fidelity to the Constitution,” he said.

Judge Napolitano said everyone is eligible for due process under the law. “The Supreme Court has ruled five times since 9/11 that the Constitution applies in Guantanamo Bay. So that means if the government wants to keep somebody there beyond a brief period of time to assure his presence at trial, it has to put him on trial. Or if it doesn’t have enough evidence, it has to let him go.”

The judge added that the administration needs to be transparent about the evidence it originally said it had to hold him in the first place.

In addition, Megyn Kelly reported that Khalid Sheikh Mohammed, the mastermind of 9/11, is now communicating beyond walls of his cell with a pen pal in England, spewing terrorist propaganda.

Debra Burlingame, whose brother was a pilot on 9/11, joined The Kelly File to discuss this outrageous story. She also contradicted Judge Napolitano’s claim it's constitutional to release bin Laden’s bodyguard.

Watch the full segment above and tell us what you think.