On the January 11 edition of Bill O'Reilly's nationally syndicated radio show, Fox News senior judicial analyst Andrew P. Napolitano asserted that “commentators” and “pro-life and pro-gun” activists would be “targets of warrantless searches” if Sen. Hillary Rodham Clinton (D-NY) were president.

In response to Fox News host Bill O'Reilly's assertion that the Bush administration's authorization of the National Security Agency (NSA) to wiretap domestic conversations without obtaining a warrant from a court was a proper course of action, Napolitano asked him: “Would you feel this way if Hillary were president?” When O'Reilly responded, “Yeah,” Napolitano added: “Because then, you know, the pro-life and the pro-gun will -- they'll be targets of warrantless searches. ... And maybe conservative commentators will be targets of warrantless searches.”

From the January 11 edition of Westwood One's The Radio Factor with Bill O'Reilly:

O'REILLY: Doesn't matter -- whatever they are, they have a right to their opinion. But the country's coming down 60-40, basically saying we want to be protected, we do not feel our rights are being violated by the NSA eavesdropping or the [USA] Patriot Act.

NAPOLITANO: Would you feel this way if Hillary [Clinton] were president?

O'REILLY: Yeah.

NAPOLITANO: Because then, you know, the pro-life and the pro-gun will -- they'll be targets of warrantless searches.

O'REILLY: No, but -- not unless they're dealing --

NAPOLITANO: And maybe conservative commentators will be targets of warrantless searches.

O'REILLY: Not unless we're dealing with Al Qaeda, correct? Aren't I correct?

NAPOLITANO: If she has to go to a judge, like FISA [Foreign Intelligence Surveillance Act], she'd have to demonstrate the connection to Al Qaeda. If she doesn't have to go to a judge, she can pick whoever she wants.