On Tuesday's edition of "Fox and Friends," Judge Andrew Napolitano broke down what legally constitutes an "act of domestic terrorism" and argued that the Ft. Hood shooting in 2009 should have been labeled as such -- but not the recent Sikh temple shooting.
"The legal definition of terrorism is two or more acts of violence, intended to change the policy of the government by scaring the population or by scaring the government," the Judge explained.
However, when asked whether that definition applied to the Sikh temple shooting in Wisconsin on Sunday, Napolitano said "it does not appear to" fit the legal definition.
Napolitano said the shooter, Wade Michael Page, 48, was "a disgruntled nut job who hated Muslims -- didn’t know the difference between Sikhs and Muslims -- and thought by killing the Sikhs, he was somehow going to eliminate the Muslim population. It's an absurd, tortured way of thinking, but it is not domestic terrorism."
Napolitano clarified his remarks further.
"On the other hand, the Ft. Hood shooter, who killed the military in the place where they work while damning and condemning the behavior of the government. The employer of the people he killed, the government, refuses to call that an act of domestic terrorism," he added.
"While hailing Allah," co-host Brian Kilmeade said. "And that's been verified."
Napolitano replied, "If that is not a case of terrorism, then nothing is a case of terrorism."
The federal government ultimately determined the Ft. Hood shooting was an act of "workplace violence"even though the shooter, Nidal Hasan, had documented ties to radical Islam and exchanged emails with Islamic cleric Anwar al-Awlaki.
"I think what's playing here is politics. I think there is a political ramification to calling something terrorism. It scares people, we look at it more closely. But if you call something 'work place violence,' as horrific as it is, it doesn't scare us as much as it does with the word terrorism."
Watch the "Fox and Friends" segment here via Mediaite:
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- ‘GOD SENT ANOTHER SHOOTER’: WESTBORO MEMBERS SEND ‘HORRIFIC’ TWEETS IN WAKE OF DEADLY SIKH TEMPLE ATTACK
- POLICE: SIKH TEMPLE SHOOTING BEING HANDLED AS ‘DOMESTIC TERRORISM,’ FBI TAKING OVER INVESTIGATION
- ‘HATE BREEDS HATE’: TWITTER USERS BLAME MICHELE BACHMANN FOR ATTACK ON SIKH TEMPLE
- OBAMA, ROMNEY RELEASE STATEMENTS FOLLOWING SIKH TEMPLE SHOOTING
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- COPS REVEAL MOMENT SHOOTER OPENED FIRE ON OFFICER 8-9 TIMES (PLUS OTHER DETAILS FROM SIKH SHOOTING PRESSER)
- WHO ARE ‘SIKHS’ AND WHAT DO THEY BELIEVE? WE EXPLAIN