Speaking to Fox News' Catherine Herridge, Smith was discussing the various reports about the intelligence that led to Bin Laden. At one point, he asked Herridge, "is anyone talking about the fact that this is illegal, this operation was illegal, or is that a matter that's going to be left for another day?"
Herridge said no one had discussed it with her.
Smith is not the only Fox host to raise questions about the operation's legality. Fox Business anchor Andrew Napolitano explicitly called the killing illegal on his Monday show, saying it violated the Constitution and several treaties.
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