Judge Napolitano is playing a role on Fox News. He gets lots of help and scripts to say what they expect him to say. Occasionally, he is allowed to say what is on his mind, but only when it fits the Fox News narrative.
I know Juan Williams and he plays a similar role, though he get different scripts. Most of what Juan says comes from the character that he is playing. Both of them are phonies.
There are much better judicial and constitutional analysis than Nap. I listen to Turley, I seldom listen to Nap. Didn’t Nap say that guy who released thousands of classified documents from the NSA, including the names of our CIA agents etc was a national hero?