Fox News appeared divided against itself Thursday over reports that a federal magistrate had arrived at the hospital where accused Boston-marathon bomber Dzhokhar Tsarnaev was being interrogated to read him his Miranda rights. On The Five, host Eric Bolling said that by doing so, he stopped the FBI in its tracks. Added Kimberly Guilfoyle: Eric Holder, the head of the InJustice Department -- this was a call by the DOJ [Department of Justice] because they believe in just issuing Miranda rights. They didn't have to. What they needed to do was make sure America was safe. ... It's shameful. However, appearing later with Fox legal news analyst and former New Jersey judge Andrew Napolitano, Fox News Anchor Shepard Smith commented, The reading of the rights does not activate them. The absence of the reading does not remove them. They simply are. They are rights and, he, like you and I, has the right to remain silent. Napolitano agreed and went on to explain that a suspect must be charged with a crime within 72 hours after being arrested and that, once charged, the suspect must be brought before a judge. In this case, the judge had to be brought to the hospital because of Tsarnaev's physical condition. I am profoundly concerned, he added, that when the evidence of guilt is overwhelming and the people are weeping because they have been deeply disturbed and hurt and harmed and maimed and killed, the government will find ways to go around the Constitution, and when the government has done that ... it has never brought about safety, it has only lessened freedom.