Judge Andrew Napolitano sat down with Brian Kilmeade this morning to discuss the bombshell accusation that was dropped by a top Democratic senator, who claims the federal government has violated the Constitution and undermined separation of powers.

Dianne Feinstein (D-Calif.) said the CIA may have improperly searched computer files used by the Senate Intelligence Committee over its review of the CIA's now-defunct interrogation programs. She berated the CIA on the Senate floor this week.

CIA Director John Brennan responded by saying "nothing could be further from the truth." Judge Napolitano believes this is a potential "game changer" in the relationship between the CIA and Congress. He repeated his calls for more government transparency in a Washington Times column.

In our post-Sept. 11 world, the government has gotten away with hiding its worst behavior behind a veil of secrecy, publicly justified by the fears of a loss of safety that it has instilled in the public," he writes.

"That is not condoned by the Constitution. Under the Constitution, a free people are always entitled to know what the government is doing, and we are entitled to a government that obeys the laws it enforces against the rest of us so we can replace the government when it fails to protect our freedoms."

Napolitano pointed out that as Senate Intelligence Committee chairman, Feinstein has always been a big supporter of the intel community. He explained that Feinstein's comments on the Senate floor, even if she revealed government secrets, are protected ethically and legally.

Watch the discussion above and check back each day on Fox News Insider for all of Judge Nap's analysis!