Judge Andrew Napolitano sat down with Gretchen Carlson this afternoon to give his take on the TSA and airport security after a new government warning about a shoe-bomb threat on flights entering the United States from overseas.

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Ultimately, he said he has yet to hear of a situation in which TSA agents stopped a would-be terrorist from boarding a plane in the United States. He called the TSA "basically an illusion designed to give us the appearance of safety."

"The TSA let on-board the underwear bomber and the shoe bomber," said Napolitano, pointing out if the government had actually stopped a terrorist at the airport they'd have "boasted" about it.

Napolitano observed that when the TSA fails, it results in the agency getting "richer," and getting more money and staff. Ideally, he said each airline would be responsible for making sure their flights were safe.

He suggested that some flights could have stricter security screening than others, giving the customer the right to choose and eliminating the government from the equation. The judge said each airline faces "catastrophic" results if one of their planes is attacked.

It'll never happen though, because as Napolitano noted "the government will never give up the power."