Judge Andrew Napolitano tonight weighed in on the administration's release of five Guantanamo Bay detainees following the Paris terror attack.

Napolitano called the timing "horrific politically, but legally permissible."

He explained that the five people who were let go were ordered to be released five years ago. None of them have been charged for anything.

Napolitano also slammed Gitmo's prosecution system, saying it's "not only unfair, but a failure." He noted that nobody has ever been tried for 9/11 or convicted of a serious offense.

He called out Sen. Lindsey Graham (R-SC) for calling the released detainees "murderers," saying there is no actual evidence of that in these cases. 

Charles Krauthammer said that the arguments in favor of closing Gitmo are "weak" overall, adding that it's "preposterous" to say that leaving Gitmo open is a recruiting tool for terrorists. 

"9/11 happened before Gitmo ever existed. They have a list of grievances which is as long as the day. Gitmo sits somewhere in the middle of that list. Remove it and there's a dozen other items that will fill it," said Krauthammer.

Watch the panel discussion above.