He went on to say that while it is defensible to surround the federal courthouse with fencing and armed agents to protect it, it is another thing “for them to go out stirring things up in the street” with protesters expressing their opinion.

“It is an unorthodox way to express political opinions in the middle of the night in the area where nobody lives,” the judge added. “But political dissent is part of our heritage and our culture and it is how the country began.”

Anchor Neil Cavuto wondered aloud whether Napolitano agreed with local and state leaders that the feds’ presence has “actually instigated or incited more violence” in the city.

“I do think they have incited more than what ordinarily would be the case primarily because of their continuous hour-long barrages of tear gas,” Napolitano responded. “It is a very serious form of tear gas.”