Founding Fathers. LOL. That term has become almost trite in the world of internet discussion forums. Every poster assumes these, now turned to dust, men would automaticall agree with him/her whether there was such an issue present in that day or not. And the term is invoked as if invoking God. Too bad we can't just stick with the Constitiution. It is what it is.
The founding fathers wrote the constitution.
Therefore the founding fathers put in place a device which specifically allows for this action.
I don't really know what you're talking about with automatically assuming they would agree. They laid it out in the constitution.
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;"
Is the argument that this guy did not present a public danger?