Fox News Senior Judicial Analyst Judge Napolitano joined Fox News Radio's Guy Benson and Marie Harf to discuss day one of Judge Kavanaugh's nomination hearing.
On his first impressions from day one of Kavanaugh hearings: I think the Democrats have pretty much concluded that they cannot block this nomination. So their attack is on the process and to a certain extent the process has been a little unfair to them because of the volume of documents that would have been withheld from them. (2:22)
On how important it is for Kavanaugh to answer questions about presidential prosecution: I think that is a no win situation if he gets into answering questions about his philosophy of the law. He's going to have to live with the statements that he made in law reviews articles and in the speeches he gave and he's come 180 degrees from his views on Bill Clinton's vulnerabilities to his views on Donald Trump's vulnerabilities. If he accepts the first hypothetical that they press to him rather than taking the same road that Elena Kagan and Ruth Bader Ginsburg took, which is that I'm not going to answer any hypotheticals. (6:21)
On if there is any rational that Kavanaugh ought to recuse himself in cases that involve Trump: Absolutely none. When Clinton vs. Jones was decided that's the Supreme Court opinion that required President Clinton to participate in the litigation brought against him by Paula Jones. The decision was unanimous and it included two people that he had put on the Court. I believe in the system enough to know since this did happen to me that something radically changes in your thinking when you have a lifetime judgeship. You suddenly lose affection for the people who put you there because you realize your loyalty is no longer to them. It is to the Constitution. (9:10)