The prospects for Brett Kavanaugh's confirmation now rest on four swing senators who are carefully reviewing the FBI background report on sexual assault allegations against the Supreme Court nominee, as GOP leaders close ranks behind the embattled judge and one undecided Democrat comes out in opposition.
Fox News Senior Judicial Analyst Judge Napolitano joined Fox News Radio's Guy Benson and Marie Harf to discuss the latest on Judge Kavanaugh's confirmation process.
On the FBI report and if the public should see if: Of course we should see it. I don't believe in government secrecy and I also think it's really preposterous for Democrats to look at it and say there's a hint of misconduct or Republicans to look at it and say there's not a whiff. We're adults and we can make up our own minds. I think I can infer from generally accepted truths that the principles in this case, Dr. Ford and Judge Kavanaugh, were not interrogated by the FBI and I think I can infer that there was some limitation here, temporal or the number of witnesses or category of witnesses imposed by the FBI by the document that the president signed that we haven't seen. That causes me to conclude that this was not a serious investigation. (2:28)
On the fear that nothing is enough: I have that fear too that it's never enough, which is why the decision about what is enough should not be made by the president or by Pat Leahy or by Chuck Grassley, but by the professional interrogators themselves. Without putting limits on them, the FBI, they will tell you what's enough. (9:17)
On how he feels taking a step back and looking at the process: I think the whole thing, the way it's been handled by both parties, has been damaging to the court. I say that because of the whispers that have made their way to me about the attitude of Chief Justice John Roberts. (11:21)
On if he will be confirmed: It appears at this moment that Judge Kavanaugh will be confirmed within the next 48 hours. (13:22)