It would be "unwise and exquisitely unfair" for Supreme Court nominee Brett Kavanaugh to answer questions about an alleged sexual assault if his accuser does not attend a Senate hearing on the matter, judicial analyst Andrew Napolitano said Wednesday.
In an interview with Fox Business host Neil Cavuto on his show "Cavuto: Coast to Coast," Napolitano said Kavanaugh "can't deny something until he hears what it is — otherwise it's like playing catch with Jell-O."
Christine Blasey Ford, a California psychology professor who alleges Kavanaugh assaulted her at a party when they were both in high school in the 1980s, said through her lawyer Tuesday night she will not testify before the Senate Judiciary Committee until a full FBI investigation is completed.
"I think it would be unwise and exquisitely unfair [for] Judge Kavanaugh . . . to answer allegations lobbed in the public domain through an interview in the Washington Post," Napolitano said.
"That is not the appropriate way to do it. He is basically responding to hearsay, what the reporter says, the reporter heard, the complainant tells the reporter," he continued. "Dr. Ford decided, perhaps reluctantly, she wanted the world to know information about his qualifications for the [Supreme] Court. She has the moral duty to present what she says she knows in an appropriate forum . . . that forum is the Senate Judiciary Committee."
"He would be unwise to respond to allegations that did not come out of the mouth of the accuser."
Napolitano, a former judge, also cautioned Republicans against rushing to vote on Kavanaugh's confirmation now.
"It would be the perception they are mistreating this woman, who might be a victim, unfairly, and there will be a taint on Judge Kavanaugh that will never go away until the public actually has the opportunity to hear the two of them," he said.
Kavanaugh has denied Ford's allegation.
The Senate hearing is scheduled for Monday.
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