President Obama has accused Republicans of blocking efforts to avoid the automatic spending cuts set to go into effect March 1. Fox and Friends asked Judge Andrew Napolitano whether Obama can decide where the cuts should go into effect, since Congress has not passed a budget.

Napolitano explained

that the sequester is not a reduction in spending, but actually just slowing down the rate of spending increases. He said Obama has an obligation to keep the most critical areas of the government running at full force, and look to apply the cuts elsewhere.

"This is almost an impeachable offense. If the president is deciding how to spend money in order to hurt us, rather than in order to provide us with the services for which we have paid and for which we have hired him, he is doing the opposite of what he has taken an oath to do," Napolitano said.

Watch the discussion: