Joy Behar, co-host of ABC's "The View," questioned on Tuesday why President Donald Trump was given the ability to select the next Supreme Court justice.

Trump nominated District of Columbia Court of Appeals Judge Brett Kavanaugh Monday night to fill the impending vacancy of retiring Associate Justice Anthony Kennedy on the high court.

Behar asked why someone who is under investigation by the FBI for obstruction of justice and collusion is allowed to choose the next justice.

"How dare he be allowed to do this when he's under investigation?" Behar said.


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Fox News contributor and radio talk show host Tammy Bruce refuted Behar's comments Wednesday on "Fox & Friends," noting that it has been made clear that the president is not "under investigation."

"Bottom line is, is that this is all politics, right? It's also, with what you're seeing, kind of like the most expensive group therapy we've ever seen in this country," Bruce added.

The outcry from Democrats won't stop Kavanaugh's nomination, Bruce said, saying that backlash is part of the process of selecting a Supreme Court justice.

"Everybody generally agrees that Judge Kavanaugh is a smart man [and that] he knows what he's doing," she said, adding that she believes the "meltdown" by Democrats is an effort to "gin up" support ahead of the midterm elections.

But, Bruce said, if Democrats had a policy position in the first place, there wouldn't be a need to gin up any type of support.

"When it comes to what we need here in this country, [we need] a genuine, thoughtful, balanced, fair approach to justice. And that's what Kavanaugh represents for the Supreme Court."


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