Judge Andrew Napolitano said Wednesday on The Daily Briefing that if the woman accusing Brett Kavanaugh of sexual assault isn't present for a hearing on Monday before the Senate Judiciary Committee, then Kavanaugh should remain silent about the alleged incident.

Christine Blasey Ford, a professor at Palo Alto University in California, alleges that Kavanaugh sexually assaulted her 36 years ago when the two were in high school.

She had originally asked for an FBI investigation to take place regarding the matter before agreeing to a hearing, and has not yet accepted multiple invitations by committee chairman Chuck Grassley (R-Iowa).

"If Professor Ford is not physically there at the hearing and doesn't take an oath and give her version of these events, then Judge Kavanaugh should say nothing," Napolitano said. "His denial should come out of the mouth of the press office in the White House.


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The Senate Judiciary Committee has also offered to send a team to Ford in California to make her feel more comfortable instead of coming to Washington.

Napolitano said on Wednesday that Kavanaugh is entitled to hear Ford's words and "gauge her credibility" as opposed to reading her accusation in a newspaper.

"I don't think sending staff members to California and interviewing her in her home will fit the bill," he said.

Lisa Banks, Ford's attorney, said in an interview that her client will talk with the committee, but that she's not prepared to do so in a hearing on Monday.

"There should not be a rush to a hearing," she said. 

Napolitano added that he thinks President Trump should ask the FBI to conduct the background investigation that Ford is asking for.

"I would rather see a Justice Kavanaugh start in November but without taint on his skin, than a Justice Kavanaugh starting in October but with doubt about whether or not these events happened."

Watch the discussion above.


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