Judge Andrew Napolitano said Monday on America's Newsroom that Brett Kavanaugh's denial of heavy drinking could be "perilous" if evidence is found to contradict him.

The FBI probe into the sexual misconduct claims against Kavanaugh, the Fox News senior judicial analyst said, is also perilous.

He agreed with former FBI Director James Comey's op-ed that said there shouldn't be a "shot clock" on the bureau's investigation.

Napolitano added that if more evidence to back up Christine Blasey Ford's accusations is found, it has to "keep digging."


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"They can't stop because the clock is up," he said.

The Supreme Court nominee's consumption of beer was frequently mentioned during his testimony last week, as Ford alleged he was drunk when he assaulted her in 1982.

Sen. Amy Klobuchar (D-Minn.) had asked Kavanaugh directly if he'd ever blacked out from too much drinking, which Kavanaugh denied.

Napolitano said Monday that Kavanaugh has "locked in" his version of the events surrounding Ford's accusations.

"It's not a crime to be drunk when you're a kid," he said. "It's not a crime to pass out when you're a kid. But it is highly perilous for a federal judge to state that under oath ... if there's evidence to contradict it."


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