Judge Andrew Napolitano said on "Fox & Friends" Thursday that the FBI should have interviewed Supreme Court nominee Brett Kavanaugh and his accuser, Dr. Christine Blasey Ford, over the past week. 

The FBI's supplemental background check into Ford's sexual assault allegation against Kavanaugh is complete and the report was delivered Thursday morning to the Senate Judiciary Committee. 

A source familiar with the supplemental report told Fox News it shows no evidence corroborating the allegations of sexual assault or misconduct against the nominee.


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The Fox News senior judicial analyst said opponents of Kavanaugh now have more "ammunition" and will argue that the FBI investigation was politicized and hindered.

"[They will argue] 'why weren't they just allowed to interview whoever they wanted, including the two principles?' ... Those allegations are gonna stick," Napolitano said.

The documents related to the FBI's interviews should be made public, Napolitano said, predicting information will leak anyway if it benefits a particular political side. 



Later on the show, Fox News contributor and constitutional law professor Jonathan Turley expressed the opposite view, arguing that 302 forms are raw data, not conclusions about an investigation.

"There is a reason they're not made public. You could destroy someone's reputation on a single 302 by someone who may not be credible," said Turley. 

Senate Judiciary Committee Chairman Charles Grassley (R-Iowa), after viewing the FBI report, said it contains nothing new and that "it's time to vote" on Kavanaugh's confirmation. 

The committee's ranking Democrat Sen. Dianne Feinstein accused the White House of "tying the FBI's hands" by not requesting Ford and Kavanaugh be interviewed.

Watch the clips above and hear more from Judge Napolitano, tonight at 6:00pm ET on the "Special Report" panel. 


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