Judge Andrew Napolitano tonight discussed the Benghazi House select committee with Megyn Kelly.

Democrats have been saying they may not take part in the select committee. Napolitano said that they cannot be forced to participate, but if they choose not to serve, they’ll only undermine themselves.

“They basically will be waiving the right to challenge that evidence, and they’ll be undermining their own credibility,” he said.

Napolitano explained that select committees can’t prosecute, charge or indict, but they do have extraordinary subpoena power and can even subpoena President Barack Obama.

The committee could even attempt to gain presidential daily briefs. They could go to a judge, and a judge could order that pieces of the brief be released.

“That would make some headlines,” Kelly said.

“And it might get us to the truth, once and for all,” Napolitano said.

Watch his full analysis above.

Check out more on the latest about Benghazi:

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Cruz: Dems Stonewalling Benghazi Investigation

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