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Judge Andrew Napolitano said on “Special Report” tonight that President Obama might have the law on his side with his Syrian refugee resettlement program, but the politics are decidedly against him.

Judge Napolitano explained that the fear of violent extremists entering the U.S. among 10,000 Syrian refugees is pervasive throughout the country.

"I just don't see how the president can do this," Judge Napolitano said. "Even if the Senate fails to pass the legislation that the House passed, he has absolutely no public opinion behind him, and he and Mrs. Clinton will suffer tremendously."

He said the government would be "crazy" not to run background checks on any immigrants coming to the U.S., and there is no database with which to do it with respect to the Syrian population.

Watch more of his remarks - and the entire panel discussion - above.

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