Judge Nap: 'If Judge Moore Is Elected, the Senate Must Seat Him'
Senate Majority Leader Mitch McConnell is pushing for Alabama Senate candidate Roy Moore to drop out of the race, suggesting a write-in candidate like Attorney General Jeff Sessions.
Moore has been accused of sexual misconduct, including pursuing relationships with teenage women while he was in his 30s. One accuser said she was 14 years old when Moore initiated sexual contact with her.
Moore has denied the allegations and remained defiant, saying he will not quit the race.
Dear Mitch McConnell,
Bring. It. On.
— Judge Roy Moore (@MooreSenate) November 16, 2017
On "Fox & Friends," Judge Andrew Napolitano noted that Sessions - who held the Alabama seat for 20 years before vacating it to join President Donald Trump's cabinet - has said he has "no interest" in returning to the Senate.
"I don't see any way out of this," Napolitano said. "If Judge Moore is elected, the Senate must seat him, because the Supreme Court has said you can't add a qualification to a member of Congress that you be a good person or that you have never misbehaved."
He said the only qualifications for members of Congress are that they are at least 30 years old, from the state they're representing and lawfully elected.
"If he's seated, they can't expel him, because they can only expel people from Congress for what they've done while in Congress," Napolitano explained. "If he is elected, in my view, they'll be stuck with him."
As for voters possibly electing a write-in candidate, Napolitano said they must write the correct legal first and last name.
"Then those votes will count, as long as that person is somebody that lives in Alabama," Napolitano said. "So if they were to do it with Jeff Sessions, his name's not 'Jeff,' it's 'Jefferson.' You're going to need 55,000 people to write in 'Jefferson Sessions' and spell it correctly."
Watch more above.