Fox Nation's Judge Andrew Napolitano joined Stuart Varney on Wednesday's "My Take" to examine the potential legal ramifications of Sen. Elizabeth Warren's Native American heritage claim.

The Washington Post reported Tuesday that Warren (D-Mass.) indicated that her race was "American Indian" in a handwritten registration form filed in 1986 with the Texas State Bar.

Last week, Warren apologized to the Cherokee Nation for taking a DNA test in an attempt to prove her ancestry claims, and on Tuesday, she again more broadly apologized for identifying as Native American "for almost two decades," according to The Post.

Speaking to reporters on Capitol Hill Wednesday, Warren apologized for any "harm caused" by the resurfacing of the form.


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She reiterated that she is not a tribal citizen, and would not directly answer why she marked herself as such on the form.

"Nothing about my background ever had anything to do with any job I got in any place," she said.

Napolitano said that Warren's note of ethnicity on the '86 registration form is "irrelevant" and said that no one could present a charge of fraud against her.

"The suit would be frivolous. ... [Warren] should be lambasted politically for claiming to be something that she's not," he said. "That is a perfectly legitimate political charge against her."

Napolitano added that Warren's claims could be a challenge to her honesty, and one reason why she shouldn't get the 2020 Democratic nomination for president.

"But there is no legal basis to go after her," he said. "And it was 30 years ago!"

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