Fox News senior judicial analyst Andrew Napolitano argued that Dr. Christine Blasey Ford, the woman who says Supreme Court nominee Brett Kavanaugh held her down, covered her mouth with his hand, and attempted to take off her clothing when they were both in high school, should be subpoenaed and forced to testify to the Senate Judiciary Committee about her account. Fox & Friends co-host Brian Kilmeade suggested also subpoenaing notes from Ford's therapist. And later in the program, fellow co-host Ainsley Earhardt said it would be “great” if the committee did subpoena Ford because “That's very dangerous to accuse someone of that and then not follow through with it.”
Sen. Chuck Grassley (R-IA), chairman of the Judiciary Committee, has already refused to ask for an FBI background investigation into Ford's account and to ask for testimony from the man Ford says witnessed the assault, Mark Judge.
From the September 20 edition of Fox News' Fox & Friends:
ANDREW NAPOLITANO (FOX NEWS SENIOR JUDICIAL ANALYST): Here's the dilemma faced by Judge [Brett] Kavanaugh: There's a basic rule of thumb -- and this makes sense whether you're a lawyer or a judge or in a schoolyard -- you don't deny something until you've been accused of it, until you can get your hands around the accusation. Right now we're dealing with an accusation which is hearsay. Dr. [Christine Blasey] Ford spoke to a reporter for The Washington Post. The Washington Post printed what, in her view, is an accurate version of what Dr. Ford told her. Should Judge Kavanaugh be responding to an allegation recounted in a newspaper? Or should he be responding to the person who actually says he attempted to harm her? In the real world, it would only happen with the latter. In the real world, if she didn't show up, if she didn't articulate her allegations against him, there'd be no obligation on his part to respond.
Now, he's dying to say, “I don't know what she's accusing me of. I wasn't there. It didn't happen.” But it is dangerous to deny before -- particularly under oath, before the allegation is made. So, I have a suggestion, if I may, for Senator Grassley and company: Subpoena her.
STEVE DOOCY (CO-HOST): Whoa.
NAPOLITANO: She decided to go to the press, maybe reluctantly. She voluntarily spoke to The Washington Post.
BRIAN KILMEADE (CO-HOST): Provide the therapist notes.
NAPOLITANO: Correct. If they subpoena Dr. Ford, if they subpoena the therapist notes, if they subpoena Dr. Ford's husband who, according to Dr. Ford, was there when this incident was recounted, then they can interrogate them.
AINSLEY EARHARDT (CO-HOST): Wouldn't that be great if [Senate Judiciary Committee Chairman Chuck Grassley] did subpoena her? Because then we could hear from her. She needs to be heard. If this is true, it is a problem. I don't think that he should be confirmed if this is true. If he's capable of that, he should not be confirmed. Most women would agree with that.
But if it's not true, if it's not true this is what 65 women in his past have said he is an upstanding guy, he's a great man. They don't believe that this happened. He's a father, he's a husband, and if someone is going to accuse a man of this, then they need to come forward. She already spoke to the The Washington Post. So, [Fox News senior judicial analyst Judge Andrew Napolitano] said, if she's already talked to the press about it, then she should come forward and speak to these senators so we can get to the bottom of this. That's very dangerous to accuse someone of that and then not follow through with it.