Napolitano went further by stating that the report appeared to be an attempt to undermine Justice Kavanaugh and the Supreme Court as a whole.
Supreme Court Associate Justice Brett Kavanaugh could have a libel case to bring against The New York Times over a now-revised article that suggested fresh allegations of sexual assault, Judge Andrew Napolitano said Tuesday.
Responding on "Fox & Friends," the Fox News senior judicial analyst acknowledged, however, that Kavanaugh would be highly unlikely to open a Pandora's Box by pursuing such legal action against the Times.
Napolitano explained that the standard to prove libel is "actual malice," meaning Kavanaugh would have to show in court that the paper published information it knew to be false or showed a "reckless disregard for the truth."
"Is leaving out of the article the true statement that the victim does not recall this alleged event 'reckless disregard for the truth?' He may actually have a case there. However, this is not gonna happen," said Napolitano.