“The View” cohost Joy Behar wants to know why Mitch McConnell is not in jail for refusing to give President Obama’s Supreme Court nominee Merrick Garland a hearing in the Senate in 2016.

McConnell blocked the consideration of Garland after Antonin Scalia’s sudden death. Democrats have said that McConnell “stole” the seat. That idea was reiterated by lawyer Alan Dershowitz on “The View” Tuesday morning.

“He wouldn’t have been my choice,” Dershowitz said of Judge Brett Kavanaugh, President Trump’s nominee. “I’m a liberal Democrat. They stole the first member of the Supreme Court. Absolute theft. Unconstitutional. I’m a little critical of President Obama, for whom I voted. He should have nominated Merrick Garland and should have sworn him in.”

Dershowitz continued, “The Constitution says advise and consent. It doesn’t say delay and postpone.”

“Well then how come Mitch McConnell is not in jail?” Joy Behar interrupted. “That’s what I want to know.”

“You want to put everybody in jail,” Dershowitz responded.

“I want to put him in jail,” Behar said.

Dershowitz had a simple answer, “I’m against putting people in jail unless they’ve actually committed crimes. I know that’s a radical position.”

Dershowitz went on to call Kavanaugh the best pick on Trump’s list while Behar complained that Democrats never play “hard ball.” “Why should we always be the snowflakes?” she lamented.

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