Supreme Court nominee Brett Kavanaugh has privately informed senators that he believes the appointment of a special counsel by the Justice Department is appropriate, CNN reported.

But, according to sources familiar with the matter who spoke to CNN, he has held onto his questioning of whether a sitting President can be indicted and has indicated that it’s up to Congress to impeach a president. Kavanaugh reportedly has been careful to not weigh in on the constitutionality of special counsel Robert Mueller’s probe nor share his views on a presidential subpoena.

After conversations with the nominee, Sen. Jeff Flake (R-AZ) told CNN that he is not concerned that Kavanaugh is doubtful about the legality of Mueller’s probe.

Read CNN’s full report here.