The President of the United States could be forced to testify before the House Select Committee investigating the Benghazi scandal according to a retired judge Andrew Napolitano.

The Fox News senior judicial analyst told host Megyn Kelly Monday that the Democrats who are threatening to boycott the investigation can’t be forced to participate, but Obama could be served a subpoena.

Napolitano surprised Kelly when he said a judge may ultimately have the power to force the administration to turn over some of its daily intelligence briefings to get to the truth. He also offered hope that the American people could finally find out where the president actually was during the attack.

“If he resists,” the judge said, “then we have a constitutional crisis, and we have a third branch of government.”

Bet the Fla. school that banned boy from reading Bible during free time is sorry now!

The judge reminded listeners that during the Watergate hearings, Chief Judge John Sirica upheld the committee’s right to see documents Richard Nixon refused to hand over, and he was upheld by the Supreme Court.

Judge Napolitano told Kelly if the Democrats chose not to participate in the investigation, they would be waiving their right to examine evidence unearthed and undermining their own credibility.