Charles Krauthammer told Tucker Carlson Thursday night on Fox that even if President Trump’s executive order on immigration is brought to the Supreme Court, it won’t be a “slam dunk” until after Judge Neil Gorsuch is confirmed.

WATCH:

“If we had a full court, if we had Scalia or the new justice, he would win,” he told The Daily Caller founder. “But we won’t know where it goes.”

“As you remember Tucker, if the high court splits 4-4, then the ruling of the 9th circuit stands and the president loses.”

The conservative pundit also criticized the White House’s defense of the order.

“I was listening in to the oral arguments, the Trump side, the federal government side was exceedingly weak,” he explained. “I think this was a mistake, a tactical error by the administration.”

“They did it before having an Attorney General was in place so they are depending on the career people who aren’t necessarily the top of their class.”

You can watch the entire interview below.

WATCH:

Watch the latest video at video.foxnews.com

Follow Datoc on Twitter and Facebook