Sounds like he doesn't want to testify, under oath.
Kavanaugh Prep School Pal Mark Judge Doesn’t Want to Testify Publicly
Senate Republicans could compel him to do so but are intent on keeping the hearing to two witnesses: Brett Kavanaugh and his accuser, Christine Blasey Ford.
Andrew Desideri
09.18.18 3:50 PM ET
Mark Judge, the man who is said to have witnessed Supreme Court nominee Brett Kavanaugh’s alleged assault of Christine Blasey Ford more than 30 years ago, said on Tuesday that he would not speak publicly about the allegations.
“I have no memory of this alleged incident. Brett Kavanaugh and I were friends in high school but I do not recall the party described in Dr. Ford’s letter,” Judge told the Senate Judiciary Committee in a statement sent by his lawyer. “... I have no more information to offer the committee and I do not wish to speak publicly regarding the incidents described in Dr. Ford’s letter.”
http://www.thedailybeast.com/gop-balks-at-dem-demand-for-kavanaugh-prep-school-pal-mark-judge-testimony