Fox News judicial analyst Andrew Napolitano, a former judge, told Fox News on Wednesday that a tape of President Donald Trump talking about paying hush money to a former Playboy model appears to be likely evidence of a crime.
While speaking to Napolitano on Wednesday, Fox News host Bill Hemmer noted that Trump attorney Rudy Giuliani claimed that the tape of Trump talking about paying off Karen McDougal is “no indication of any crime.”
“There doesn’t appear to be any indication of any crime but I think that’s the wrong analysis,” Napolitano said. “There is an indication of a fraud. And the significance of that is, if the client and the lawyer discuss the commission of a crime or discuss the commission of a fraud, there is no attorney-client privilege in that conversation, meaning the tape can be used by anybody.”
According to the former judge, McDougal or special counsel Robert Mueller’s investigation could use the tape against Trump in court.
“What’s the fraud?” Napolitano continued. “The discussion is about paying National Enquirer to pay McDougal $150,000 to buy her story and to lead her to believe that the National Enquirer is going to publish her story. But the real aim here is to bury the story by duping her into selling to them and then not publish it.”