Fox News senior judicial analyst Andrew Napolitano revealed his belief that federal prosecutors have ironclad evidence President Donald Trump committed a felony and they intend to use that evidence against the president.
Napolitano’s comments came mere hours after a judge handed Trump’s longtime attorney Michael Cohen a three-year prison sentence.
Mediaite’s Aidan McLaughlin reports:
Napolitano spoke to Fox News anchor Shepard Smith about the Southern District of New York investigation into Trump’s former lawyer Michael Cohen, who was sentenced to three years in prison Wednesday.
“Career prosecutors here in New York City have evidence that the president of the United States committed a felony by ordering and paying Michael Cohen to break the law,” Napolitano said. “How do we know that? They told that to a federal judge. Under the rules, they can’t tell that to a federal judge unless they have that hardcore evidence. Under the rules, they can’t tell that to a federal judge unless they intend to do something with that evidence.”
“Prosecutors have told us, through these filings, that they have evidence that the president committed a felony,” Smith repeated.
“The felony is paying Michael Cohen to commit a felony. It’s pretty basic,” Napolitano replied, explaining: “A hires B to shoot someone. A is as liable as if he had pulled the trigger. You pay someone to commit a crime, they commit the crime, you’re liable, criminally liable for their commission of that crime. That’s what the prosecutors told the federal judge.”
Prominent experts disagree, saying prosecutors are twisting campaign-finance laws.
Attorney Dan Backer, in an op-ed for Fox News, cites President Trump’s August interview with “Fox & Friends,” where the commander-in-chief said the payments “came from me,” not his campaign.
The hush-money payments detailed by the U.S. Attorney’s office, as common sense dictates, do not fall under campaign expenditures.
The U.S. Attorney is betting that by qualifying that the payments were used “for the purpose of influencing an election” they can get a consensus that President Trump violated the Federal Election Campaign Act.
However, they we were to (faithfully) follow that interpretation every candidate over the last 50 years would be in violation.
(Video H/T Fox News)