Fox’s Judge Napolitano: Trump’s An ‘Unindicted Co-Conspirator’ And Mueller Could Indict Him

Fox’s Judge Napolitano: Trump’s An ‘Unindicted Co-Conspirator’ And Mueller Could Indict Him

With the walls closing in around President Donald Trump as multiple investigations into the president’s campaign and businesses are turning up more charges, indictments and convictions, Fox News senior judicial analyst Judge Andrew Napolitano pulled no punches on Monday explaining the dire situation the president finds himself in.

Appearing on Shepard Smith Reporting, the judge began by reiterating his belief that Special Counsel Robert Mueller is going to find a way to speak the president regardless of Trump lawyer Rudy Giuliani declaring that it will only happen over his dead body, stating that a grand jury could subpoena the president.

“The president knows that he needs to lock the president into a version of events before he takes the next step,” Napolitano noted. “Whether it’s indictment or whether it’s a referral –”

Anchor Shepard Smith interrupted, asking Napolitano if he really thought Mueller would indict Trump. The libertarian Fox News analyst pointed out that a federal judge said during Michael Cohen’s sentencing that Trump “orchestrated and paid for this crime,” adding that the judge was talking about one of the crimes that Cohen pleaded guilty to.

“So you’re saying he’s an unindicted co-conspirator?” Smith asked.

Yes,” Napolitano answered. “I’m also saying there’s ample evidence — this doesn’t require too much analysis — to indict the president. The question is, do they want to do it?”

He continued, “The DOJ has three opinions on this. Two say you can’t indict a sitting president, one says you can. All three address the problem of, what do you do when the statute of limitations is about to expire. All three agree in that circumstance to indict in secret. Keep the indictment sealed and release it the day he gets out of office. You can’t let a person go scot-free because they happen to be in the White House.”

After the two men discussed what something like this would do to the country, with Napolitano noting that Bill Clinton was interrogated before a grand jury in the past, Smith asked Napolitano to give his take on what is happening with the Mueller probe. The judge gave delivered the following:

“Bob Mueller’s people have meticulously followed the book by which I mean they speak only in a courtroom and speak only to a judge in writing and the documents they file. No leaks, no lies, no exaggerations come from their camp. So for those that say there’s no evidence of collusion, I say two things. First, the crime is conspiracy. Collusion is a media term. Secondly, we don’t know what Bob Mueller knows. We know there were 87 communications between the campaign and people in Russia during the height of the campaign in 2016. We know that Bob Mueller has had a couple of people explaining those communications to him. Paul Manafort until he stopped and Rick Gates who may still be explaining them to him. General Flynn who explained them to him in such a way that they reduced his recommended jail sentence and jail time down to something the feds never do.”

The segment ended with a pretty remarkable exchange between Smith and Napolitano.

SMITH: So our viewers understand this is not speculation, this is from the writing of the court.

NAPOLITANO: The trial judge said verbally the President of the United States orchestrated and paid for this crime.

SMITH: And this is a conspiracy?

NAPOLITANO: The conspiracy would be the three of them in the room. Michael Cohen, David Pecker and Donald Trump. The president has denied this. Pecker and Cohen said it happened this week. The president said I was there or I didn’t hear. Rudy Giuliani said it didn’t happen.”

SMITH: So at some point, a higher authority would make a determination on such a matter?

NAPOLITANO: Yes. The president does not want that to be a jury of the Senate or a jury of his peers.

SMITH: Why not?

NAPOLITANO: I don’t think he wants to get to that point. That would be doomsday.

SMITH: Doomsday?

NAPOLITANO: Yeah. That would mean there’s enough evidence to indict and try or impeach.

And thus ended your daily Fox News Moment of Truth presented by Shepard Smith and featuring Judge Andrew Napolitano.

Watch the clip above, via Fox News.

Justin Baragona

Justin Baragona is the founder/publisher of Contemptor and a contributor to The Daily Beast. He was previously the Cable News Correspondent for Mediaite and prior to starting Contemptor, he worked on the editorial staff of PoliticusUSA. During that time, he had his work quoted by USA Today and BBC News, among others. Justin began his published career as a political writer for 411Mania. He resides in St. Louis, MO with his wife and pets.