Judge Andrew Napolitano reacted Wednesday to media coverage of his and Rep. Trey Gowdy's (R-S.C.) remarks on "The Story" the previous night, about allegations of a federal spy in the Trump campaign.

Martha MacCallum said that many anchors on the competing networks praised Gowdy for disagreeing with President Trump's assertion that the alleged placement of an informant in his campaign is a scandal.

MSNBC's "Morning Joe" co-host Willie Geist expressed surprise at Napolitano's initial analysis that Trump's "spygate" claim is "baseless."

On Wednesday, Napolitano said he was analyzing the situation with the assumption that Gowdy was speaking truthfully on the matter and not being misled by FBI Director Chris Wray.


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"Yes the FBI used an informant. No the FBI did not have a 'spy'," Napolitano said.

"A spy is the 'other guy's' informant," he said. "The government does this all the time."

Napolitano said that key Trump attorney and former New York mayor Rudy Giuliani (R) used such "informant" strategies when he served as U.S. attorney in New York State.

He added that if the alleged informant endeavor was carried out "in a public place," Fourth Amendment protection of the person at the center of the investigation "does not pertain."

However, Napolitano said the FBI made a "judgment call" not to tell then-candidate Donald Trump about the apparent "informant."

He said that meant "either [the informant's] presence was illicit" or the feds were worried that word would spread of the informant's existence.

Napolitano said he disagreed with the government's decision not to inform Trump: "If I was the candidate, I would want to know."


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