How the Back Room Deals Will Get Done at the GOP Convention
Can delegates effectively be bought at the GOP convention this summer?
On the first ballot in July, delegates will be bound by party rules to vote for the candidate chosen in their state's primary or caucus results.
But if no candidate gets the majority of votes, 1,237, then further ballots will be held until someone reaches that number.
Under current party rules, delegates can then switch and vote for whichever candidate they want.
The Federal Election Commission is not involved in overseeing the selection of a nominee by either party.
Shepard Smith asked Judge Andrew Napolitano whether, under these circumstances, "a little bribery" would be allowed.
"Yes," said Napolitano, explaining that this might look like an election and feel like an election, but "it's not an election."
Napolitano said voters are not putting a person into a position of power, but choosing which person they want to be selected at the convention, which is a "private gathering" that has its own set of rules.
He said it's not a criminal bribe if government power is not being exercised. In this case, it could be a gift or a meal at the convention or a "promise of some kind" in exchange for a delegate's support.
"All those types of promises are not only lawful, they are standard operating procedure in the second round if there is one," he said.
"That's how the deals are getting done and even though we will be there, and cameras will be all over the place, we probably won't know about this stuff."
Watch the judge's full analysis above.