Jared Kushner, President Donald Trump's son-in-law and a top White House adviser, is reportedly under FBI scrutiny as part of a probe into possible collusion between the Trump campaign and Russia.

Kushner is reportedly being investigated for a meeting with a Russian official in which the pair allegedly sought to establish a back-channel communications apparatus to discuss military policy in Syria.

Judge Andrew Napolitano said on "Fox & Friends" today that it's ridiculous that the mainstream media is playing this up as a "crisis."

He said the question is if it was a crime for Kushner to speak to Russian Ambassador Sergey Kislyak as a representative of then-President-elect Trump, and the answer is no.

He explained that it's common for representatives of an incoming administration to "get their feet wet" with foreign officials during the transition process.

"The only thing that could be criminal would be if Jared Kushner held himself out as representing the government of the United States of America. Extremely unlikely," Judge Napolitano said. "That is a potential crime, if he held himself out and if the Russians took action in response to what he said."

He said the other potential problem would be if Kushner did not disclose meetings with Russian officials during the FBI's background check.

"If he did not tell them about Ambassador Kislyak, well, then he would have a problem there," Judge Napolitano said.

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