Rudy Giuliani said he wants Special Counsel Robert Mueller to produce evidence that President Trump has committed a crime before they agree on the president being interviewed.

Giuliani, the top lawyer on Trump's legal team, told Fox News on Saturday he is asking Mueller for a “factual basis for the investigation” before the team considers allowing Trump to be interviewed by Mueller’s team.

Former federal prosecutor and Fox News contributor Andy McCarthy said Giuliani is implementing a smart strategy because the Mueller probe has always been about public opinion, and a new Washington Post-Schar School poll shows Americans are increasingly disapproving of the way Mueller has handled the Russia probe.

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"The president is never going to be indicted, so this has always been about impeachment from the beginning," McCarthy explained. "And impeachment is a political process, not a legal one."

He said Giuliani is taking public positions -- such as setting conditions for a possible Trump-Mueller interview -- because he realizes that this case is playing out in the court of public opinion.

"The fact that the polls are moving away from Mueller is telling," McCarthy said. "If this were a legal proceeding, I think he'd be much more careful about some of the claims that are being made because they could come back to bite. But in a public proceeding where what they're really interested in is shifting public opinion, I think that's where it's at."

As for Giuliani's request that Mueller present evidence of Trump committing a crime before an interview, McCarthy said he's "quite right to go there."

"What he is saying is you don't get to talk to the president because it would be interesting. You have to have a reason to talk to him as a prosecutor, and the reason is: Is there a serious crime?"

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