Judge Nap on Seriousness of Cohen Case: Trump, Giuliani 'Mock the Gov't at Their Peril'
President Trump is at risk of being indicted for campaign finance violations, according to Fox News senior judicial analyst Judge Andrew Napolitano.
On "America's Newsroom" Monday, Napolitano referred to a sentencing memo filed by federal prosecutors Friday for Michael Cohen, President Trump’s former personal attorney. It says that Cohen made hush-money payments to women who allegedly had affairs with Trump, and those payments were made “in coordination with and at the direction of” a candidate for federal office – Donald Trump.
"This is the Southern District of New York. This is the oldest and most prestigious federal prosecutor's office in the country," Napolitano said. "They would not make an allegation like that if they did not have corroborating evidence to support it. And they cannot make an allegation like that unless they're going to do something with it."
Host Bill Hemmer noted that Trump attorney Rudy Giuliani tweeted his reaction to the Cohen memo, arguing that Trump is not implicated in campaign finance violations because the payments were not campaign contributions or expenditures.
No collusion, no obstruction now campaign finance but payments to settle lawsuits are not clearly a proper campaign contribution or expenditure. No responsible lawyer would charge a debatable campaign finance violation as a crime...well maybe those suffering from TDD.
— Rudy Giuliani (@RudyGiuliani) December 9, 2018
Napolitano said it's strange to see Giuliani criticizing the prosecutor's office that he ran from 1983 to 1989.
He said the fact is that prosecutors convinced a federal judge that payments to adult film star Stormy Daniels and Playboy model Karen McDougal were campaign contributions or expenditures, both of which are crimes.
"I think Rudy should understand that. I believe Rudy and the president mock the government at their peril. That's how serious these allegations are," Napolitano said.
As for questions about whether a sitting president can be indicted, Napolitano said his view is that Trump can be indicted but not prosecuted until he's out of office.
Hemmer noted that former federal prosecutor Andrew McCarthy wrote an op-ed on FoxNews.com arguing that Trump is very likely to be indicted.
"I fully agreed with what Andy McCarthy said. He is on their radar screen for paying someone to commit a crime, which in itself is three crimes. It's the crime, it's conspiracy to commit the crime, and it's procuring someone to commit a crime," Napolitano said. "So he's actually -- if all this is correct and if they have the evidence for it -- exposed to more criminal activity than Cohen."
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