FOX News Channel judicial analyst Judge Andrew Napolitano and host Shep Smith talk about the worst-case scenario for President Trump with regard to conspiracy charges related to Michael Cohen paying women for silence.
SHEP SMITH: You say as you always do that collusion isn't a crime. Conspiracy is a crime, but a minute ago you said there is already a conspiracy and it involves the president.
ANDREW NAPOLITANO: That's what Judge Paley said last week when he sentenced Michael Cohen. I don't know that he used the word conspiracy.
SMITH: Just so our viewers understand this is not speculation, this is from the writing of the court.
NAPOLITANO: The trial judge said verbally: the president of the U.S. orchestrated and paid for this crime, referring to the crime for which Michael Cohen was pleading guilty.
SMITH: That is by definition a conspiracy?
NAPOLITANO: Yes, the conspiracy would be the three of them in a room. Michael Cohen, David Pecker, and Donald Trump. Now, the president has denied this. Pecker and Cohen have said it happened this way. The president said either I wasn't there or I don't remember or I didn't hear, but it didn't happen. Rudy Giuliani says it didn't happen.
SMITH: So at some point, a higher authority of some kind would make a determination on such a matter.
NAPOLITANO: Yes, and the president does not want that to be a jury of the Senate or a jury of his peers.
SMITH: Why not?
NAPOLITANO: I don't think he wants to get to that point. That would be doomsday. That would mean there is enough evidence to indict and try or enough evidence to impeach.