FOX News host Shep Smith talks to network legal correspondent Judge Andrew Napolitano about Paul Manafort sharing polling data with a person who is believed to "source for Russian intelligence." Napolitano said, "if this is collusion, "though collusion isn't a crime, this would be collusion."
JUDGE ANDREW NAPOLITANO: This shows that Bob Mueller can demonstrate to a court, without the testimony of Paul Manafort, that the campaign had a connection to Russian intelligence and the connection involved information going from the campaign to the Russians.
The question is, was this in return for a promise of something from the Russians, and did the candidate, now the president, know about it?
SHEP SMITH: And would that be a conspiracy?
NAPOLITANO: Yes. Conspiracy is an agreement to commit a crime. The crime would be to receive something of value from the foreign person or government during a campaign. Whether or not the thing of value arrives, the agreement is what is the crime. There was apparently an agreement between the campaign manager and this Russian oligarch. What the oligarch did with the material we gave him, who the campaign manager, Manafort, spoke to in the campaign, Bob Mueller has yet to reveal...
SHEP SMITH: If this is collusion, though collusion isn't a crime, this would be collusion.
NAPOLITANO: The crime is the conspiracy, the agreement. Collusion is a nonlegal term.
SMITH: Oh, I know, but if there's collusion, giving stuff to the Russians about polling data
NAPOLITANO: That would probably fit into that kind of a category.