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Fox News’ Judge Napolitano: Trump-Cohen Tapes Indicate Fraud, Not Protected By Attorney-Client Privilege



Senior judicial analyst Judge Napolitano appeared on Fox News this morning to discuss the release of an audio recording between Donald Trump and his attorney Michael Cohen.

Since the release of the audio recording last night on Cuomo Prime Time, there has been a lot of talk about what the tape means for President Trump’s situation. While it is agreed upon by most legal analysts that there is no crime that took place in the discussion between the two men, there is still plenty up for debate.

You may recall that President Trump and the White House have denied that Trump had an affair with former Playboy Playmate Karen McDougal, on multiple occasions.  This tape, however, tells a different story, while also appearing to present evidence that Trump and Cohen were involved in a fraud.

“There is an indication of a fraud,” Napolitano explained. “And the significance of that is if the client and the lawyer discuss the commission of a crime, or discuss the commission of a fraud, there is no attorney-client privilege in that conversation.”

It appears as though Cohen and Trump discussed a civil fraud in that McDougal was led to believe that she was being paid by a media outlet to run her story, while Trump, Cohen and most likely AMI chairman David Pecker had planned never to run the story but rather to bury it.

“The tape can be used by anybody who can get their hands on it for any purposes,” Napolitano stated. “[This would] include McDougal, if she is suing the President, [and] which would include Bob Mueller if he’s investigating the President.”

Napolitano’s commentary in its entirety can be watched below.