Trump’s former lawyer, Michael Cohen, secretly recorded a conversation with the president in September 2016, in which the pair appear to discuss a payment to former Playboy model Karen McDougal. The former model said she had an affair with the now-president in 2006 around the time his son Barron was born. The tape, which was released by Cohen’s legal team, was one of 12 seized by the FBI when Cohen’s office and home were raided earlier this year.
″There doesn’t appear to be any indication of any crime but I think that’s the wrong analysis,” Napolitano said Wednesday. “There is an indication of a fraud.”
The former judge went on to describe how attorney-client privilege no longer applies if the discussion is about the commission of a crime or a fraud.
“The tape can be used by anybody who can get their hands on it for any purpose, which would include McDougal if she’s suing the president, or Bob Mueller if he’s investigating the president,” Napolitano added.
Trump responded to the tape’s release in a tweet Wednesday morning, suggesting the audio was “abruptly cut” when he was “presumably saying positive things.”
Check out Napolitano’s full analysis in the video above.