Judge Napolitano told Stuart Varney that it appears Trump lost his attorney-client privilege by manipulating Karen McDougal into believing The National Enquirer would print her story.
And when TNE buried the story, a fraud was committed.
Varney, a loyal Trump supporter, seemed very depressed by the whole segment.
Varney opened up by asking why an attorney would record his client and Napolitano said lawyers take notes and can tape their clients if the client knows.
Varney asked, "What about client-attorney privilege?"
Notice how concerned all of Trump's surrogates are about a procedure that affects Trump, but not about his devious actions.
The Fox News legal analyst said there is an exception to it.
"It's called the crime-fraud exception. If the attorney and the client are discussing the commission of a crime, not one that has been committed but is one that is going to be committed - there is no privilege."
He continued, "If the attorney and the client by discussing the commission of a fraud, that's what comes in here. not one that has been committed but one that is going to be committed - there is no privilege."
A dejected Varney replied, "No privilege."
Napolitano, "If money went from Donald to Michael Cohen to the National Enquirer to McDougal because she thought she was selling her story the National Enquirer and they were going to publish it and they never had any intention of publishing it? the commercial transaction was done to dupe her and silence her that's a fraud in which the president and Michael Cohen arguably participated in and therefore there is no attorney-client privilege protecting the confidentiality of their communications."
After being told what civil fraud was, Varney said that to him it's just noise to hurt the president. "Sordid gossip mongering designed to bring down the president politically."
Napolitano replied, "It is sordid gossip - but the impact on his political standing could come from whatever is in those 11 remaining tapes. [Trump] speaks very candidly in private, we don't know what's in those tapes."
Then he dropped a bomb on Varney's head.
"If they talked about something that is an interest to Bob Mueller, Mueller will get it."