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WATCH: Tucker Carlson And Guest Shred Left-Wing Host Shepard Smith, Judge Napolitano

Fox News host Tucker Carlson and lawyer Joe diGenova blasted left-wing Fox News host Shepard Smith and Fox News contributor Judge Andrew Napolitano on Wednesday night over claims that they made the previous day.

The controversy started when Napolitano and Smith claimed on Tuesday that what President Donald Trump had admitted to in relation to his phone call with Ukraine was “a crime.”

DiGenova responded on Tuesday night by refuting Napolitano’s claims and saying that Napolitano was “a fool” and that what he said “was foolish.”

Smith responded to the criticisms during his program on Wednesday, saying: “A partisan guest who supports President Trump was asked about Judge Napolitano’s legal assessment. And when he was asked, he said, unchallenged, Judge Napolitano is a fool. Attacking our colleague, who is here to offer legal assessments on our air, in our work home is repugnant.”

Carlson and diGenova responded to Smith’s comments during Carlson’s Wednesday night broadcast.


Transcript provided via Fox News:

CARLSON: So this Ukraine story seemed to come out of nowhere, and there’s certainly no consensus on what major parts of it mean. For example, legal experts appear to be split even tonight about whether the President’s phone call with the Ukrainian President was illegal. So we wanted to get to the bottom of that, obviously.

So last night, we asked Joe DiGenova on the show. He is a former U.S. Attorney and we put that question to him. He said, no, there’s no evidence it is illegal at all.

Well, that statement, and some accompanying statements caused quite a firestorm, and so we’ve asked Joe DiGenova to come back tonight for an update.

Joe, thanks so much for coming on tonight. So I want for our viewers who are not familiar with what exactly happened to know. So here’s a quick update. So yesterday, Judge Andrew Napolitano, who is a legal analyst at Fox and a very nice guy, I will say, I’ve always liked him, went on one of our daytime shows, and declared that the President’s phone call with the head of Ukraine was a crime. Here’s what he said.


ANDREW NAPOLITANO, LEGAL ANALYST: It is a crime for the President to solicit aid for his campaign from a foreign government.

SHEPARD SMITH, CHANNEL HOST: So that would be with what — that to which the President has admitted is in and of itself a crime.



CARLSON: So that definitely got our attention. Of course, it’s crime. And so I asked you because you prosecuted a lot of crimes. And for our viewers who didn’t see it, here’s what you said.


JOE DIGENOVA, FORMER U.S. ATTORNEY: Well, I think Judge Napolitano is a fool, and I think what he said today is foolish. No, it is not a crime.

Let me underscore emphatically that nothing that the President said on that call, or what we think he said on that call constitutes a crime. And even if he had said, you’re not going to get the money, it would not be a crime.


CARLSON: Well, apparently, our daytime host, who hosted Judge Napolitano was watching last night and was outraged by what you said and quite ironically, called you partisan. Here is what he said.


SMITH: A partisan guest who supports President Trump was asked about Judge Napolitano’s legal assessment. And when he was asked, he said, unchallenged, Judge Napolitano is a fool. Attacking our colleague, who is here to offer legal assessments on our air, in our work home is repugnant.


CARLSON: Repugnant. Not clear if that was you or me, but someone is repugnant. And here’s what finally — last soundbite — here is how Judge Napolitano responded.


NAPOLITANO: A lot of legal authority and I join it on the other side, and the other side basically says anything that helps to the campaign, whether it’s cash or e-mails or smearing your opponent is a thing of value —

SMITH: And therefore, requesting it is a crime.



CARLSON: Now, unlike maybe someday-side host, I’m not very partisan, and it was a sincere question. Is it a crime or not? So given everything that’s happened in the last 24 hours, I just want to throw it to you again. Was it a crime or not?

DIGENOVA: Absolutely not. Now, let me sort of educate Judge Napolitano. The President of the United States is the Executive Branch under Article 2. He is the chief law enforcement officer of the United States. He can ask anyone, a citizen, a foreign leader a question; he can make a suggestion about an investigation because he runs them.

And by the way, in the latest set to with the whistleblower, the Office of Legal Counsel has said that requesting information from a foreign government is not a thing of value. It is not a foreign contribution.

I really — I must say this, I’ve been a U.S. Attorney, an Independent Counsel, an Investigative Counsel on Capitol Hill in the House and the Senate. Judge Napolitano has never been a U.S. Attorney. He has never been a Federal prosecutor. He has never conducted a Federal grand jury. I have done all of those things.

If he wants to have an opinion, that’s fine. I am not a paid Fox contributor. I am a guest the Fox Network. I come on when they ask me. So — and I am told, please, whatever you do, tell the truth. Don’t make things up. Don’t cover.

So what I say I believe, of course, as a matter of law, I know what I’m talking about in the law. I try to be truthful. I was very truthful last night.

CARLSON: Well, so that’s kind of the crux of it for me. I mean, I’m not a lawyer at all, I mean, I am as far from scholarly as you.

DIGENOVA: Lucky you.

CARLSON: And for me — and that’s why — well, that’s why I solicited your opinion. But I also know that some things are subjective and people of goodwill have differing views.


CARLSON: And so that’s why it doesn’t seem honest to me when a host, any host on any channel, including this one, pretends that the answer is obvious. There is an ironclad consensus about what the answer is, when there in fact, isn’t. When it’s a subjective question, that’s not news, is it? That’s opinion.

DIGENOVA: No, no, it isn’t at all. And you were asking me my legal opinion. And I gave it.


DIGENOVA: Judge Napolitano gave his legal opinion and he is entitled to it. But I can tell you, I can tell you as a former United States Attorney, I’m right.

CARLSON: It’s so interesting. Why do we find ourselves in a situation where people aren’t willing to admit that their passions are guiding their news coverage? You know, just say — would it better if like, if we just said out loud, you know, this is what I think just.

And I’ll just say, for example, you’ll never hear me criticize Rachel Maddow. I don’t agree with anything she says. But she is very straightforward. It is her opinion.


CARLSON: Why wouldn’t it be better if we all were that transparent about what’s driving our shows and our coverage?

DIGENOVA: Tucker, I couldn’t agree with you more. And that’s why when I come on Fox, I say what I believe and what I know.


DIGENOVA: I never make things up. I never try to cover up for people. I am — I am blatantly obvious about the fact that I support the President of the United States. I believe he has been framed. I believe he is an innocent man. I will defend him to the death.

And you know, Judge Napolitano just doesn’t like the President of the United States. That’s fine. He is entitled to that.

CARLSON: That’s all right.

DIGENOVA: He is entitled to feel that way. He is a disappointed office seeker. He didn’t get the seat on the Supreme Court that he desperately wanted and he has been mad about it ever since, and he showed it yesterday. And he showed it so many times over the last year. It’s pretty embarrassing actually for me, but you know, I love the guy. God bless him.

CARLSON: Well, I do, too. We invited him on tonight by the way I would say, I agree with you. It makes people cynical when you dress up news coverage, when you dress up rather partisanship as news coverage and pretend that you know you’re angry political opinions are news, you know people tune out.

DIGENOVA: They do.

CARLSON: They know dishonesty when they see it. Joe, great to see you tonight. Thanks so much.

DIGENOVA: Thank you. Good to see you.

CARLSON: Pretty amazing. Well, Democratic lawmakers claim the White House could easily fabricate the transcripts of calls with foreign leaders. Is that true? An expert in the process of presidential phone calls. There is such a person and we know her. She joins us after the break to investigate.

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