Judge Andrew Napolitano said Tuesday that if the Republican convention should be contested it would be "standard operating procedure" for delegates to be courted with promises for votes.
"It turns out a little bribery may even be perfectly legal?" Fox News host Shepard Smith asked.
Napolitano answered in the affirmative.
"Even though this looks like an election and feels like an election, you're using the same voting booth that you'd use for a real November election — it's not an election," the judge said.
"It's not a governmental act," he added. "It's not putting anyone into governmental power. It's just choosing human beings who will go to a private gathering ... and those human beings under their own unique rules will decide who they want to nominate for president."
Napolitano said that "the laws that regulate elections" don't apply to the convention.
"A lot more freewheeling behavior can go on," he said. "So the word bribe is one nobody wants to talk about. ... But if the government is not involved, can you give somebody a gift? Like you said, walking around money. A ride to the polls. Dinner at the convention. A party at the convention. A promise of, 'Yeah, we know you need this in Wisconsin and we'll look very favorably upon it.'"
"All those types of promises are not only lawful, they are standard operating procedure, in the second round, if there is one," he added.
Napolitano concluded contending that "even though we will be there and cameras will be all over the place, if there is a second ballot, we probably won't know about this stuff. Won't know about this stuff."
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