"Last week in a federal direct court here in New York City, a federal judge at the end of Michael Cohen‘s sentencing said the president orchestrated and paid for this crime," he said Monday to Smith. "There’s ample evidence to indict the president, the question is do they want to do it."CNN legal analyst Jeffrey Toobin found the two's discussion very refreshing: "The judge is a good guy and a good lawyer and a serious person. And that’s Shep Smith’s show ... That’s like the journalism zone of the Fox network. That’s not prime time. Prime time is crazy night," he said.