Based on what act does the crime occur?

Asked by Fox's Shepard Smith if Trump had any "wiggle room" when it came to listening to a foreign entity offering information on a political opponent, Napolitano said no.“There’s no wiggle room with respect to dirt, with respect to opposition research because the Federal Election Commission has already decided in other cases that that is a thing of value," he said, adding that it "comes from a statute which prohibits receipt of money or a thing of value from a foreign national. Whether the person is working for a foreign government or not.”

Confusing?  Nepolitano claims Trump should report any dirt to the FBI. Why?

Federal Law:

Federal law prohibits concealing information about specific crimes. Under 18 United States Code, Section 4, you may be obligated to report a crime if you are directly asked during a criminal investigation whenever:

• You have knowledge of the commission of a felony;

• The felony actually occurred; and

• The felony is a federal offense;

If you willfully conceal the commission of a felony federal offense, you can be charged with “misprision of a felony.” 

Well, if the foreign supplied dirt was evidence of a crime, the president has to report it, maybe.  But most dirt is not criminal, Trump has no reason to report, FBI has no reason to be aware of close conversations if no crime was evidenced.

Here is some unconstitutional horse manure:

The head of the Federal Election Commission released a statement on Thursday evening reiterating, emphatically, that foreign assistance is illegal in U.S. elections. 
 “Let me make something 100% clear to the American public and anyone running for public office: It is illegal for any person to solicit, accept, or receive anything of value from a foreign national in connection with a U.S. election,“ wrote Ellen Weintraub, chairwoman of the FEC. “This is not a novel concept.“

Any citizen can accept any conversation he wishes without arrest or indictment, this is part of freedom of speech and assembly. 

 The only restriction is that information about a crime must be reported:

In most states failure to report isn't illegal, but a small minority of states have enacted laws punishing individuals who fail to report certain types of crimes to the authorities. Under Texas law, for example, you can be charged with a Class A misdemeanor for failing to report an offense that resulted in serious bodily injury or death. In Ohio, on the other hand, it's illegal to knowingly fail to report a felony

How does the election commission figure this out? 

They have some responsibility to insure fair elections, and that overlaps somewhat with individual rights, as we should have figured out in Citizen's United.  But receiving such information can never be a crime, it often comes in ad hoc conversations in which the receiver is not the intended target.  This is not enforceable, it is unconstitutional.

Using secret foreign information for elections might be a crime under the election commission.  Receiving it is not.

But the general rule is the Nepolitano is basically a lousy lawyer, a made for TV fake. Never listen to his unresearched opinions, he will say what gets him a TV interview.

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