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Trump says ‘inconceivable’ that Cohen recorded conversation about ex-Playmate payment (CNN.com)
CNN.com, July 21, 2018
Trump says ‘inconceivable’ that Cohen recorded conversation about ex-Playmate payment
New York is a “one-party” consent state, meaning that as long as one participant in the conversation gives permission to record, it is legal. The ethics committee of the New York City Bar Association issued an opinion in 2003 that a lawyer may tape a conversation without disclosing so “if the lawyer has a reasonable basis for believing that disclosure of the taping would impair pursuit of a generally accepted societal good.” However, the committee discourages lawyers from routinely recording conversations without disclosing they’re recording, calling it “ethically impermissible” because it includes a “sufficient lack of candor” and “element of trickery.”
