Trump: Lawyer Taping Client Is 'Totally Unheard of & Perhaps Illegal' - NBC Connecticut
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Trump: Lawyer Taping Client Is 'Totally Unheard of & Perhaps Illegal'

Laws on taping private conversations differ from state to state, and it is not clear where Cohen recorded Trump

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    AP, File
    This June 21, 2018, file photo shows President Donald Trump in Washington.

    What to Know

    • It was reported by the New York Times that Michael Cohen secretly recorded a conversation he had with Donald Trump before the election

    • The pair allegedly discussed a potential payment for a former Playboy model's account of having an affair with him

    • Trump responded to the report, tweeting it's "inconceivable" and "totally unheard of & perhaps illegal" that a lawyer would tape a client

    Donald Trump said Saturday he finds it "inconceivable" that a lawyer would tape a client, as the president weighed in after the disclosure that in the weeks before the 2016 election, his then-personal attorney secretly recorded their discussion about a potential payment for a former Playboy model's account of having an affair with Trump.

    The recording was part of a large collection of documents and electronic records seized earlier this year by federal authorities from Michael Cohen, the longtime Trump fixer.

    In a tweet, Trump called such taping "totally unheard of & perhaps illegal." He also asserted, without elaborating, in post: "The good news is that your favorite President did nothing wrong!"

    Cohen had made a practice of recording conversations, unbeknownst to those he was speaking with. Most states, including New York, allow for recordings of conversations with only the consent of one party; other states require all parties to agree to a recording or have mixed laws on the matter. It was not immediately clear where Trump and Cohen were located at the time of the call.

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    Cohen's recording adds to questions about whether Trump tried to quash damaging stories before the election. Trump's campaign had said it knew nothing about any payment to ex-centerfold Karen McDougal.

    Transparency groups and Democrats have argued that the secret efforts to silence Trump accusers, including a payment to adult film actress Stormy Daniels, should be investigated by the Federal Election Commission as potential violations of campaign finance laws, which require disclosure of campaign expenditures. Trump's attorneys have argued that any payments to accusers would have been made regardless of his presidential candidacy, and that no violation occurred.

    The recording could also further entangle the president in a criminal investigation that for months has targeted Cohen.

    The erstwhile Trump loyalist has hired a new attorney, Clinton White House veteran Lanny Davis, and disassociated himself from the president as both remain under investigation. Cohen has not been charged with a crime.

    Current Trump attorney Rudy Giuliani said the payment was never made and the brief recording shows Trump did nothing wrong.

    "The transaction that Michael is talking about on the tape never took place, but what's important is: If it did take place, the president said it has to be done correctly and it has to be done by check" to keep a proper record of it, Giuliani said.

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    Davis said "any attempt at spin cannot change what is on the tape."

    "When the recording is heard, it will not hurt Mr. Cohen," Davis said in a statement.

    The recording was first reported Friday by The New York Times.

    The FBI raided Cohen's office, home and hotel room in April, searching in part for information about payments to McDougal and porn actress Stormy Daniels, who received a $130,000 payment from Cohen before the election to keep quiet about a sexual relationship she says she had with Trump. The FBI investigation is separate from special counsel Robert Mueller's probe of election interference in 2016 and potential obstruction of justice by those in the president's orbit.

    Referring to that raid, Trump called it "inconceivable that the government would break into a lawyer's office (early in the morning) — almost unheard of. Even more inconceivable that a lawyer would tape a client." In past comments Trump has also referred to the court-ordered seizure as a "break-in," though Cohen has been more sanguine, saying the FBI agents were courteous and respectful.

    A self-described fixer for Trump for more than a decade, Cohen said last year he would "take a bullet" for Trump. But he told ABC News in an interview broadcast this month that he now puts "family and country first" and won't let anyone paint him as "a villain of this story." On Twitter, he scrubbed mentions and photos of Trump from a profile that previously identified him as "Personal attorney to President Donald J. Trump."

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    Associated Press writers Eric Tucker, Jennifer Peltz, Jake Pearson and Michael Balsamo contributed to this report.