President Trump may be the only one who truly knows if he has “tapes” of his conversations with former FBI Director James Comey – but if he does, it’s more of a congressional problem than a legal one.
The president raised the possibility of secret tapes in a tweet Friday. Amid a slew of media leaks about Comey’s controversial firing, Trump warned that Comey “better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press!”
James Comey better hope that there are no "tapes" of our conversations before he starts leaking to the press!
— Donald J. Trump (@realDonaldTrump) May 12, 2017
But if Trump did in fact surreptitiously record his talks with Comey, the act wouldn’t violate Washington, D.C., law or federal law. Both permit “one-party consent” recording, that is, recordings made when only one party to the conversation okays it – which in this hypothetical case would be Trump.
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