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Taping situation, the first thing you want to ask is, is this a one-party state or two-party state. if it's a one-party consent state that means as long as somebody who is in the conversation knows about and agrees to the taping and here that would be the taper, it usually is, then you do not have a crime. the vast majority state ofs are consent states. washington, d.c., where this happened is a one party state. so is new york if you're thinking about the cohen tapes with trump. and if it was a two-party consent state. i don't see a problem there. some people positted some other federal crimes...

That abrupt ending and that other call that comes in. >> that's a high degree of probability that that's the case. >> and i think that matches common sense as well. it seems like they're having a conversation and then something happened to the recording. what it is, we don't know and we can't tell from this. it seems to end on the word check. >> giuliani is arguing that it was doctored, meaning somehow it was edited, somehow he would be alleging that trump's voice, you know, was cleverly tucked in. how would investigators know about the content, the originality of this material? >> so let's pu...

All right. now that we've had a chance to have an audio expert enhance the sound, now you have a better sense i think it's fair to say about who said what. now we get into the why and what it could mean. let's start with michael cohen. he could be in trouble. why? because the taping is illegal? no. not in new york. you've got to check the state where you are. this is a one party consent state, which means the other person doesn't have to know. is it because it's illegal to tape a client? no. unethical, grounds for disbarment? possible but unclear. why? the rules changed in 2001 about what is a...

>> it's totally legal? because it's new york and one party consent state. >> new york is a one party consent. the thing that's interesting is that if cohen did have other clients during the past decade, connecticut is a two party state, pennsylvania is a two party state. anyone that's in one of those two party states, this would be illegal. >> by the way, the only reason this is out is because the president's legal team, they waved their attorney/client privilege on this, which is confounding to a lot of people. >> to be honest, there are hundreds of other tapes, some of those may be privilege...

Shock our viewers but that's what we learned. what we make of the tape itself, the leaking of it, is this within the law, are there ethical and legal implications of this? >> it is likely within the law and that new york is a one party consent state. as long as cohen is a consenting party on the in conversation, he makes it under the wire. the ethics issue is much more serious. i consider this to be flagrantly dishonest dishonest and disloyal act by a lawyer, it's not the first time i have been shocked by michael cohen style of practice. most lawyers would find this deeply unethical. at one ti...