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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 cowans style of practice. most lawyers would find this deeply unethical. at one t...

You asked a number of questions there. will his base believe this? the "access hollywood" tape happened, he still became president. air force one, no, you'll have to ask my attorney, i didn't know about it. weeks later he admitted he knew about it. will it make a difference with the people who support him, who have believed him, or the people he's lied to, which is the american people? or what does that mean for him legally? you said you don't think we should focus on the legal part, but if you'll just indulge me for a moment here, it's not illegal to tape someone. >> in new york, it is a one-...

Donald trump, and i know a lot of them is that they will tell you this, he is fiercely loyal to his people. he does not pretend to be a saint, but he is ferociously loyal to his people. it is really ridiculous that this guy was giving them legal advice and then recording them and releasing the tapes. he better be damn sure that donald trump was in new york, because if he was in florida or mar-a-lago, florida is a 2-party consent state. >> sean: does that matter? >> it matters to who you are recording, yes, if donald trump was in florida and cohen was in new york, you cannot record without his ...

That's the big question knnow. >> and the president had tweeted it may possibly be illegal for cohen to make these recordings. not really in new york, right? >> not really. we don't know what their strategy is, exactly, about why they want to have these tapes released to see the light of day. so it's unclear what the strategy is there. and that's really the big question. again, is this just another thing for the feud that continues to go public. >> and if cohen made the reporting here in new york, it's a one-party consent state, so he wouldn't be breaking the law. today, the first potential ...

Affidavits to fully disclose your concerns that it may not be as crystal clean as another source of information might be. it is true that the dossier is in there, it is not fully exposed to the level that a lot of people would like to have seen it. it is complicated by the fact that there is some possibility of circular reporting where christopher goes to the media and takes the media report as corroborative evidence. >> dana: we will keep following that. in the meantime, the president found out that michael cohen, his former lawyer, had taped conversations with him. the president is obviously...