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For donald sterling, you can't kick me out of this league based on the fruit of the poisonous tree, nice phrase that lawyers love. this tape was illegally made. you can't use it. you support that statement for me. why? >> well, that's one of the arguments that he's raising and he's saying ultimately that this is all stemming from this illegal tape recording because in california it's a two-party consent state that meaning both parties need to consent to something being recorded and he didn't. and what he's going to do is he's going to marry this to the substantive due process argument saying t...

Are using nonprofit groups and c 3 groups to coverup where the funding is coming from. is that illegal? i know the senate has been investigating that very issue. so there is serious issues about the coverup of the funding and about how many movies in hollywood are funded by these middle east earn groups. >> i know there was information today about a senate committee, you tweeted a senate committee reached out to you over possible nonprofit participation or coverup in this video. is that true? have you been reached out to by lawmakers? >> i have. i'm not allowed to give too much information at ...

With that and what's worse, they are using nonprofit groups and c 3 groups to coverup where the funding is coming from. is that illegal? i know the senate has been investigating that very issue. so there is serious issues about the coverup of the funding and about how many movies in hollywood are funded by these middle east earn groups. >> i know there was information today about a senate committee, you tweeted a senate committee reached out to you over possible nonprofit participation or coverup in this video. is that true? have you been reached out to by lawmakers? >> i have. i'm not allowed...

Different. when campaigns start, you take a look at opposition research. you want to find out everything and anything you can on your opponent and you want to use that stuff against them. most all the time, it's political, it's a vote they've made, a position they've taken, but something like mental health as we're talking about the gun debate and the importance and seriousness of mental health, that's nothing to be used as a political pinata, nothing to attack your opponent on. i think it's pretty nasty and quite frankly reprehensible for a campaign to do so. >> karen, the mcconnell campaign ...

And the tapes thrown out of court. but in 38 states, it's legal to secretly record in a public place while federal wiretapping laws protect the privacy of your cell phone conversation and your computer. still, sometimes judges allow it anyway. >> he's been working late, so -- >> that's leah wagner's voice. she lost custody of all five children to a spouse who hid seven tape recorders picking up fights -- >> i put on some colorful little tantrums in response to his provoking me. i had no idea i was being set up. >> reporter: set-ups that whether they work or not, damage already frayed feelings ...