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President Trump criticizing former attorney over alleged phone conversation recording

Iowa and Minnesota are both one-party consent states.

Posted: Jul 25, 2018 9:58 PM
Updated: Jul 26, 2018 7:27 AM

MASON CITY, Iowa - President Donald Trump is criticizing his former attorney Michael Cohen after CNN aired a recording Cohen reportedly made when he was a candidate.

The two men can be heard talking about making a payment to former Playboy model Karen McDougal who claisms he had an affair with Trump.

"I spoke to Allen about it, when it comes time for the financing, which will be..."What financing?" "We'll have to pay." "Pay with cash.""No, no, no no no no."

The President denies having a relationship with McDougal.

Although parts of the tape are difficult to follow, Cohen told Trump about a plan to buy the rights to the story from American Media, the company that publishes the National Enquirer.

The President took to Twitter Wednesday morning asking in part, "What kind of lawyer would tape a client?"

It's a question that piqued KIMT's interest, so we spoke with attorney Rich Tompkins of Mason City.

He says that phone call statutes vary by state, but it is considered unethical for an attorney to record an in-person or phone conversation, and may even cost their license to practice if they violate that rule.

"They can't record it whether they're in person or on the telephone unless they get specific, and I'm going to say written permission because that's what I would want to have, is written permission, to do so."

Under the one party consent requirement, it is legal in Iowa and Minnesota to record a conversation you are taking part in without the other party's consent, as long as the recording is done without any criminal or malicious intent.

"As long as the one that's doing the recording, the one that is talking on the phone for example, is doing the recording, then that's legal. They don't have to let the other side know."

In Minnesota, it may not constitute an ethics report unless if it breaches the duty of an attorney to their client.

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