Re:Technical report on DNC hack [pdf]
by smitherfield on Thursday December 29, 2016 @06:52PM
(#13281308)
He (and Billy Bush) had a reasonable expectation that he was not being recorded by whichever person was doing the recording.
In any case, it's only a question of how many laws were broken in the process of its being obtained by media outlets, not whether the law was broken.
Since Trump was mic'd up on the bus (they were going to film a segment), I think there is a case to be made that he couldn't realistically make the case he didn't know he was being recorded or could be recorded. I think it'd be a hard sell that this was an illegally recorded conversation.