I'll bet Trump says recordings can't be evidence.

[Kablooie]

He will say they were recorded secretly, and he didn’t know about them, so they cant be used as evidence.

Cohen would have to prove that Trump knew that he was recording him.

[The Velveteen Ocelot]

1. Nope. NY is a single-party consent state.

That means a conversation can be recorded if just one party to the conversation knows it's being recorded - so it was perfectly legal. Some states require the consent of all parties, and if the recording had been made in one of those states he could make that argument, but NY isn't one of those states.

[Yonnie3]

2. The laws on recording vary greatly.

45 will say whatever he wants to. I doubt that Cohen will have to prove that 45 knew. The bigger question is whether or not this is privileged communication.

There are states where only one party needs to know and I believe the federal law says the same.

Here is a site that discusses this, I'm sure there are many more.

https://lifehacker.com/what-you-need-to-know-when-recording-your-enemies-1795226719


I note that DC and New York do not require two party consent.

[Historic NY]

3. Not in NY only one of the two parties to the conversation has to know...

and we know Cohen always records his conversation, I'd say Donald is toast.