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Donald Trump Suggests He May Sue NBC Over ‘Illegal’ ‘Access Hollywood’ Tape

Donald Trump Hints He May Sue
AP Photo/David Goldman

Donald Trump said that the 2005 “Access Hollywood” recording in which he makes lewd remarks to co-host Billy Bush was “illegal,” telling Fox News’ Bill O’Reilly that he was considering legal action.

The leak of the tape earlier this month was a bombshell in the campaign, forcing him to make a rare videotaped apology and to address it at the second presidential debate.

Earlier on Thursday, Trump told the Catholic network EWTN that the microphones that captured the conversation “should never have been on.”

On “The O’Reilly Factor” later on Thursday, Trump said that the recording “was certainly illegal.” It’s unclear whether he was referring to the release of the tape — which was leaked to The Washington Post — or the fact that he was being recorded. Trump and Bush were having a conversation aboard a bus as the cameras rolled outside, capturing their arrival at the NBC sound stages where “Days of Our Lives” is filmed. Trump was to record a cameo.

As the bus rolled along, Trump and Bush’s conversation can be heard, with the audio so clear that they were obviously speaking while wearing mics or with mics nearby. Trump, however, called the bus a “private dressing room.”

TheA question is whether Trump gave his consent to the recording — even by implication, given that he was wearing one. California state law makes it illegal to record a conversation without consent. But the law makes an exception to circumstances “in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.”

Trump told O’Reilly that “you’re going to see after the election if he takes legal action.” He said that the remarks “shouldn’t have been said,” but that they were “locker room talk.”

In his conversation, Trump boasted of how he approaches women. “You know, I’m automatically attracted to beautiful — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything.”

“Whatever you want,” Bush said.

“Grab ’em by the pussy. You can do anything,” Trump said.

Bush was ousted from his role on NBC’s “Today” in the wake of the furor over the tape.