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highplainsdem

(49,041 posts)
Sun Jun 11, 2017, 09:07 AM Jun 2017

Newsweek column by law prof Michael Dorf: When Talking With Trump, Be Sure to Wear a Wire

http://www.newsweek.com/michael-dorf-when-talking-trump-be-sure-wear-wire-623810

It occurred to me when Comey was testifying yesterday to ask: "You were the FBI Director. You had access to all sorts of gadgets. After your first uncomfortable meeting with Trump, why didn't you wear a wire in person and record your phone conversations with him?"

That question in turn raised a legal question. Would it be legal?

Apparently yes. Washington, D.C. is a one-party consent jurisdiction, meaning that it is legal for a person to record his own conversation with someone else, even without the other person's consent.

-snip-

Trump's modus operandi when facing unpleasant accounts of his behavior is to deny it, to attack the character(s) of the source(s), to completely mischaracterize the account, to claim that his own behavior as described was not a big deal (e.g., "locker-room talk&quot , and to just claim vindication in general terms.

Wearing a wire won't protect against all of these moves, but it will protect against the first two.
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Newsweek column by law prof Michael Dorf: When Talking With Trump, Be Sure to Wear a Wire (Original Post) highplainsdem Jun 2017 OP
My thoughts exactly... FarPoint Jun 2017 #1
Comey was law enforcement though, would have to be careful about wearing a wire Justice Jun 2017 #2
Washington DC is... FarPoint Jun 2017 #6
Absolutely. When you're dealing with a liar, wear a wire. Baitball Blogger Jun 2017 #3
What about White House security though? alwaysinflux Jun 2017 #4
Ahhhhh... FarPoint Jun 2017 #7
Yes, depending on the State! DC, NY is OK, but I believe not in FL where you need all parties conse Madam45for2923 Jun 2017 #5
This is a good idea Gothmog Jun 2017 #8
Once the investigation is complete, we may find out Comey did wear a wire. L. Coyote Jun 2017 #9

FarPoint

(12,444 posts)
1. My thoughts exactly...
Sun Jun 11, 2017, 09:27 AM
Jun 2017

When I listen to Comey' s testimony Thursday...this concept came to mind immediately....

Justice

(7,188 posts)
2. Comey was law enforcement though, would have to be careful about wearing a wire
Sun Jun 11, 2017, 09:30 AM
Jun 2017

without warrant.

Particularly as he acknowledged in his testimony that part of listening to Trump was that he might incriminate himself.

Baitball Blogger

(46,758 posts)
3. Absolutely. When you're dealing with a liar, wear a wire.
Sun Jun 11, 2017, 09:37 AM
Jun 2017

Should be a fortune cookie message, it makes so much sense.

Addendum: Make sure you're in a state that allows you to tape record private messages between two people. In Florida, you cannot if you're in a private residence.

alwaysinflux

(149 posts)
4. What about White House security though?
Sun Jun 11, 2017, 09:39 AM
Jun 2017

Surely they pat everyone down as a precaution--he would've been caught.

FarPoint

(12,444 posts)
7. Ahhhhh...
Sun Jun 11, 2017, 09:57 AM
Jun 2017

The FBI had all the special tools... rewatch Comey from Thursday testimony...You know he did the CYA for himself and FBI... it was his duty. his professional standard.

L. Coyote

(51,129 posts)
9. Once the investigation is complete, we may find out Comey did wear a wire.
Sun Jun 11, 2017, 10:12 AM
Jun 2017

Then Trump can claim it is a "fake recording"

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