If at least one of the callers was in such a state, even if not James, I wonder if it would hold up? Or if this would qualify as whistle-blowing or of public interest...
Obligatory IANAL, but I think the legality of the taping is based on where you record it. To commit a state crime, you have to be in the state where it's a crime. No, I don't think the fact that the other guy is in another state where he could legally tape the conversation exonerates you. No idea about whistle-blowing. Maybe there's an exemption somewhere.
My guess about the butthurt statement by CNN is they're at least partially bluffing. They go to a lawyer and say "hey this guy recorded this thing in NY; is that legal?" And he says "no". But really they have no idea where it was recorded.
If at least one of the callers was in such a state, even if not James, I wonder if it would hold up? Or if this would qualify as whistle-blowing or of public interest...
Obligatory IANAL, but I think the legality of the taping is based on where you record it. To commit a state crime, you have to be in the state where it's a crime. No, I don't think the fact that the other guy is in another state where he could legally tape the conversation exonerates you. No idea about whistle-blowing. Maybe there's an exemption somewhere.
My guess about the butthurt statement by CNN is they're at least partially bluffing. They go to a lawyer and say "hey this guy recorded this thing in NY; is that legal?" And he says "no". But really they have no idea where it was recorded.