It was probably the last thing on Hillary Clinton's mind to inquire if she was being secretly taped by the Trump campaign when she called to concede the ballot to president-elect Donald Trump.
Simply White Firm Social Media Director Dan Scavino issued a cryptic tweet on Tuesday suggesting that the Trump campaign secretly taped Clinton's concession call to Trump at 2:30 a.m. on Nov. ix.
Was that legal? Probably — but information technology's complicated.
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In New York, it's legal for one person to secretly tape a telephone conversation with another person without the other person'due south consent, said Lucy A. Dalglish, dean of the Philip Merrill College of Journalism at the University of Maryland. Both Clinton and Trump were in New York during the call.
But the issue is complicated because information technology appears from Scavino's tweet that the Clinton-Trump concession call was made from the cell phone of Clinton aide Huma Abedin to the cell telephone of White Firm Advisor Kellyanne Conway.
"New York is a 1-party consent country. And so if Kellyanne taped a conversation she was having with Huma, no problem," Daglish told TheWrap. "Just, if Kellyanne bundled for her telephone to tape a conversation that Kellyanne did not participate in, so that's trouble" because Conway was not one of the "parties" to the phone call.
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However, if Trump asked Conway to tape the Clinton-Trump phone call on his behalf, then Conway'south taping was legal because Trump is a "party" to the telephone call and recorded it via Conway, Daglish said.
Information technology's also legal in New York to secretly tape a call where the caller knows that the telephone call is overheard by other people. This could have occurred if Trump told Clinton he was putting her on speaker phone during her telephone call.
We don't know exactly who did the taping — Scavino tweeted that he plans to share "video" from the telephone call at a later date.
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Scavino's tweet says: Screen shot via @KellyannePolls jail cell telephone- of Huma'southward call at 2:30amE….6 months agone. I accept on video & will share that in the near future."
https://twitter.com/DanScavino/status/861968849712939008
Violating the New York wiretapping law is a felony and besides can exist the basis for a privacy lawsuit against the person who illegally taped a phone call.
Trump and Conway should be glad Clinton was not calling from California. That state requires everyone who is part of a telephone conversation to consent to taping. Violating California's wiretapping law is a misdemeanor and can exist grounds for an invasion of privacy lawsuit.
17 Female US Presidents in Movies and TV, From Geena Davis to Gina Rodriguez (Photos)
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Polly Bergen, "Kisses for My President" (1964)
President Leslie McCloud was a real pioneer -- just the motion picture'due south plot focuses on Fred MacMurray as the First Husband struggling to notice a purpose while his married woman toils in the Oval Role. And to add together insult to injury, she resigns when she learns she'due south significant.
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Patty Knuckles, "Hail to the Chief" (1985)
In this short-lived ABC sitcom, Duke played President Julia Mansfield who had to deal with a cheating get-go husband, a rogue Air Strength general and multiple schemes for her impeachment.
ABC -
Christina Applegate, "Mafia!" (1998)
In this spoof of "The Godfather Part Ii," Applegate plays a version of Diane Keaton's Kay Adams-Corleone -- named Diane -- who leaves the Michael-like Mob boss (Jay Mohr) and goes on to become president of the U.S. Sadly, she puts a nuclear disarmament deal on concur to return to her ex.
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Geena Davis, "Commander in Master" (2005-06)
Davis' Mackenzie Allen was a former congresswoman and political independent drafted to be vice president on the ticket of Republican Teddy Bridges, who shortly dies of a brain aneurysm.
ABC -
Patricia Wettig, "Prison Intermission" (2006)
Wettig's Caroline Reynolds emerges as ane of the primary villains of the Fox series, secretly plotting with the covert Company to execute innocent man Lincoln Burrows (Dominic Purcell) for the murder of her brother.
Fox -
Cherry Jones, "24" (2008-10)
Jones plays tough-equally-nails President Allison Taylor in the 7th and eighth seasons of "24," refusing to buckle to terrorist demands despite the murder of her son and the shooting of her husband.
Trick -
Alfre Woodard, "Country of Affairs" (2014-fifteen)
Woodard won praise for bringing gravitas to the role of President Constance Payton, but the show centered on Katherine Heigl equally a meridian CIA agent prepping the master executive'due south daily briefing. The series lasted just a unmarried season.
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Julia Louis-Dreyfus, "Veep" (2014-xix)
Louis-Dreyfus' Selina Meyer assumes the presidency when the former sitting president resigns for personal reasons -- only every bit she'south seeking her party'due south nomination. Simply while running as an incumbent, she musters a necktie in the electoral college -- and winds upwardly losing the presidency when her own VP bungles his vote in the Senate. She afterward wins re-election (thanks to convention shenanigans and Chinese interference) and serves a single full term.
HBO -
Andrea Barbarous, "Veep" (2016)
Savage portrayed New Mexico Senator Laura Montez, who plays upwardly her Mexican heritage as the running mate of Selina Meyer'southward master rival -- and then emerges as the president after a tie in the electoral college and deadlocks in the Business firm and Senate.
HBO -
Sela Ward, "Independence Day: Resurgence" (2016)
In the original, Nib Pullman'southward president was an ex-fighter pilot who went back into the cockpit to fight alien invaders. In the long-after-the-fact sequel, Ward's President Elizabeth Lanford has a significantly smaller role in repelling the new attack.
Sony -
Elizabeth Mitchell, "The Purge: Ballot Year" (2016)
In the dystopian horror thriller, Mitchell's Purge survivor Charlie Roan wins a landslide presidential election on a platform of ending the annual slaughter-fest.
Netflix -
Lynda Carter, "Supergirl" (2016-18)
The former "Wonder Adult female" star rejoined the DC Comics universe on the 2nd season of "Supergirl" equally President Olivia Marsdin -- an effective leader who is secretly non-human.
The CW -
Robin Wright, "Business firm of Cards" (2017-xviii)
At the end of the fifth flavour of the Netflix political drama, Frank and Claire Underwood run together for the White House -- and Claire is sworn in as president afterward Frank resigns in a cloud of scandal.
Netflix -
Elizabeth Marvel, "Homeland" (2017-xviii)
In the show'due south 6th and 7th seasons, Curiosity plays a charmless senator who is elected president and becomes deeply suspicious of the CIA (and Mandy Patinkin'southward Saul Berenson) afterwards surviving an assassination attempt.
Showtime -
Bellamy Young, "Scandal" (2017-18)
At the finish of the sixth season of the ABC drama, Immature'due south Mellie Grant, a former commencement lady turned senator, loses the presidential election to Francisco Vargas -- who is so assassinated before he is sworn in. After many machinations, Mellie is sworn in as president, with Olivia Pope (Kerry Washington) as her chief of staff.
ABC -
Charlize Theron, "Long Shot" (2019)
In this rom-com, Seth Rogen plays a slobby journalist who reunites with his sometime childhood bodyguard, a polished politico who's serving as Secretary of Land -- and subsequently elected as president. (He even takes her last name and becomes "Start Mister.")
Lionsgate -
Gina Rodriguez, "Diary of a Future President" (2020-)
This Disney+ series is told in flashback by President Elena CaƱero-Reed (Rodriguez), who starts flipping through her middle-school diary just before delivering her first major speech as president.
Disney+
While Hillary Clinton lost her 2016 bid to become the kickoff woman to atomic number 82 the U.S., there take been onscreen trailblazers who've occupied the Oval Part