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David S. Weinstein: Secret White House Recordings Taped by Omarosa "Not Illegal" although "Highly Unusual"

August 14, 2018

Hinshaw partner and former federal prosecutor David S. Weinstein analyzed in an Associated Press clip the news that former White House official Omarosa Manigault had secretly recorded conversations with President Trump and others while serving in the White House. The President responded to the news by calling Omarosa a "lowlife" and a "dog" in a tweet this morning.

Weinstein noted that it was "more than highly unusual" for a high ranking government official to walk away from their role with such animosity. While the secret recordings are in violation of several security restrictions, he explained they were not illegal because they were recorded in the District of Colombia, which has a one party consent rule. As a current federal employee, such recordings would likely result in a revocation of security clearance and disciplinary action, including termination.

Regarding the Non-Disclosure Agreement Omarosa is reported to have signed as a White House employee, Weinstein said that any agreement with an offer, acceptance and consideration is binding if you agree to it and sign it. He further notes that he worked for the federal government for 11 years, and never had to sign an NDA.

Watch the AP clip

"Legal Expert Breaks Down Omarosa Tape Recordings" was distributed by the AP on August 13, 2018.

Weinstein also discussed the Omarosa Tape Recordings with TheWrap. You can read "Could Omarosa Be Prosecuted for Leaking Secret Recordings?," on TheWrap's website.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices nationwide and in London. The firm's national reputation spans the insurance industry, the financial services sector, and other highly regulated industries. Hinshaw also serves as counsel to the professional services sector, and provides business advisory and transactional services to clients of all sizes.