There are several media articles the past few days about Michael Cohen having taped Donald Trump two months before the election when they were discussing a $150,000 payment to American Media (owner of the Enquirer) that would then go to Karen MacDougal for telling her story about having an affair with Trump. Unbeknownst to Macdougal, American Media had agreed not to publish it.

Ms. McDougal says she began a nearly yearlong affair with Mr. Trump in 2006, shortly after Mr. Trump’s wife, Melania, gave birth to their son Barron. Ms. McDougal sold her story for $150,000 to The National Enquirer, which was supportive of Mr. Trump, during the final months of the presidential campaign. But the tabloid sat on the story, which kept it from becoming public. The practice, known as “catch and kill,” effectively silenced Ms. McDougal for the remainder of the campaign.Because she'd be signing a non-disclosure agreement, she couldn't tell or sell her story elsewhere if American Media didn't publish it.

New York is a state that allows taping provided one participant to the conversation agrees. But Cohen is a lawyer, talking to Trump, his purported "client". Is there a privilege or ethics rule that comes into play here? [More...]