Yes, generally, when you're recording a conversation, you state (at the beginning) that you're taping/recording the conversation, and then ask that all understand and consent. That way you have proof of consent contained within the recording itself.
we’ll see as this plays out. My guess is that the tapes were part of a blackmail plot. When she was unable to blackmail him, she decided to release the tapes publicly, in an attempt to destroy him.
I’m glad the issue of her making these tapes is getting some attention now. Why was she making tapes, and why did she publicize them, are very good questions. Alongside the question of whether laws were broken in the process. She may find herslef in legal trouble. We’ll see. See if any of these Al Sharpton types, who decry the racism of the tapes, will pay her legal bills.