Now the point is whether The Miami Herald will turn over the surreptitious tapes to the state attorney.
Judging by the Times magazine compliance with the special prosecutor Fitzgerald's order, I would bet that The Miami Herald will cave and cooperate with the state attorney.
The statute also states that "consent is not required for the taping" of someone "who does not have a reasonable expectation of privacy."
That provision has caused some legal experts to question whether it could apply to a reporter interviewing a public official.
No politician has a reasonable expectation of privacy when talking to a reporter, even if it is "off the record." If a politician does expect privacy when talking to a reporter, that politician is a fool. There is no such thing as "off the record."