An issue might be that this was presumably recorded as part of a Access Hollywood segment, so Trump may have sign some sort of contract permitting the recording of his voice in this instance. On the other hand, there maybe contractual reasons why outtakes, or for that matter any content, may not be released without Trump’s approval. But that would be more of a civil rather than criminal matter.
Good point, but I’ll let them worry about that. Do know Trump is VERY careful about off-screen confidentiality.
PS If Trump did not consent to the recording and such occurred in California, I (as a layman) believe it IS a CRIMINAL matter: http://codes.findlaw.com/ca/penal-code/pen-sect-632.html