He will be sued, unless it was in a state were you can record a conversation with out the consent of all parties.
Most states have a one party rule. The exception is the all party states.
It looks as if Texas is a one party consent state. I think the interview took place there. I’m not sure. I wonder how an interstate interview with conflicting laws would be handled.
http://www.dmlp.org/legal-guide/texas-recording-law
Since the whole purpose of the interview by Kelly (party A)was to record it, and Jones (party B) was aware that it was being recorded, the ONLY contention can be WHO did the recording. Does the law specify whether party A or B is the ONLY party allowed to make the recording?