I think if a person is legally present at a particular spot, he should have the right to record anything he can hear himself at that location. This is somewhat similar to the general rule for recording video. Do something in public and you can’t stop others from recording it.
This should be called the right to memory and this would include a 3ft sphere arouns one’s self that once has the right to record using devices any light and sound waves comming to them as long as the trecording device stay within a 3ft of the person and are held or attached to that person.
What they did to mitch was plant a BUG which is not covered by this.
Any evidence of this? Last I heard, the story was that they stood in the hallway outside of the room where this meeting was taking place, and recorded it from there.