Mindin & Mindin, P.C.

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Why Kim & Kanye will not be facing criminal charges over Taylor Swift phone recording.

The question on everyone’s mind after reality star Kim Kardashian released footage of Taylor Swift seemingly approving the line Kanye West wrote about her in his song “Famous” was whether the two stars would face legal repercussions for secretly filming swift. 

Despite the fact that Swift threatened Kim and Kanye with criminal prosecution, it looks like there’s a loophole in the California law that may get the couple off the hook.

According to California law, confidential recordings in which the other party doesn’t know they’re being recorded is indeed a crime. However, according to attorney Leon Mindin, Esq.  “When the call may be overheard as it was in this very instance, the recording no longer becomes confidential. In this case, because Kanye kept Taylor on speaker phone and several people besides the rapper spoke up during the conversation including producer Rick Rubin and even some of the Keeping Up with the Kardashian staff, Swift can’t claim she thought the conversation was private.”