A Legal Perspective on Public Access to Possible Tape of Donald Trump From 'The Apprentice'

Rumors about more gafs, after Trump's "Access Hollywood" vulgar comments.

ByABC News
October 11, 2016, 1:55 PM

— -- For the GOP, the looming fear that another shoe -- or in this case, recording of Donald Trump making controversial comments -- could drop at any point in the remaining presidential campaign continues.

Rumors have been swirling online, speculating that, much like the 2005 recording from an Access Hollywood interview, there could be another incendiary moment of Trump on tape buried in "The Apprentice" archives. But the question now is whether any of that material could be released if it exists.

The reality show starring the real estate mogul aired for 12 years on NBC, with 14 seasons between "The Apprentice" and "The Celebrity Apprentice."

But unlike the case of the "Access Hollywood" recording, those tapes are not in the network's hands. The reality show was produced by Mark Burnett, whose production company is owned by MGM, therefore giving MGM the ownership of the show and its footage.

MGM and Mark Burnett released a joint statement on Monday saying that it is technically up to MGM and the terms of some of its contracts whether or not any footage could be released.

"Despite reports to the contrary, Mark Burnett does not have the ability nor the right to release footage or other material from The Apprentice. Various contractual and legal requirements also restrict MGM’s ability to release such material," the joint statement said.

PHOTO: Donald Trump and Mark Burnett during "The Apprentice" Finale Arrivals at California Mart in Los Angeles, June 5, 2006.
Donald Trump and Mark Burnett during "The Apprentice" Finale Arrivals at California Mart in Los Angeles, June 5, 2006.

The statement also addressed "recent claims" that Burnett threatened a lawsuit against anyone who is able to leak any questionable material, saying those suggestions are "unequivocally false."

ABC News Chief Legal Analyst Dan Abrams said on "Good Morning America" today that the statement doesn't reveal much about the terms of the deal regarding Burnett.

"As a legal matter, he may be right that he signed a contract, that he's only allowed to release it for X, Y and Z reasons," Abrams said. "That's a very different question from 'Is he trying to prevent people from releasing it?'"

"For Mark Burnett to say 'I signed an agreement,'" he added, "doesn't really tell us a lot."

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