After CNN first aired the Trump-Cohen recording on Tuesday evening, Davis said he believed Trump's team fears the President's former personal attorney.
President Donald Trump's attorney says he's had a secret recording of Trump taken by his former personal lawyer enhanced and Trump did not suggest paying cash for the rights to a former Playboy model's story of an affair.
Giuliani has said that Cohen ultimately never made the payment that Cohen discussed with Trump. CNN's Manu Raju opined on twitter, "This opens up a new war between Trump and Cohen".
"The power of the truth is what Michael Cohen now has, no matter what Mayor Giuliani invents for a president who's been known to lie", Davis pushed back on ABC's Good Morning America.
"It's a distraction, and it also raises concerns about what else [Cohen] could release or give to authorities", said Republican strategist Ryan Williams, who added that the tape's release should be "very troubling for the president and the White House".
Napolitano warned that if the topic of the conversation can be verified, it would invalidate attorney-client privilege, which usually protects information exchanged between lawyers and their clients.
Before the election, Trump's campaign denied any knowledge of payment to McDougal, but the taped conversation could undermine those denials.
There has always been questions as to whether or not Cohen was involved in the National Enquirer deal.
"Why did Giuliani lie about Michael Cohen, saying that he's the one who said 'cash, ' just as he lied when he said Donald Trump didn't say [it]", Davis told Stephanopoulos. The story was never published by AMI. "So sad!" Trump wrote, blasting his former longtime fixer, but not addressing the substance of what was said on the tape.
But on the tape, candidate Trump expresses no surprise when the issue comes up and Cohen talks about essentially reimbursing the company for what it paid McDougal.
So the man in charge of making Trump's dalliances with various women go away is now releasing secret recordings with Trump about said dalliances while Robert Mueller has subpoenaed the woman running a whore house frequented by famous politicians like former NY governor Elliot Spitzer, and longtime Trump adviser Roger Stone. The tape, which was released by Cohen's legal team, was one of 12 seized by the Federal Bureau of Investigation when Cohen's office and home were raided earlier this year.
Asked if Cohen was still seeking a presidential pardon while under federal investigation, Davis responded simply, "No".
If Trump's lawyers really did waive privilege on the Cohen/McDougal recording so that Giuliani could spin it to the press, it was, in my view, a blunder.