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I don't think the orange one is suing for being recorded. I think he is suing because he is not getting a cut of the audiobook revenues for the audiobook that uses these recordings.  IANAL, but (1) these seem like different issues to me and (2) trying to profit from his brand is very "on brand" for Trump.
Woodward and Simon & Schuster said in a joint statement on Monday evening that the lawsuit was “without merit,” since the interviews were recorded on the record with Trump’s consent.

Welp, that'll get tossed instantly.