Are the recordings released and recorded by TMZ legal?

If made in California, it must have both parties consent to record if made in a place where there is a reasonable expectation of privacy.

So, if made in his home, and unless he agreed somehow before the recording started, it’s not legal and there could be criminal prosecution.

If made somewhere public, like in a restaurant, then the expectation of privacy goes away.

I haven’t seen where it was recorded.

It sounds like a recording of a phone call. According to Wikipedia (which obviously could be wrong) 20 states require all parties to consent before recording while the others only require one party to consent. So it would depend on who recorded it and where.

I don’t know where the recording took place. here in Maryland you must have a persons permission to record a private phone conversation or a signed warrant from a Judge.

TMZ does a lot of things that walk the line between legal and illegal. They like to stir the pot.