Donald Trump may sued Access Hollywood and its parent company NBC for releasing the controversial 2005 video in which the presidential candidate made lewd comments about women.

Trump’s poll numbers took a substantial hit after the tape’s release and have not recovered since. California state law makes it illegal to record a conversation without consent. It’s not clear whether Trump consented to that portion of the taping. The law makes an exception in circumstances “in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.”

Trump told Bill O’Reilly during the O’Reilly Factor Thursday night that “you’re going to see after the election” whether or not he takes legal action. He said that the remarks “shouldn’t have been said,” but that they were “locker room talk.”

Watch the full interview between Trump and O’Reilly below.

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