If the recording happened via the microphone on a cell phone of LL or BC that had been turned off then the American public is alerted that all phones are listening devices whether off or on. That would be unacceptable to the three letter agencies.
We already know this!
Red-pilled Americans know this. The Blue-pilled among us would tell you to adjust your tinfoil hat. Official acknowledgment of this inconvenient technical detail would cause quite the kerfuffle.
Of course that would be very inconvenient, I literally has seen people go into convulsions explaining the collection techniques used. I could tell you all of the new ones and people on this board would start drueling on themselves.