She would be in a totally different situation if she had a tape of Tesla's AGC threatening her friends through their immigration status. That is straight up mafia tactics.
Brings to mind this case [1].
With criminal statutes, it significantly raises the bar about how to "leak" something to the press, the press who needs to verify the source and can be subpoena'd for records.
A private person recording someone illegally is a crime. In some circumstances (for instance to prove a witness in lying), it can still be admissable. [ref https://www.stimmel-law.com/en/articles/secret-recording-con....]
Now is it is worth admitting to a crime that can carry fines of up to $2,500 and/or imprisonment for up to a year (misdemeanor) is a hefty question. In addition, the violator may be subject to civil liability in the amount of $5,000 or three times the amount of any actual damages sustained as a result.
If this was a lawsuit due to serious, career ending malfeasance against you, where a key witness would be trivially proven a liar and you could end up with millions in a settlement? Maybe? Could they turn around and sue you for 3x the settlement? Sounds like you'd want to talk to a lawyer first.
Not happening most of the time though.
We shouldn't be afraid.
I personally sued big corporations, as an individual, two times, and won. Granted, this was in Europe, not the US, but the warnings and hand-waving of people telling me one should never do that were similar.
If you care enough about the issue, and don't care much about the risks, which are usually wildly exaggerated, the odds are actually in your favor.
The article suggests that unlawful recording is the criminal act that Tesla is alleging she committed.