If a reporter agrees that a conversation or event is off-the-record, then of course he cannot print what was said during that interchange. But the unwritten rule—the one that directly applies here—is that if a reporter enters an off-the-record event uninvited and has not agreed to the off-the-record terms, he is free to report what happens inside that event. It’s the responsibility of the event organizers to keep reporters from entering events without invitations. As long as the reporter does not misrepresent himself and does not attempt to conceal a recording device, the event is fair game. That’s the rule....People keep saying he "sneaked in," but what does that mean? The Trilateral Commission meeting was disclosed by the State Department and marked "closed press." The location was undisclosed but Rogin had a tip that it was at the Mandarin Oriental hotel, so he went there and "walked straight to the front entrance of the room, nodded politely to the staffer at the door (she nodded back) and entered along with dozens of other people who were filing in."
Rogin says the only thing he regrets is helping himself to the pork loin, chicken, and pilaf at the lunch buffet.