MIAMI (CBSMiami//CNN) – One of Donald Trump’s top advisers is in trouble over comments he made about marital rape to a Daily Beast reporter.

The reporter was writing a story about a decades old rape allegation in Trump’s divorce from his first wife Ivana.

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Reporter Tim Mak questioned Trump adviser, Michael Cohen, about a rape allegation made by the billionaire’s ex-wife during their divorce proceedings in the 1990s.

In defending Trump, Cohen was quoted as saying “you cannot rape your spouse,” and threatened to sue.

Marital rape is illegal in all 50 states, as it was in New York in 1989, at the time of the alleged incident.

“They were trying to say that the allegations were not criminal sense, like you mentioned.  But then it descended into insults and threats. Threats of lawsuits telling me to tread lightly and to say whatever lawsuits they might file against me were going to be disgusting,” said Mak.

Cohen is apologizing, saying he was simply outraged by the nature of the story.

“In my moment of shock, I made an inarticulate comment which I do not believe and which I apologize for entirely,” said Cohen.

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Back in the 1990s Trump’s ex-wife, Ivana, addressed the incident, saying, while she used the word rape, she did not want it to be interpreted in a “literal or criminal sense.”

Now she has issued a statement supporting the man she famously called “The Donald,” saying “I have recently read some comments attributed to me from nearly 30 years ago at a time of very high tension during my divorce from Donald.  The story is totally without merit.”

The story on Michael Cohen is not over. The Trump campaign is backing away.

A CNN campaign source said,  “Mr. Trump speaks for Mr. Trump and nobody but Mr. Trump speaks for him.”

In addition to serving as a top Trump adviser, Cohen is also an executive vice president at the Trump organization.

For more on Campaign 2016, click here.

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