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McDermott Files Appeal in Taped Call Case ["will chill the disclosure of truthful information...]
Yahoo ^

Posted on 04/26/2006 3:52:39 PM PDT by Sub-Driver

McDermott Files Appeal in Taped Call Case By MATTHEW DALY, Associated Press Writer 8 minutes ago

Rep. Jim McDermott (news, bio, voting record) on Wednesday asked a full nine-member appeals court to hear an appeal of a case involving an illegally taped telephone call that was leaked to reporters nearly a decade ago.

A three-judge appeals court panel ruled last month that McDermott, D-Wash., violated federal law by giving the news media a tape recording of a 1996 call involving then-House Speaker Newt Gingrich, R-Ga.

The 2-1 opinion, by judges from the U.S. Court of Appeals for the District of Columbia Circuit, upheld a lower court ruling that McDermott violated the rights of Rep. John Boehner (news, bio, voting record), R-Ohio, who was heard on the 1996 call. Boehner was then a Gingrich lieutenant and is now House majority leader.

The appeals court ordered McDermott to pay Boehner about $700,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $600,000 in legal costs.

In court papers filed Wednesday, McDermott asked all nine members of the appeals court to hear the case, saying it involved a crucial First Amendment issue.

"The First Amendment cannot be subverted if we are to remain a free nation," McDermott said in a statement.

McDermott's petition said the full court should hear arguments in the case "because the divided panel decided a constitutional issue of exceptional importance in a manner inconsistent with on-point Supreme Court precedent."

He called the March 28 ruling "both unsound in principle and unworkable in practice," adding that it "will chill the disclosure of truthful information on matters of public concern. Clear and authoritative legal guidance here is imperative, especially for the media, which routinely receive information in all sorts of ways, from all sorts of sources."

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: alkhafagi; alkhafaji; baghdadjim; baghdadtrio; eavesdropping; falcontradinggroup; hamas; iraq; jimmcdermott; l4rd; lrd; mcdermott; nsa; oil4food; oilforfood; privacyrights; shakiralkhafagi; shakiralkhafaji; spies; spooks; spying; terrorcharities; wiretapping
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pay the fine Jim.
1 posted on 04/26/2006 3:52:42 PM PDT by Sub-Driver
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To: Sub-Driver

What a waste of court time.


2 posted on 04/26/2006 3:55:46 PM PDT by bkepley
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To: Sub-Driver
"The First Amendment cannot be subverted if we are to remain a free nation," McDermott said in a statement.

With this attitude,there can be no doubt that Mr McDermott voted "nay" on "campaign finance reform".

3 posted on 04/26/2006 3:58:16 PM PDT by Gay State Conservative
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To: Sub-Driver

The sympathy factor for these people is zero, you would think they would have noticed.The day is coming when the privacy thieves will have to pay dearly.


4 posted on 04/26/2006 3:58:54 PM PDT by TET1968
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To: Sub-Driver; Baynative; namsman; cmsgop; Libertina
Oh. My. God. I didn't think he was stupid enough to do this. I shouldn't be so surprised to find out that he is.

Sounds like the same defense now being given for the CIA leaker: breaking the law is OK if you're doing it to harm Republicans.

5 posted on 04/26/2006 3:59:15 PM PDT by SW6906 (5 things you can't have too much of: sex, money, firewood, guns and ammunition.)
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To: SW6906
This from the SAME people who had a nervous breakdown because the President was ease dropping on Terrorists?
6 posted on 04/26/2006 4:01:19 PM PDT by MNJohnnie (Tony Snow! A Freeper is in the White House! How cool is that?)
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To: everyone

Apparently wiretapping is fine if your object is to screw Republicans. It is impeachable if you're trying to get terrorists. To the "mind" of scumbags like Baghdad Jim McDermott, the Republicans are much worse.


7 posted on 04/26/2006 4:01:25 PM PDT by California Patriot ("That's not Charlie the Tuna out there. It's Jaws.")
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To: Sub-Driver
Not being a lawyer I have a question. As money was awarded doesn't interest accrue from the time of the original judgment and doesn't he have to provide a bond sufficient to cover the judgment? Seems if he keeps stringing this out it could get expensive.
8 posted on 04/26/2006 4:09:38 PM PDT by engrpat
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To: Sub-Driver

Like that old Sunoco commercial used to say, "You can pay me now, or you can pay me later".

McMaggot, you're going to pay. One way or the other.

You have no shame you traitor. Go ahead, file all the appeals you want, you pathetic puke.

I fart in your general direction! ;)


9 posted on 04/26/2006 4:14:33 PM PDT by mkjessup (The Shah doesn't look so bad now, eh? But nooo, Jimmah said the Ayatollah was a 'godly' man.)
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To: Sub-Driver

More than $600,000 in legal fees? Congress and the President are looking in all the wrong places to find price gouging.


10 posted on 04/26/2006 4:15:41 PM PDT by savedbygrace (SECURE THE BORDERS FIRST (I'M YELLING ON PURPOSE))
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Comment #11 Removed by Moderator

To: Baynative

Knew it. Wish everybody did. McDermott should be made into the Rat party's national symbol.


12 posted on 04/26/2006 4:31:20 PM PDT by California Patriot ("That's not Charlie the Tuna out there. It's Jaws.")
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To: California Patriot

Down two to one with six judges left in play, McDermott would have to gain a four to two win in order to erase the prior decision. Ain't gonna happen.


13 posted on 04/26/2006 4:55:46 PM PDT by Swanks
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To: Baynative

"In case you don't know, Rep. Jim McDermott flew to Baghdad with John Bonior and couple of other America haters to show solidarity with Saddam as our troops were being readied for the invasion of Iraq."

Baghdad Bonior and Jihad Jim McDermott


14 posted on 04/26/2006 5:00:58 PM PDT by rfp1234 (I've had it up to my keyster with these leaks!!! - - - Ronald Reagan)
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To: California Patriot

This may be an opportunity to drag the two Floridians that supposedly captured and saved the Gingrich conversation. I cannot believe that two people in Florida just happened to know it was Gingrich. I really believe that Gingrich was the victim of a wiretap by operatives hired by Democrats. You will never convince me 2 nitwits in Florida just happened to stumble into it.


15 posted on 04/26/2006 5:01:33 PM PDT by oldironsides
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To: Sub-Driver
He used information from an illegal wiretap for political advantage so why don't we hear about this when the main stream media runs the template of the culture of corruption?
16 posted on 04/26/2006 5:09:43 PM PDT by bonehead4freedom (Borders like fences make for good neighbors!)
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To: oldironsides

Bingo. I smelled that too from the beginning. Good call oldironsides.


17 posted on 04/26/2006 5:11:44 PM PDT by battlecry
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To: Sub-Driver
"The First Amendment cannot be subverted if we are to remain a free nation," McDermott said in a statement.

How lame. Translation: "We cannot continue to be a free nation if I can't stick it to Republicans by leaking phone conversations."

18 posted on 04/26/2006 5:13:20 PM PDT by Zack Nguyen
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To: oldironsides
I cannot believe that two people in Florida just happened to know it was Gingrich.

And they "just happened" to have a tape recorder handy. Rush used to sarcastically call them "Ma and Pa Kettle in their pea-green Honda".

19 posted on 04/26/2006 5:16:40 PM PDT by Hacksaw (Deport illegals the same way they came here - one at a time.)
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To: Sub-Driver
So it seems Baghdad Jim is all for the "right to privacy" if it involves killing babies or protecting Al-Quaida, but is opposed to the right to privacy if it involves the private conversations of his political opponents.

Perhaps some enterprising Freepers in DC need to get one of those audio dishes they use at football games and follow Jim around for a while and see how he likes it. ;~))

Just kidding --- I think.

20 posted on 04/26/2006 5:26:45 PM PDT by Ditto (People who fail to secure jobs as fenceposts go into journalism.)
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