Posted on 10/31/2006 9:47:52 AM PST by llevrok
10/31/2006
By / Associated Press
A lawyer for Rep. Jim McDermott told a federal appeals court Tuesday that McDermott should not be punished for turning over an illegally taped telephone call to reporters a decade ago.
In arguments that evoked the Pentagon Papers and other press freedom cases, lawyer Christopher Landau said McDermott, D-Wash., had merely received the tape from a Florida couple and therefore had done nothing wrong.
A finding against McDermott could chill the news media's ability to gather information on important public issues, Landau said.
"It's hard to overstate the impact of the case on the media," he said.
Lawyers for 18 news organizations — including ABC, NBC, CBS, CNN, The Associated Press, The New York Times and The Washington Post — have filed a brief backing McDermott, who gave reporters access to a recording of a 1996 call involving then-House Speaker Newt Gingrich, R-Ga.
A three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia ruled against McDermott in March. The 2-1 opinion upheld a lower court ruling that McDermott had violated the rights of Rep. John Boehner, R-Ohio, who was heard on the 1996 call. Boehner was then a Gingrich lieutenant and is now House majority leader.
The full nine-member appeals court vacated the ruling this spring and heard new arguments in the case on Tuesday. A ruling is expected next year.
Boehner's lawyer, Michael Carvin, told the court that McDermott's actions were clearly illegal. He compared McDermott to a "fence" who received stolen goods and then sold them.
McDermott's actions were especially egregious because he received the tape in his capacity as a member of the House ethics committee, who was sworn to confidentiality, Carvin said.
Judge David S. Tatel said that under Carvin's interpretation, the New York Times and other newspapers that published the contents of the tape could be held liable.
"The argument to extend it to the New York Times is quite powerful," Tatel said.
"I'm not representing the New York Times," Carvin responded. "I'm perfectly happy to throw them overboard."
But Landau said a ruling against McDermott would be disastrous for a free press.
"You are basically saying Congress can indict the media if it is deemed they knew the information was unlawfully obtained," he said.
The case is Boehner v. McDermott, 04-7203.
WA State Ping
Amazing to me that the Media can get its collective panties in a wad about illegal government wiretaps (Patriot Act), and yet have no problems using the product of a wiretap to go after political enemies.
Gee, bud, you sound surprised.
Naw. Not surprsied. Just continually p*ssed off at the Fifth Columnists.
That has got to be the lamest excuse masquerading as legal argument that I have ever heard!
I did nothing wrong! I just received the $100,000 taken in the Florida bank heist from someone else!
Is anyone out there totally whacked out by the nonsense of the last few years being accepted as legal argument and forming the basis of profoundly disturbing legal decisions?
Now, imagine for one second that it was Boehner who had turned over tapes of McDermott to Free Republic.....
Hehe.
Ping For Illegal Wire Taps
""You are basically saying Congress can indict the media if it is deemed they knew the information was unlawfully obtained," he said. "
YES! That's what we're saying!
It's incredible that the press backs McDermott when he hands them an illegally obtained recording, yet are collectively indignant over legal terrorist wiretapping.
Not only that but likely a pilfered NSA wiretap.
I am to the point now that "restrictions" on the media are starting to sound good. It would be quite different if the "media" was dedicated to fact-finding and straight reporting. But the "media" referrenced here is the mouthpiece of politcal parties and pressure groups that poses as an organ of "unbiased reporting". This media attacks free speech (by anyone they disagree with) and promotes regulation of speech (as long as it is that of their enemies) so they are, in my estimation, more an agent of harm than good. I could care less if they have problems collecting the slop they pass off as "news".
10 years he's been successfully running from his crime!
Bleak House of Representatives...
"...The one great principle of the law is, to make business for itself. There is no other principle distinctly, certainly, and consistently maintained through all its narrow turnings. Viewed by this light it becomes a coherent scheme, and not the monstrous maze the laity are apt to think it. Let them but once clearly perceive that its grand principle is to make business for itself at their expense, and surely they will cease to grumble."
"it's hard to overstate the impact of the case on the media."
you just can't have anyone pulling the plug on the democrat propaganda ministry. it's just not fair. totalitarians and their propagandists have a right to live too.
well take a walk in fremont or ballard and you'll
see why the black clad goth nihilists and yupsters
hate us so much.
went to seattle for the weekend, now safely back in
texas. nice scenery, great food, strange people.
I am of the opinion that John & Alice Martin, members of a local Democratic Committee, were part of a political intelligence gathering operation & were shadowing John Boehner in the hopes of intercepting just such a conference call. It's the simplest explanation.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.