Court Rules Lawmaker Illegally Leaked Tape

A federal appeals court ruled Tuesday that Rep. Jim McDermott (D-Wash.) violated federal law by turning over an illegally taped telephone call to reporters nearly a decade ago.

In a 2-1 opinion, the U.S. Court of Appeals for the District of Columbia upheld a lower court ruling that McDermott violated the rights of Rep. John A. Boehner (R-Ohio), who was heard on the 1996 call involving then-House Speaker Newt Gingrich (R-Ga.).

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

McDermott has acknowledged leaking a tape of a 1996 cellphone call involving Gingrich to the New York Times and other news organizations.

The call included discussion by Gingrich and other House GOP leaders about a House ethics committee investigation of Gingrich. Boehner was a Gingrich lieutenant at the time and is now House majority leader.

A lawyer for McDermott had argued that his actions were allowed under the 1st Amendment, and said a ruling against him would have “a huge chilling effect” on reporters and newsmakers alike.

Lawyers for 18 news organizations -- including ABC, NBC, CBS, CNN, the Associated Press, the New York Times and the Washington Post -- filed a brief backing McDermott.

But Boehner’s lawyers said McDermott’s actions were clearly illegal. By leaking the tape, McDermott “chilled the free speech of others,” namely Boehner and Gingrich, said Boehner lawyer Michael Carvin.

In a written statement, McDermott said he respectfully disagreed with the majority ruling.

“My position rightly defends freedom of the press and free speech in America,” he said. “The American people have a right to know when their government’s leaders are plotting to deceive them, and that is exactly what was happening during a telephone call in 1996 involving Republican House leaders.”

McDermott’s lawyers are studying the decision and will decide whether to appeal, the congressman said.

The case stems from a tape that a Florida couple made in December 1996 and later gave to McDermott.

McDermott, then the top Democrat on the ethics panel, leaked the tape to the New York Times and other newspapers, which printed partial transcripts in January 1997.

Gingrich was later fined $300,000 and reprimanded by the House; he resigned his seat in November 1998. The Florida couple, John and Alice Martin, pleaded guilty to unlawfully intercepting the call and were each fined $500. McDermott resigned his seat on the ethics committee.

McDermott was not charged with a criminal offense.