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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; oil4food; oilforfood; privacyrights; shakiralkhafagi; shakiralkhafaji; spying; terrorcharities; wiretapping
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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To: California Patriot

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.


11 posted on 04/26/2006 4:26:37 PM PDT by Baynative (If you wish to read this message in English - press 'uno' ...)
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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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To: Sub-Driver

You'd think he'd be bright enough to disavow breaking the law. Of course, if he'd been bright enough to do that in the first place, he wouldn't have had to worry about it now.


21 posted on 04/26/2006 5:29:02 PM PDT by RichInOC (Stupidity is its own punishment...but some people need an enhanced sentence.)
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To: Sub-Driver

Impeach Baghdad Jim for his involvement in the illegal wiretapping of US citizens!!!


22 posted on 04/26/2006 5:39:07 PM PDT by Doctor Raoul (Hugo, Fidel, Evo....Commie Guys Get...Code Pink Wet)
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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.

OK, then, Jim. Let's expose your psychiatric records and maybe your Social Security Number to the public for all to see.

The First Ammendment does NOT mean that you can disclose anything and everything you want, just because "it's the truth!"

As an alleged psychiatrist, McDermott seems to have caught his own diseases.

23 posted on 04/26/2006 6:29:18 PM PDT by nightdriver
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To: Sub-Driver

What's beautiful here is that McDermott is just another another example of the Clinton tornadoes ruining lives as they move through the political landscape.

Here's what really happened:

1. Clinton orders NSA to tap all House and Senate Leadership telephones. This includes Newt Gingrich.

2. When Bubba discovered Newt's plans, he called McDermott and told him to find some dumbo operatives in Florida who could claim that they recorded the conversation from their car.

3. The Floriduhns volunteered to take the heat in case their story ever got questioned.

4. McDermott "leaked" the recording to the press (comPost?).

5. Boehner got good legal advice that no matter how it was recorded, the taping was illegal. He knew he would win.

6. McDermott has been trying to weasel his way out ever since.

7. The Floriduhns have probably been paid off, although knowing them, they were equally happy to serve time for Bubba.


24 posted on 04/26/2006 7:02:50 PM PDT by GEC
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To: GEC

I believe the Florida couple got some small fine that was nothing.


25 posted on 04/26/2006 7:22:36 PM PDT by SW6906 (5 things you can't have too much of: sex, money, firewood, guns and ammunition.)
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To: Swanks

not so sure this isn't a smart move by McDermott. He knows who appointed these judges.


26 posted on 04/26/2006 9:15:08 PM PDT by YaYa123
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To: nightdriver
As an alleged psychiatrist, McDermott seems to have caught his own diseases.

Perhaps he had those problems long before he chose his profession. I have noticed over time that some people who go into professions do so because they were greatly influenced in their youth by individuals in that profession. For instance, I knew a surgeon who as a child was saved by a surgeon and a woman who went into orthopedics because she had problems stemming from an accident as a child.

Looking at McDermott, it's not a surprise he's a shrink. He has "issues" as they say. Aside from denial, one of them seems to be a messianic complex -- i.e. he alone gets to choose the rules. I'm guessing Freudian therapy didn't help in the least.

27 posted on 04/26/2006 9:16:00 PM PDT by Ditto (People who fail to secure jobs as fenceposts go into journalism.)
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To: Sub-Driver
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.




If saddam hussein had still been in power, no question he would have paid the fine for "Baghdad" jim!!!
28 posted on 04/26/2006 9:28:16 PM PDT by danamco
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To: engrpat

One doesn't always know for sure, but typically a bond is required. I don't know about interest, but we can hope!


29 posted on 04/26/2006 10:05:36 PM PDT by Auntie Mame ("If you can't say something nice, don't say anything at all." --Grandma)
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To: Sub-Driver

Hey Jim, do you still think that Bush broke the law with surveillance of foreign phone calls?


30 posted on 04/26/2006 11:57:16 PM PDT by taxesareforever (Never forget Matt Maupin)
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To: SW6906

But the Conress punished all Americans by passing new laws restricting what you may listen or the type of receiver you may own,despite the previous law having worked well since 1934.


31 posted on 04/27/2006 2:55:58 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: Sub-Driver
* Jim McDermott : McDermott was one of three Congressmen who went on Saddam’s propaganda tour of Iraq in Fall 2002. The trip was funded by Life for Relief and Development (LRD), a “charity” which laundered money to terrorist group Hamas’ Jordanian operation. LRD is funded in part by [Iraqi-American] Shakir Al-Khafaji, a man who did about $70 million in business with Saddam through his Falcon Trading Group company (based in South Africa). LRD’s Iraqi offices were raided by US troops last week, and the Detroit-area “charity” is suspected of funding uprisings, such as the one in Fallujah. Its officials bragged of doing so at a recent private US fundraiser.
Mr. Alkhafaji, one of two Americans named in Iraqi newspapers as a participant in Saddam’s “Oil for Food” scam, gave Congressman McDermott $5,000 in October 2002 for McDermott’s legal defense fund in a lawsuit against him….
http://www.bowlingfortruth.com/fahrenheit911/terrorists.htm 38 posted on 10/06/2004 8:10:12 PM PDT by lwd
32 posted on 04/27/2006 10:27:07 AM PDT by piasa (Attitude Adjustments Offered Here Free of Charge)
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To: Sub-Driver; Cindy; Howlin
So, who were one of the groups that funded McDermott's trip?

See:

* LIFE for RELIEF AND DEVELOPMENT aka INTERNATIONAL RELIEF ASSOCIATION aka LRD : LIFE's original registered agent (under its previous name, International Relief Association), Masood Aijazi, worked for Khalid bin Mahfouz, the financier of Mawafaq Foundation, designated a terrorist charity by the U.S. government.
[Imad] Hamad's relationship with these parties is long-term and tight. A 1999 press release by Hamad's American Arab Anti-Discrimination Committee credits Hamad with getting Senator Carl Levin, then-Senator Spencer Abraham, and David Bonior to grant LIFE a license to send millions to Iraq. "We have a special relationship with ADC here in Detroit." Hanooti said. "This is another example of the value of cooperation between our organizations . . . to advance our common agenda."
In May 2003, Hamad visited terrorist-sponsor Syria and Lebanon with Hanooti and Alomari. Given all of this, a recent FAAIR newsletter photo of Collins (below) smilingly posing between Al-Hanooti, Hamad, and Alomari, at a FAAIR event, is disturbing. It is bad enough that a U.S. Attorney would associate with known anti- Semites. Worse, if Collins' office ever indicts them, it could be embarrassing.
...Collins, too, has been a Justice Department disappointment, with a mediocre record of terrorism convictions. Some of Collins' blunders were made under the tremendous influence of Hamad. After 9-11, federal agents visited temporary visa holders from Middle Eastern countries for surprise interviews. But in the Detroit area, Hamad convinced Collins to send out warning letters asking the men to voluntarily show up for interviews at his office. Only a third did. Others disappeared. "It's like telling terrorists and aliens: We're looking for you, go hide," said one Special Agent in Charge, at the time.
More frightening, a USA Today article implies Collins and Hulon may have employed Hamad as a translator. Their relationship is a little too close for comfort. In May, while other awardees brought their significant others, Collins was Hamad's date to a Detroit News awards banquet. ---------FBI, Justice PC Buffoonery Continues October 15, 2003 Abridged NY Post version ----http://64.233.187.104/search?q=cache:fY3h0n_bnWMJ:www.debbieschlussel.com/columns/column101503.shtml+%22MUTHANNA+AL-HANOOTI%22&hl=en

33 posted on 04/27/2006 10:38:26 AM PDT by piasa (Attitude Adjustments Offered Here Free of Charge)
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To: hoosierham

Yep. Punished everyone else for the misdeeds of a few.


34 posted on 04/27/2006 12:10:20 PM PDT by SW6906 (5 things you can't have too much of: sex, money, firewood, guns and ammunition.)
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