Remember Linda Tripp:
Maryland Judge Gives Go-Ahead to Tripp Prosecution
A Maryland judge ruled yesterday that the state could proceed with its prosecution of Linda Tripp on charges that she broke the law when she secretly tape-recorded conversations with Monica Lewinsky, the former White House intern who was having a relationship with President Clinton...
That was because she recorded a phone call. They cannot claim entrapment, because it was not a government sting.
But I think O'Keefe and Giles have a little more "back-up"; plus, as so many here are pointing out, the discovery thingy might just be the last nail in ACORN's coffin.
Yes we do but that case had to do with the recoding over telephone lines. Different set of issues. The kids went into a public access office that is supported by federal taxes. Nobody has any reason to have the expectation of privacy in a public access tax payer supported organization.
Linda Tripp will not be convicted of a crime for “recording” her conversations with Lewinsky because she did not “intercept” a communication. Below you’ll find a rather detailed explanation why. But it’s important to realize that the press reporting on this story is either so uneducated and uninformed that they cannot even read the text of the law applicable to Linda, or they are intentionally misrepresenting the law because of a pathological dislike for Linda and her actions. Whichever, there must be at least one honest and competent reporter out there interested in the truth about what Maryland law DOES say rather than what the great majority erroneously THINKS it says.
False Assumption #1: Maryland law prohibits the “taping” or “recording” of conversations without the consent of all persons.
The Truth #1: Maryland law prohibits the “interception” of “communications” without the consent of all persons to the communication and does not even mention “taping” or “recording” anywhere in the part of the statute related to criminal violations.
Explanation #1: Maryland law states the following verbatim:
Unlawful acts. — Except as otherwise provided in this subtitle it is unlawful for any person to: (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
(2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or
(3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle. Cts. & Jud. Proc. §10-402(a)(1)-(a)(3). (emphasis added)
Nowhere in the law are the words “tape” or “record” ever used.
Request to the Press #1: Stop incorrectly reporting that Maryland law prohibits the “taping” or “recording” of conversations without the consent of all persons and instead properly report that Maryland law prohibits the “interception” of “communications” without the consent of all parties.
Consent is addressed in the following provision of Maryland law:
It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution of laws of the United States or of this State. Cts. & Jud. Proc. §10-402(c)(3). (emphasis added)