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 ...
What a waste of court time.
With this attitude,there can be no doubt that Mr McDermott voted "nay" on "campaign finance reform".
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.
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.
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.
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! ;)
More than $600,000 in legal fees? Congress and the President are looking in all the wrong places to find price gouging.
Knew it. Wish everybody did. McDermott should be made into the Rat party's national symbol.
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.
"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
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.
Bingo. I smelled that too from the beginning. Good call oldironsides.
How lame. Translation: "We cannot continue to be a free nation if I can't stick it to Republicans by leaking phone conversations."
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".
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.
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