Reporter Joe Arnold of WHAS in Louisville went to the campaign headquarters of Sen. Mitch McConnell and demonstrated how the recording which eventually found its way to Mother Jones magazine was made:
Two days after the tape was featured in Mother Jones, a Kentucky Democrat, Jacob Conway, identified the founders of the Progress Kentucky as the individuals responsible.
Shawn Reilly and Curtis Morrison are longtime Kentucky activists. Reilly attended a meeting at the White House in December and also a previous gathering held at the Kentucky governor’s mansion in September. His attorney has since claimed his client was present on the 2nd floor hallway when the recording was being made, but only witnessed actions taken by Morrison.
For his part, Morrison has set up a legal defense fund online (he’s raised nearly $2,000 in a couple days). In response to questions put to him on Twitter by reporter Joe Arnold, Morrison seemingly admitted he was there and even that he was the person holding the recorder up to the door in February:
@joearnoldreport just saw the skit. interesting. 2 corrections: different door & i sure didn’t get on the floor like you did.
— curtis morrison (@curtisky) April 18, 2013
So it seems neither party is contesting being there for the recording. Breitbart News first broke word that sources close to the situation believed the recording may have been made from the hallway outside. As reported at the time, the legality of the situation is complicated. Normally a recording requires the consent of at least one party. But did the staffers holding the meeting have an expectation of privacy despite the vent in the door? How much did the ability of the recording device to pick up faint sound and allow it to be amplified play a role? These are the questions that may determine whether Reilly and Morrison are even charged with anything.