WASHINGTON (AP) - A federal appeals court ruled Tuesday that Rep. Jim McDermott 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 House Majority Leader John Boehner, who was heard on the 1996 call involving former House Speaker Newt Gingrich.
The lower court had 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, D-Wash., leaked to The New York Times and other news organizations a tape of a 1996 cell phone call The call included discussion by Gingrich, R-Ga., and other House GOP leaders about a House ethics committee investigation of Gingrich. Boehner, R-Ohio, 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 First 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, lawyer Michael Carvin said.
A spokesman for McDermott said Tuesday the congressman had just received the ruling and was studying it.
