Damn.

Via the NPI blog…

The United States D.C. Circuit Court of Appeals ruled in a 5-4 decision that Representative Jim McDermott should not have shared the audio from an illegally taped telephone call (which McDermott did not tape) with two newspapers:

The ruling upholds a previous decision ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $700,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $600,000 in legal costs.

Boehner was among several GOP leaders heard on the December 1996 call, which involved ethics allegations against then-House Speaker Newt Gingrich, R-Ga. Gingrich, who was heard on the call telling Boehner and others how to react to allegations, was later fined $300,000 and reprimanded by the House…

That's a pretty nice recap of the situation facing my own personal Congressman. Jim McDermott could have settled this thing for a relative pittance long ago, but he's kept fighting for the First Amendment in a battle whose considerable costs have gone far beyond financial.

It's always worth bearing in mind that there's no crime as such here. This is a civil matter, based on Boehner's claim that he was damaged by the revelation of the truth - that he was, along with Gingrich, a charter member of the culture of corruption. They were caught red-handed conspiring in violation of a sanction imposed on Gingrich for an earlier ethical lapse. Of course, this has damaged Boehner so much that he has been elevated to leader of his party. I suppose overseeing the devolution of the GOP into permanent minority status is a task deserving a bonus of 60K or so, but I don't think Jim McDermott should have to pay it. Maybe the Republican caucus could pool a small percentage of their Abramoff money or something.

On a serious note, the chilling effect that this ruling could have on political speech presents a clear and present danger. Count me with Andrew in Jim's corner for the next round…

We urge Representative McDermott to respond to this ruling by appealing the decision. We'll gladly stand with him as he stands up for the First Amendment.

Yep. Me too.