The Supreme Court has decided not to review the case between Reps Jim McDermott and John Boehner.
The court left in place a federal appeals court ruling that Rep. Jim McDermott, D-Wash., acted improperly in giving reporters access to a recording of a 1996 telephone call of Republican leaders discussing the House ethics case against former House Speaker Newt Gingrich, R-Ga.
McDermott asked the justices to hear his appeal of the May ruling, which he said infringed on his free speech rights. The court did not comment on its action.
The decision upholds a previous court ruling ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $800,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $800,000 in legal costs for Boehner, who filed suit against McDermott nearly a decade ago.
McDermott is not pleased with the outcome.
“I knew when I asked the Supreme Court to review this case that the odds were against me,” he said. “Nonetheless, I thought that the constitutional principles presented — the First Amendment protection of truthful speech and the separation of powers doctrine — warranted the court’s attention. I pursued this case based on my belief in the people’s right to know, and I continue to believe it was my sworn responsibility to vigorously defend that right.”
For those who may not remember this decade old case, someone just “happened” to hear the conversation (on a scanner, IIRC), and just “happened” to have a tape recorder. They passed the recording to Rep. McDermott.
McDermott, who was then serving on the ethics panel, leaked the tape to two newspapers, which published stories on the case in January 1997.
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Reaction of Congressman John Boehner, as cited by Michelle Malkin:
“As I’ve said many times: when you break the law in pursuit of a political opponent, you’ve gone too far. Members of Congress have a responsibility not only to obey the laws of our country and the rules of our institution, but also to defend the integrity of those laws and rules when they are violated. That’s why I chose this course of action nearly a decade ago. It was the right fight for the right reasons, and I am pleased to see it reach a successful conclusion today. I want to express my appreciation for the support of my constituents and the many individuals throughout our country who have supported my efforts to ensure justice is done in this matter.”
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