The press, whose job it is to inform the public, often plays an adversarial role with elected officials. Politicians don’t always appreciate it. Still, it’s rare for reporters’ questions to lead to threats of arrest and prosecution by a powerful member of Congress. But that is what happened Tuesday night when Congressman Andy Harris faced off with Maryland reporters during a candidate forum in Cambridge. Kevin Diaz was there.
Kevin Diaz:
The debate between Congressman Andy Harris and Democratic challenger David Schwartz in Cambridge Tuesday night had a few sharp exchanges, but none were more heated than Harris' skirmish with Maryland reporters asking why he hasn't been seen more frequently in town hall forums in the district.
Reporter (Brenda Wintrode):
Congressman Harris, why did you decide to do this forum tonight?
Harris:
I have done the League of Women Voters forum every single year since 2008. So I resent the premise of that question. Where are you from?
Wintrode:
Oh, I'm asking about… why you decided….
Harris:
Where are you from? Where are you from?
Wintrode:
I work for the Baltimore Banner.
Harris:
I don't participate in the Baltimore Banner.
Diaz:
Cutting off the Banner, Harris turned to another reporter, Cat Murphy of the Capitol News Service.
Harris:
Yes, ma'am.
Cat Murphy:
I think you should respect their questions.
Harris:
Say again?
Murphy:
I think you should respect their questions just as much as mine.
Harris:
Ah, I’m not answering your question either. Go on.
Murphy:
I'm sorry. No, I will continue then.
Harris:
I'm not going to answer it. You continue...
Murphy:
I'm going to continue. So all of your…
Harris:
You cannot film me. You cannot film me.
Murphy:
Yes, I can.
Harris:
No, you can’t. This is a two party (consent) state.
Diaz:
Harris then invoked Maryland's wiretap law, which prohibits recording private conversations without consent. The law generally applies to phone calls, video conferences, in-person meetings, and other communications where there's a reasonable expectation of privacy. It has rarely, if ever, been invoked by a public official holding a press conference in a public forum.
Harris:
I am not giving you authority to film me….
Murphy:
You have invited the press into a…
Harris:
I'm disinviting you. No, you're- You're gone. You're gone.
Another reporter:
Are you asking a member of the press to leave?
Diaz:
Despite Harris's objections, Murphy persisted, recording along with a gaggle of a half dozen other journalists.
Murphy:
Okay. So you said that you wanted the ….
Harris:
I'm not answering questions from you.
Murphy:
You said that you wanted…
Crosstalk ensues….
Harris:
You do not have my permission to record. If you record, we will refer you to the prosecutor.
Murphy:
Everyone here is recording.
Harris:
But you are not allowed to. We are in a two-party state. You are not allowed to record.
Murphy:
Why am I not allowed?
Harris:
Excuse me?
Murphy:
Why am I not allowed to?
Harris:
Because I refuse to give you permission to do recording.
Murphy:
If everyone else in this room…
Harris:
It doesn't make it...
Murphy (to another reporter):
Can you please hold my phone?
Harris:
Do you know the law?
[Break to Lucy Dalglish, law professor and former dean at the University of Maryland's Philip Merrill College of Journalism]
Lucy Dalglish:
Maryland's two-party consent law is designed to make sure that a private conversation is not recorded while someone has a reasonable expectation of privacy.
Diaz:
That's Lucy Dalglish, an expert in media law at the University of Maryland's Philip Merrill College of Journalism.
Dalglish:
I've never heard anyone invoke this law in this way at a press conference. It seems counterintuitive. Secondly, when everybody else is recording, you can't single out one reporter and say, "Turn yours off or I'm going to have the police out in the hallway arrest you." That's ridiculous. It sounds to me like the Capitol News Service reporter stood her ground and knew the law far better than the congressman did.
Diaz:
Having threatened to eject a journalist and have her prosecuted for a wiretapping violation, Harris abruptly ended the press conference.
Harris:
Take her camera. You're going to have to take her camera. She is violating the law. In fact, get an officer in here. She's violating the law on two party recording.... She needs my approval... Makes no difference whatsoever.
Another reporter:
We are in public.
More crosstalk ensues.
Reporter:
Congressman Harris, what do you have to say….?
Reporter:
Congressman, you said you supported the First Amendment. What does this say about that?
Harris:
All right guys…- Se's ruining all your chances to get answers about anything.
See y'all.
Diaz:
And with that, he left the building.
For Delmarva Public Media, this is Kevin Diaz in Cambridge.
