[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[Extensions of Remarks]
[Pages E2087-E2088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      ON A MATTER BEFORE THE HOUSE

                                 ______
                                 

                          HON. JOHN A. BOEHNER

                                of ohio

                    in the house of representatives

                       Friday, November 19, 2004

  Mr. BOEHNER. Mr. Speaker, as many Members of the House know, I have 
been involved in civil litigation against another Member of the House, 
Mr. McDermott of Washington, for many years. That litigation has come 
to a conclusion of sorts, and because the litigation derives from an 
incident reflecting our own responsibilities towards each other as 
Members and, more centrally, to the institution of the People's House, 
I think it appropriate to report to the House why I initiated the 
litigation, my attempts to resolve it, and its latest developments.
  I bring to your attention an article titled ``McDermott Gets $600,000 
Tab in Leak of Illegal Phone Tape,'' from the October 29, 2004 edition 
of the Seattle Times. The article is generally accurate and 
comprehensive. Mr. McDermott has himself acknowledged leaking the 
illegally recorded tape to the media in the manner the article 
describes, and the quotations attributed to the federal district court 
judge hearing the case are accurate.
  Mr. Speaker, I want to underscore three things. First, I filed the 
suit to defend the principal that no matter our political differences 
or our party affiliations, we each owe a duty to each other and the 
House to honor the laws and rules that govern the House and our Nation. 
Laws matter. Rules matter. Oaths, such as the oath of confidentiality 
that the Committee on Standards requires of each of its Members, 
matter.
  Second, more than three years ago I tried to resolve the suit with 
Mr. McDermott. I had only three requirements: that he admit that what 
he did was wrong, that he apologize to the House, and that he make a 
small contribution toward a charity I would designate. These

[[Page E2088]]

were the only terms I insisted on. We met several times to discuss each 
of the matters. But for whatever reason, he felt he could not accept 
these terms, which appear now to be trifling when compared with the 
court's punishment.
  Third, I recognize that Mr. McDermott has every right to appeal the 
court's judgment and I would not suggest that appeal would be improper. 
But when the court's order for payment is final, he should pay it in 
full and at once. It's worth noting that this entire matter started 
with an ethics charge against the former Speaker, Newt Gingrich, which 
was resolved by fining him $300,000. To end that matter once and for 
all--both for himself and the House--Speaker Gingrich paid the fine in 
full. The House deserves the same kind of finality here.

                        [From the Seattle Times]

       McDermott Gets $600,000 Tab in Leak of Illegal Phone Tape

                            (By Alex Fryer)

       A federal judge in Washington, D.C., has ordered 
     Congressman Jim McDermott to pay $60,000 plus attorney fees 
     that could total more than $545,000 to a Republican 
     congressman who sued McDermott for leaking his cellphone 
     conversations to news reporters.
       In a harshly worded decision received by attorneys this 
     week, U.S. District Court Judge Thomas Hogan said McDermott's 
     ``willful and knowing misconduct rises to the level of malice 
     in this case.''
       It is unclear how McDermott, a Seattle Democrat, will pay 
     for the award if he decides not to appeal it further. He 
     turned down an offer to settle the case for $10,000 last 
     summer.
       McDermott's lawyers were reviewing the court's decision, 
     said his press secretary, Mike DeCesare.
       A popular liberal lawmaker in a safe Democratic district, 
     McDermott is expected to win re-election easily and has only 
     $45,000 in his campaign account.
       McDermott's legal-defense fund, formed in the late 1990s to 
     fight the lawsuit, has about $10, according to his office.
       Rep. John Boehner, R-Ohio, filed a civil suit against 
     McDermott in 1998. The case began with Boehner's cellphone 
     conversation in the parking lot of a Waffle House restaurant 
     in northern Florida.
       During a conference call with Republican leaders, Boehner 
     talked about the pending Ethics Committee probe of then-House 
     Speaker Newt Gingrich over the way Gingrich funded a college 
     course he taught via satellite through a tax-deductible 
     political-action committee.
       A Florida couple intercepted and taped the call and gave it 
     to McDermott on Jan. 8, 1997.
       At the time, McDermott was the highest-ranking Democrat on 
     the Ethics Committee, which handles complaints against 
     members of Congress.
       McDermott then leaked the tape to The New York Times and 
     Atlanta Journal-Constitution. The New York Times published a 
     front-page story Jan. 10, 1997, with the headline: ``Gingrich 
     is Heard Urging Tactics in Ethics Case.''
       Three days later, McDermott resigned from the Ethics 
     Committee after the Florida couple identified him as the 
     recipient of the tape.
       Gingrich later was fined $300,000 and reprimanded by the 
     House. He resigned his seat in November 1998.
       The couple who gave the tape to McDermott later pleaded 
     guilty to unlawfully intercepting the call and were fined 
     $500 each. The Justice Department has never pressed charges 
     against McDermott.
       Boehner sued McDermott, charging the eight-term lawmaker 
     violated state and federal wiretapping laws.
       McDermott won the first legal round when a federal judge 
     ruled his actions were protected by the First Amendment. The 
     case went up to the U.S. Supreme Court, which bounced it back 
     down to lower courts.
       In August, Judge Hogan determined McDermott ``participated 
     in an illegal transaction'' when he accepted the tape from 
     the Florida couple, and his actions weren't protected by the 
     First Amendment.
       Prior to the August ruling, Boehner said he was approached 
     by a lawmaker on McDermott's behalf to broker a settlement.
       In an interview during the Republican National Convention 
     last August, Boehner said he set three conditions for 
     McDermott: a $10,000 donation to charity, an admission of 
     guilt, and a letter of apology to the Speaker of House. 
     Discussions broke down, and Hogan submitted his decision Oct. 
     22.
       ``The Court finds that (McDermott's) conduct was malicious 
     in that he intentionally disclosed the tape to the national 
     media in an attempt to politically harm the participants 
     through an invasion of their privacy,'' Hogan wrote.
       ``(McDermott's) argument that he was acting in the public 
     interest by exposing official misconduct is unsupported by 
     the evidence.''
       Boehner's office said a settlement now was out of the 
     question.
       ``This is full vindication of our view in this case,'' said 
     Boehner's chief of staff, Mike Sommers. ``We're looking 
     forward to getting this case behind us.''
       Sommers said Boehner spent about $545,000 in legal fees, 
     paid from his campaign accounts.
       ``It's all been referred to legal council,'' said DeCesare, 
     McDermott's press secretary. ``It's a legal decision, and it 
     needs to be analyzed.''
       McDermott's legal-defense account has paid about $350,000 
     in attorney's fees since the case began, and now owes $21,600 
     in legal bills, DeCesare said.
       Asked if McDermott would embark on a fund-raising campaign 
     to pay the legal bills, DeCesare replied: ``The only next 
     step is to let the legal team review the judge's decision and 
     make a recommendation. It doesn't make sense to speculate on 
     anything else.''

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