Friday, September 28, 2007 - Page updated at 12:00 AM
McDermott appeals call ruling to Supreme Court
The Associated Press
WASHINGTON — Rep. Jim McDermott filed court papers today asking the U.S. Supreme Court to decide whether he had a right to disclose contents of an illegally taped telephone call involving House Republican leaders a decade ago.
A federal appeals court ruled against the Washington state Democrat in May, saying he should not have given reporters access to the tape. McDermott's offense was especially egregious since he was a senior member of the House ethics committee, the U.S. Circuit Court of Appeals for the District of Columbia said in a 5-4 ruling.
But McDermott called the ruling an infringement of his First Amendment rights.
In a 28-page petition filed today, McDermott said the appeals court ruling flouts the authority not only of the Supreme Court, "but also of Congress, by adjudicating a violation of an internal House rule."
In its ruling, the appeals panel said that when McDermott became a member of the House ethics panel, he "voluntarily accepted a duty of confidentiality" and therefore had no First Amendment right to disclose the tape to the media.
The ruling upheld 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.
McDermott, who was then serving on the ethics panel, was given the tape by a Florida couple who had recorded the call. He leaked it to two newspapers, which published stories on the case.
The House ethics panel said in a report in December that McDermott had failed to meet his obligations as a committee leader by giving reporters access to the tape.
Copyright © 2007 The Seattle Times Company
![]()

- Ride-share cars: illegal, and all over Seattle
- Too early to claim Xbox defeat just from E3 buzz
- Everett may be left out of 787-10 plans
- Teen cyclist hit, killed in charity ride
- Report: NHL’s Phoenix Coyotes could move to Seattle if local deal fails
- Fasting woman to end attempt to ‘live on light’
- Seahawks’ offseason comfort index
- Supreme Court: Pre-Miranda silence can be used as evidence of guilt
- Weyerhaeuser pays $2.6B to snag Longview Timber
- Got a great buy on a cruise? That’s not all you’ll spend
- Game thread: Aaron Harang tries for better results in Anaheim
333 - Ride-share cars: illegal, and all over Seattle
155 - Sewage flood sends Mariners scampering, ends day on fitting note
106 - Everett may be left out of 787-10 plans
101 - IRS official contradicts claims about reviews
64 - Report: NHL’s Phoenix Coyotes could move to Seattle if local deal fails
63 - Court: Ariz. citizenship proof law illegal
54 - Court says pre-Miranda silence can be used
45 - Third start in four days for Mariners catcher Mike Zunino
43 - Mastros staying in France
38
- Got a great buy on a cruise? That’s not all you’ll spend
- Ride-share cars: illegal, and all over Seattle
- One tough old bird rules the parking lot
- Chambers Bay prepares for 50,000 golf fans and worldwide attention
- Weyerhaeuser pays $2.6B to snag Longview Timber
- Passengers missing flights because of Sea-Tac security lines
- Everett may be left out of 787-10 plans
- Fifth-grader’s poem wins national contest
- Report: NHL’s Phoenix Coyotes could move to Seattle if local deal fails
- WSU starts sperm bank for honeybees



