The Campaign Spot

Election-driven news and views . . . by Jim Geraghty.

Might Want to Check Kentucky Eavesdropping Law, Fellas.


Apparently they really meant this:

Much more important than, say, obeying Kentucky law. You see, Kentucky requires at least one party in a conversation to consent to the recording of the conversation.

“Unless otherwise provided by law, the authorized maximum terms of imprisonment for a Class D felony is not less than one (1) year nor more than five (5) years.”

A local Democrat has told the press that the organization bragged about that Class D felony.

secret recording of a campaign strategy session between U.S. Senator Mitch McConnell and his advisors was taped by leaders of the Progress Kentucky super PAC, says a longtime local Democratic operative.

Mother Jones Magazine released the tape this week. The meeting itself took place on Feb. 2.

Jacob Conway, who is on the executive committee of the Jefferson County Democratic Party, says that day, Shawn Reilly and Curtis Morrison, who founded and volunteered for Progress Kentucky, respectively, bragged to him about how they recorded the meeting.

I suppose the group could always try to distract us by saying something racist about McConnell’s wife again.

UPDATE: The tapers might be in the clear; it may come down to whether the recording device was in the room or outside of it.

In-person conversations: It is a felony to overhear or record, through use of an electronic or mechanical device, an oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020. According to the commentary included with the statute when it was adopted in 1974, a conversation which is loud enough to be heard through the wall or through the heating system without the use of any device is not meant to be protected by the statute, since a person who desires privacy can take the steps necessary to ensure that his conversation cannot be overheard by the ordinary ear. See 1974 Kentucky Crime Commission/Legislative Research Commission Commentary to 1974 c 406, § 227.

From the report above:

Morrison and Reilly did not attend the open house, but they told Conway they arrived later and were able to hear the meeting from the hallway.

Other sources have corroborated this series of events to WFPL. The meeting room door is next to the elevators on that floor. McConnell campaign manager Jesse Benton has told multiple media outlets the door was shut and locked on Feb. 2. But the door has a vent at the bottom and a large gap underneath.

Tags: Kentucky , Mitch McConnell


Subscribe to National Review