Wednesday, November 11, 2009

Did Attorney General Jerry Brown's team do something wrong?

When Scott Gerber recorded six conversations with five different reporters secretly, the dubious action may not exactly been as Kosher as the rest of Governor hopeful Jerry Brown's team would like us to think.

The problem is that recording someone without his or her consent is against the law.  However, Gerber's actions were based on the theory that recording someone without letting the person know while being interviewed on the record is an exclusion to the rule.   HAHA, gotcha dummies!  He recorded your ass legally!

Well, not exactly, says Peter Scheeeeeeeeeeer, executive director of the San Rafael-based First Amendment Coalition, which advocates for press freedoms.  Flanagan v. Flanagan was a supreme court case that ended with the ruling that no person, under any circumstance, can be recorded without consent.

There's a great way to get people on your side, Jerry.  Fight for the fine black print, and protect what may possibly be a failed attempt at skirting the law (Gerber has since QUIT)  because what the people of California need now is some sneak ass politician fucking around with reporters.

California Penal Code Section 632 prohibits the recording of private telephone conversations without consent, and the state is one of 12 states that require notification of all parties prior to taping. 

These five recorded sessions were by no means isolated, but Gerber has already offered to contact all involved parties.  Should we get cynical and assume not all parties will ever be contacted?  Fuck it, we're just a blog so we're gonna call bullshit and move on.

Get your game on, Jerry Brown.  You old billy goat, shouldn't you know better by now?  This ain't the Nixon era anymore, you fool.  

Read the Sac Bee story here.