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April 09, 2013

Comments

Marc, why don't you use your super lawyer powers and tell us if this recording would be illegal if a mole was present in the meeting with a recording pen in his pocket, as opposed to hidden wiretaps being planted?

[Marc's Reply: It is my understanding that under the Omnibus Crime Control Act the secret recording of conversations between non-consenting persons is a criminal act. There are exceptions. For example, in a two party conversation the consent of only one party is required. Also, there are many new exceptions under the Patriot Act and other modifications to the 1968 law concerning emergency situations. But, if someone was in the room, with a recorder and obtained a recording of conversations between two other people who had not consented, IMHO that would be a criminal act. Thanks for the comment.]

Really? I seem to recall that Nixon also hired a plumber to break into a hotel with a now famous name to bug the Democrats.

But this isn't Nixonian?

[Marc's Reply: No, actually there was no "plumber". That was a name used by a small group of people who were later implicated in the Watergate Burglary. It had become quite clear to a number of people in the Intel divisions that a former military analyst, Daniel Ellsberg, had in 1969 released top secret documents to the press (later called the Pentagon Papers) and that he had connections with communist enemies of the United States. Without Nixon's knowledge a small group of men broke into Ellsberg's psychiatrists office looking for evidence with which to impeach him. It was later determined that the evidence of treasonous behavior was being held in a safe location inside the Watergate Hotel within the democratic headquarters. Again, without Nixon's knowledge, the burglary was arranged to find those papers. As G. Gordon Liddy has said, we were at war with communist infiltrators inside the United States, had good evidence that the DNC was being funded in part by Cuba and that this was a matter of national security. No one has pegged Nixon for being behind any plan to install wiretaps inside the McGovern headquarters. Nixon was brought down on the basis of tape recordings in his own office, on a system he had installed himself. It was his agreement to defend the burglars and others because he was convinced that they were patriots that resulted in his resignation. He only learned of the crimes after the fact. It was the 'cover-up' that ran him out of office. Thanks for the comment.]

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