-Caveat Lector-
Trip might be immoral, and in short, very accurately portrayed by
John Goodman in his SNL role playing her, but she sure didn't
seem to break the the letter of any law?? I think it's rather
obvious what's going on, no?
As per below, contradicting this is what Jim Ross said about the
legality of taping in Maryland. I wonder if he stands by this
analysis:
Found on Dejanews:
July 21, 1998
By John McCaslin
THE WASHINGTON TIMES
Federal tape
Every news report that James A. Ross reads leaves him
with the impression that taping telephone calls in Maryland is
legal only if all parties consent; and therefore, Linda R. Tripp
broke the law when she recorded her telephone conversations with
Monica Lewinsky.
"I wonder who does legal analyses for all those people," asks
the director of the Ross Group, a privacy and security outfit
based in Washington.
"Yes, Linda Tripp was recording calls while in her Maryland home;
and yes, Maryland law requires all-party consent," Mr. Ross
agrees.
"However, the calls were not made within the state of Maryland.
They were interstate calls made between [Washington] D.C. and
Maryland, and therefore the federal law applies, not state law.
And federal law allows taping when one party consents."
Mr. Ross knows. He's been called to state and federal courts as
an expert witness in civil and criminal cases involving the same
laws now in question in the Tripp-Lewinsky recordings.
"Further," he admits, "I have regularly acted upon my
convictions. While I lived and worked in Maryland, I recorded
many interstate calls without the knowledge or consent of the
other party."
So, as the Maryland state prosecutor continues to collect
evidence surrounding Mrs. Tripp's tapes, which it will ultimately
present to a state grand jury, Mr. Ross provides us with his own
analysis, "not the recitation of some abstract theory by some
unconnected academician," he adds.
"It was perfectly legal," he finds, "for Linda Tripp to record
her telephone conversations without Miss Lewinsky's knowledge or
consent."
--end forward--
To say that this indictment is outrageous and insupportable is
putting it mildly.
I thought I had read somewhere some time ago, that federal law
would have applied to Tripp if State law was not as harsh. After
looking around a little, I located a passage from this site
[below] that seems to say what I had thought I had understood;
http://www.pimall.com/nais/n.tel.tape.law.html>
The federal Omnibus Crime Control and Safe Streets Act of 1968,
18 U.S.C. Sec. 2510 et seq., prohibits the willful interception
of telephone communication by means of any electronic,
mechanical, or other device without an applicable exemption.
There are two principal exceptions:
Federal Exceptions
Consent: In the absence of more restrictive state law, it is
permissible to intercept and record a telephone conversation if
one or both of the parties to the call consents. Consent means
authorization by only one participant in the call; single-party
consent is provided for by specific statutory exemption under
federal law. 18 U.S.C. Sec. 2511(2)(d).
"Business telephone" exception
[..]
----------------------------------------------------------
... with the key words being "In the absence of more restrictive
state law". ???
=================================================================
Kaddish, Kaddish, Kaddish, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
=================================================================
DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing! These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://home.ease.lsoft.com/archives/CTRL.html
http:[EMAIL PROTECTED]/
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
