Rep. Andy Harris (R-Md.) lashed out at reporters after his debate Tuesday night, the Baltimore Banner reported, and the video they uploaded of the incident sent reporters rushing to fact-check.
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“You do not have my permission to record. If you record, we will refer you to the prosecutor,” Harris threatened reporters.
The debate didn’t go well for the lone Republican in the Maryland delegation. The Baltimore Banner noted that he “scolded” the audience during the debate with Democratic challenger Dan Schwartz.
“Everyone in here is recording,” the reporters told him.
“But you’re not allowed to!” he said, wagging his finger.
According to Harris, Maryland is a “two-party consent state,” which means it takes two parties to consent to being recorded. Harris said he didn’t consent.
One problem with that logic, according to veteran CNN reporter Jake Tapper, is that Harris was in a public place after a public debate.
“To say the very least on this, the congressman is incorrect on the law,” Tapper said. “Two-party consent is relevant only to private oral conversations, and he has zero expectation of privacy here. 1st Amendment gives you the right to record public officials in public places as long as you’re not interfering with their official duties.”
Even if Harris’ understanding of the law were correct, two reporters in that room could consent to recording.
It didn’t stop Harris, as reporters not only kept reporting but had a little fun with him as well.
“With due respect, this is a public forum,” a well-informed person in the room explained.
“Do you know the law?” Harris challenged without knowing the law himself.
“I’m no lawyer,” the person said. “Are you? You’re a doctor.”
“Yeah, actually I know the law well, because we have to,” he said, then put his hands on the reporter recording of their conversation. Being a legislator or thinking they “know the law” doesn’t mean that a person is a lawyer or could practice law.
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As a reporter asked him another question about the Iran war he motioned for someone off to his right to come and take her camera and her phone.
“In fact, I’ve got an officer — get an officer in here!” Harris ordered. “She’s violating the law on two-party — two-party recording. We need an officer.
“Isn’t that just for telephone communication?” another reporter asked.
“I don’t know the law but that’s just a recording,” Harris confessed. “Video and audio and video have two-party approval in Maryland. Now they may not have to have it in Washington, D.C. They have to have it in Maryland. She needs my approval to record.” In fact, she did not.
“Sir, we’re in public,” a reporter explained.
Harris went on to insist it didn’t matter whether people were in public or not. He then tried to make the argument that they weren’t in public.
He was then challenged about his saying he supported the First Amendment if he was trying to have reporters arrested.
“Alright, guys,” Harris said, pointing to the reporter while looking off to the side for someone to jump in.
“She’s ruining all your chances to get an answer about anything. See y’all,” Harris said and walked off.
The only public polling in the race has Harris leading by 13 points. It was, however, a poll from July, so any shifts since then are unknown at this time.
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