U.S. Supreme Court lets ruling against McDermott stand over taped Gingrich call

WASHINGTON — The long legal fight between two members of Congress over an illegally taped telephone call ended Monday when the Supreme Court refused to review the case.

The court left in place a federal appeals court ruling that Rep. Jim McDermott, D-Wash., acted improperly in giving reporters access to a recording of a 1996 telephone call of Republican leaders discussing the House ethics case against former House Speaker Newt Gingrich, R-Ga.

McDermott asked the justices to hear his appeal of the May ruling, which he said infringed on his free speech rights. The court did not comment on its action.

The decision upholds a previous court ruling ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $800,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $800,000 in legal costs for Boehner, who filed suit against McDermott nearly a decade ago.

But there is still a battle to come over what McDermott will ultimately pay Boehner. Both sides filed briefs this year in D.C. in a separate case focused only on the payments. But hearings on that issue, including one scheduled last month, have been postponed while McDermott and Boehner's lawyers awaited the decision by the Supreme Court.

The payment issue will likely get back on the docket in the Appeals Court, unless McDermott can negotiate a deal with Boehner.

McDermott has created a legal defense fund to pay his expenses in the case

Boehner's lawyer, Michael Carvin, said he was gratified at the court's decision, which he said vindicated Boehner's contention that McDermott "had no First Amendment right to disclose someone else's stolen speech."

Boehner also was glad the case was over after so many years, Carvin said.

McDermott said in a statement that he was disappointed the high court declined to review the case, but said he was proud of his actions.

"I knew when I asked the Supreme Court to review this case that the odds were against me," he said. "Nonetheless, I thought that the constitutional principles presented — the First Amendment protection of truthful speech and the separation of powers doctrine — warranted the court's attention. I pursued this case based on my belief in the people's right to know, and I continue to believe it was my sworn responsibility to vigorously defend that right."

The U.S. Circuit Court of Appeals for the District of Columbia, in a 5-4 decision, said McDermott's offense was especially egregious since he was a senior member of the House ethics committee at the time.

Boehner was among several GOP leaders heard on the December 1996 call, which involved ethics allegations against Gingrich. Then the House speaker, Gingrich was heard on the call telling Boehner and others how to react to allegations. He was later fined $300,000 and reprimanded by the House.

McDermott, who was then serving on the ethics panel, leaked the tape to two newspapers, which published stories on the case in January 1997.

Seattle Times Washington correspondent Alicia Mundy contributed to this report.