There are states in which both parties of a conversation have to consent to taping. I have no idea how that applies to group calls, but I suspect it just means you want to make sure that you taped in a jurisdiction where only one party consent is required. Or, you know, don't get caught.
I doubt O'Keefe made that legal mistake twice after setteling a lawsuit ( was it in California? ) because of the "all parties consent" law for recording conversations.
That's the lawsuit dishonest people parade around to falsely pretend O'Keefe "had to settle" for deceptively editing a conversation or lying. The lawsuit he was losing was for illegally recording without both parties consent.
He won all lawsuits claiming he misrepresented or lied.
If at least one of the callers was in such a state, even if not James, I wonder if it would hold up? Or if this would qualify as whistle-blowing or of public interest...
Obligatory IANAL, but I think the legality of the taping is based on where you record it. To commit a state crime, you have to be in the state where it's a crime. No, I don't think the fact that the other guy is in another state where he could legally tape the conversation exonerates you. No idea about whistle-blowing. Maybe there's an exemption somewhere.
My guess about the butthurt statement by CNN is they're at least partially bluffing. They go to a lawyer and say "hey this guy recorded this thing in NY; is that legal?" And he says "no". But really they have no idea where it was recorded.
The calls were obviously recorded by CNN.
It's not a question of the legality of recording the calls at all.
The only question of legality here would have to be whether it was legal that someone at CNN leaked them to Project Veritas, or Project Veritas publishing them.
They aren't investigating election issues, so they have plenty of time for O'Keefe.
https://twitter.com/JamesOKeefeIII/status/1333914759079616515
Thread credit: https://twitter.com/anangbhai/status/1333919910959984642
There are states in which both parties of a conversation have to consent to taping. I have no idea how that applies to group calls, but I suspect it just means you want to make sure that you taped in a jurisdiction where only one party consent is required. Or, you know, don't get caught.
I doubt O'Keefe made that legal mistake twice after setteling a lawsuit ( was it in California? ) because of the "all parties consent" law for recording conversations.
That's the lawsuit dishonest people parade around to falsely pretend O'Keefe "had to settle" for deceptively editing a conversation or lying. The lawsuit he was losing was for illegally recording without both parties consent.
He won all lawsuits claiming he misrepresented or lied.
If at least one of the callers was in such a state, even if not James, I wonder if it would hold up? Or if this would qualify as whistle-blowing or of public interest...
Obligatory IANAL, but I think the legality of the taping is based on where you record it. To commit a state crime, you have to be in the state where it's a crime. No, I don't think the fact that the other guy is in another state where he could legally tape the conversation exonerates you. No idea about whistle-blowing. Maybe there's an exemption somewhere.
My guess about the butthurt statement by CNN is they're at least partially bluffing. They go to a lawyer and say "hey this guy recorded this thing in NY; is that legal?" And he says "no". But really they have no idea where it was recorded.
The calls were obviously recorded by CNN.
It's not a question of the legality of recording the calls at all.
The only question of legality here would have to be whether it was legal that someone at CNN leaked them to Project Veritas, or Project Veritas publishing them.
I wouldn't say it's obvious that CNN recorded that call. My company has had calls with the CEO that weren't recorded.
"Shut the fuck up you stupid faggots"
Is the only correct response to that.
James O'Keefe's defense lawyer is gonna be HanAssholeSolo all grown up.
But it's not illegal for CNN to look at Snowden's content...