r/law • • 7h ago

Other Republican Rep. Andy Harris incorrectly told a reporter they were breaking the law as the reporter and others recorded an exchange with him last night. Harris had just wrapped up a debate with Democratic challenger Dan Schwartz

3.0k Upvotes

399 comments sorted by

•

u/AutoModerator 7h ago

All new posts must have a brief statement from the user submitting explaining how their post relates to law or the courts in a response to this comment. FAILURE TO PROVIDE A BRIEF RESPONSE MAY RESULT IN REMOVAL. Please post your statement as a reply to this automated message.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

→ More replies (1)

523

u/templeofsyrinx1 7h ago edited 7h ago

Republican US House Rep. from Maryland Andy Harris lashing out at reporters being totally wrong about the law on recording in public after a debate with a democratic challenger after he got asked a question about the 2026 Iran War

217

u/sashamasha 7h ago

I don't' know who he is. Something tells me though he is on the backfoot if he has a problem with someone recording him at what is obviously some sort of press briefing.

188

u/bigmike2k3 7h ago

He is just mad he got laughed off the stage right before this…

77

u/Batmom207 7h ago

His face is pretty red. Guessing his BP was pretty high, too.

42

u/gogogadgetdumbass 4h ago

He’s the biggest idiot in Maryland. He’s a MAGA republican who’s 99% about to be primaried and the reason we are trying to change our redistricting rules here. This is very on brand for him, being loud and wrong.

3

u/HahaRiiight 4h ago

Can’t be - he’s at least a congressman! the people that voted for him, on the other hand…...

2

u/gogogadgetdumbass 4h ago

Touché. Thankfully I don’t live in his district! Hopefully no one does in a few months lol he’s gotta go!

2

u/timoumd 46m ago

99% about to be primaried

What?  He easily won his primary and will probably win the general election despite this.  Maryland is already gerrymandered and as many Republicans as they could fit under the current rules are in his district.

→ More replies (1)

20

u/ScarletJew72 5h ago

I'm unfortunately in his district. He was always an awful Republican rep, and has recently found a way to be even worse by implementing the Rump playbook.

20

u/farmerjoee 6h ago

I thought the same thing. He’s up for reelection, but he’s polling pretty well. Still, he’s obviously insecure.

12

u/ScarletJew72 5h ago

His discrict is very red in a blue state. This is after a debate, and he can't handle being challenged.

16

u/Anywhere-Due 4h ago

He’s the incumbent and not even getting caught trying to bring a gun into congress was enough to get him ousted. His constituents are already saying “sometimes journalists go too far”

→ More replies (1)

59

u/SomeRandomRealtor 7h ago

This after telling a crowd he has first amendment rights because they laughed at him.

9

u/gdg6 6h ago

That’s a bingo

76

u/not_the_fox 7h ago

He's acting like this because he's already done it to a less powerful journalist

https://www.orlandosentinel.com/2019/03/25/maryland-student-pleads-guilty-to-wiretapping-after-livestreaming-meeting-at-rep-harris-office/

The courts need to limit these two-party consent laws under the first amendment. They are being abused.

34

u/Ok_Wolverine6557 5h ago

It doesn’t apply to a public conversation. They are for recording private conversations. Even a private conversation that is loud enough for others to hear isn’t covered by that law per the MD Supreme Court. He’s just full of it.

18

u/not_the_fox 5h ago

I'm just explaining why he is so confident about doing this. It shouldn't have even applied to the student in my link but he succeeded then. They were too scared to fight it. Community service vs 2 felony charges. That is corruption of justice.

8

u/Vadered 4h ago edited 4h ago

I hate to say it, but I think that case was technically correct (though actually filing charges was massive overkill). Your office is not a public space, and you and your staffers have the right to insist that any conversation there remain private.

This case is very different. It's a public press conference in a public hallway in a public building, and there's no reasonable expectation of privacy, and the Representative is absolutely full of shit in calling foul.

2

u/Ok_Wolverine6557 4h ago

He should have contacted the ACLU.

2

u/Alpinab9 2h ago

Yes, and also this privacy standard does not apply to government employees, let alone in a public forum.

→ More replies (1)
→ More replies (1)

3

u/MadAstrid 3h ago

Shortly after he had a hissy fit when his constituents laughed when he lied to them. Dang, republicans are special. They know they are lying but melt down when it is noticed. Any intelligent liar would be better prepared.

9

u/Comfortable_Coffee4 6h ago

Unfortunately the polls say that he is going to win

10

u/templeofsyrinx1 6h ago

you can watch the full debate here that this is from

https://www.youtube.com/watch?v=kdGO0fge_HM

12

u/TheDrummerMB 6h ago

Skipped to 31:40 by chance and he's screaming at an audience member. Jeez.

13

u/RoyalMaidsForLife 6h ago

His staffers yell at constituents calling in with issues, it's part of his culture.

11

u/templeofsyrinx1 6h ago

oh yeah. this was a pretty wild debate

8

u/stillavoidingthejvm 6h ago

Those people don't want to be saved.

168

u/RockDoveEnthusiast 7h ago

his dad was a Hungarian Nazi. and everyone in his state hates him except his own district. and even they only vote for him because he has an R next to his name.

40

u/templeofsyrinx1 7h ago edited 7h ago

he'll sadly get re-elected easily. Maryland's eastern shore is super conservative where he is running. MD 1st congressional.

24

u/couldbeahumanbean 7h ago

This guy seems like a halfwit. Can't they find someone better to represent their conservative values?

I have political values, but if the guy representing me is an idiot, I'd vote for someone else. Isn't that what primaries are for?

24

u/Difficult_Key_5632 6h ago

Good luck finding a non idiot in a Republican primary.

8

u/couldbeahumanbean 6h ago

Kinda sad that it's turning out this way.

What's that say about the Republican electorate?

6

u/DarkGamer 6h ago

They are America's shame.

14

u/templeofsyrinx1 7h ago

not good optics for sure, but look at who he supports...he is a super Trumper, he's trying to do the same sort of schtick and they eat it up

4

u/couldbeahumanbean 6h ago

I get it... In a way, but I certainly wouldn't want a legislator who is so completely ignorant of the law.

This is just crazy.

3

u/RockDoveEnthusiast 6h ago

it's maryland. there are precious few Republicans to go around. plus, the GOP purged everyone who wasn't ride or die for Trump, which definitionally leaves only the idiots.

2

u/trapper2530 2h ago

Let's not act like him being a descendants of nazis isnt a positive in his parties eyes.

→ More replies (2)

381

u/Greenmantle22 7h ago

He's not a lawyer. He's a LAWMAKER.

And he's not very good at that.

50

u/PurpleToedUnicorn 7h ago

He's in a gerrymandered district that will re-elect him, though

13

u/Greenmantle22 6h ago

They’re about to rejigger it to take it away from him.

4

u/Ozymandias12 4h ago

I don’t know about that. The amendment that’s up this election is worded terribly on the ballot and the polling shows it going down, most likely because of that

→ More replies (1)

18

u/Slade_Riprock 5h ago

His understanding of the two-party aspect of recording is misguided. It does not include situations in which a person would have no expectation of privacy such as a press conference. Plus a legislator acting in a visual capacity has less of an expectation of privacy in the execution of their role as a legislator. And last but not least when you are standing in front of a bunch of people in which you have given your consent to be recorded by and then claim you don't get your consent to a single person doesn't quite pass the bar either

7

u/that_star_wars_guy 5h ago

It is always possible he is that stupid, yes. I contend he was doing that as deliberate obfuscation of the issue when cornered, not as a good faith response.

15

u/RICO-Them 7h ago

i aM a LeGIslAToR

12

u/RecentDecision2329 7h ago

They are in public and it’s an impromptu press conference. He just doesn’t want to and we the questions about how horrible he is

5

u/1HappyRoadrunner 6h ago

He is very good at melting down, though.

19

u/rygelicus 7h ago

That's always baffled me. Seems like law makers should at least have law degrees. Alternatively, any new proposed legislation should be required to first pass through a legal review before even starting the debates and voting processes.

31

u/aaronhayes26 7h ago

I would actually contend that we need far fewer lawyers in Congress, and more doctors, engineers, scientists, writers, etc.

6

u/rygelicus 7h ago

No argument, that would certainly help. I did add an alternative that no one is reading though. A review board of sorts of lawyers to make sure a new proposed law is actually valid and legally aligned with the constitution and legal norms of the country.

9

u/unshod_tapenade 7h ago

Not to be overly cynical, but we have these: they're called courts. That said, I agree with the spirit of your comment.

2

u/00owl 5h ago

Lawyers are not at all any more virtuous than any other profession.

The employment standards code here has an explicit carve out so that law firms don't have to pay overtime to students.

Who do you think wrote that law?

→ More replies (3)

58

u/r3dk0w 7h ago

no need to gatekeep making laws by requiring a law degree. That removes the ability for the majority of the citizenry to be elected to a lot of positions.

12

u/navyac 7h ago

Exactly then you just have a bunch of rich elites at the top, kinda like now…..

→ More replies (12)

3

u/discgman 6h ago

Darlene Graham has entered the chat

10

u/Greenmantle22 7h ago

That’s just what America needs. 🙄

MORE lawyers. MORE groupthink. MORE gatekeeping the power structures.

7

u/Dr_jtcrater 7h ago

I think you could make a good argument that morally-bankrupt, bad-faith lawyers are close to—if not at the very top—the top of the list of “reasons why the Republic is failing”.

2

u/lmaberley 7h ago

I don’t know if more lawyers is a good idea but less knobs like that guy would nice.

2

u/Ok-Shoulder-9703 7h ago edited 7h ago

Why would you need a law degree to make laws? That makes no sense. A law is just an agreement.

Enforcing and interpreting laws should have degrees of varying levels sure.

2

u/Fantastic-Buddy2069 7h ago

They should all have educated background in law. Understanding law is key in making them. How is that not common sense?

2

u/yahblahdah420 7h ago

It’s not common sense it’s defying centuries of legislative tradition and deeply elitist

→ More replies (7)
→ More replies (3)

103

u/Zealousideal_Order_8 7h ago

The behavior of a person who just flushed their candicacy down the toilet.

38

u/lotsalotsacoffee 7h ago

Unfortunately, he's projected to win. Harris represents MD's Eastern Shore, which trends Republican.

11

u/Batmom207 7h ago

And we all know how Republicans like to jump the 1A and just start with the 2nd.

43

u/TheFoxsWeddingTarot 7h ago

This guy is not cut out for public office.

22

u/Matt7738 7h ago

Which is why he’s running as a Republican

12

u/ThePensiveE 7h ago

Or polite society.

62

u/brickyardjimmy 7h ago

He's having quite the hillbilly freakout.

15

u/canwehavepotatojokes 7h ago

The louder I am the righter I am!

3

u/Batmom207 7h ago

Sounds like T-shirt material to me.

→ More replies (2)

62

u/Financial-Exit2488 7h ago

Republicans rarely know the law. All they know is what they feel.

25

u/not_the_fox 7h ago

5

u/bootup25 6h ago

So does this mean news reporters can no longer report the news?

7

u/suckercuck 4h ago

No, conversely I think it means this that this asshole is also an idiot.

8

u/buried_lede 4h ago

Not only that he singled her out, everyone else was allowed to record. That’s a 1st A violation in itself. And she was obviously the only real journalist there. She asked the questions.

Was that his private living room? Is the world his private living room? What an ass

4

u/bootup25 4h ago

He may be an idiot but he did successfully get someone charged for it

4

u/suckercuck 4h ago

We definitely agree that he’s an idiot.

2

u/Puzzleheaded_Ad_3507 2h ago

The REAL Law does not exist in Trump’s make believe world. Where he uses it as he sees fit.

4

u/not_the_fox 5h ago

The DAs office convinced him to take community service instead of fighting two felony charges. This is another example where plea deals are used to make it unreasonable to insist upon your innocence. Even innocent people are motivated to plead guilty. Plea deals need to be limited to be significantly related to the charges being pressed at trial. It's not reasonable to expect an innocent person to take their chances at trial when it could result in totally different and more severe charges.

This ultimately deprives everyone of their rights as it incentivizes defendants not to assert them at trial.

3

u/buried_lede 4h ago

Holy shit

2

u/not_the_fox 4h ago

Yeah it pissed me off so much back then that when I saw "Andy Harris" and threatening someone with two-party consent laws it rang a bell deep in my psyche.

→ More replies (1)

7

u/ArchonFett 5h ago

And when they do know it, they are counting on others to not now it, so they can break it as they feel like it, but still hold others accountable.

5

u/RMST1912 7h ago

Ironic

→ More replies (1)

28

u/Dont-be-a-smurf 6h ago

Just so people know the law on this:

Whether it is a one party or two party consent state is irrelevant for this circumstance.

Those restrictions only apply if one has a privacy expectation that is objectively reasonable to society. Basically, if you’re speaking openly or in public, then you cannot claim someone is violating your privacy rights by recording your statements or listening/engaging.

If there was an expectation of privacy:

In one party consent states, one party of the conversation can record it.

In two party consent states, all sides of the conversation (can be more than two) must consent to the conversation being recorded.

In no state can a third party record a private conversation unbeknownst to the speakers (outside of police warrant wiretapping circumstances).

But neither were relevant here.

6

u/vanman2019 4h ago

Its honestly so concerning that he misunderstood the law to this extent and was escalating in public about it. Like even as a normal citizen how could anyone go about their everyday life believing people can’t record them in public without explicit consent? Haven’t we all seen like 10 million cop bodycam videos of botched arrests based off this misconception at this point?

And this guy “writes” the laws 🤦🏻‍♂️ we are cooked

3

u/kobrakai1034 3h ago

He did not misunderstand anything. He knows he’s wrong but he’s just bluffing and bullying.

→ More replies (1)

10

u/gdg6 6h ago

Maryland Wiretap Act, where this is codified, explicitly applies to “private communications.”

4

u/HLOFRND 3h ago

The fact that he wanted her arrested is terrifying.

2

u/_jump_yossarian 2h ago

Are you sure? He's a legislator and says he knows the law!!!

18

u/Widespreaddd 7h ago

I thank her profusely. Now let’s spread this shit.

15

u/Matt7738 7h ago

He’s salty after getting his ass kicked in a debate.

7

u/here4daratio 5h ago

‘You are rude!’

His response to the crowd laughing at his absurd claim the Democrat policies, not the Iran attacks & response, have raised gas prices.

16

u/Spamsdelicious 6h ago

Get an officer on that loser. Intimidation of the press, threats of forceful deprivation of rights under color of law, false reporting; these are all crimes, d-bag.

10

u/DarkGamer 6h ago

This guy is embarrassing.

10

u/GreyBeardEng 6h ago

"I know the law!" says guy who trained as a anesthesiologist.

22

u/Rattus_NorvegicUwUs 7h ago

“It’s a two party state”

Coming from the man working for people who want to make it a one-party nation.

11

u/Zealousideal_Pop_273 7h ago

I think you're maybe making a clever joke and I'm misinterpreting, but to clarify for anyone else who might be taking it literally...

The one vs two party consent the representative is refering to are not political parties, it's participating parties in a conversation. Maryland requires all participating members of a private conversation to provide consent to being audio recorded.

That said, he is an employee of the public, having a public conversation, discussing public policy, at a public forum. Which is maybe the most enshrined expression of the First Amendment one could encounter.

10

u/CentennialBaby 7h ago

Is that sweat on his brow? Or is that snowflake melting ?

9

u/Jack-Schitz 4h ago

Yeah, buddy that's not how that law works.

So many fucking idiots....

4

u/No-Beginning-9220 3h ago

And so little time.

8

u/YouWereBrained 4h ago

He said that so people would be distracted by the fact that he wouldn’t honestly answer questions.

6

u/Widespreaddd 7h ago

Can we get that on the local news?

5

u/ConditionNormal123 7h ago

It's on the cable new networks

4

u/Merijeek2 6h ago

Soon to be known as Andy "Streisand Effect" Harris.

5

u/respectablepitch 5h ago

What a pretentious DICK

→ More replies (1)

5

u/HombreSinPais 5h ago

Hope they don’t elect this weak little man.

4

u/OkNobody8896 7h ago

Retraction coming in T-minus ♾️

4

u/Spare-Ant7119 6h ago

That is what we call a fascist. He needs to be 86ed ASAP.

2

u/steppingstone01 6h ago

Lock him the fuck up.

2

u/retiredagainstmywill 3h ago

If I were able to vote for this guy, and I was an asshole cultist who was ruled by fear and hate and ignorance… he’d be my guy.

4

u/beavis617 7h ago

They should have brought in law enforcement to settle the matter.

21

u/mkt853 7h ago

They would have arrested the lady and charged her with wiretapping, disturbing the peace, and obstruction of government administration. Cops aren't interested in playing roadside lawyer. They operate under an arrest now let the legal system figure it out later mode.

6

u/Matt7738 7h ago

She’d be lucky if they didn’t shoot her

3

u/Batmom207 7h ago

Ah, another log for her massive lawsuit fire. 🔥

7

u/mkt853 7h ago

You'd hope a prosecutor would immediately drop the charges and the jurisdiction would kick her a $10k quick settlement for her troubles, but in this environment where no one can ever be wrong I don't have much hope. I was glad to see Harris run away instead once more reporters in the gaggle started pushing back because it saved that lady any legal issues while Harris basically b1tchmaxed.

3

u/kank84 7h ago

Brave of you to assume they would know