Did Roger Clemens Violate Federal Wiretapping Statute?

UPDATE NO. 2:  If you, like me, have 17 minutes of your life to waste, you can listen to Clemens secretly taped call with McNamee here.  Actually, in my opinion, McNamee comes off much better than Clemens.  I mean, what’s with Clemens acting like he cares about this guy’s kid when he knows he is taping the guy and then airs the tapre for the whole world in a manner that will ultimately by detrimental to McNamee’s sick kid.  The only reason I can think that Clemens and his lawyer aired this was because they knew it would be found out eventually through a subpoena or discovery request and decided they would prefer they put it out first with the best spin they could possibly muster.  Bizarre.

UPDATE: A friend has informed me that he believes there is an exception to the federal wiretapping statute that allows a party to the conversation to tape the call even without the other party’s consent. Still it’s a pretty shitty thing to do.

ORIGINAL POST: So the big news out in the world of sports is that Roger Clemens, last Friday, taped a phone conversation he had with his former trainer Brian McNamee. Clemens didn’t get much other than evidence of a ruined man who feels badly.

Yet, one angle that immediately jumps out at me is whether the taping of this phone call was legal in the first place.

Its hard to believe Clemens could mess this up with all the high paid legal advice he is receiving, but if the phone call was interstate and without McNamme’s consent, I believe the recording of it and the subsequent airing of it by Clemens’ attorney violate the federal wiretapping statute. Remember all the hot water Congressman McDermott got into for passing along a recording of a wiretapped phone conversation involving Newt Gingrich and John Boehner.

One Response to “Did Roger Clemens Violate Federal Wiretapping Statute?”

  1. Ol'Froth says:

    ALso depends on the state. For example, if Clemens had been in Pennsylvania when he taped that call, he’d have violated state law, as PA requires two-party, rather than one party consent.

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