Justices Ends Congress Cell Phone Fight

W A S H I N G T O N, May 29 -- The Supreme Court effectively ended a lawsuittoday that pitted a Republican congressman from Ohio against Rep. Jim McDermott, D-Wash., over disclosure of an illegallyintercepted telephone call.

Rep. John Boehner wanted to sue McDermott for allegedlydisclosing a secretly recorded phone conversation among House GOPleaders in 1996. Without comment, the Supreme Court canceled a lower court'sruling that would have let Boehner's lawsuit continue. The justices directed the appeals court to resolve the disputein light of the high court's ruling last week that a radio hostcould not be sued for playing a tape that was made illegally. Like McDermott, the radio host who ultimately made theconversation public was not the person who made the tape. Boehner's attorney, Michael Carvin, said the facts in the twocases were distinct, and Boehner should still prevail. McDermott's lawyer, Frank Cicero, said it was too early todeclare victory because the appeals court still had to act, but heexpected the judges would agree that Boehner had no case. "I think it should be over," Cicero said. "I'm a littlesurprised that they are twisting and turning and trying to keepthis case going." Boehner alleged McDermott broke the law by leaking the contentsof the conversation. McDermott contended he cannot be sued becausehe received the tape from someone else. Boehner sued after a Florida couple used a scanner to record aDecember 1996 conference call in which Boehner, then-Speaker NewtGingrich and other House leaders discussed strategy involvingannouncement of an ethics committee finding against Gingrich. The couple gave the tape to McDermott, and the contents soonsurfaced in news stories. The couple later pleaded guilty tounlawfully intercepting the call and were fined $500 each. Boehner's lawsuit accused McDermott of leaking the tape inviolation of a federal wiretapping law that bars people fromdisclosing information they know was obtained by illegallyintercepting a "wire, oral or electronic communication."