Shocked, Shocked To Find Taping In the Attorney General’s Office

Joe Mathews's picture
Journalist and Irvine senior fellow at the New America Foundation. He is co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010).

I am shocked, shocked, shocked to discover a press spokesman taping on-the-record conversations between his boss and reporters.

This sort of recording took place only just about every time I interviewed a politician during the 2008 presidential campaign. And during the 2003 gubernatorial campaign. And during most high-profile campaigns for office. And during any number of impromptu press availabilities in the state Capitol. Such taping, after all, is only legal in 38 states of the 50 states, so such an obviously illegal act truly is outrageous. For someone to record such conversations over the phone now, as former Jerry Brown spokesman Scott Gerber did... Hey, did I mention I was shocked?

And I totally share the outrage on both left and right over the attorney general's investigation, which was so cursory that it only released 93 pages of transcripts and emails that, in the effort to cover up this terrible crime, revealed that Brown's chief deputy Jim Humes had advance warning of at least one of the tapings.

On the left, when the good folks at Consumer Watchdog demand a thorough investigation, I completely agree 100 percent. Because this taping was revealed when the attorney general's office wrote a ballot initiative title and summary differently than they would have liked, which is particularly outrageous because this is the attorney general's constitutional duty and the constitution puts this responsibility in the hands of an elected official so that it won't be tainted at all by politics, I'm quite sure.

And on the right, when conservatives and Republicans gubernatorial candidates demand investigation of this taping, I agree with them too and am angered on their behalf when cynics suggests that these calls for investigations are trumped up and motivated by politics. It's particularly outrageous that the attorney general's office is investigating investigative, secret-camera taping of ACORN folks saying some bad things, and I, like my friends on the right, am hugely and pre-emptively outraged at the results of an investigation that hasn't been completed.

And I share the anger of my fellow journalists at this terrible violation. The insult is even worse because of the attorney general's report, which outrageously establishes a clear precedent permitting journalists to tape their on-the-record conversations without the consent of others. This new journalistic freedom is a terrible breach in a simply fantastic state law that would put journalists in jail for recording conversations without the consent of all parties and/or for reporting on conversations that other people recorded without consent. Let's hope that there aren't any more breaches in this law, which we as journalists must fight to uphold.

Most of all, I'm frustrated with those pointy-headed thinking people in the foundations and the think tanks and the editorial pages who would wonder why all of a sudden there's this big fuss about some taping when the state of California is a fiscal and political wreck. Where are these people's priorities? I mean, who cares that the state is such a basket case that it had to give an extra point to buyers in its most recent bond sale? That's trivia. And why do those eggheads and goo goos keep talking about budget and constitutional reforms that don't poll well when we have very serious matters of taping by a press spokesman being revealed?

The myopia of these people who focus on fixing this state while possibly illegal tapes are made is just shocking.



Please note, statements and opinions expressed on the Fox&Hounds Blog are solely those of their respective authors and may not represent the views of Fox&Hounds Daily or its employees thereof. Fox&Hounds Daily is not responsible for the accuracy of any of the information supplied by the site's bloggers.