NEA "Scandal": Secretly Taped Conversation Appears to Have Violated State Laws

Filmmaker and art community consultant Patrick Courrielche has made a quite a splash on conservative talk shows by releasing audio clips and transcripts of a conference call that occurred August 10. The purpose of call, which was attended by artists, NEA staff, White House Office of Public Engagement and members of United We Serve, was to discuss engaging communities in the ideas of service, health care, education, and energy and the environment through the use of art.

But he has not been been forthcoming about how he came to have the recorded conversations, which may be a way of invoking his right to self-protection, since recording that call was illegal in several states where the participants are based.

ABC News reports that Courrielche "secretly recorded" the call.

Courrielche's business is listed in Los Angeles, California; the business has a Los Angeles-based phone number. At least fifteen of the participants were calling in from California, which has very strict eavesdropping and communication interception laws, stating that all parties on the call must be informed and aware that the call is being recorded.

Three participants were from Pennsylvania and three from Illinois, states which have laws similar to California's.

Again no one asked for consent to record the call nor was consent given. To secretly record a conference call and then disseminate the information is clearly reprehensible and unethical at a minimum. It is an "ends justifies the means" mentality and a cavalier approach to the law that marked the practices of the previous administration. Whether Courrielche will be prosecuted for violating California law remains to be seen, but committing a crime in pursuit of exposing what possibly, just maybe, could be some kind of a violation is no small thing.

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Lisa Derrick is La Figa at Firedoglake.com

Follow Lisa Derrick on Twitter: www.twitter.com/lalisa93

Comments

[Nothing New]

It's amazing that the NEA-sayers of what PC did conveniently overlook the fact that taxpayers are paying for this garbage to promote the Obama Administration and breaking several laws themselves, which has far graver consequences. I beg you to tell me what the left would do if it were Bush doing this and what the reaction would be? Never mind that art is grossly misrepresented by politicizing it with propaganda (post-modern war era). Politics and art is like a fly in perfume. Patrick Courrielche is an American hero of exposing the corruption.

[Panola60]

This administration was trying to use the NEA, which is funded largely by taxpayers, to provide propaganda for their agenda. This is in direct violation of several laws PLUS it is highly unethical.

Good heavens, this administration is really, really corrupt.

[Lisa Derrick - Huffpost Blogger]

Two wrong don't make a right.

The call was recorded without permission or consent. Recording a call involving participants in CA requires the permission of both parties. PA and IL have similar laws.

Recall if you will an incident from 1996, as reported by the Media Institute, which involved a conversation accidentally overheard and recorded:

Rep. John Boehner was on his cell phone while driving. The call included Reps. Dick Army and Tom DeLay, and Speaker of the House Newt Gingrich. The participants discussed strategy regarding an expected Ethics Subcommittee announcement of Rep. Gingrich’s agreement to accept a reprimand and to pay a fine in exchange for the committee’s promise not to hold a hearing.

John and Alice Martin, who lived in Florida, were using their scanner and recognized Gringrich's voice, then tape recorded the call. On Jan. 8, 1997, the Martins personally delivered the tape to Rep. McDermott because he was the ranking Democratic member of the House Ethics Committee. McDermott released the tape to the media.

The Justice Department prosecuted the Martins, who pled guilty to violating the federal statute and paid a $500 fine. (http://www.mediainstitute.org/ONLINE/FAM2003/5-b.html)

There are more details in the SCOTUS blog (http://www.scotusblog.com/wp/conference-call-boehner-mcdermott-suit-back-before-justices/)

[Solitary Man]

Im really happy for you and I'm gonna let you finish but - all the BS left/right crap aside; this is a conflict of interest, wrong and illegal on many counts. what Yoshi did was wrong he was removed. if people of progressive persuasion can say government corruption is justified then our country is in for a rough ride... read the whole transcript... taste the wrong! Defending it by claiming it was illegal to tape the conversation? Ok this could possibly true, but please don’t lose site of the injustice done to the taxpayers here.
Use of a government funded agency to further an agenda isn’t the way to get things done.

[playback]

NEA Chairman Rocco Landesman sends the following statement to HuffPost:

Fact 3: This call was not a means to promote any legislative agenda and any suggestions to that end are simply false. Rather, the call was to inform members of the arts community of an opportunity to become involved in volunteerism.

Fact 4: Some of the language used by the former NEA Director of Communications was, unfortunately, not appropriate and did not reflect the position of the NEA. This employee has been relieved of his duties as director of communications.

Fact 5: This call was completely unrelated to NEA’s grantmaking, which is highly regarded for its independence and integrity. Artistic quality, excellence and merit are the guidelines for decision-making; favoritism or political affiliation plays no role in NEA grantmaking.

The NEA official, Yosi Sargent was demoted for his inappropriate "language". A punishment that fits the level of malefaction. It seems some conservatives will not be happy until there is a lynching. Yosi got a little carried away which lead to a small ethical breach; while Courrielche's partisanship carried him to the point of clearly breaking the law.

Where were these same cons when Bush was actually using tax payer dollars to produce highly partisan and false news reports,
Bush ‘planted fake news stories on American TV’

http://www.independent.co.uk/news/world/americas/bush-planted-fake-news-stories-on-american-tv-480172.html

[BethinIllinois]

So it apparently doesn't bother you that the NEA and the White House were strong-arming artists into supporting their agenda?

In the recording, don't forget, there's that little matter of the "specific asks" that were being ... asked! ... of the artists -- all, coincindentally! backing the Obama agenda.

I love the arts. But I'd prefer it be the artist's vision, and not Obama's.

Could you put a little bit of your outrage toward a White House that promised to be different, and better, and is probably worse?

[Matt Osborne - Huffpost Blogger]

"Strong-arming." What part of "please consider ways to promote health care, education, and green energy themes" is "strong-arming"?

How are health care, education, and green energy "Obama's vision"? Who is in favor of sickness, ignorance, and pollution?

There was no pressure on anyone in this call. Your outrage is artificial and misplaced.

[rasqual]

"There was no pressure on anyone in this call."

I agree. It was definitely one big, happy, cooperative, "it takes a village", collective family on the same page.