Rep. Andy Harris falsely tells journalist that recording him is illegal

Rep. Andy Harris, R-Md., berated a reporter Tuesday after an election debate, wrongly telling her that it was illegal for her to record his press conference and threatening to refer her to a prosecutor.

The exchange, captured in a video shared by The Baltimore Banner, became heated when Cat Murphy, a journalist for Capital News Service, asked Harris, who is seeking re-election, a question about the Iran war while recording him.

“You said that the war in Iran could have gone smoother and it could have gone better. What did you mean by that?” Murphy asked Harris in a room full of other journalists also recording the conversation.

But instead of answering her question, Harris repeatedly told Murphy that she did not have his permission to record him and threatened to refer her “to the prosecutor.” Harris invoked the Maryland law that “prohibits the recording of electronic communications unless all parties give consent.” That law, however, does not apply to journalists at news conferences, where there is no reasonable expectation of privacy.

“Everyone else in here is recording,” Murphy said.

“But you are not allowed to. We are in a two-party state,” Harris responded, and called for an officer.

“Why am I not allowed to?” she said, to which Harris replied, “Because I refuse to give you permission to record.”

Harris did not explain why he did not want that specific journalist to record his remarks.

Other reporters quickly came to their colleague’s defense, telling Harris that the setting was a public forum and that recording was allowed.

Murphy continued to ask Harris questions, as he demanded that someone take away her camera. Frustrated, Harris left the room, telling the other journalists on the way out: “Alright guys, she’s ruining all your chances to get an answer about anything. See y’all. Thank her. Thank her profusely.”

In a statement Wednesday, the Merrill College of Journalism at the University of Maryland, which runs CNS and where Murphy is a graduate student, said that “Merrill College students know their rights as journalists.”

“Cat recorded openly in a public space alongside other news outlets, and that is her legal right,” the college’s dean, Rafael Lorente, said, adding that he is “proud of how she handled herself in a difficult situation.”

Harris did not respond to MS NOW’s request for comment.

Harris, first elected to the U.S. House in 2010, represents Maryland’s 1st Congressional District, which covers the state’s Eastern Shore along the Chesapeake Bay, Harford County and some of Baltimore County. He had just finished a debate with his Democratic challenger, Dan Schwartz, before the news conference.

Adam Hudacek contributed to this report.

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