Report: Liberal group Progress Kentucky behind McConnell taping Update: Corn “Can’t say much now.”

posted at 2:41 pm on April 11, 2013 by Mary Katharine Ham

Which is, well, kinda what Sen. Mitch McConnell said yesterday. These are the same guys who sent out racist tweets about McConnell’s wife, Elaine Chao, and her Chinese heritage.

Local news in Kentucky is reporting, via a Democratic official, that Progress Kentucky is behind the secret tapes published by Mother Jones this week, which revealed McConnell operatives in the act of…running a campaign. The story immediately went viral in political circles, not so much for the videos’ content as for McConnell’s pushback. The Republican senator quickly went on offense, decrying the left’s “Nixonian-style” tactics, and turning the non-story of the videos into a headache for local Democrats. Which is why they’re now turning on each other to avoid blame:

A secret recording of a campaign strategy session between U.S. Senator Mitch McConnell and his advisors was taped by leaders of the Progress Kentucky super PAC, says a longtime local Democratic operative.

Mother Jones Magazine released the tape this week. The meeting itself took place on Feb. 2.

Jacob Conway, who is on the executive committee of the Jefferson County Democratic Party, says that day, Shawn Reilly and Curtis Morrison, who founded and volunteered for Progress Kentucky, respectively, bragged to him about how they recorded the meeting.

Conway says neither the local nor the state Democratic party had any part in the incident.

Conway says he outed them to protect the party. This story comes to you from the Louisville NPR affiliate. The two Progress KY founders declined to comment, but here is Conway’s version of their telling of how the tape came to be.

On Feb. 2, McConnell opened his campaign headquarters in the Watterson Office Park in Louisville and invited trusted GOP activists and select media outlets to an open house. The event lasted roughly two hours. Afterward, McConnell and several campaign advisors held a strategy session in an office meeting room.

Morrison and Reilly did not attend the open house, but they told Conway they arrived later and were able to hear the meeting from the hallway.

“They were in the hallway after the, I guess after the celebration and hoopla ended, apparently these people broke for lunch and had a strategy meeting, which is, in every campaign I’ve been affiliated with, makes perfect sense,” says Conway. “One of them held the elevator, the other one did the recording and they left. That was what they told to me from them directly.”

Political reporters, refreshingly, are in agreement in criticizing a liberal advocacy group:

As Allahpundit noted, it didn’t make sense to waste an actual bug on leaking this non-story, so the iPhone in the hallway scenario makes a little more sense. As for the timing of release two months after it was recorded, could it be that even Progress KY found this pretty ho-hum, but David Corn couldn’t contain himself after catching wind of it? Either way, not a confidence-building move for Progress KY or the left’s opposition to McConnell, especially since it centered on a person who’s not even in the race.

WFPL on the legality of the recording:

It’s unclear why Reilly and Morrison held onto the tape for so long. Kentucky law says it is a felony “to overhear, record amplify or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electric, mechanical or other device.”

But if the conversation was audible from a hallway, it’s disputable whether recording qualifies as eavesdropping.

Sean Spicer of the RNC chimes in:

In other legal news, liberal group CREW thinks McConnell is the one with the ethics problem.

A couple tweets from Democratic officials yesterday, just for fun.

Not so bizarre after all, DSCC employee Matt Canter:

LOL, Brad Woodhouse of the DNC:

Update: David Corn, the reporter of the original Mother Jones story, has no comment.


Related Posts:

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Leftists redeem Nixon, go figure!!!

Schadenfreude on April 11, 2013 at 2:44 PM

Well done Mitch for immediately fighting back and actually taking legal action.

THIS is how you win elections. We never saw this from McCain or Romney who just rolled over against Obama.

Daemonocracy on April 11, 2013 at 2:44 PM

Why is progress synonymous with POLICE STATE?

tom daschle concerned on April 11, 2013 at 2:45 PM

David Corn, the reporter of the original Mother Jones story, has no comment.

Translation: I’ve got my lawyer on the other line.

Happy Nomad on April 11, 2013 at 2:48 PM

Why is progress synonymous with POLICE STATE?

I was warned by liberal acquintences that if I continued to vote for GOP candidates, a police state was the future consequence.

Well I ignored them, and in retrospect, had no idea just how right they were.

hawkeye54 on April 11, 2013 at 2:48 PM

Doesn’t Corn spend almost every evening on “Nutball” giving his comments? Suddenly out of them now?

JR on April 11, 2013 at 2:48 PM

Leftists hate Asians. They besmirched McConnell’s wife too.

Schadenfreude on April 11, 2013 at 2:49 PM

Just another reminder that the leftist proggies are self-justified in any means to their ends. Forewarned is forearmed…

Ooops, ‘forearmed’ sounds violent. Just keep the maggies under 10 rounds and we’re good!

Marcola on April 11, 2013 at 2:50 PM

I hope they throw the book at them including corn…but it won’t happen dang it

cmsinaz on April 11, 2013 at 2:51 PM

Corn needs to spend some time in jail.

hawkdriver on April 11, 2013 at 2:52 PM

Leftists redeem Nixon, go figure!!!

Schadenfreude on April 11, 2013 at 2:44 PM

Well, Obama did issue an executive order to save Holder during the Fast and Furious contempt vote. The Left did defend Nixon during the Woodward-Obama spat. Now this? Interesting.

joekenha on April 11, 2013 at 2:54 PM

Isn’t the audio too good to have been recorded on an IPhone through a door?

Rumpole of the Bailey on April 11, 2013 at 2:55 PM

Jacob Conway, who is on the executive committee of the Jefferson County Democratic Party, says that day, Shawn Reilly and Curtis Morrison, who founded and volunteered for Progress Kentucky, respectively, bragged to him about how they recorded the meeting.

Conway says neither the local nor the state Democratic party had any part in the incident.

Of course the state Democratic party didn’t have any part in this. I mean the guys were only bragging to them THE SAME DAY IT HAPPENED. Obviously there is no connection at all between the Democratic party and Progress Kentucky.

This happened in February and the Democratic party just comes out about it now. He wasn’t worried about being assosciated with them. He is only worried that it is eventually going to come out since the FBI is involved in reviewing the surveillance tapes. If he truly thought this was wrong, he should have turned them in Feb 2nd when he became aware of the recording.

weaselyone on April 11, 2013 at 2:55 PM

It’s unclear why Reilly and Morrison held onto the tape for so long. Kentucky law says it is a felony “to overhear, record amplify or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electric, mechanical or other device.”

But if the conversation was audible from a hallway, it’s disputable whether recording qualifies as eavesdropping.

This was not some short tape that they made of a brief conversation. If you read the Mother Jones transcript, it is rather lengthy.

The Kentucky statute refers to ‘overhear[ing)’, which is eavesdropping.

As for the timing, that’s easy!

Most Dems in DC and KY did NOT want Ashley Judd to run for Senate. They trashed her on and off the record for months. Many even said that she was ‘unstable.’

In the tape, McConnell and his advisers are only agreeing with what Dems were saying on and off the record. It would not help Dems to release the tape until Judd decided not to run. Now, that she isn’t running, they can use the tape to argue ‘War on Women!’

Resist We Much on April 11, 2013 at 2:56 PM

The Republicans have become Kennedy Democrats.
The Democrats have become Nixon.

Good Lt on April 11, 2013 at 2:56 PM

Is Corn the genetic defect [typical of the Left], who doesn’t have any lips?

OhEssYouCowboys on April 11, 2013 at 2:56 PM

Why is progress synonymous with POLICE STATE?

tom daschle concerned on April 11, 2013 at 2:45 PM

Yeah, I guess it all depends on the definition of “progress” and “police”….

What is is is it???

redguy on April 11, 2013 at 2:57 PM

In the tape, McConnell and his advisers are only agreeing with what Dems were saying on and off the record. It would not help Dems to release the tape until Judd decided not to run. Now, that she isn’t running, they can use the tape to argue ‘War on Women!’

Resist We Much on April 11, 2013 at 2:56 PM

Good point.

Mary Katharine Ham on April 11, 2013 at 2:57 PM

FYI, ProgressKY is the same outfit that went after McConnell’s wife a couple months ago, so he was dead right about that. I had a suspicion at the time that it was being bankrolled either by Ashley Judd herself, or someone very close to her. I had a tussle with them on Twitter about Judd’s residency back in January, and they were very adamant in supporting her and tried to get me suspended from Twitter.

Somebody needs to tell those idiots they’re doing it wrong.

rockmom on April 11, 2013 at 2:58 PM

Corn cant reveal his source men
Winter can’t reveal her source jail time

cmsinaz on April 11, 2013 at 2:58 PM

Legal Fun fact: Ky. Rev. Stat. Ann. § 526.060Divulging info obtained thru illegal eavesdropping is a crime, punishable a misdemeanor

— Sean Spicer (@seanspicer) April 11, 2013

That may or may not apply to Corn depending on whether there are any press exceptions.

Resist We Much on April 11, 2013 at 2:58 PM

It’s unclear why Reilly and Morrison held onto the tape for so long. Kentucky law says it is a felony “to overhear, record amplify or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electric, mechanical or other device.”

But if the conversation was audible from a hallway, it’s disputable whether recording qualifies as eavesdropping.

I don’t buy this legal defense either. This meeting happened after the public opening of the campaign office. The scum from Kentucky Progress were not invited to the event preceding the meeting. They “snuck” in after the event had started and were lurking in the hallway after the event and thought they had stumbled onto a goldmine.

weaselyone on April 11, 2013 at 2:59 PM

Anybody talked to the “Spooky Dude”..?

d1carter on April 11, 2013 at 2:59 PM

How convenient those Progress Kentucky guys just happened to be in a hallway where they could hear and record this conversation. Yeaah, they better look out for their CORNholes.

Sekhmet on April 11, 2013 at 2:59 PM

Progress KY – it HAS to be associated with the Left’s penchant for homosexuals.

Right?

Am I wrong?

What?

OhEssYouCowboys on April 11, 2013 at 3:02 PM

Like leftist wouldn’t have gone after a rightie with mental problems. Judd, the bimbo bragged about being raped twice and campaigning against McConnell being akin to that. Apparently that was supposed to be off the table for McConnell though because Ashley was fragile or something. Are woman equal or not leftists? If they are then their history is fair game..

melle1228 on April 11, 2013 at 3:04 PM

Progress KY,sounds like some kind of gel.

docflash on April 11, 2013 at 3:06 PM

So a democrat ratted on some democrats to save the face of the democrats?

Conway says he outed them to protect the party.

Wait..what? How does that work?

HotAirian on April 11, 2013 at 3:09 PM

Morrison and Reilly did not attend the open house, but they told Conway they arrived later and were able to hear the meeting from the hallway.

What did they arrive for? The event was over. And they just happened to find the strategy meeting.

Not buying it.

BobMbx on April 11, 2013 at 3:09 PM

That may or may not apply to Corn depending on whether there are any press exceptions.

Resist We Much on April 11, 2013 at 2:58 PM

Corn didn’t make the recording, and it doesn’t look like he was involved in any way in the events that led to the recording. I don’t see how he would be culpable under the law if all he did was receive the recording after the fact. Not making excuses for the slimy bastard, this really is a non-story and nothing but a desperate attempt to smear McConnell, but mustn’t he be involved in some way in making the recording to be culpable?

NotCoach on April 11, 2013 at 3:13 PM

Corn didn’t make the recording, and it doesn’t look like he was involved in any way in the events that led to the recording. I don’t see how he would be culpable under the law if all he did was receive the recording after the fact. Not making excuses for the slimy bastard, this really is a non-story and nothing but a desperate attempt to smear McConnell, but mustn’t he be involved in some way in making the recording to be culpable?

NotCoach on April 11, 2013 at 3:13 PM

Under Kentucky Law it is a misdemeanor to divulge info that was illegally obtained:

Legal Fun fact: Ky. Rev. Stat. Ann. § 526.060Divulging info obtained thru illegal eavesdropping is a crime, punishable a misdemeanor

— Sean Spicer (@seanspicer) April 11, 2013

weaselyone on April 11, 2013 at 3:15 PM

I feel sorry for a male r running against could be hill in 2016. They won’t have anyplace to have meetings that might be bugged? And to boot, would there be a person in the campaign that would tape meetings? There isn’t many one can trust when it comes to politics it seems? Can’t say anything nasty about dear hill now can we?
L

letget on April 11, 2013 at 3:16 PM

Isn’t the audio too good to have been recorded on an IPhone through a door?

Rumpole of the Bailey on April 11, 2013 at 2:55 PM

Exactly….smell a cover up after they got caught?

Amjean on April 11, 2013 at 3:20 PM

All tactics are ok in the cause of advancing the progressive agenda.

rbj on April 11, 2013 at 3:25 PM

I fail to see the difference between holding one’s electronic device in hand while eavesdropping on the other side of a door and leaving bugging equipment near the room. The results are the same… people who did not give consent for their private conversation to be recorded.

Murf76 on April 11, 2013 at 3:33 PM

Corn needs to spend some time in jail.

hawkdriver on April 11, 2013 at 2:52 PM

Yeah, then he’ll learn the true meaning of “Corn” (holing) at the hands of his 350 lb. cellmate Bubba.

UltimateBob on April 11, 2013 at 3:37 PM

Corn didn’t make the recording, and it doesn’t look like he was involved in any way in the events that led to the recording. I don’t see how he would be culpable under the law if all he did was receive the recording after the fact. Not making excuses for the slimy bastard, this really is a non-story and nothing but a desperate attempt to smear McConnell, but mustn’t he be involved in some way in making the recording to be culpable?

NotCoach on April 11, 2013 at 3:13 PM

There is a Kentucky law – a misdemeanor – to divulge conversations that were illegally recorded.

Corn and Mother Jones were in on divulging the conversations. As I said, there may be specific statutes or caselaw that exempts the press under the First Amendment.

If you are a fence and sell stolen goods, you are guilty of various crimes even though you didn’t steal the items.

The recording of an eavesdropped conversation is a felony. Divulging it is a misdemeanor. Those that recorded the conversation are likely going to face both charges.

I think it is highly unlikely that Corn or Mother Jones would face charges, but it is still a question. We aren’t talking about ‘divulging’ the identity of a sources.

Resist We Much on April 11, 2013 at 3:45 PM

Seattle Congressman Jim McDermott was found guilty of distributing a tape that was illegally obtained by someone else. The laws must be different there.

munseym on April 11, 2013 at 3:46 PM

Resist We Much on April 11, 2013 at 3:45 PM

I see, thank you.

NotCoach on April 11, 2013 at 3:50 PM

Seems to me it took the two months to come up with a plausible story to cover up what probably was an illegal bugging, with the iPhone left inside the room.

We have only their word for it. Who trusts them to tell the truth?

doufree on April 11, 2013 at 3:52 PM

All tactics are ok in the cause of advancing the progressive agenda.

rbj on April 11, 2013 at 3:25 PM

I object to the use of “progressive” as a stand alone word. On its own it only means moving from point A to point B (e.g. terminal cancer is progressive). We need to insist that people include whatever they are describing when they use the word. In the present case, I think you meant progressive marxist agenda.

Please help me as I try to save a word that will be forever lost if we don’t take action.

teejk on April 11, 2013 at 3:55 PM

They accused an upstanding, faithful family man of being a felonious murderer, yet we’re supposed to get into a huff about McConnell game-planning against a self-admitted nutball, which we wouldn’t even know about if they hadn’t broken the law? This is what the left has become.

crrr6 on April 11, 2013 at 3:58 PM

So Conway has known for since it happened that an illegal recording was made of the meeting, but forgot to call the police to report a felony. They call that being an accessory. Sounds like all these clowns need lawyers.

2ndMAW68 on April 11, 2013 at 4:05 PM

fwiw, I heard a phone interview earlier with Megyn Kelly and McConnell’s campaign mgr. I don’t recall exactly what was said, but from what I understand the meeting was held in a “secure room/office” on a different floor, and you did have to take an elevator to get there. Apparently the FBI has videotape of people entering the elevator, but nothing from outside the “secure” office or hallway itself.

rockmom on April 11, 2013 at 2:58 PM

What’s your twitter handle so I can follow you? I follow a rockmom but don’t think it’s you.

Buy Danish on April 11, 2013 at 4:05 PM

The Alphabets of recording illegally. If only A & B are involved in any conversation it is illegal for C to record it without A & B knowing what C is doing.

Conservative4Ever on April 11, 2013 at 4:05 PM

Finally we have an answer to that age-old question: How do you get David Corn to shut up?

Jim Treacher on April 11, 2013 at 4:11 PM

Add this to IRS bugging your private and confidential email communication with your accountant and you DEFINITELY have a trend.

kurtzz3 on April 11, 2013 at 4:14 PM

Maybe it’s just me but this whole we heard the conversation out in the hallway scenario seems unlikely, unless the door to the office was wide open. If that’s the case, McConnell needs to put some better security protocols in place for his “secure” meetings.

Buy Danish on April 11, 2013 at 4:16 PM

In the words of Joe Wilson (no – not *that* Joe Wilson; the lying hubby of Valerie Plame Joe Wilson) lets “frogmarch” ‘em!

tryptic on April 11, 2013 at 4:18 PM

The Alphabets of recording illegally. If only A & B are involved in any conversation it is illegal for C to record it without A & B knowing what C is doing.

Conservative4Ever on April 11, 2013 at 4:05 PM

Not unless there’s a reasonable expectation of privacy.

“A conversation which is loud enough to be heard through the wall or through the heating system without the use of any device is not protected by the statute, since a person who desires privacy can take the steps necessary to ensure that his conversation cannot be overheard by the ordinary ear. Ky. Rev. Stat. Ann. § 526.020.”

Of course, if they were trespassing…..

But like someone else mentioned – I think it took them this long to come up with a story to explain a hidden cell phone. Listening to the tape, it sounds much too clear to be taken from outside the room.

I’m waiting for the FBI to tell me what the real story is.

angelat0763 on April 11, 2013 at 4:24 PM

David Corn, the reporter of the original Mother Jones story, has no comment.

Just blame it on the Taiwanese, with their Chinese sounding names. I’m sure the typical low information dumb@$$ that reads Mother Jones will lap it right up. You did.

MNHawk on April 11, 2013 at 4:25 PM

Well done Mitch for immediately fighting back and actually taking legal action.

THIS is how you win elections. We never saw this from McCain or Romney who just rolled over against Obama.

Daemonocracy on April 11, 2013 at 2:44 PM

Apparently Kentucky law allows for civil actions as well, so Mitch could go after the two proggies with a lawsuit for damages. Ditto for anyone else on the recording.

slickwillie2001 on April 11, 2013 at 4:28 PM

Hey, it’s not the fault of Progress Kentucky; I’m sure David Corn commissioned the tape. They were just doing it for the money.

Another Drew on April 11, 2013 at 4:29 PM

Corn needs to spend some time in jail.

hawkdriver on April 11, 2013 at 2:52 PM

Yeah, then he’ll learn the true meaning of “Corn” (holing) at the hands of his 350 lb. cellmate Bubba.

UltimateBob on April 11, 2013 at 3:37 PM

“Nath dithguthting! Thame on you!”

slickwillie2001 on April 11, 2013 at 4:30 PM

I fail to see the difference between holding one’s electronic device in hand while eavesdropping on the other side of a door and leaving bugging equipment near the room. The results are the same… people who did not give consent for their private conversation to be recorded.

Murf76 on April 11, 2013 at 3:33 PM

The argument is that there is no reasonable expectation of privacy if you’re talking loudly enough to be clearly heard by someone outside the closed door.

cam2 on April 11, 2013 at 4:43 PM

Finally we have an answer to that age-old question: How do you get David Corn to shut up?

Jim Treacher on April 11, 2013 at 4:11 PM

Someone should have shut the MoFo up years ago when he claimed that Kathleen Willey’s husband wouldn’t have committed suicide had she been at home instead of seeking a job from Bill Clinton.

The family was on the verge of financial ruin and needed a new source of income, her husband committed suicide somewhere in rural Virginia, and her husband left the home before she left for Washington.

Of course, none of that mattered to a ghoul like David Corn.

Resist We Much on April 11, 2013 at 4:43 PM

angelat0763 on April 11, 2013 at 4:24 PM

Do you have another statute?

Ky. Rev. Stat. Ann. § 526.020:

(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.

(2) Eavesdropping is a Class D felony.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 227, effective January 1, 1975.

Resist We Much on April 11, 2013 at 4:49 PM

Ky. Rev. Stat. Ann. § 526.010:

Definition.

The following definition applies in this chapter, unless the context otherwise requires:

“Eavesdrop” means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.

Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 226, effective January 1, 1975.

526.060 Divulging illegally obtained information.

(1) A person is guilty of divulging illegally obtained information when he knowingly uses or divulges information obtained through eavesdropping or tampering with private communications or learned in the course of employment with a communications common carrier engaged in transmitting the message.

(2) Divulging illegally obtained information is a Class A misdemeanor.

Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 231, effective January 1, 1975

526.070 Eavesdropping — Exceptions.

A person is not guilty under this chapter when he:

(1) Inadvertently overhears the communication through a regularly installed telephone party line or on a telephone extension but does not divulge it; or

(2) Is an employee of a communications common carrier who, while acting in the course of his employment, intercepts, discloses or uses a communication transmitted through the facilities of his employer for a purpose which is a necessary incident to the rendition of the service or to the protection of the rights or the property of the carrier of such communication, provided however that communications common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

Effective: June 19, 1976
History: Amended 1976 Ky. Acts ch. 230, sec. 1, effective June 19, 1976. — Created
1974 Ky. Acts ch. 406, sec. 233, effective June 19, 1976

Resist We Much on April 11, 2013 at 4:58 PM

The argument is that there is no reasonable expectation of privacy if you’re talking loudly enough to be clearly heard by someone outside the closed door.

cam2 on April 11, 2013 at 4:43 PM

The only ones claiming that they were speaking loud enough to hear outside of the room are the ones who are guilty of using a recording device to capture the conversation.

I am not willing to take the word of the 2 Progress Kentucky guys that made the recording as to the legality of them making the recording.

weaselyone on April 11, 2013 at 5:00 PM

Sean Reilly, one of the tapers, was involved in an infamous murder in Louisville in 2003:

In October 2003, Louisville was shaken to its core when 20-year-old Zachary Scarpellini was gunned down outside his Highlands apartment. The tony and quiet neighborhood of victorian mansions – home to residents like Ambassador Matthew Barzun and prominent businessman-turned-politician Bruce Lunsford – was rattled awake by gunfire, left terrified and in shock over such a violent crime.

The only witness at the scene other than the alleged gunman was Scarpellini’s roommate, Shawn Reilly, now Executive Director of Progress Kentucky. Reilly’s claim at the time of the crime was that he and Scarpellini were merely following someone they thought was breaking into cars. According to a report in the Bellarmine University (where Scarpellini was a student) newspaper, The Concord, investigators believed the shooting was random and the victim did not know his killer.

It would take years for the full story to unfold but local media were at the time focused like lasers.

snip

The ensuring death investigation dragged on for months, leading to a press conference held by the Scarpellini Family on Zachary’s birthday in March 2004. The family, distraught in their grief, offered a cash reward for information.

snip

After nearly two years of investigating, the family/estate of Scarpellini named Reilly in a civil complaint. The allegation was that Reilly and others had information about the murder that wasn’t being shared with police.

An excerpt:

3. That on or about October 12, 2003, the Plaintiff’s decedent was killed and/or murdered by the criminal use of a firearm by unknown Defendant(s) at or near the intersection of Cherokee Road and Longest Avenue, Louisville, Jefferson County, Kentucky.

4. That the Plaintiff is of the opinion that the Defendant(s), Shawn Reilly, may have conspired with the unknown Defendant(s) to commit said act, or willfully aided, and/or abetted, in the commission of the act involving the use of a firearm, all deemed unlawful by virtue of KRS 411.155.

5. That on or about October 12, 2003, the negligent, careless, and/or intended conduct of the Defendant, Shawn Reilly, was a substantial factor in causing or bringing about the death of Plaintiff’s decedent.

6. That if the above allegations be proven true, then the Plaintiff states that the Defendant, Shawn Reilly, and the unknown Defendant(s) acted with such intentional malice and/or extreme and reckless conduct and/or indifference for the safety of Plaintiff’s decedent at all times material herein, that the Defendant, Shawn Reilly, and unknown Defendant(s) are liable for punitive damages.

Reilly, who says he moved to South Carolina after the murder to attend school, either did not respond to the lawsuit or was unable to be located. That led to a request for a Special Bailiff to serve him with the complaint. According to the affidavit, Reilly was believed to have had information law enforcement needed and was allegedly working to evade questions.

An excerpt:

Comes now the affiant, who after being duly sworn states that he/she is the Plaintiff’s attorney in the above styled action. Affiant further states that they believe that process of this action cannot be executed unless a Special Bailiff is appointed due to one or more of the following reasons:

[X] Defendant has prior knowledge of this action and it is believed that they have evaded or will evade service by the Jefferson County Sheriff’s Office.

[X] The exact address of the Defendant is unknown and service will prove difficult.

[X] The Defendant has evaded service attempts through certified mail.

[X] The Defendant is in and out of the residence frequently and service will prove difficult.

A few weeks later, Reilly surfaced in Louisville on a Congressional campaign staff.

‘You won’t believe the rest’…which Page One Kentucky and Dan Riehl will have tomorrow.

Resist We Much on April 11, 2013 at 5:10 PM

I am not willing to take the word of the 2 Progress Kentucky guys that made the recording as to the legality of them making the recording.

weaselyone on April 11, 2013 at 5:00 PM

I’m not suggesting you should, just saying what their defense will likely be. The meeting took place in an office tower and the meeting room was apparently right next to the elevators. According to WFPL, which broke the story, “the door has a vent at the bottom and a large gap underneath.”
http://wfpl.org/post/source-progress-kentucky-behind-mitch-mcconnell-campaign-recording

cam2 on April 11, 2013 at 5:11 PM

Can Corn!

RovesChins on April 11, 2013 at 5:14 PM

What’s your twitter handle so I can follow you? I follow a rockmom but don’t think it’s you.

Buy Danish on April 11, 2013 at 4:05 PM

As far as I know, I am the only @rockmom on Twitter. I also tweet about stuff other than politics. My avi is Wilma Flintstone.

rockmom on April 11, 2013 at 5:18 PM

A few weeks later, Reilly surfaced in Louisville on a Congressional campaign staff.

‘You won’t believe the rest’…which Page One Kentucky and Dan Riehl will have tomorrow.

Resist We Much on April 11, 2013 at 5:10 PM

Need to see if we can connect this scumbag with Rep. John Yarmuth. He is the only Democrat in the KY congressional delegation now. I believe he first ran in 2004 and then was elected in 2006.

Breitbart just made the connection between ProgressKY and ProgressNC, the outfit whose strategy document was leaked to much embarrassment a few months ago. These shadowy prog groups are all connected to a network of big leftwing donors and are coordinating strategy for the 2014 elections. They are trying to maintain the fiction that they are not connected to the Democratic Party. I’m, not buying it.

rockmom on April 11, 2013 at 5:22 PM

These are the same guys who sent out racist tweets about McConnell’s wife, Elaine Chao, and her Chinese heritage.

Impossible. Only Republicans are Racist, and the only Racism in America is directed at blacks.

/ibfreeordie

Del Dolemonte on April 11, 2013 at 5:25 PM

bad security on McConnell’s team’s part, seriously.

Don’t they watch any movies or read any books ?

williampeck1958 on April 11, 2013 at 5:28 PM

Can Corn!

RovesChins on April 11, 2013 at 5:14 PM

Had some of that last night for dinner.

You know how the rest of the story turns out.

Del Dolemonte on April 11, 2013 at 5:29 PM

Liberal group “Progress Kentucky”!?

M240H on April 11, 2013 at 5:35 PM

So Conway has known for since it happened that an illegal recording was made of the meeting, but forgot to call the police to report a felony. They call that being an accessory. Sounds like all these clowns need lawyers.

2ndMAW68 on April 11, 2013 at 4:05 PM

Is Jacob Conway any relation to the Kentucky Attorney General, (Democrat) Jack Conway?

Del Dolemonte on April 11, 2013 at 5:42 PM

As far as I know, I am the only @rockmom on Twitter. I also tweet about stuff other than politics. My avi is Wilma Flintstone.

rockmom on April 11, 2013 at 5:18 PM

Then I am following you:)

Buy Danish on April 11, 2013 at 5:43 PM

“Progress Kentucky”, eh?

So when a Kentucky hipster has the retro specs on, has the de rigeur beard, and wears a farm implement brand t-shirt -ironically- and sports the sh**-kicker kicks … how does anyone know he’s a hipster? It can’t be the skinny jeans, ‘cuz in Kentucky folks are gonna think that poor-a** hillbilly is just wearing his sister’s pants again.

M240H on April 11, 2013 at 5:47 PM

Of course Democrats are all angels, and would never use a candidate’s personal problems against them.

Remember all those secretly taped sessions of Democrat’s talking about using Sarah Palin’s family matters and children against her? Oh, wait, those weren’t secretly recorded — that was on CNN, MSNBC and NPR ‘news’ shows.

starboardhelm on April 11, 2013 at 5:54 PM

From Insider Louisville:

About Jacob Conway: Jacob Conway has been actively involved in local and state politics since he was 16 years old. Conway has managed or consulted on a host of local, state and judicial campaigns since the 2002 election cycle. He currently is a partner at Website Mentors, a locally owned and operated web design and digital marketing firm and a member of the Louisville-Jefferson County Democratic Party’s Executive Committee.

Sekhmet on April 11, 2013 at 5:57 PM

Corn and Mother Jones do NOT have First Amendment protections, IF, in the words of Justice Breyer in his concurring opinion in Bartnicki v Vopper, 532 US 514 (2001), the following is inapplicable:

‘No one claims that they ordered, counseled, encouraged, or otherwise aided or abetted the interception, the later delivery of the tape by the interceptor to an intermediary, or the tape’s still later delivery by the intermediary to the media. And, as the Court points out, the statutes do not forbid the receipt of the tape itself. Ante, at 9. The Court adds that its holding “does not apply to punishing parties for obtaining the relevant information unlawfully.” Ante, at 17, n. 19 (emphasis added0.’

IF David Corn or Mother Jones facilitated the delivery of the tape to the magazine, neither is protected from Kentucky’s disclosure law by the First Amendment.

IF they merely received the tape, they are covered. Anything beyond that and they are NOT.

Resist We Much on April 11, 2013 at 6:12 PM

don’t worry everyone, the KOS kids (fresh off their brilliant Anthony Weiner defense) have a new theory on this

* [new] I still (5+ / 0-)

wouldn’t be surprised if it turned out that PK was a Breitbart/O’Keefe type group, founded by Republicans, to make progressives look bad.

Because, frankly, the racist bullshit they pulled doesn’t sound to me like something a truly progressive organization would do.

by The Dude 415

But im told they are a “truth Based” community

lostinjrz on April 11, 2013 at 6:21 PM

Because, frankly, the racist bullshit they pulled doesn’t sound to me like something a truly progressive organization would do.

by The Dude 415

Progressive Racism

Resist We Much on April 11, 2013 at 6:28 PM

If Jana Winter can go to jail for refusing to reveal a source, why can’t David Corn?

RebeccaH on April 11, 2013 at 6:28 PM

So McConnell fights hard for himself, but the GOP platform. Okay. Nice.

SouthernGent on April 11, 2013 at 6:42 PM

Note in passing, David Corn is a Journ0lista.

Knott Buyinit on April 11, 2013 at 6:47 PM

bad security on McConnell’s team’s part, seriously.

Don’t they watch any movies or read any books ?

williampeck1958 on April 11, 2013 at 5:28 PM

Very good point. With today’s technology it should be assumed that you are being recorded (witness how damaging that 47% comment from Romney was spun and also witness how many perverts show up in the news with tiny cameras).

There are effective methods to communicate in a closed room meeting but they are expensive (cheap solution in this case would have been secure visual/headphones with “YMCA” playing in the background…from what I can tell the recorders would have dropped their phones and started dancing with each other).

Sad it has come to that.

teejk on April 11, 2013 at 7:15 PM

Democrat scum!

But then that’s redundant.

WannabeAnglican on April 11, 2013 at 8:04 PM

Not surprised at all,.. Progs are the most vile POS’s in the entire criminal conspiracy that is the democrat party.

I’ve known quite a few decent rank and file dems, though,.. “decent” means they were either conservative Scoop Jackson types, or simply no information voters who voted D because their dad did.. without every paying any attention to what they were supporting.

The progs however, are the worst,.. they are always above the law, unbound by morality, as long as they get the power they crave, nothing is beneath them.. they know the media won’t let any but the smallest fish fry, and then, barely cover it at all..

nice for them they control every news network but FOX..

otherwise, they might actually pay for their crimes.

mark81150 on April 11, 2013 at 11:18 PM

I hope Corn is in this up to his eyeballs, and gave them support for their intended “product”.. that smug regressive would look good in prison colors.

Pretty certain Hollywood would then make a film about HIM being the victim here, instead of the rule of law.

mark81150 on April 11, 2013 at 11:23 PM

Media Matters “transmitted” the recording (along with other news outlets). Can they not be held to account legally as well?

davenp35 on April 12, 2013 at 7:36 AM

So do you think the MSM will cover how mean McConnell is instead of reporting the real news?

Everything discussed in the conversation is about a book Judd wrote…claims to have written anyway…herself. They want to criminalize book reading. It reminds me of blaming Dinesh for the terrible things Obama confessed about his life and politics in his two semi-auto-biographies.

Fleuries on April 12, 2013 at 8:17 AM

Damn, McConnell actually did something right. I have confidence though, he will manage to screw this opportunity up somehow.

georgeofthedesert on April 12, 2013 at 6:40 PM