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Fla. Stat. ch. 934.03 Interception and disclosure of wire, oral, or electronic communications
(read below the fold)

This may have been the reason Prouty was reluctant to properly attribute the source of his videos on Daily Kos. (see diaries and comments here)

Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard.

Was the private donor meeting a "public place"? Did Romney have a"reasonable expectation of privacy"? Perhaps the reason he sought anonymity through Mother Jones was to protect himself from felony charges in Florida.

In any case, Prouty did not reveal enough of his source to be deemed credible on Daily Kos in my opinion. anneonymous670 (Prouty) did not offer further information when asked and was HR'd in comments. Several Trusted Users HR'd the tip jars as well.

Prouty did say that...

The unedited video is in David Corn's hands. (0+ / 0-)
More soon. Thanks for watching. Mitt is a pig.
which indicates to me that he had no intention of breaking the story on Daily Kos , but was using his diaries here as a teaser to a future attributed story by David Corn at Mother Jones.

The good news is that it eventually got out. Who got the scoop? Who cares? Romney is done and Scott Prouty stuck the fork in him. Thank you, Mr. Prouty.

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.—
(1) Except as otherwise specifically provided in this chapter, any person who:
(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
2. Such device transmits communications by radio or interferes with the transmission of such communication;
(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation;
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Comment Preferences

  •  Tip Jar (8+ / 0-)

    We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

    by Zwoof on Thu Mar 14, 2013 at 03:59:43 AM PDT

  •  Oh here we go. (7+ / 0-)

    The same "progresssive Democrats" that twist themselves into knots justifying letting torturers and banksters walk are going to wrathfully demand that the "Rule of Law" come down with full force on the head of the man that did more than any other to ensure the reelection of "pragmatic centrist Democratic" President Barak Obama.  Hilarious, I'm already cracking up, preemptively, like a drone strike or a Holder Raid.

    Ever get the feeling you've been cheated?

    by ActivistGuy on Thu Mar 14, 2013 at 04:14:40 AM PDT

  •  Of course it was a public place. (2+ / 0-)
    Recommended by:
    Horace Boothroyd III, Chi

    Anybody with 50k could get in.

    It was a Justin Bieber concert with a higher ticket price.

    (and don't say you can't record a Justin Bieber concert so you can't tape a mitt romney speech -- one is a copyright violation....totally different thing.)

    "Michael Moore, who was filming a movie about corporate welfare called 'Capitalism: A Love Story,' sought and received incentives."

    by Bush Bites on Thu Mar 14, 2013 at 04:22:52 AM PDT

  •  Probably not (4+ / 0-)
    Recommended by:
    salmo, FG, skrekk, PDiddie

    Obviously it was not a wire or electronic communication, so it would have to come under oral communication, which is defined as:

    (2) “Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication.

    While this was a private meeting, there wasn't anything about the set up that prevented recording of his remarks. Considering he was a candidate for president, it would be hard for him to claim he had an expectation of privacy when giving a speech.

    •  Agree, but (1+ / 0-)
      Recommended by:
      FG

      here's what could have happened.

      If authorities had advanced notice of the video and who recorded it prior to their national exposure, there could have been probable cause to arrest Prouty and confiscate the tapes. Once again, remember that this is Florida.

      The case would more than likely have been dismissed eventually, but prosecutors could have dragged it out until after the election.

      We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

      by Zwoof on Thu Mar 14, 2013 at 04:34:30 AM PDT

      [ Parent ]

    •  Romney could not have expected privacy. (2+ / 0-)
      Recommended by:
      skrekk, Chi

      While it is true that all of the paying attendees were asked to keep the talk private, the staff was able to overhear everything.

      There cannot be an expectation of privacy where others are present to overhear the discussion.

      The paying attendees, Romney, and his people probably believe that the wait staff didn't count as people.

      I, for one, have no problem being led by a 3500 year old Pharaoh who was trained by space aliens on a distant star.

      by Tomtech on Thu Mar 14, 2013 at 09:52:40 AM PDT

      [ Parent ]

  •  I think he had good intentions (5+ / 0-)
    Recommended by:
    Zwoof, Pinto Pony, exterris, salmo, greengemini

    Now I think he may just end up cashing in. I can see a book about this or at least a job doing something he likes instead of hustling drinks for a living.
    Anyway if not for him Romney may have ended up president.

  •  There are times when breaking the law (14+ / 0-)

    is the right thing to do. This was clearly one of them. Nothing warms my heart more than a righteous outlaw.

    •  Dylan (3+ / 0-)

      "To live outside the law you must be honest."

      Mornin', OPOL. Thanks for the lonely rec.

      We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

      by Zwoof on Thu Mar 14, 2013 at 05:05:03 AM PDT

      [ Parent ]

      •  Our laws have been employed as instruments (7+ / 0-)

        of subordination from the beginning. After all, slavery was a legal status. The designation of juveniles as the property of their parents is legal. Ownership trumps human rights in the law.

        We organize governments to deliver services and prevent abuse.

        by hannah on Thu Mar 14, 2013 at 05:14:56 AM PDT

        [ Parent ]

        •  Years ago, I counted how many (3+ / 0-)

          former prosecutors were in Congress. I forgot how many, but it was a helluva lot at the time.

           

          We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

          by Zwoof on Thu Mar 14, 2013 at 05:19:46 AM PDT

          [ Parent ]

        •  After slavery came 'peonage', slavery due to being (5+ / 0-)

          in debt to The Man.

          The entire modern American society is built on a peonage model, with vast swaths of the population in debt to some extent.

          Now Massa is killing off job opportunities and fucking the economy to make life harder and harder and to get these slaves happy to work for nothing and to keep their goddamned mouth SHUT and to STOP COMPLAINING about 'unfairness' and all that shit the rich are trying to destroy the government about in the first place.

          Pay the man every 30 days, buy stuff and enrich the rich, then die off, maggots.

          Alan Grayson seems to understand this pretty well.

          The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

          by xxdr zombiexx on Thu Mar 14, 2013 at 05:24:17 AM PDT

          [ Parent ]

          •  And now we are subjects of the rentiers (5+ / 0-)

            who own all of the assets and are kind enough to let us use them for a price (plus interest and late fees.)
            They produce nothing but debt for the middle class and poor.

            We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

            by Zwoof on Thu Mar 14, 2013 at 05:28:41 AM PDT

            [ Parent ]

          •  Yes, but that was at a time when our money (4+ / 0-)

            was tied to gold, a relatively scarce metal, which various establishments of religion managed to make scarcer by requisitioning the metal to decorate their altars and gild the domes of their churches.
            1971 was a watershed year that hardly anyone seems to appreciate. It was the year that universal suffrage arrived in the U.S. making all adult citizens entitled to vote. It was also the year Richard Nixon severed the dollar from the bands of gold, removing for ever that excuse for why money ought to be scarce. Nixon's purpose was to prevent international speculators holding the dollar hostage.  I don't think he anticipated Wall Street holding the dollar hostage, nor, I suspect did he anticipate that the Congress, which had traditionally doled out favors to supporters in the form of various natural resource rights, would discover that doling out dollars and withholding them from the disfavored is a lot easier to accomplish and to hide under the umbrella of "contracts."
            Nixon also didn't appreciate, because he obviously didn't understand the import of the Federal Tort Claims Act, which had stripped sovereign immunity from almost all public officials (including the President), and so he didn't anticipate the almost universal response by public officials to shed themselves of as many obligations as possible via "privatization" and its compliant handmaiden, professional administration. Congress inveighs against bureaucrats, but the reality is that the unelected professional bureaucracy serves as a wipping boy and shill for Congressional malfeasance. Only when Congressional favorites are negatively impacted by enforcement actions do we get to see the spectacle of bureaucrats being grilled in public. When the "regulations" promote enterprise and make it less risky or even provide a captive market for the favorites, everything is hunky dory.

            Anyway, we now have free money that is, as it should be, intrinsically worthless and we have free access to information -- all the information we need to hold public officials to account for their service. So, they are scared. And, like the unjust steward in the biblical parable, they are desperately trying to feather their nests. How many Elizabeth Warrens will it take to make anachronisms like Hatch and Sessions superfluous and retire them to pasture?
            When the people have a better basis for comparison, will they continue to elect the Dufus Brigade, whose mascot is surely Gohmert?

            We organize governments to deliver services and prevent abuse.

            by hannah on Thu Mar 14, 2013 at 07:31:08 AM PDT

            [ Parent ]

    •  Mornin'! (2+ / 0-)
      Recommended by:
      One Pissed Off Liberal, Zwoof

      The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

      by xxdr zombiexx on Thu Mar 14, 2013 at 05:17:44 AM PDT

      [ Parent ]

  •  If this is against the law, of which I could not (3+ / 0-)
    Recommended by:
    Zwoof, jayden, salmo

    care less (we aren't going to prevail over these fuckers by adhering to the law they ignore) he can just register as a republican: it allows him to break the law with impunity and with all the hypocrisy that one gets from registering as a repub, he could still vote properly.

    Really, if we are sitting around not doing something that is able to beat these freaks JUST BECAUSE 'it is against the law" we're doomed.

    We cannot vote our way out of this situation.

    The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

    by xxdr zombiexx on Thu Mar 14, 2013 at 05:11:51 AM PDT

    •  And really - who cares if this broke a law?? (0+ / 0-)

      I LIKE IT when it breaks a law to show ugly or illegal behavior.

      Just highlights the overall fucked-ness of the system, which should be bulldozed and set on fire.

      The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

      by xxdr zombiexx on Thu Mar 14, 2013 at 05:15:09 AM PDT

      [ Parent ]

    •  xx (1+ / 0-)
      Recommended by:
      xxdr zombiexx

      Took a side trip to Mexico Beach last weekend and thought of you. First time since 1995. It's still quaint to a degree.

      We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

      by Zwoof on Thu Mar 14, 2013 at 05:15:27 AM PDT

      [ Parent ]

      •  The Bush Economic policies seem to have (1+ / 0-)
        Recommended by:
        Zwoof

        assisted the area in not becoming underdeveloped...

        Sweet little beach town, really, but 5 miles from Part St. Joe, which seems chock full of ignorant gun-wielding racists who shoot blacks in the face and themselves in the dick..... yes...I have links...

        The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

        by xxdr zombiexx on Thu Mar 14, 2013 at 05:19:51 AM PDT

        [ Parent ]

        •  Saw a new town called Windmark Beach (1+ / 0-)
          Recommended by:
          xxdr zombiexx

          just outside of Port St Joe. A ghost town for millionaires. St Joe Paper Company development.

          We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

          by Zwoof on Thu Mar 14, 2013 at 05:23:12 AM PDT

          [ Parent ]

          •  Saw that the last time I was there (0+ / 0-)

            Probably a Stepford Community.

            The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

            by xxdr zombiexx on Thu Mar 14, 2013 at 05:25:28 AM PDT

            [ Parent ]

            •  We stopped and looked around (1+ / 0-)
              Recommended by:
              xxdr zombiexx

              I swear I could hear the theme from The Twilight Zone.

              We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

              by Zwoof on Thu Mar 14, 2013 at 05:30:03 AM PDT

              [ Parent ]

              •  I felt I was expressly forbidden to go there (1+ / 0-)
                Recommended by:
                Zwoof

                being a DFH and all.

                The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

                by xxdr zombiexx on Thu Mar 14, 2013 at 05:39:24 AM PDT

                [ Parent ]

                •  Met a guy that lived there (0+ / 0-)

                  Maybe 60ish-years-old. He had on a Doors t-shirt, so I think it's safe.  Could have been a trap though, so we didn't stay long.

                  We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

                  by Zwoof on Thu Mar 14, 2013 at 05:49:38 AM PDT

                  [ Parent ]

        •  Yep (1+ / 0-)
          Recommended by:
          Zwoof

          I'm in Panama City and we have more than our share of that around here.

          ~War is Peace~Freedom is Slavery~Ignorance is Strength~ George Orwell "1984"

          by Kristina40 on Thu Mar 14, 2013 at 05:41:31 AM PDT

          [ Parent ]

          •  Spring Break woo hoo (0+ / 0-)

            We were at Ms Newby's and saw about a million cops pulling people over left and right (mostly right).

            Spent many a season on PCB. I was the DJ at the Spinnaker and the notorious Red Rooster back in the 70's when there was only one high-rise and it was abandoned.

            We all stand submissively before the global ATM machine network like trained chickens pecking the correct colored buttons to release our grains of corn. Joe Bageant

            by Zwoof on Thu Mar 14, 2013 at 05:45:52 AM PDT

            [ Parent ]

  •  He was a speaker. (3+ / 0-)
    Recommended by:
    sewaneepat, LilithGardener, skrekk

    Not someone having a convo at a party.

    There is a difference.

    "Til you're so fucking crazy you can't follow their rules" John Lennon - Working Class Hero

    by Horace Boothroyd III on Thu Mar 14, 2013 at 06:07:59 AM PDT

  •  If he is ever charged with a crime (3+ / 0-)
    Recommended by:
    Zwoof, LilithGardener, greengemini

    I will work extra to contribute to his legal defense fund.

  •  This is a reach. n/t (1+ / 0-)
    Recommended by:
    skrekk

    Why is it that, as a culture, we are more comfortable seeing two men holding guns than holding hands?

    by jsfox on Thu Mar 14, 2013 at 06:41:51 AM PDT

  •  Paid appearance (2+ / 0-)
    Recommended by:
    LilithGardener, skrekk

    $10,000 bucks a seat, microphone, no expectation of privacy.

    "Fascism is attracting the dregs of humanity- people with a slovenly biography - sadists, mental freaks, traitors." - ILYA EHRENBURG

    by durrati on Thu Mar 14, 2013 at 06:47:03 AM PDT

  •  But...Prouty most likely "felt threatened" (0+ / 0-)

    and in "imminent danger" by the plotting plutos at the dinner.  Therefore he was only "standing his ground".

    Funny how he may have broken the law using a phone, but if he had taken out a gun and killed them instead, he would have an argument as to the legality of his actions.

    Ayn is the bane! Take the Antidote To Ayn Rand and call your doctor in the morning: You have health insurance now! @floydbluealdus1

    by Floyd Blue on Thu Mar 14, 2013 at 07:17:22 AM PDT

  •  PeeWee: "The law." F-f-f-f-f-f-f-f. (0+ / 0-)

    "He went to Harvard, not Hogwarts." ~Wanda Sykes
    No representation without taxation. Rich and don't pay? Shut up.
    Blessinz of teh Ceiling Cat be apwn yu, srsly.

    by OleHippieChick on Thu Mar 14, 2013 at 07:26:20 AM PDT

  •  "no intention of breaking the story on Daily Kos" (0+ / 0-)

    Sounds like he wanted the video in the hands of a real investigative journalist rather than a mere blog.

  •  This reads as if (0+ / 0-)

    someone in the DK community needs an excuse for having blackballed the login identified to Scott Prouty.

    The self-moderating system worked. It's just that self-mods are, alas, also jerks at times. I think Kos was right the first time... when he chastised the thought police. And not when he walked that back.

    I'll be offline for a few hours and not able to respond to responses to this, but I'll still be wearing my flame-retardant long johns.

    "You can lead a horticulture, but you can't make her think." -- Dorothy Parker, who knew someone like Jeff Gannon

    by PDiddie on Thu Mar 14, 2013 at 11:50:56 AM PDT

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