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36 Crim. L. Bull. 453 (2000)
Treatment of Statutes Requiring All-Party Consent to Tape Recording: Judicial Interpretation or Nullification

handle is hein.journals/cmlwbl36 and id is 455 raw text is: 


By  Carol   M.  Bast*

    In 1997, Monica Lewinsky, a former White House intern, began telling
Linda Tripp, a former colleague, about an alleged sexual relationship with
President Clinton. Tripp surreptitiously began to tape the conversations.'
Tripp made  some seventeen audiotapes containing approximately twenty
hours of telephone conversations. Apparently Tripp completed most of the
taping from her home in Maryland.2 In January 1998, Tripp contacted the of-
fice of independent counsel Kenneth Starr to report that she planned to meet
with Lewinsky.  Tripp and Lewinsky met for lunch one day that month at
the Ritz-Carlton Hotel in Pentagon City. Tripp wore a secret listening device
wired by FBI  agents. The device allowed prosecutors and gumshoes
upstairs in the hotel to monitor the lunch conversation; the conversation also
was recorded. A few days later, the FBI again wired Tripp for a meeting
with Lewinsky at the bar of the Ritz-Carlton. There, deputies from the inde-
pendent counsel's office presented Lewinsky with the evidence.'
    Lewinsky had given a January 7, 1998 affidavit in the Paula Jones sexual
harassment lawsuit. In the affidavit, Lewinsky denied having an affair with
the president; however this denial contradicted what she had told Tripp. In
some  of her conversations with Tripp, Lewinsky said that the president and
his close friend Vernon Jordan had directed Lewinsky to testify falsely in the
Jones lawsuit.'
    On July 7, 1998, the Maryland state prosecutor announced that a grand
jury would investigate criminal charges against Tripp for violating Maryland

   * Carol M. Bast is an Associate Professor in the Department of Criminal Justice
and Legal Studies at the University of Central Florida, Orlando.
   I Brian Duffy & Michael K. Frisby, Clinton Faces New Scrutiny Into Sex Life
Amid Allegations of Liaison with Intern / Starr Investigates if Woman Was Encour-
aged to Lie; President Issues Denial, Wall St. J., Jan. 22, 1998, at A20.
   2 Sean Holton, Newsweek puts its tale of tape online, Orlando Sentinel, Jan.
22, 1998, at A-4. Tripp used a voice-activated Radio Shack model hooked up to
the phone in her study, which automatically picked up all phone conversations.
George Lardner, Jr., The Tapes, Washington Post, Sept. 22, 1998, at A22.
   3Michael Isikoff & Evan Thomas, Clinton and the intern, Newsweek, Feb. 2,
1998, at 30, 41.
   * Id. at 41, 42.
   5 Susan Schmidt et al., Clinton Accused of Urging Aide to Lie; Starr Probes
Whether President Told Woman to Deny Alleged Affair to Jones's Lawyers, Wash.
Post, Jan. 21, 1998, at AOl.


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