Republican Rep. Andy Harris demanded that police remove a journalist from a press availability he was holding Tuesday night after a campaign forum with a Democratic challenger in Maryland, erroneously citing the state’s wiretap law.
Harris, who represents Maryland’s only deep-red district and chairs the conservative House Freedom Caucus, told a reporter in the group of assembled press that they “do not have my permission to record” after Harris was asked about the Iran war.
“If you record, we will refer you to the prosecutor,” Harris told the reporter. They were working for Capital News Service, a student-run news organization that is part of the University of Maryland’s Philip Merrill College of Journalism, The Washington Sun has confirmed.
Police did not remove the reporter.
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Maryland law requires what’s known as two-party consent; all parties to a private conversation generally must give permission before it may be recorded. The Maryland Supreme Court said in 2018 that the state’s law applies when a person has a “reasonable expectation of privacy.”
Harris invoked the statute numerous times in the back-and-forth.
“We are in a two-party state, you are not allowed to,” Harris said. When asked why, he responded: “Because I refuse to give you permission to record.”
Harris’ argument happened in front of a crowd of other media, all recording with phones, cameras or audio devices. When multiple people chimed in to tell Harris that it was a public setting, he said, “Do you know the law?”
Harris, who is a physician, insisted he did.
“Actually, I’m a legislator. Yeah, I actually know the law well,” Harris said. “Get an officer in here. She is violating the law on two-party recording.”
Harris ultimately left the press scrum, saying, “She’s ruining all your chances to get an answer about anything. See y’all.”
Harris’ office did not immediately respond to a request for comment Wednesday.
The spat came after a candidate forum with Democratic challenger Dan Schwartz in Cambridge, Maryland, on Tuesday. Harris is seeking his ninth term in Congress, while Democrats in the state have moved to draw him a more competitive district in the near future.
This story was updated to add the reporter’s outlet.
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