Just saw a report from TPM that is very interesting. A Kentucky Democratic Party official says that two people from Progress Kentucky bragged to him about making the recording of the McConnell oppositon research meeting about Ashley Judd. Of perhaps more importance, they said they could hear the meeting in the hallway outside the room and recorded it from there. That possibly would make it not illegal.
Jacob Conway, who sits on the executive committee of the Jefferson County, Ky. Democratic Party, told WFPL that Shawn Reilly and Curtis Morrison of Progress Kentucky bragged to him about recording the meeting from outside the room where it was held.TPM
Conway said Reilly and Morrison told him that they did not attend the open house, but overheard the meeting from outside the room. According to WFPL, the door leading to the room where the meeting was held has a vent at the bottom and a large gap underneath, which is presumably how Reilly and Morrison recorded the meeting.
"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,” Conway told WFPL. “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."
Conway continued, "Apparently the gentlemen overheard the conversation and decided to record it with a phone or recording device they had in their pocket. Could've been an iPhone, could've been a Flip camera or something like that."
But according to WFPL, Reilly and Morrison may not have engaged in eavesdropping if the meeting was audible from the hallway.
Things may get more interesting now.
Update I: Link to original story at WFPL
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.