Re: "Notice Thread for March Special Monthly Meeting" email thread
Mr. Chair,
You specifically claimed yesterday in the above mentioned email thread that I committed a crime against you in violation of Florida's two-party consent / wiretapping prohibition.
That statute is § 934.03, which provides that "Interception and disclosure of wire, oral, or electronic communications prohibited.—"
(1) Except as otherwise specifically provided in this chapter, any person who:
(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: [...]
Statute § 934.02 defines "oral communication" thusly:
(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.
As a threshold matter, the Libertarian Party is incorporated as a DC nonprofit corporation, and I am located in Michigan. Both DC and Michigan are one-party consent jurisdictions. I was a party to the conversation. Under the law of both the corporation's domicile
and my own, no crime was committed.
Even under the Florida statute you invoke: you made your comments in the recording during an informal discussion amongst the board of directors of a DC nonprofit corporation, specifically investigating misconduct allegations against yourself, corporate counsel,
and other members of the LNC. I am a director of that corporation, and additionally am a representative of 15 state parties affiliated with the National Libertarian Party. It is my duty as a member of this board and a director of this corporation to report
such conduct outside the confines of that discussion.
Furthermore, you have based your claim on the assertion that this was a disclosure of confidential executive session content and/or attorney-client privileged communications. There are no elements of either in this disclosure. If you disagree, cite them.
You had no reasonable expectation of privacy in this discussion, and as such Florida's wiretapping statute does not apply to it by its own terms. Publicly accusing a fellow director of felony criminal conduct without legal basis carries its own consequences.
I demand an immediate retraction of your accusation and a public apology.
Andrew Chadderdon
Region 1 Rep | Libertarian National Committee