The video that emerged this week of Republican presidential candidate Mitt Romney at a fundraiser in a South Florida home may have been recorded illegally. The video shows Romney telling supporters that 47% of Americans will vote for President Obama because they are dependent upon government.
At a house in Boca Raton last May, guests paid $50,000 a plate to hear Mitt Romney talk about his campaign.
The video is poor quality.
Tallahassee criminal defense attorney Timothy Jansen says Romney would not have seen the camera.
“Mr. Romney has never come out and said ‘I consented to the recording.’ So, it’s clear to me that under Florida law, the person who recorded that at a private meeting without permission of the speaker committed a crime in Florida”, Jansen said.
In this case, Jansen says Romney had an expectation of privacy since the fundraiser was held inside someone’s home with no reporters allowed.
“If you’re in a private home in Florida, you do not have the authority to audiotape anyone’s communications without their permission”, said Jansen. “Both the speaker and the taper have to consent to it.”
Jansen says the state’s wiretap law is clear, but it’s not as clear whether the website that posted the video could be liable.