Court backs Boehner in McDermott suit

Rep. Jim McDermottJim McDermottLobbying World Dem lawmaker: Israel's accusations start of 'war on the American government' Dem to Trump on House floor: ‘Stop tweeting’ MORE (D-Wash.) has lost his latest attempt to end a lawsuit filed by House Majority Leader John BoehnerJohn BoehnerIt's time for McConnell to fight with Trump instead of against him How Republicans can bring order out of the GOP's chaos Republican donor sues GOP for fraud over ObamaCare repeal failure MORE (R-Ohio) over a phone call illegally taped 10 years ago.

The U.S. Court of Appeals for the District of Columbia Circuit yesterday ruled in John BoehnerJohn BoehnerIt's time for McConnell to fight with Trump instead of against him How Republicans can bring order out of the GOP's chaos Republican donor sues GOP for fraud over ObamaCare repeal failure MORE’s favor. In a divided opinion, the court let a previous ruling stand that would have McDermott pay $60,000 in damages to Boehner as well as attorney fees and costs.

By press time, McDermott’s office did not comment on whether the congressman would file an appeal.

In 1996, McDermott distributed an illegally taped phone conference among House GOP members who were discussing how to deal with an ethics investigation against then-Speaker Newt Gingrich (R-Ga.). Boehner at that time was the chairman of the House Republican Conference, and McDermott was the ranking member on the House Ethics Committee.

The phone call was intercepted on a police scanner by a Florida couple, who delivered it to McDermott. The couple, John and Alice Martin, pleaded guilty to intercepting the call.