Sen. Cardin’s Sex Tape Staffer Should Lawyer Up


One of Sen. Cardin’s staffers made a gay sex video in a Senate hearing room, and it was posted throughout the Internet on gay sites. The identified staffer didn’t deny it, and he was fired immediately. This is an actual NBC News headline: Senate staffer alleged by conservative outlets to have had sex in a hearing room is no longer employed.

The aide accused of being one of the men in the tape is Aidan Mease Czernopski. He posted on LinkedIn, didn’t deny it was him, but suggested people who objected are homophobes who want to tell him who he can love, adding he would look into suing someone over it. He will need a lawyer, but maybe not for the reason he thinks. Mr. Czernopski, if he is the guilty party, could be charged with a criminal offense.

Legal scholar Professor Turley said, “One obvious criminal provision under the D.C. code is Section 22-1312 for lewd, indecent, or obscene acts:

“It is unlawful for a person, in public, to make an obscene or indecent exposure of his or her genitalia or anus, to engage in masturbation, or to engage in a sexual act as defined in § 22-3001(8). It is unlawful for a person to make an obscene or indecent sexual proposal to a minor. A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 90 days, or both.”

He said the question is whether this is public, given it was a locked committee room.

“There are also provisions concerning the misuse or damaging of government property such as Section 1361, which protects “any property” of the United States from willful depredation or attempted depredation,” Turley said.

Other possible charges are the misuse of public money, property, or records, making a porn video in a Senate committee room, or trespass.

The Capitol police could argue that this constitutes purloining or using government property for personal purposes, says Turley.

He better lawyer up, but we imagine Democrats will pressure the police to bury the whole affair.

James Woods made a key point about the staffer’s dongle:

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