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Sanford lashes out over taping of closed session

Governor identifies Rep. Daniel Tripp as alleged recorder, calls him unethical
BY SCHUYLER KROPF
Of The Post and Courier Staff

Gov. Mark Sanford lashed out Tuesday at the Upstate lawmaker who allegedly tape-recorded his private meeting with House Republicans, calling him unethical and promising to confront him over it.

Sanford, after a speaking engagement in Charleston, identified the lawmaker as Greenville Republican state Rep. Daniel L. Tripp, who allegedly carried a tape recorder belonging to a member of the Statehouse press corps into the closed session last week.

Excerpts from the meeting were later published by The (Columbia) State newspaper, detailing a sometimes heated exchange between legislators and the governor.

"Certainly what he did was absolutely in my book unethical," Sanford said at The Citadel after addressing the Charleston Rotary Club.

"Positively I'll talk to him," he said, suggesting the GOP House Caucus look at ways to discipline Tripp.

Tripp is reportedly out of the state this week on his honeymoon. He could not be reached for comment.

Sanford's press office said it learned of Tripp's involvement from other lawmakers and Upstate media reports. Other Republicans said they understood Tripp to be the one who carried the tape recorder. House Speaker David Wilkins said Tuesday that Tripp likely will be confronted when the caucus meets in two weeks. The House is on furlough this week and not in session.

It is not illegal in South Carolina to tape record someone without their knowledge -- in person or via the telephone -- as long as at least one member of the conversation is aware that a recording device is present, said Jay Bender, lawyer for the S.C. Press Association. The legal doctrine is called unilateral consent, Bender said.

Whoever did the taping "they certainly were within their legal rights to do so," Bender said, adding that Sanford's words of protest may be an attempt to distract from what many see as evidence of the growing rift between him and fellow Republicans.

"I think anybody that was in that room had a perfect right to have a tape recorder in their possession," Bender said.

Last Wednesday, Sanford and about 40 Republican members of the Legislature met privately in a Statehouse auditorium to discuss Sanford's threatened lawsuit over an economic development bill. It contained multiple spending measures that were grouped under the banner of the Life Sciences Act, including some that would benefit the Charleston area. Sanford vetoed it.

After the General Assembly overrode his veto, Sanford threatened to sue the House of Representatives, charging the measure was unconstitutional because too many unrelated issues had been tacked on and passed as one package.

Sanford and ranking lawmakers said last week's meeting was supposed to be a chance for an open discussion where their comments, including frustrations with Sanford, were to remain private.

Sanford said Tuesday that one danger on the reliability of the taping is that it appeared some of Tripp's remarks in the meeting appeared crafted for the benefit of the tape recorder. Tripp, he said, attempted to steer the discussion.

"He was, in essence, trying to bait me, saying crazy things about (Commerce Secretary) Bob Faith." Sanford characterized what Tripp did as "trying to get you off your edge, and get you basically heated under the collar. And that's not right."

Wilkins, R-Greenville, said the taping incident was unfortunate and a mistake since the members assumed the meeting was private.

He didn't know what action could be taken against Tripp if he is responsible, partly because the caucus has no rules for such a scenario.

"I'm sure Mr. Tripp will come and respond, and we'll go from there," Wilkins said. "But it's going to be something we'll internally handle ourselves."


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