In a scandal that shocked Richmond lawmakers and party officials Friday, state police began a criminal investigation into whether Ed Matricardi, the Virginia Republican Party Executive Director, illegally listened in on two Democratic Party conference calls.
The investigation began after Attorney General Jerry W. Kilgore received word that Matricardi may have violated state laws by accessing the conversation. He then gave the information to police.
Matricardi announced privately that he will be leaving his post as executive director, Politics Prof. Larry J. Sabato said. However, the decision has not been publicly confirmed.
The two calls that Matricardi allegedly tapped consisted of conversations involving state legislators and top aides to Gov. Mark R. Warner, as well as Warner himself at one point. The calls were organized to discuss delicate redistricting issues raised by a Roanoke County Circuit judge's March 11 decision that the existing district lines were unconstitutionally drawn with respect to "racial gerrymandering."
Matricardi declined to comment on the case because it is an ongoing investigation at this time.
Steven Benjamin, Matricardi's attorney, was optimistic about the case.
"Law enforcement officers now have all the information necessary to complete this investigation," Benjamin said. "Ed has done nothing wrong, and we expect the authorities will soon reach the same conclusion."
Benjamin added that, in a conference call, any party involved may consent to a third party listening to the conversation.
The allegations raise complex issues regarding the morality of Matricardi's alleged act in addition to legal issues. If the conversation falls under the auspices of a confidential attorney-client conversation, Matricardi could potentially be disbarred for his act.
University Law Prof. George Rutherglen emphasized that the morality of the act depends on many factors.
"You have to look at the Virginia statute and what the effect of consent is," Rutherglen said. "Even if it is a violation, it's a further question what the appropriate punishment would be."
Sabato was highly critical of Matricardi's actions.
"This is unethical with a capital 'U'," Sabato said. "It is this sort of thing that gives politics a bad name."
According to Sabato, phone tapping is a practice that occurs all over the country, particularly with cellular phones.
Sabato said Matricardi most likely received an access code from one of the participating members.
Virginia Democratic Party Chairman Lawrence H. Framme III said this incident raises larger questions of political ethics in Richmond.
"This is raising questions of whether this was an isolated incident," Framme said.
Kilgore received word of the scandal through a transcript of the conversation.
"As I understand it, a copy of a transcript of one conversation was given to the attorney general," Framme said.
Kilgore Spokesman Tim Murtaugh stressed that Kilgore had not reviewed possibly confidential information given to him, but referred the matter directly to the police.
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