Independent journalist James O’Keefe has pioneered the exposing of corruption through the use of undercover recording devices. The list of big stories he’s broken is unparalleled.
But Republican Gov. Mike Dunleavy is sponsoring a bill that would all but shut down O’Keefe’s ability to conduct his unique investigations in Alaska.
Two years ago in Alaska, O’Keefe’s investigator secretly recorded one of Sen. Lisa Murkowski’s campaign staff admitting the senior senator was backing rank choice voting. That was something Murkowski, up to that point, had not admitted.
O’Keefe’s most famous investigation involved secretly recording Planned Parenthood officials bragging about selling for profit body parts of aborted babies in California.
Dunleavy’s bill, SB85, would require “all-party consent” before recording a conversation. Current Alaska law and the law of 36 other states only require one party consent before starting a secret recording. Most of the states that have all-party consent, interestingly, lean heavily Democrat: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.
This bill would mean that every individual involved in a private communication must agree before its details can be recorded. The ambiguity of the provision raises concerns for journalists.
Read Dunleavy’s transmittal letter to the Legislature at this link.
Many of O’Keefe’s investigations target bureaucrats and politicians and expose government corruption.
Dunleavy’s bill would have different standards for the public and the government. Independent journalists or citizens would not be able to secretly record a conversation with a government official unless all parties agree, but government officials can continue to record with only one-party consent.
Critics say this is a dangerous double standard considering the recent rampant prosecutorial abuse under former Democrat President Joe Biden involving the Department of Justice, the IRS, the FBI, and local district attorneys.
Under Dunleavy’s bill, if a citizen or independent journalist secretly records a government official or politician admitting to taking a bribe or committing a crime, it’s the citizen or journalist that would be in violation of the law.
Dunleavy’s bill also has no exception for a potential whistle blower wanting to expose corruption at a government agency using a secret recording of co-workers to do so.
Since Dunleavy’s bill greatly restricts press freedom, it may face court challenges. Courts have sometimes protected secret recordings under the First Amendment when they serve a compelling public interest (e.g., exposing corruption). However, SB 85’s broad language offers no such safeguard, potentially inviting litigation.
It seems as though independent and often conservative journalists like O’Keefe are the only reporters attempting to expose government corruption. Legacy media outlets like the Anchorage Daily News, KTUU, and Alaska Public Media seem incurious about government waste, fraud, and abuse.
If Dunleavy’s bill passes, it could be a major set back for conservative journalism in Alaska.
Dan Fagan reports and writes columns for Must Read Alaska. He’s covered Alaska politics for close to 30-years. He currently hosts a morning drive radio talk show on 1020 am 92.5 and 104.5 fm on KVNT. For news tips, email Dan at [email protected]
Well dang, a politician trying to protect liars from public exposure…Who’d a thunk?!? ?♂️
What does Gov Dunleavy have to hide? Or is he the front man for someone or an issue arising that has not raised its ugly head yet…
Another classic example of … “Rules for thee but not Me.” If this legislation passes, the workaround plan is to simply to continue to conduct the interview secretly and release it in the public forum covertly, strategically not disclosing the source. Just don’t get caught!
The tall one is trying to pave a road with this, is it for himself? Sunlight is the best disinfectant. If you say or do something as a government official or employee that can be used against you, then so be it. Remember, the government is supposed to be for the good of the people. James O’Keefe work has done much to wreck the government liars that deserve to be wrecked. This measure should be opposed vigorously.
Someone needs to test the water in Juneau.
Jay I am convinced it is not the water, but the cloister mentality of “if I don’t conform to get along, I’ll get voted off the island”.
Move the capital or at the least the legislature!
Move it where?
Epstein island is the most appropriate island that comes to mind for the bulk of the “chosen leaders”.
Tyrants always fear transparency and revelation. If Dunleavy wants to prove he supports honest government, he should not fear the entrapment of corrupt politician. Bad move Dunleavy… but not especially surprising.
…and just like that, Dunleavy has outed himself.
This is a horrible bill. Not only is a ridiculous double standard that only protects the government officials while they can freely record whomever they want without consent, it also affects the disadvantaged in ways that cannot be measured. It protects stalkers, violent abusers, financial scam predators, and the list goes on… Highly disappointed that this would come out of Gov. Dunleavy’s office at all. Shame!
Letting his no so inner democrat out.
I can’t wait until this empty suit is a note in a history book.
Showing your true colors Dunleavy. You, along with the rest of the RINO’s, need to go away.
Looks like Dunleavy has hopes of furthering his political career and doesn’t want to get caught screwing the people. If one has nothing to hide then why would he need a law like this. So tell us Mike what is it you dont want us to know?
If you’re mouth runs it, you need to own it.
The problem is AI. We have seen nothing yet.
Amen
My husband was accused of harassing a woman on a job site one time. Thank goodness he recorded the whole conversation. She was going to “sue” and get him fired. When Dan told his boss he had a recording, he made Dan wait while he called her company’s attorney. Then they sat and visited for about five minutes until there was a return call. Surprise, surprise! All allegations were dropped when she found out he had proof of the situation. Because this saved my husband’s job, I’m obviously VERY much in favor of leaving it like it is. Governor Dunleavy, this is a BAD idea!
What the heck is happening to Dunleavy? Bigger government, less accountability & transparency?
I should be able to record any conversation I’m having- especially with entities that are funded by tax dollars- & not have to ask permission or notify anyone. It’s not even about exposing someone as much as it is to protect myself. An armed society is a polite society & recordings are a powerful weapon in the hands of people who otherwise have no voice. Makes you wonder what Dunleavy’s afraid of.
He’s probably afraid that someone might record him speaking his actual thoughts on the PFD or all the voters who helped elect him because he was going to restore the PFD 😉
Maybe tall Mike caught something from lisa when she stopped in Juneau. Mad cow disease or bird flu?
If you’ve got something to hide, then this bill is for you.
Our “ Big Mike” (not the other one) has always portrayed liberal flag to me.
Being in AND allowed to advance in the public indoctrination system was 1 of the first in a string of many.
Covid was another that showed up later.
Present Trump is vetting his staff more stringently this time around. Big M. was passed up for a reason.
Wouldn’t be surprised, or concerned, if this act of genius caused whole new generations of bugs to be deployed in completely unexpected places.
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If this act of genius accelerates the fall of Alaska’s Mob, so much the better.
.
What do we have to lose?
Wow. Just read the proposed changes. The current law is bad enough but these changes are awful. Dunleavy needs to go. Hopefully we can get a better governor next time.