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Senate sex tape: Congressional staffer allegedly seen in

leaked video could face charges, legal expert says
The U.S. Capitol Police told Fox News they are looking into the incident involving an explicit video
By Adam Sabes Fox News

Published December 16, 2023 6:56pm EST | Updated December 16, 2023 7:21pm EST

Schumer announces Senate will cancel part of Holiday recess as border talks continue
Sen. Majority Leader Chuck Schumer, D-N.Y., announced the Senate will cancel part of holiday recess and return next week to hash out border security
negotiations to pass national supplemental aid package.

An alleged congressional staffer who filmed an explicit sex tape inside a Senate hearing
room could face criminal charges, one lawyer argues.

The U.S. Capitol Police told Fox News they were aware of an amateur pornographic video
published by the Daily Caller on Friday, which shows someone identified as a
congressional staffer, engaging in sex with another man in Hart Senate Office Building
room 216.

According to the Daily Caller, the video was leaked after being "shared in a private group
for gay men in politics." The men's identities haven't been confirmed.

Posts on social media claimed the alleged staffer worked for Sen. Ben Cardin's office.
Hours after the story broke, Cardin's office announced that a legislative aide had been
dismissed but did not address reports linking a member of his staff to the sex tape.

NSFW: CAPITOL HILL ROCKED BY SEX TAPE SCANDAL FEATURING FAMOUS SENATE
HEARING ROOM

UNITED STATES - OCTOBER 9: Hart Senate Office Building Room 216 is set up for the confirmation hearing of Supreme
Court justice nominee Amy Coney Barrett before Mondays Senate Judiciary Committee at the Capitol in Washington on
Friday, Oct. 9, 2020. (Caroline Brehman/CQ-Roll Call, Inc via Getty Images)

"We will have no further comment on this personnel matter," his office wrote in a
statement.

In a blog post, Fox News contributor Jonathan Turley, an attorney and professor at George
Washington University Law, discussed possible charges that could be brought. Turley said,
"the question is whether this unofficial use would constitute trespass."

also uses an official area for personal purposes, though it is not clear if there were any
"It
commercial benefits garnered from the video found on various sites," Turley wrote.

Turley said one possible charge could fall under D.C. code section 22-1312, which
discusses lewd, indecent, or obscene acts.

"It isunlawful 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," the criminal code states.

SENATE DEMOCRATS AT ODDS WITH SCHUMER OVER BORDER TALKS: ‘TERRIBLY

MISTAKEN’

UNITED STATES - OCTOBER 9: Hart Senate Office Building Room 216 is set up for the confirmation hearing of Supreme
Court justice nominee Amy Coney Barrett before Mondays Senate Judiciary Committee at the Capitol in Washington on
Friday, Oct. 9, 2020. (Caroline Brehman/CQ-Roll Call, Inc via Getty Images)

Turley says that the question regarding charges falling under this section would be
whether a locked Senate committee room is considered "in public."

Whether or not any video filmed in the hearing room was used to make money could also
"have bearing on potential charges," Turley argued.

He also brought up 18 U.S.C. 641, which addresses improper use of public money,
property, or records.

"The Capitol police could argue that this constitutes purloining or using government
property for personal purposes," Turley wrote. "The key factor is the fact that this
videotape was made with the apparent intent to publish or show others. Sex in
congressional offices — by both members and staff — have long been known to occur on
Capitol Hill. Yet, this was a public hearing room, albeit closed at the time, and a tape made
for what appears public viewing."

Addressing trespassing, Turley said "the question may be whether this was access under
legal authority for a staffer. The Capitol police can argue that access to a staff position
does not mean a license for entry for any purpose."

"Does a staffer have legal authority to enter any hearing room for any purpose? That could
be a defense raised by counsel, but it would seem likely that any access is premised on an
official function," he wrote.

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Fox News Digital's Chris Pandolfo contributed to this report.

4 hours ago
Senate sex tape:
Congressional
staffer allegedly
Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on
seen in leaked video
Twitter @asabes10. could face charges,
legal expert says

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