Yesterday, the U.S. Capitol Police announced that there would be no criminal charges after a former aide to Sen. Ben Cardin (D., Md) filmed a porn scene in Room 216 in the Hart Senate Office Building. Aidan Maese-Czeropski filmed his having sex with his partner from the members seats. It turns out that it is not even a misdemeanor to shoot a porn scene in a Senate hearing room and then post it on the Internet. The decision officially confirms for many that Congress can be legally obscene.
The video shows one of the men hunched over the dais at the center of the seating for senators in Senate room Hart 216. The video was reportedly shared on the Internet on gay sites.
While expressing regret, Maese-Czeropski went on to social media to suggest that much of the criticism was political or homophobic, stating that “[t]his has been a difficult time for me, as I have been attacked for who I love to pursue a political agenda.”
When this story first broke, we discussed possible criminal charges and the potential defenses for Maese-Czeropski. As I stated at the time, one problem is the non-commercial use of the film. The video was posted to a private group for gay men and the owner identified himself as a “twink” engaging in sex acts with his older “bear” partner. The group posting does not suggest a private intimate video shared between a couple.
However, the site does not appear to generate revenue, which could have bearing on potential charges discussed above. Using the congressional space for commercial purposes can factor into possible charges.
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).”
The question is whether this is “in public” in a locked committee room — any more than sex in a congressional office after hours would be viewed as “in public.” Since the room was closed to the public and no one else was present, prosecutors would have faced a strong defense on a key element for the crime. Under a broader definition, sex in a congressional office could be deemed public indecency. Yet, this was a public hearing room, albeit closed at the time, and a tape made for what appears public viewing.
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. “Depredation” is defined as the act of plundering, robbing, pillaging or laying waste. However, mere possession of such property is not viewed as depredation. United States v. Jenkins, 554 F.2d 783, 786 (6th Cir. 1977).
There is also 18 U.S.C. 641 on the misuse of public money, property, or records:
“Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—
Shall be fined under this title or imprisoned not more than ten years, or both…”
The Capitol police could have argued that this constitutes purloining or using government property for personal purposes.
The key factor is the fact that this videotape was made with the apparent intent to publish or to distribute. Sex in congressional offices — by both members and staff — has long been known to occur on Capitol Hill.
That brings us back to trespass. The question may be whether this was access under legal authority for a staffer. The Capitol police could have argued that access to a staff position does not mean a license for entry for any purpose. Under 18 U.S.C. 1752, trespass covers anyone who “knowingly enters or remains in any restricted building or grounds without lawful authority to do so.”
Hundreds of people have been charged with trespass and authorized access to the Capitol during the Jan. 6th riot even without property damage.
Does a staffer have legal authority to enter any hearing room for any purpose?
The answer appears to be yes. The police decided that the film did not even warrant a misdemeanor charge.
“After consulting with federal and local prosecutors, as well as doing a comprehensive investigation and review of possible charges, it was determined that — despite a likely violation of Congressional policy — there is currently no evidence that a crime was committed…
Although the hearing room was not open to the public at the time, the Congressional staffer involved had access to the room. The two people of interest were not cooperative, nor were the elements of any of the possible crimes met.”
What was most interesting about the statement is that it appears that Maese-Czeropski was . . . well . . . less forthcoming with police in interviews than he was with his partner on film. The police confirmed that “the Congressional staffer, who has since resigned from his job, exercised his Fifth Amendment right to remain silent and refused to talk to us.” It added “our investigators are willing to review new evidence should any come to light.”
Ultimately, this was a novel case. It was not the sex but the film that made it more compelling for criminal review. However, the Capitol police was clearly not inclined to expand the definition of terms like “purloining” to cover a porn production.
The message appears to be for staffers to be a tad more discrete in trysts on public grounds. After all, Victor Hugo once stated, “I don’t mind what Congress does, as long as they don’t do it in the streets and frighten the horses.”
Just another sign and symptom of a society in decline.
The homophobe and political agenda is BS. Got caught, own up to it.
On one hand, establishment Democrats seem to have played it perfectly. Cardin wasted no time letting the pervert go after the video went viral. The degenerate press corps gave the story very little media coverage after the video was discovered. With no charges the media will let the story die on the vine. All that is convenient for Democrats in a presidential election year.
However, there is still a chance the Democrats well funded and organized LBTGQXYZ Empire may decide to try to turn Maese-Czeropski into a hero.
Look at what they pulled off with George Floyd. Floyd was a degenerate, career criminal drug addict who died of a drug overdose while resisting arrest for passing a fake $20 bill. The Left’s media propaganda machine falsely claimed he died from police brutality. They turned him into a sympathetic figure and the arresting officers into parriahs. The corrupt judicial system then unjustly put the arresting officers in prison. Democrats and their media turned Floyd into a national hero. They gave him the honor of having streets renamed after him.
Since no charges have been brought against Maese-Czeropski, the Democrats LBTGQXYZ Empire may decide he was wrongly terminated and try to turn him into a national hero, too.
The thing is, those in our society with privileged elite status are themselves such morally bankrupt degenerates that it may work.
And yet Youtube removed every single copy of the video recording. No word from the Left about “censoring” published works.
Thus it appears youtube has more morals (?) than the US Congress.
That’s not a very high bar…
It should come as no surprise the book of Revelation calls this country the “harlot” riding her UN~beast!:
https://sumofthyword.com/2021/01/07/mystery-babylon-the-great-and-her-beast/
It’s hard to see how a staff pass by itself authorises use of restricted public rooms for recreational purposes. I would have thought a trespass charge could apply here.
I am also puzzled by the reference to non-cooperation by the perpetrators. Since when is that a reason not to prosecute? The video is substantial evidence of what happened.
All that having been said, this is an insignificant matter in the big scheme of things.
[T]his is an insignificant matter in the big scheme of things.”
With respect, it is gravely significant.
It is a symptom of the culture’s metastatic disease: Nihilism.
From covid to J6 to the Sotomayer piece to this, this administration needs to be lit on fire. For Pete’s sake. The dems are no longer a party. Madness.
These statutes really don’t seem to cover this act. Creativity with criminal statutes is a problem.
“It’s not illegal when we do it.”
Amazing how they feel it’s been difficult and it’s homophobic. I guess it’s difficult purr-loining on the senate seats. There was definitely some receiving, concealing or retaining the same with intent to convert it to his use going on. I’d venture to say there might be mor purr-loining going on there then we know.
“The decision officially confirms for many that Congress can be legally obscene.”
It is far worse than that.
Those two creatures are the psychology of the Left: Mockery. Mock and destroy anything considered an American value — the Senate, statues of American heroes, ideas such as individualism, the Supreme Court, the rule of law, the innocence of a child, free speech, the Founders, intelligence, . . .
If you want to see a fictionalized version of that wicked psychology in action, read Dostoevsky”s _The Possessed_. The Left is the possessed.
Is Oppenheimer the Movie & it’s coming Academy Award’s push a subliminal Psy-Op (physiological pretext) to condition Us for the coming use of Tactical Nukes of WW·III? (Bidenheimer’s War)
I’m am quite a bit more concerned about the prospects of wide-spread War, rather than Who’s porking Who in the Capitol.
So terrible. Everyone knows that true patriots steal podiums from, and defecate in, the hallowed halls of Congress.
Are you sure Hunter wasn’t involved? People are saying he was, many people.
Those acts are despicable violations of our Capitol but square this with the fact that some people who did not do those things but walked in and out shortly after, received jail time for trespassing.
Enough with the legal stuff. It was wrong. It was an indecency of extreme scale that tarnished the place, the institution and the country itself. Congress can deal with this, yet apparently won’t. A good reason to send them all back home and replace them with real citizens.
If Punxsutawney Phil sees his shadow, he predicts six more weeks of winter. If he doesn’t, he predicts an early spring. (It’s an Early Spring! @024)
If Malibu ‘Hunter’ Biden sees his shadow, he predicts six more months of serious Litigation. If he doesn’t, he predicts an early Pardon.
If President Biden sees his shadow, he predicts six more weeks of hiding in the White House Basement. If he doesn’t, he predicts an early Impeachment.
Happy Ground Hogs Day 2024 🦔
There is more to this than we know, agree with others some people of influence invovled or the family of the accussed has a lot of influence.
Solitary confinement wasn’t an option? At least until they figured out what charge they wanted to manufacture? We know they know how to do that. “America Is Getting It Good And Hard” is likely not the headline they could exploit leading up to November.
In the true life movie “The Report” – officials from an Executive Branch agency invaded and robbed a Legislative Branch office containing America’s most top secret documents.
Apparently in order to obstruct Justice in a taxpayer financed investigation of intelligence abuses.
What this tells me is that there are higher up people involved (I worked for the feds and my husband still does). Maybe someone should check Cardin’s personal computer – most Maryland lawmakers are crooks in one form or another (speaking as a former Marylander)
..it’s still CONGRESS… regardless of ‘the room…’ they threw folks like the peaceful shaman guy with the horns in jail for being where he wasn’t supposed to be.. and now they’re excusing raunchy porn performances on the premises……….. more evidence of a double standard justice system. .
..
Well, I do care what Congress does and I would prefer that they do it in the streets (in public), horses be damned. That way we can see who they really are, as in this case. I accept that no chargeable criminal offense seems to have taken place, but we now see how depraved and arrogant these people are. The real test is whether Congress itself will take any action to publicly punish these perpetrators and their member-sponsors as well. Permanent expulsion and banishment would seem quite appropriate but, it must be recognized, the moral sewer that Congress has become would indicate that this conduct fits right in.
Why am I not surprised?