Bizarre, Congress, Criminal law

The U.S. Capitol Police Makes It Official: Congress Can Be Legally Obscene

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.”

68 thoughts on “The U.S. Capitol Police Makes It Official: Congress Can Be Legally Obscene”

  2. Did they wear masks? Fecal matter is a pathogenic transitter. Think AIDS transgendermic, monkey pox, Covid, etc.

    That said, this is a license to a liberal religion (i.e. behavior), which explains urban progress/decay, and immigration reform.

  3. Meh. Who really cares? But for publishing it on the internet, who would have known about it, and who’s to say this is the first time a sex act was performed in this location? In more-important and relevant news, Trump, who claims that over 300,000 Americans die of Fentanyl every year that is coming across the southern border, is demanding that Republicans refuse to approve the bipartisan border security bill–and why? To prevent Biden from getting another “win”, all to boost his chances of winning in November. Speaker Johnson declares the bill, which he hasn’t even seen, “dead on arrival”. So, therefore, logically, Trump WANTS 300,000 Americans to die for the sake of his ego–because in the unlikely event he cheats his way back into office, it would be about a year before he could take office. AND, this is OK with Speaker Johnson.

    The bipartisan border security bill would slow, and stop if the numbers get too high, people from crossing the border, and it would allow greatly enhanced deportations, provide more judges to expedite hearings, which will also expedite deportations, and beef up the numbers of Border Patrol officers and border security. But, none of that matters to Republicans–preventing Biden from getting another “win” is more important than saving American lives or securing our border. Someone explain to me how or why this is OK, or, relevant to today’s post, why Turley worries about 2 men getting it on in the halls of Congress.

    1. Natasha, if Biden would only enforce border policy and laws, like do his job like Trump did, we would not need a bipartisan border security bill.
      But rather then do his job, Biden created this mess and now wants to blame Republicans for his and the so-called border Czar, Harris mess.
      Why was this not an issue when Trump was in the WH, yet, now it is a national crisis?

      1. For the umpteenth time: IT IS NOT ILLEGAL TO COME TO AMERICA AND SEEK ASYLUM. People from other countries have a RIGHT to do this, and there is no cap on the number coming from any particular country if the reason is to seek asylum, unlike regular immigration. Proving entitlement to asylum is another matter–in most cases, there has to be a hearing, and because Republicans won’t fund the cost for more judges to move cases along, the docket is backed up for months. Under US law, unless you have been previously deported or have committed some crime, and for certain other reasons, you are entitled to a hearing before being deported. Most cannot prove they qualify, so if there were more judges, deportations would escalate. Until the law is changed that allows people to seek asylum, the situation won’t change.

        Biden did NOT create the border crisis–it has existed for decades, made worse when Ronald Regan gave amnesty to those who were in the country illegally. All that did was incentivize people to come here. It’s NOT the job of the President to prevent people from seeking asylum, or to harass them, imprison them, kidnap their children from them, or otherwise abuse them. The job of the President is to seek a legislative solution, whichi Biden is doing, and which Trump is trying to stop. The Border Crisis WAS an issue when Trump was stinking up our White House, and his action of separating children to punish their parents for seeking asylum was illegal–AG Sessions ADMITTED that the reason was punitive and intended as a deterrent. You listen to and believe the lies of alt-right media. Biden and Republicans have worked out a solution, and Trump has demanded that Republicans refuse to go along—knowing, according to him, that 300,000 Americans will die for the sake of his ego. Speaker Johnson declared the bill “dead on arrival”, even though he hasn’t even seen it. Even if the bill isn’t “perfect”, it could be amended and tweaked later on–it’s a healthy start and will reduce the numbers coming, accelerate deportations, accelerate hearings and improve border security, all of which are LEGAL means to curb migration. But, this would mean success for Biden, and power is far more important to Republicans than seeking a solution to the Border Crisis–just more proof that Republicans are NOT patriotic and all they care about is getting power, no matter the cost.l

        1. Releasing people into the country with a court date 8 months or more into the future, for which they will not likely appear, IS a dereliction of duty.

  6. I work in DC and have visited the Capitol buildings quite a number of times. The Capitol “Police” are really little more than security guards. We’ve all seen videos of them ushering the Jan 6 people into the building, but then when things went south with some of the protestors, they didn’t know what to do. They were untrained and unprepared for a large political gathering getting out of hand, which often happens. The Federal government loves to hand out LEO status where it is unwarranted, but it’s a perk that provides higher pay and a 20 year retirement. So calling an over-rated security guard a police officer (or a cubicle dwelling investigator a “Federal Agent”) may be a great job perk, but without the actual training and experience of an LEO, it’s really just a waste of taxpayer dollars.

  7. As a hypothetical, a conservative/Republican male was filming his having anal sex with a conservative/Republican female in the same location and the film sent to a conservative porno site, and the film leaked to other sites, would the Capital police treat its no action decision be the same?

    1. These guys could be prosecuted by DOJ. There’s no requirement that the Capitol Police make a referral. The DOJ is choosing not to act for political reasons. They don’t want to upset Biden’s gay constituency. That’s all there is to it.

  8. What is the point of the Capitol Police when there are no police at the border?

    The priorities in America must be rearranged and reordered.

    The priorities in America must be reset and rebooted to factory settings.

  9. An excerpt from Dennis McIntyre’s diary

    I can not comment on Jonathan’s blog today on the article related to the US Senate gay sex event. I am still butt hurt it was not me. I have tried everything in my LGBTQIA+ closet to get a hung top to breed me in a dark basement never mind a well lighted US Senate building. Svelaz, Wally, Bob, bug, even Rachel Madcow get action! Why me? Why wont anyone do me? Have I not provided baggies of crack cocaine, crystal meth, ecstacy and even a ten feet foot with N95 masks to disembowel me from afar? I am humiliated. True I am whining femme with looks that would make Whoopi Goldberg look desirable.

    My only recourse is to troll. Troll harder in hopes that Tom will like me enough to let me lick his boots so that I can have a part in his virile nature.

    Sign,

    Dennis “nobody wants a tired queen” McIntyre

  10. It became a public act of indecency when it was intentionally made public.
    Only decency is prosecuted under the Woke regime!

    1. So a leaked sex tape is a crime?

      Hmm ok. Not really.

      The point it was a misuse of the government facility, but was it criminal?

      That’s the issue. If he had the ‘keys’ to the facility… was it trespassing?

  11. There’s not enough Purell in the world for me to want to visit the Hart SOB ever again.

      1. Mark Felt……..Yes, at least! LOL
        (I like your moniker—My big brother was in the Bureau in the 60’s and worked with Mark…Great guy!)

  12. Depending upon one’s standards of good or bad behavior the act itself may or may not be abnormal or deviant, but the self-filming of it is another matter entirely.

  13. Speaking of gay men in the White House, what about Charlie Kraiger? James O’Keefe went on an undercover gay date with him, the head of Cyber Security at the White House. Come to find out, Biden is “slowing down” and nobody likes Kamala. I am sure more will follow.

  15. Do we really want the law twisted in a pretzel so that we can say, oh, gee, we shouldn’t be making porn in a government building. It wasn’t “in public”–so that’s out. It doesn’t look like trespass either. 18 USC 641 seems a stretch too. This guy is a disgrace, but twisting the law is a problem.

  16. I always get a laugh from the “I should be free to love who I love” excuse for gays and others sexual freaks. “Love” is about the last thing those relationships are about. That is why their body counts are so high. I guess hookers and their johns could say the same thing – that the Law is interfering between them, and who they love.

    1. I always get a laugh from the “I should be free to love who I love” excuse for gays and others sexual freaks.

      If the reporting was correct, the Senate Aide picked this tourist up on the street and enticed him into the building with promises of dirty sex in a real, honest to goodness Senate Hearing room. So yea. the word ‘love’ as is understood by Hetero people is very much wrong.
      If on the other hand, love means sporting a boner, than every 15 year old boy in the world falls in love 20 times a day.

  17. It seems to me that this was trespass. The staffers did not have authority to be there when there was no proceeding ongoing. They are servants of the Senators and their privilege of access arises only when the room is being used for official business or they are tasked to deliver or pickup a document. The mealy-mouthed
    explanation for not charging them sounds like the explanation of Jim Comey for not charging Hillary Clinton.

  18. I’m taking a more ancillary view of this:
    I take greater disdain not for the incident, but for Maese-Czeropski ‘s post-incident cries for sympathetic Victimhood: Professor Turley notes that the staffer “…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.’”

    Sooooooo typical. It’s worse than a lack of remorse; it is instead accusing the other side of specious motivation.
    My second area of practice: I defended large-entity employers against claims of wrongful employment termination (at-will or contractual). Instead of introspection as to why he/she was terminated or disciplined, the plaintiff employee always brought up Race, Gender, sexual proclivity, Age, etc. as the reason for the adverse action.

    1. Lin,
      Well said.
      Rather than owning up to doing something stupid, posting it, thinking it would never get out into the internet wilderness, blame . . . someone else.
      I would of had respect if they would of owned up to it.

  19. Read the biography of Rutherford Hayes and you will find the first President who was shunned because he was trying to clean up the bureaucratic swamp that was DC. Things and people do not change, it is up to the citizens, themselves, to keep all the vipers in line – something we have failed to do of late.

  20. OT: UNRWA Teachers Held Israeli Boy, Elderly Woman Hostage for Hamas

    Nearly half of UNRWA’s some 12,000 employees in Gaza either work for Hamas or its affiliate Islamic Jihad or have close relatives who do

    At least 13 UNRWA workers, including seven teachers, allegedly participated in Hamas’s Oct. 7 terror attack in southern Israel, and four employees allegedly helped take hostages.

    Beyond UNRWA’s Hamas ties, Levy pointed to documentation that the agency’s schools and teachers glorify terrorism against Israel. He cited a recent report by the nonprofit U.N. Watch detailing how teachers in a 3,000-member UNRWA staff chat group cheered on the terrorists as they killed, raped, and abducted Israeli civilians on Oct. 7.

    https://freebeacon.com/national-security/unrwa-teachers-held-israeli-boy-elderly-woman-hostage-for-hamas/

    1. There should be no ceasefire until the people that held the Israeli boy are hanged.

      1. @Olly

        There is no fixing Chicago or similar. The ‘voting differently’ is going to take generations to work out, which probably means the rest of the older among us’ lifetimes. Get used to it, and brace yourself for it. We are talking decades. The fight for this country has turned out to be a real fight, and we are going to have to be up for it if we care. No retirement, no passing the torch, just doing better day by day with our kids and our civic responsibilities. It’s going to take a lot of time.

        Voting is the start, it is not the panacea. And we need to accept this, ALL of us (I am here to tell you through experience via school districts, however much you may hate to hear it, conservative, redneck, white, deadbeat fathers are just as much of a thing as anyone else, and have just as much impact. Stop pretending that conservatives are somehow more enlightened by virtue, they aren’t. Not by a very long shot). It is what it is. And it is. Their kids are plain dum. And for the same reasons.

        This is an *American* problem, and if you aren’t up to the very hard, grueling work it’ll take to fix it, than we simply won’t. And you can cry me a river when you feel put upon. Take your Rush Limbaugh or Barack Obama soliloquies and bite me. You are going to have to live in this country in 20 years, just like everyone else, and you will equally reap what you have sown (libs assuage feelings, conservatives baby their kids bordering on pathology in 2024). The rest of us that have foregone this idiocy have no choice but to be carried along, and we sure don’t appreciate it. You are ALL responsible, and it’s time to grow the eff up.

        1. James,
          I read an article on The Free Press about Black Democrats who are angry at the Biden admin over the illegal immigration crisis Biden started.
          They are seeing the illegals getting more in financial aid, services, and other benefits the Black community has been asking for, for decades. They are either saying they will not vote in this election, or some are even considering voting for Trump. These are no small numbers either.
          I would post it, but it is behind a paywall. I am a paying subscriber.

          They also had a article about the Asian community who are promoting and even furthering the MAGA agenda as they see they are being punished by the Biden admin for merely being successful. They too are ditching the Democrat party.

          The Free Press also had an article about legal migrants who are pissed as they see they did everything right, obeyed our laws, and then the Biden admin just hands out amnesty, more financial support and benefits to illegals.

          The border crisis is a real issue for Americans and the Biden admin. Texas and Gov Abbot taking on the issue, is showing real leadership and action of doing something to Biden’s do nothing policy.

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