Phil Williams’ use of a phone call between State Rep. Todd Warner (R-Chapel Hill) and Tori Venable, executive director of Americans for Prosperity–Tennessee, recorded by “someone in the room” who listened to the call on a speakerphone but was not a party to the call, in a NewsChannel 5 report that aired on Monday raises questions about his journalistic credibility, Michael Patrick Leahy, editor-in-chief and CEO of The Tennessee Star, said on Wednesday’s edition of The Michael Patrick Leahy Show, broadcast weekdays on Nashville’s 760 AM WENO.
On Monday, NewsChannel 5 aired investigative reporter Phil Williams’ 8-minute anti-school choice hit piece that focused on AFP-TN’s push for state lawmakers to advance the governor’s signature universal school choice bill.
At the 3 minute mark of the segment, Williams (pictured above, center) told Warner “someone who was in the room with you recorded it,” meaning the conversation between Warner and Venable, in which Venable told Warner (pictured above, right) that AFP “cannot protect” him if he’s “on the wrong side” of the governor’s school choice bill.
However, Williams did not disclose when the conversation took place or who recorded the call other than that it was listened to and recorded through speakerphone.
Venable (pictured above, left) and Warner have since denied recording the call and further denied consenting to recording of the pair’s phone conversation by anyone else.
On Tuesday, Williams used his X account to tweet:
Once again, @mattmurphyshow misleads people. Tennessee is a one-party consent state. Anyone in that room—where Warner had the call on speakerphone—could legally record the conversation…
Leahy noted that Williams is incorrect in his understanding of Tennessee law.
“Apparently somebody who was listening on a speakerphone recorded it and then gave that to Phil Williams. We don’t know who that somebody is. Was it Phil Williams? Inquiring minds want to know,” Leahy said on Wednesday’s program.
Leahy analyzed the legality of the recorded call, noting how the person who listened on speakerphone and recorded the call without identifying themselves to Venable and Warner appears to have committed a felony.
“Let me just go to what the law says here in Tennessee. Let’s first go to the recording of a phone call or an in person conversation. This is Tennessee Code 39-13-601: ‘It is a felony in Tennessee to record an in-person or phone conversation without the consent of at least one party or with criminal or tortious intent. Offenders may also be subject to civil damages, an injunction, and/or a restraining order.’ So that’s pretty clear. So for instance, if you are having a conversation, if you and I are having a conversation just in private, you could secretly record it because that would be one-party consent. But if somebody were listening to us and didn’t tell us, that would be a felony if they recorded it,” Leahy explained.
“Now let’s go to the speakerphone situation. So Phil Williams said somebody on a speakerphone recorded it. Let’s see what the Tennessee Code says about ‘parties.’ We’ll go right now to Tennessee Code 39-13-604, section a5: Party means ‘only those individuals who participate in a conversation and whose presence as participants is known to all other participants.’ That seems pretty clear,” Leahy added.
Leahy questioned what type of penalties come along with obtaining and airing an illegally recorded conversation, as it appears Williams has done.
“That is important to know because that would land NewsChannel 5 in some interesting waters,” Leahy added.
“He broadcast what appears to be an illegally recorded phone call and that doesn’t sound like that would comply with law,” Tennessee Star reporter Matt Giffin said. “You have to be very careful and it seems like Phil Williams ignored one of the cardinal rules of journalism. You have to know what the law is.”
Leahy went on to call Williams “arrogant and ignorant of the law.”
“Phil, not only are you a left-wing propagandist, you are arrogant, and you are ignorant of the law. That’s a dangerous combination to be arrogant and ignorant of the law. And look, let me tell you something about The Tennessee Star, and me, and Matt Giffin – we are relentless. You’re not going to get away with putting false information out or misleading information out about a very important piece of legislation,” Leahy said.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Image “Newscaster Phil Williams” by NewsChannel5; photo “Todd Warner” by Todd Warner; “Tori Venable” by Tori Venable; background photo “Tennessee Capitol” by FaceMePLS. CC BY 2.0.
