A Florida janitor and his wife identified themselves Monday as the source of a clandestine tape recording of House Speaker Newt Gingrich and his aides and said that they had turned it over to the ranking Democrat on the House Ethics Committee not knowing that it might be illegal.

John Martin, a school custodian in the small town of Fort White, Fla., and his wife, Alice, a teacher’s aide, insisted that they were not motivated by partisan politics when they hand-delivered the tape recording to Rep. Jim McDermott (D-Wash.).

Republicans deny that the speaker said or did anything improper by participating in the call. Moreover, they suggest that McDermott has tainted the ethics process and possibly violated federal law by providing the tape recording to the news media. McDermott has declined to discuss the accusations.

“This case is so open and shut that even Barney Fife could solve it,” said GOP Conference Chairman John A. Boehner (R-Ohio), who was vacationing in northern Florida when the call occurred and used his wife’s cellular phone to participate. The Martins’ police scanner apparently picked up the transmission from the Boehner phone.


Boehner criticized the Justice Department for not quickly launching an investigation of the circumstances surrounding the tape recording, as requested Friday by House Judiciary Committee Chairman Henry J. Hyde (R-Ill.).

McDermott declined to comment on the Martins’ account of events. He issued a brief statement late Monday noting that he had discussed the matter with Rep. Nancy L. Johnson (R-Conn.), who chairs the Ethics Committee.

“I have not made comments about the substance before the committee in the past,” McDermott said. “I have no comment now.”

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“These are very serious allegations,” Johnson said. “I would need more information before commenting further.”

Rich Galen, spokesman for the National Republican Congressional Committee, asked: “How can the Democrats allow James McDermott to participate any further in this case knowing he is implicated in a potential felony?

“Secondly, what do the leaders of the Democrats in Congress intend to do with their colleague or is this the beginning of a cover-up?”

Appearing at a news conference with their lawyer in Gainesville, Fla., the Martins said that they were listening to a police scanner in their car during a Christmas shopping trip on Dec. 21 when the scanner picked up a telephone conference call between the speaker and other top Republicans.


The couple said they began taping the call, using a hand-held tape recorder that they had with them in the car, after hearing the Georgia Republican’s ethics case mentioned in the conversation and deducing that the participants were prominent congressional Republicans. Public disclosure of the conference call has sparked a political firestorm.

The conference call occurred on the same day that Gingrich admitted wrongdoing to the Ethics Committee and pledged not to organize a campaign to counter the effects of his admissions. Democrats say that the recording shows Gingrich was orchestrating the Republican response to the Ethics Committee’s initial findings.

Gingrich has admitted violating House rules in connection with a college course he once taught and is awaiting a decision on the punishment he will receive.

While the interception of cellular telephone calls is a violation of federal law, there was disagreement among attorneys on whether a case against the Martins or McDermott would stand up in court.


Former House Counsel Stanley Brand cited an exemption in the federal wiretap law for transmissions of “private land mobile communications, including police or fire or information readily accessible to the general public.”

“It seems like nobody in the chain of the transaction is without some serious defenses to any charge,” Brand said.

The Martins’ attorney, Larry Turner, acknowledged that the couple had unknowingly risked state and federal prosecution when they taped the conversation. Still, he said, the facts ought to discourage officials from pursuing charges against them.

“Once it’s understood that these folks are Mr. and Mrs. John Q. Citizen, who happened to discover something they thought was pertinent to the Ethics [Committee] and did what I think we want citizens to do. . . . my hope is that those who are responsible for making prosecuting decisions will decide [that] it shouldn’t be prosecuted,” Turner said. “If they determine to prosecute it, we’ll defend it.”


Although disclosure of the Dec. 21 conference call has raised questions about Gingrich’s compliance with the agreement he struck with the ethics panel, it appears to have created significant political problems for Democrats as well.

“I think you’re going to see Republicans jump on [the tape controversy] and say, ‘Look at what the Democrats are willing to stoop to in order to politicize the ethics process,’ ” said David M. McIntosh (R-Ind.). “I bet McDermott will hear from his own people: ‘What did you do? You just blew it for us.’ ”

Asked what should happen to McDermott if it were proved that he leaked the tape, McIntosh said: “I think he should certainly step down from the ethics panel and consider resigning his seat in Congress.”

McDermott sent the tape to the Ethics Committee Monday afternoon. The committee’s chief counsel, Theodore J. Van Der Meid, wrote McDermott that “the material you sent to the committee at 4:33 p.m. this afternoon was not accepted.


“By direction of the chair and after consultation with the chief of the criminal division of the Department of Justice, the contents of the envelope including the audio cassette tape and the cover letter were hand delivered to the Department of Justice early this evening,” Van Der Meid’s letter said.

The cover letter was from McDermott to the committee, Van Der Meid said. He did not release it.

The Martins said that, first, they delivered the tape in a sealed envelope to the Gainesville office of their local congresswoman, Rep. Karen L. Thurman (D-Fla.). Staff members there sent it by overnight mail to Thurman’s Washington office but the congresswoman returned it to the Martins unopened when the couple visited Washington several days later.

Thurman suggested that the Martins give the tape to the Ethics Committee, aides said. The Martins proposed to deliver the tape to the highest-ranking Democrat on the panel and Thurman aides said that they provided the name of McDermott.


The Martins are both active Democrats in northern Florida. John Martin served as treasurer of the Columbia County Democratic Party, while Alice Martin served as secretary. The couple recently attended a campaign event for freshman Rep. Allen Boyd Jr., who invited them to Washington for last week’s congressional swearing-in ceremony.

Speaking outside their lawyer’s office with their grown children nearby, the Martins downplayed any political motives and said that they are simply interested citizens who suddenly found themselves at the center of a political maelstrom.

“This fell into their laps,” said Robert Griscti, one of their attorneys. “They follow the news and knew it was significant. These are common, everyday, ordinary American people but they’re not stupid people. While they’re Democrats and somewhat politically active, they felt it was their responsibility as Americans to do what they did.”

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John Martin, 50, said that he purchased a 200-channel police scanner from Radio Shack in the fall and had picked up some cellular telephone conversations before. Alice Martin, 48, said she began taping the conversation because she was excited about passing along a piece of history to her grandson, who is due to be born at the end of the month.

“I was so excited to think that I actually heard a real politician’s voice,” said Alice Martin, who appeared to be fighting back tears at one point during the news conference. “We were thrilled.”

After their recent trip to Washington, the couple gushed about the magnificence of the Capitol, how they had become lost while trying to find the Ethics Committee’s basement offices, and how they had relied on a Capitol Hill police officer to point out McDermott.

“We told [McDermott] we had something to turn over to the Ethics Committee,” Alice Martin said. “He took the envelope in his hand and said he would listen to it.”