John and Alice Martin, Democratic activists from Florida, overheard the discussion on a police scanner and recorded it. The Martins gave the tape to McDermott; they later pleaded guilty to illegally intercepting the call and were each fined $500.

Boehner targeted his ire at McDermott, then the ranking Democrat on the House ethics committee, who he said leaked the contents of the tape to the New York Times and other news organizations in a blatant invasion of privacy.