Rep. Andy Harris threatens reporter with potential criminal charges for recording him

The congressman singled out one reporter although others were recording.

Maryland Republican Rep. Andy Harris on Tuesday appeared to lose his cool during a gaggle with reporters, singling out a journalist and threatening her with legal consequences if she recorded him on video.

"You do not have my permission to record. If you record, we will refer you to prosecutors," Harris told the reporter in a video captured by a Baltimore Banner photojournalist following his debate against Democratic opponent Dan Schwartz in Cambridge, Maryland.

"Everyone in here is recording," responded the reporter, identified as Cat Murphy, a data reporter at Capital News Service. "Why am I not allowed to?"

"But you are not allowed to," Harris responded. "We are in a two-party state. You are not allowed to."

Harris had just left the contentious debate in which some in the audience interrupted him with laughter as he tried to blame Democrats for the high price of diesel.

Harris, who is seeking a ninth term in the House, repeatedly referenced Maryland's all-party consent law, the Maryland Wiretapping and Electronic Surveillance Act, which makes it unlawful for any person to "willfully intercep. ... any wire, oral, or electronic communication" -- a felony subject to imprisonment for not more than five years and/or a fine of not more than $10,000.

But the law protects only private conversations, not situations such as a public official conducting a news conference with accredited journalists where the participants have no reasonable expectation of privacy.

The video shows at least eight journalists participating in the gaggle with the congressman and Murphy told ABC News Wednesday she is credentialed through a gallery at the U.S. Capitol. The debate last night did not require press registration, Murphy added.

"With all due respect, this is a public forum," another reporter told Harris as the quarrel continued.

"I'm not a lawyer," the journalist admitted before questioning the congressman's credentials. "Are you? You're a doctor."

"Yeah, actually, I'm a legislator," affirmed Harris, an anesthesiologist by trade. "Yeah, I actually, I actually know the law well."

When Murphy attempted to steer the clash back to her questions about U.S. military hostilities with Iran, Harris looked around for law enforcement and called for an officer.

"You said that it could have gone smoother and it could have gone better. What did you mean by that?" Murphy asked regarding the congressman's comments on Iran during the debate.