Capitol Police exploring criminal charges over gay sex tape filmed in Senate hearing room: Report

Capitol Police investigators are exploring the crimes that may have been committed in the filming of a gay sex video in a Senate hearing room.

Capitol Hill was rocked last week when the Daily Caller published a video of Senate aide Aidan Maese-Czeropski, who worked for Sen. Ben Cardin (D-Md.), engaging in gay sexual intercourse in Hart Senate Office Building room 216.

Hart Senate Office Building Room 216 (Caroline Brehman/CQ-Roll Call, Inc via Getty Images)

Maese-Czeropski has since been fired.

Meanwhile, the Capitol Police investigation is heating up. Politico reported:

A Capitol Police investigation last week initially centered on the identity of those featured in the video. It's now continuing with a focus on what crimes may have been committed and what charges Maese-Czeropski or others could face. The investigation began last week when the video was circulating among Hill staffers but was not yet public, shifting on Friday once it was confirmed that Czeropski posted the video of himself.

It's not clear exactly what crimes Capitol Police is exploring. But, according to legal scholar Jonathan Turley, investigators have a plethora of options from which to choose, including:

• D.C. Code § 22–1312 for lewd, indecent, or obscene acts
• 18 U.S. Code § 641 for the misuse of government property
• 18 U.S. Code § 1752 for criminal trespass on government property

"The key factor is the fact that this videotape was made with the apparent intent to publish or to distribute," Turley wrote. "Sex in congressional offices — by both members and staff — have long been known to occur on Capitol Hill. Yet, this was a public hearing room, albeit closed at the time, and a tape made for what appears public viewing.

"That brings us back to trespass. The question may be whether this was access under legal authority for a staffer. The Capitol police can argue that access to a staff position does not mean a license for entry for any purpose," he explained. "Does a staffer have legal authority to enter any hearing room for any purpose? That could be a defense raised by counsel, but it would seem likely that any access is premised on an official function."

On Monday, Cardin said he is "terribly angered" by the scandal. He confirmed that his office is cooperating with the Capitol Police investigation.

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