TMZ's Harvey Levin: Sheriff's use of his phone records in Mel Gibson case 'disgusting' [Updated]

Harvey Levin, the founder of TMZ, expressed outrage over revelations in The Times earlier this month that the Los Angeles County Sheriff's Department had obtained his telephone records as part of an investigation involving the leak of information about Mel Gibson's arrest.

"It breaks federal law, it breaks state law," Levin told an audience at the Radio & Television News Assn. of Southern California. "This is like 'Chinatown.' It's disgusting they would do something like this. How do you protect sources? It goes to the core of freedom of the press."

"We've met with lawyers and are charting our course of action," he added. "This is not going to go away."

Media law experts and journalism groups expressed outrage that sheriff's deputies had obtained Levin's phone records during a leak investigation.

Several said they believed that sheriff's investigators violated state and federal law when they obtained a search warrant for Levin's records as they tried to identify who gave him details about Mel Gibson's anti-Semitic tirade during a 2006 drunk-driving arrest.

"That's illegal," said Lucy Dalglish, an attorney and executive director of the Virginia-based Reporters Committee for Freedom of the Press. "Most law enforcement agencies know it's illegal ...  or have a hard time getting a judge signing off on it."

Sheriff's spokesman Steve Whitmore said at the time his department consulted a prosecutor before seeking the search warrant. He noted that a judge approved the warrant.

Sheriff's officials initially played down the July 28, 2006, arrest of Gibson, but later that day TMZ posted a story about the actor's behavior.

The report detailed profane outbursts by Gibson, an attempt to escape custody and repeated threats against the arresting deputy.

The website also accused sheriff's officials of trying to conceal the actor's conduct from the public.

The news sparked outrage at the actor as well as fierce criticism of the Sheriff's Department, which was accused of giving him special treatment.

[Updated at 7:32 p.m.: Responding to Levin's statements, Whitmore told The Times that he believes the department acted properly. “We believe the 1st Amendment is vital to keeping this country free,” he said.

Levin declined to comment to The Times. But during an interview on KCRW, Levin said he spoke to representatives of both the Sheriff’s Department and district attorney's office and that “each kind of said the other was responsible.” Levin's speech before the news group was first reported last night by L.A. Observed.]

-- Shelby Grad

Photo: TMZ executive producers Harvey Levin, right, and Jim Paratore in 2007. Credit: Craig Mathews Warner Bros. / Associated Press

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Comments

[William]

Harvey Levin is a dirtball in a dirtball business and it's funny he thinks it's " disgusting". It's beyond funny.

[idjk]

Now on the other hand if TMZ got a cleb's phone records -by any means- that I'm sure would be OK with TMZ and they would splash the info all over the media.

[Obamamammajamma]

Inquiring minds want to know - the source of the leak is a far more interesting story than the original.

[Steve]

TMZ calling someone else's behavior digusting? Oh the irony...

[Cris]

To bad the poor reporter finally feels the pintch of law enforcement. I don't feel sorry for Levin and I bet for a fact that the law enforcement agency had all the necessary documents to retrieve the phone records. Battle in court all you want you will loose Levin. Levin your just upset because Mr. Gibson used words against Jewish people and your a Jew with media power. If a warrant for your phone info was given guess what they covered their tracks not you.

[AJ Simkatu]

What DUI arrest? Mel Gibson had the whole thing expunged from his records, so now it never even happened.

Must be nice to be so rich to get that to happen.

[TioDon]

Blah, blah,blah....just wants to drag this out so HE can get more press.....

[Scott]

What disgusts me is this guy actually representing himself as a member of the legitimate press. Celebrities who are hounded by this guy and his hordes of goons should sue TMZ into the ground.

[S.B.]

Ha - note that the Sheriff's Office got a search warrant, that is, from a judge in a real court. Oh those liberals just love it when they get "call it as my personal opinions see it" judges in our courts, that is, until those judges don't follow the law and it bites them on their own wazoo.

[Rich Almack]

Unbereaveable juxtaposition of "disgusting" and "Chinatown."

(Maybe because the last bit of news I read had "no bail" "high flight risk" and "Roman Polanski" in it? Strike "unbereaveable," insert "topical")

Wrong-again-Rich first thought he'd be reading about how Mr. Levin expressed disgust with an anti-semitic remark Mr. Gibson was alleged to have said, and now was bummed somebody found out.

Strike three? Loved Chinatown. Seen it three times or more; but "freedom of press" does not immediately spring to mind when I think of it. "Young-girl-sex-incest" isn't the first thing I think of either, Chinatown-wise...but it was in there. Private dick- "it's Chinatown, Jake-" Mulholland-Catalina- the good old San Fernando Valley...Netflix, here I come.

Why Chinatown, Harve?

[Pablo]

Hmmm. This is SO ironic. TMZ complaining about somebody using sleazy information gathering techniques ...

[baseballnutso]

Harvey exposes everything and anything his minions can find, but he expects privacy. Isn't that called hypocrisy!!

[Jon Skar]

>>
Harvey Levin is a public leach.
He will dredge up and broadcast any and all dirt on anyone.
Worse still is the media that drools for his dirt.
<<

[David St. John]

When the so-called "press" abandons any semblance of journalism in favor of promoting the marxist agenda of the Obamessiah, they lose any Constitutional protections, as far as I'm concerned. If the press wants protection, it needs to return to actual journalism, including looking at both sides rather than simply mimicking Democrat talking points.

[slim]

oh Harvey...don't you snoop into other people's lives on a regular basis? taste of your own medecine.

[rightguard290]

Uh, lets think this through. Your the Sheriff, trying to find out who in your department leaked information about Gibson's arrest, etc. Now if TMZ got the information, wouldn't a reasonable Investigator work both ends (Levin's and the Sheriff Employee's phone records) to confirm that there was an exchange of calls between two people. This happens all the time in criminal investigations. Getting one persons phone records only shows that phone's outgoing and incoming calls, not both parties. If the Sheriff is going to prove a case he must do this. I doubt it's Levin he's going after, likely only the LA Co. employee who disclosed the info to Levin. Come on guys, there has to have been probable cause for the search warrant for the phone records! Levin certainly wouldn't have given it up, no matter how much begging the LASO did. Right or wrong in the media's eyes, the Los Angeles Sheriff has a right to investigate improper conduct of one of their employees.

[Steve]

Here's an alternate headline: Civil Servants Under Attack by Wealthy Gossip Merchant and His Expensive Attorneys.

[keller]

Goose, meet Gander.

[NotALawyer]

I don't get it. They GOT a search warrant signed by a judge. They did everything right didn't they? Perhaps they can call the judge's behavior into question, but the sheriff did it by the book. How can you possibly say he broke the law when he merely asked for --and followed-- the advice and consent of a judge.

Head-scratch.

[fred]

Is this the pot calling the kettle black or what. This guy is sleazeball #1, utilizing the same tactics and worse to do his "job". No sympathy.

[CA]

He's right. Now can he practice some of the same ethics he's demanding?

[Ted]

I find it disturbing that so many commenters don't mind the Sheriff's actions simply because the Sheriff is targeting a group that they dislike. As long as TMZ is not getting its news through nefarious means, the Sheriff's Department has no right to go after them. This is critical to our freedom of information.

[David Irving]

Levin is a jew. 'Nuff said.

[Ted]

This *would* be alarming if it were anyone other than that slimeball Harvey Levin. However, in this case, I'd say it's kind of delightful.

[D. Rumsfeld]

The world would be a better place if the media didn't exist. Our government would provide us with the information we need to know and nothing more. I don't need to know that millions of people don't have health insurance or are out of a job. I can't do anything about it, so why do I have to know about it?

[Alex Hahn]

Wow, its amazing to read how many people are against freedom of the press as well as freedom of speech. yet these same people secretly read the enquirer and watch tmz.

[deborah]

Levin is scum!

[JamesJ]

Paparazzi whining about invasion of privacy. These are the same parasites that go through celebrity's garbage

[Nick]

I've seen Chinatown over a dozen times, and I really don't see the connection.

[nader paul kucinich gravel]

Wall Street
Glorify Israel
Anti 9/11 Truth

bbc beck blitzer bolton breitbart coulter
cspan drudge gutfeld hannity huckabee imus
ingraham krauthammer kristol limbaugh malkin
north oreilly rivera rove scarborough stossel susteren

Gotta Serve Somebody by Bob Dylan

[areyoukiddinme?]

All you people have it wrong. Don't you get it? its not about pay back for Harvey's sleeze ball tactics. Its about freedom of press. How would we ever expect to get truth into our news (not to say TMZ is news) if we don't have confidential sources. its like someone telling all the gangsters which confidential informants the sheriffs are using. but hey, I'm just sayin...

[Joel C]

Oh the irony! Levin complaining about sleezy investigations... by the guy who is the king of sleezy investigation. What goes around comes around.

[carlb]

lets see they got a search warrant. duely signed by a judge. what law is being broken except a dirtbags shady calls. you decide, i already have!

[seller]

Levin is the scum of the Earth- I wonder who will get the perp walk picture of him for their rag mag.

How ironic.

[Steve]

Amazing that TMZ would complain about anyone violating their privacy. Completely hypocritical too. The show is unwatchable. Just the teasers are sickening. Grown men chasing celebrities around to gossip and snicker about them? I wonder who taught these pretty boys what it means to be men? Sounds like their dads were AWOL.

[LKF]

Harvey, if your breaking the Law, then you have to be punished. Being a celeb, or a celeb chaser, does not exempt you. Looks like the Sheriff knows something. Oh, that's right, it's called probable cause....

[Tom]

can't stand the heat, get out of the kitchen......

[larryw]

@Scott:

This clown has as much credibility and integrity as the rest of the "legitimate press"

[delquattro]

Maybe the sheriff knows that his authority is higher than federal law? The constitution applies to the FEDERAL government, even though, fascist judges have corrupted it to apply to the states, too.

With the corrupt press protecting the preidency of the Marxist usurper from Kenya, I could care less about protecting "freedom of the press" for Harvey Levin.

[alex]

Its not against any laws to get cell phone records. Law enforcement does it regularly without any problem. What a joke...

[Streets]

I would like to see someone put Levin's life under a microscope. Let's see what kind of dirt he's got. SCUMBAG!

[Melvin]

The L.A. Times omits that Mr. Gibson was as well drunk. Legally drunk. Information Mr Levin was very aware of since he makes money out of other peoples misfortunes.

[Sal]

I don't think Levin expects privacy per se (it would be interesting to hire paparazzi to follow him around for a week, though). It's a little "East Germany"-ish that the Sherif's Dept. would poke around phone records to try to find out who leaked the fact they were involved in attempting to cover-up a celebrity's tirade. It's good to know that so many posters here have Mel's back.

Speaking of which - it costs less than $100 to expunge a misdemeanor, AJ. And Cris - ask your teacher the difference between 'your' and 'you're' before naptime today.

[Andy Mauer]

Ha! The Sheriff's Department should publish all of this info- in fact, they should camp 30 deputies outside of this douche bag's home just to document his every sleazy move. Turnabout is fair play, right Harvey?

[CB]

I would love it if someone would investigate the entire TMZ crew. How about placing paparazzi outside of all of the places that they eat and visit so we can see what they are doing at all times? I'm sure if someone did a good background check of the entire crew, there could be some good dirt.

[George]

Hey Levin....Karma baby Karma...

[John G]

Cops have warrant for his records. Levin got no case.

[TrueLiberal]

First they came for Fox News, then ... .

[Mike]

Ha. Levin is such a scummy dirtbag; he deserves zero sympathy. Maybe there is karma after all--what goes around comes around.

[kevin]

While I understand how people may think Harvy Levin is a dirtbag, it doesn't excuse the fact that police would gather someone's phone records without an ongoing CRIMINAL investigation. If they are investigating a leak, fine. But in that context they have no federal or state legality to do so.
Funny how people only spout on about constitutional rights when it backs their argument.
Hypocrites.

[Ben Miller]

S.B. has it right (though I don't know if the judge was liberal or conservative or neither). The judge is the villain here. Can't fault the Sherrif's dept. for trying to get info that would ID the leak but how in the blue hell does a judge approve pulling the records of someone who's not even suspected of doing something illegal?

[Mark]

Isn't this rich. An owner of a site which publishes illegally leaked information, an invasion of privacy is complaining about invasions of privacy? Boy, you can't beat that.

[Drew Weaver]

Harvey's hard-hitting, courageous expose on Sigourney Weaver's varicose veins was just incredible, Pulitzer-worthy journalism...Harvey Levin is the modern Danny Devito character from L.A. Confidential. Bottom-feeder. Picked on in 7th grade. A failure with the girls.

[Bob]

This is a serious first amendment issue, regardless of Levin's sleeze factor. I'd be interested in the Times printing the name of the prosecutor who doesn't know the law and advised the Sheriff's Department incorrectly. I'd also be interested in reading which judge signed off on the warrant, again in contradiction of state and federal laws.

[JD]

Was there a crime committed in the leaking of these details? I could see a police officer violating a department policy but talking to Levin, but this isn't grand jury testimony or classified intelligence. How can a judge issue a warrant to search a private citizen's phone records in the course of what seems to be an internal, non-criminal investigation?

[JD]

*by talking to Levin, I meant. Oops.

[Gary]

TMZ does not believe in anyone's privacy except their own.
They have no respect for anyone.
I refuse to watch anything that they come up with.
If there was a warrant involved, then Harvey Levin needs to address that in court.
This story was good for a laugh.

[Gary]

TMZ does not believe in anyone's privacy except their own.
They have no respect for anyone.
I refuse to watch anything that they come up with.
If there was a warrant involved, then Harvey Levin needs to address that in court.
This story was good for a laugh.

[Mark Carlton]

"Several said they believed that sheriff's investigators violated state and federal law when they obtained a search warrant for Levin's records."

Weren't they just asking for information? If it's illegal, isn't it the judge's job to realize it and turn them down? If it does turn out to have been illegal, the judge will have broken the law.

[Hollywood is ill.]

Harvey Levin calling someone or something disgusting? Ironic,ridiculous but ironic.Classic pot calling the kettle black.

[evereadynow]

this article might have made a little more sense if author had explained exactly
what the TMZ was and what the initials stood for... since the flux of the article
seems to be about TMZ and its founder....i googled and searched their web-site
and i still have no clue

[EdWoodJr]

Since when are guys following pseudo-celebs around in 1984 Datsun's with $300 video cameras and expired plates "the press"?

[brynn]

How is it "illegal" if a search warrant was obtained?

[Bob]

While the legal implications are worked out through the courts on the review of the records. The answer to protecting sources is pretty simple, "prepaid phones". Use cash not a credit card. Use them for only one purpose... then toss them in a crusher. I purchase them in different cities that I visit and use them for investigations all the time.

[roamm]

These comments confirm my suspicion that all the smart folk left California some time ago.

[Trevor T]

The notion of that publicity drunk wannabe starlet Harvey Levin calling himself a "journalist" is hysterical. He's a pompous little putz who should have stuck to chasing ambulances in Tarzana.

[Jay in NYC]

Harvey Levin talking about being a victim of "dirty" and "disgusting" tactics. HAHA!! That's rich.

Hey Harvey, looks like some of your dirty little chickens are coming home to roost. And no, it isn't "illegal" to get your cell phone records as long as it's done by law enforcement who've been authorized to do so.

Here come those chickens!

[Joe Watley]

TMZ is not a journalistic source. Case has no legs. TMZ profits by doing the same thing, now they complain when flashlight shines on them. How is TMZ even a legal business?

[Alex]

Never forget about the 5 Israelis arrested by the FBI after being spotted dancing for joy and filming the WTC collapse. I would be more concerned about how made the FBI release them than about some leak like this.

[JoeMade]

You guys are idiots. Go and get some education for a change.

There are rules and laws on the book that protect the news outlets and reporters. The goal is to keep us free from the government.

The sheriff did it backward because they were lazy.

They were supposed to look for the source of the leak by tracking down the source for the leak not the recipient of the leak. That's the illegal part.

They are trying to do a reverse-trace from Levin's phone record. This is also illegal because he's not the source of the leak.

This is going to be fun. Levin was a practicing lawyer. These are the fundamental rules that every lawyers has to learn in law school.

[Dirk]

I love seeing Levin reap what he sows.

[kooo]

Next on the PEOPLE'S COURT... You know, the Sheriffs should hire their own goons to hide out in the bushes and stalk this sleeze baggy eyed leech and photograph and question him 24/7 and air it on t.v. and profit from their constitutional right to "freedom of speech" (not information, you morons). Where do I sign for this channel?

[Jack]

If the leak the sheriff was investigating was a crime, then the sheriff did nothing wrong by getting a warrant so long as the judge was given accurate information. This is not about freedom of the press. The press has no legal immunity to obtaining information by illegal means. The press isn't the target of the investigation anyway. It will not be prosecuted for running the story. Its freedom is secure. If the source breaks the law, however, then he deserve the consequences. The sheriff wasn't looking to get Levin - it was looking for its own leak. Prosecuting those that break the law does not threaten the press or speech - that is good for society. If the law is not correct, then work to change it, but don't complain about the sheriff enforcing it.

[Lu Galasso]

As much as I dislike this show and it's tactics, I really think that the press needs to be able to procure and protect it's sources to the best of it's abilities. I see no reason to look into the man's phone records in order to find out who he was speaking with, as he was clearly doing his job.

-Lu Galasso

[Carmela Kelly]

Why did you not post my comment? I own the copyright to the information I tried to post about Levin.

I will try again without including links.

[R Thomas]

Oy vey! Get over it Levin - you hypocritical crybaby.

[Carmela Kelly]

Harvey is having a busy month? As a journalist I've been busy too this month illuminating how TMZ works.

Google: Fair News Spears and TMZ

TMZ was apparently a safety concern in a courtroom with regard to a defendant in a high profile case. TMZ also visibly harassed the man, Adnan Ghalib, as he and his attorney walked to and from the courthouse.

Harvey personally tried to make Britney Spears look crazy on television with his staff and gave examples of what the conservatorship is concerned about. I debunked the story by calling the shop where their "facts" originated.

Recently Spears' lawyer called a TMZ camerman a self-serving profit hungry paparazzi in recently filed court documents. Remember the guy with the 15 mins. of foot fame?

I wish no ill to anyone but Levin seems to be calling the kettle black. He's a lawyer with a tabloid business. CNN and Time Warner only wish he was legitimate as their source on the Michael Jackson story and others.

[PJ]

I'm pretty sure Jack is wrong.

If a policy whistleblower reveals information to TMZ about a government coverup (that is what is alleged), the press and whistleblower are protected...

[Betsy Ross]

this is really funny ..... the self-assigned king of SNOOPING on celebs is whining now about being snooped on ....hahahahahaha....its called KARMA ....jerkweed

[ragincajun]

pot meet kettle

[Rook]

Its a little frightening to see the people defending the sheriff's department's actions just because Levin happens to be an undesireable person. Do you all not see the threat that comes with the press not being able to protect sources in this country? It doesn't matter if Levin is a sleeze, the fact remains that what the Sheriffs department and the Judge have done is a threat to the freedom of Americans. I'm sure the opinions of most of you authority defenders would change if it was Glenn Beck or Bill Orielly having their phone records searched by the White House to see who was feeding him their info.

[localsavage]

If thet got a search warrant, doesn't that make it a legal search?

[Megan]

Levin has every right to be outraged - it's a clear violation of his constitutional rights! It's a shame so many of you can't appreciate a silly gossip blog - if he bothers you so much, do something else with your free time!

[Patrick]

This is what lies at the heart of the Patriot Act. using whatever reason to break federal laws for privacy. Acquiring records from a telephone provider is illegal and was until George Bush took office, now there are no private records, just public records of every word you speak on your phone, your internet connecton, and what you watch on TV is scoured by the CIA and the Federal government as is evidenced by harvey levine's phone records made public to the police. I can guarantee the governmnet used the patriot Act to get the information more quickly than any other vehicle, usimng secret rooms to gatehr this information. If you thin k this is not the truth there are article that speak to this directly. Every telecon has built a room with CIA direct acess to all available records of every consumers activity, including emails, telephones calls, etc. everything. No secrets in anyone's house. The government is lisntening to everything you say and it is recorded for their future use against you.

Patrick

[yikes!]

What's good for the goose...

[Dick Dickmann]

I guess if TMZ had a confidential informant that told them about a homicide and they refused to tell the police, the police couldn't get a warrant for their records....please I just wished the Hollywood liberals would just do the acting and stay out of politics and praticing law.....(bunch of shady tree lawyers)

[BLW]

What a hypocrite Harvey Levin is. I am sure he has no problem doing the same tactics (or anything else illegal) to get a story for his show.

[BLW]

What a hypocrite Harvey Levin is. I am sure he has no problem doing the same tactics (or anything else illegal) to get a story for his show.

[Sarah Keller]

Just one more example among many of the police being more criminal than the criminals. This should be surprising news, but sadly, it is not. Who protects us from "officers of the law" when they're placed above the law in dealing with us?

[Courtney]

What a joke that this guy is "disgusted" at anything!!! Get a load of the crap he dishes out on a daily basis on that so-called website of his. Praising the immoral and disgusting behaviour that goes on in Hollyweird! Some nerve!! Go LA Sheriff's Dept.! What a true dirtbag this person is!! Deserves everything he gets!!

[bubbadiamonds]

yuh hu yuck huh..." I'm a lawyer"... yuck yuck yuck

[Tom Davis]

A judge approved the warrant. Harvey should sue the judge. (Good luck with that one, Harvey.)

[Taggart Snyder]

No! No! No! Hope, Change, Yes We Can! We're suppose to be beyond all this in the age of "The One". Suddenly, the government is the GOOD GUY in all of this? Wow. Just. Wow.

[Jon]

What a hypocrite. Now maybe he knows what it is like to have his privacy invaded.

[nino]

In Chinatown, they don't break Federal and State laws. They do business legally. People go there to shop and dine.

[Jon]

What a hypocrite. Now he knows what it is like to have your privacy invaded.

[mark]

I miss Harvey on local nbc news, he was a tool then as well,

[mark]

I miss Harvey on local nbc news, he was a tool then as well,

[vincenzo4]

After 33 years and still rolling hot in this gig, its interesting to read-slowly and intently-people's recollection iof the facts and their psychological games. The police in this country like the intelligence community and military have been absued to much that they are risk averse to a fault and borderline demoralized.

The Sheriffs Department knows full well the circumstances leading to the acquisition of phone records and I am more than confident they sought these for a very good reason and the legal counsel oversight and mother-may-I mentality is blossoming so much over the decades that the Los Angeles region like other leftist-affluent controlled territories is drowning in crime and quality of life issues.

This is no different than any other investigation anywhere, search and seizure warrant based on a affidavit of probable cause which was approved and records acquired as potential if not actual evidence.

Me thinks thou protest too much.

[Corey in TX]

Drop the prejudice... How many of you would be siding with law enforcement on this one had it been a Pulitzer prize writing reporter? The fact that he's a scumbag means that he's a scumbag who still possibly had his 4th amendment rights breached. Even scumbags deserve equal treatment when it comes to government activites.