"The Alameda County District Attorney has agreed with Attorney General Jerry Brown's staff that the secret taping by Brown's press spokesman of phone interviews by a reporter was not unlawful, given that the results were going to be on the record in any case.
As reported by Jack Chang in the Sacramento Bee,
Brown's office had asked District Attorney Nancy O'Malley to conduct the independent investigation into the repeated recordings made by communications director Scott Gerber, who resigned in November after news broke about his actions."
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