Being "A Witness" May Not Keep Progress Kentucky Leader from Being Charged with a Crime

One of two members of Progress Kentucky who allegedly recorded a campaign meeting between U.S. Senator Mitch McConnell and his campaign staff is now saying he was "just a witness" through his attorneys. 

Progress Kentucky Executive Director Shawn Reilly denies any wrongdoing. As first reported by WHAS 11, Reilly says he was merely at McConnell's office when the recording happened.

His attorneys are putting the blame solely on Curtis Morrison, a volunteer with the liberal Super PAC.  Reilly's attorneys have not returned multiple calls to them since Friday.

Mother Jones magazine published the secret recording earlier this week, and legal experts say it could be considered eavesdropping.  But Louisville criminal defense lawyer Brendan McLeod says just being a witness to eavesdropping is murkier legal grounds.

"They can charge you, whether they hold up or not would be ultimately up to whether the prosecution wants to move forward or  ultimately a jury of 12 people of your peers would make that determination," said McLeod.

McLeod says Reilly could be charged with conspiracy in federal court…or he could also be charged with facilitation or complicity in state courts on the matter.