From the AJC:
Douglas County District Attorney David McDade violated federal law when he distributed a videotape from a rape and child molestation case to legislators and journalists, the U.S. Attorney in Atlanta said Wednesday.
U.S. Attorney David Nahmias said in a statement that federal law prohibits the distribution of the Genarlow Wilson videotape because it depicts minors engaged in sexually explicit conduct. He warned that people who had received it would be in violation of federal child pornography laws
Federal law prohibits the distribution, receipt and possession of child pornography in most circumstances, Nahmias said.
“These laws are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others, potentially for years to come, particularly if the images are placed on the Internet or otherwise broadly enter the public domain,” Nahmias said.
“Accordingly, we have advised that the videotape at issue constitutes child pornography under federal law and should not be knowingly distributed, received, or possessed outside of law enforcement and judicial proceedings.”
McDade told the Associated Press that he was required to release the tape under the state’s Open Records Act because it was introduced as evidence at the trial.
Nahmias, though, said federal law trumps any contrary requirement of the open records law.