Capitol Police close investigation into Senate sex tape: "No evidence that a crime was committed"

Washington — U.S. Capitol Police said Thursday it is closing an investigation into a sex tape filmed in a Capitol Hill hearing room without pursuing charges, saying "there is currently no evidence that a crime was committed." 

"For now, we are closing the investigation into the facts and circumstances surrounding a sex video that was recorded inside the Hart Senate Office Building on the morning of Wednesday, December 13," Capitol Police said in a statement. 

"After consulting with federal and local prosecutors, as well as doing a comprehensive investigation and review of possible charges, it was determined that — despite a likely violation of congressional policy — there is currently no evidence that a crime was committed," the statement added. 

In December, The Daily Caller published portions of a video showing two men having sex on what appeared to be the dais of a hearing room in the Hart Senate Office Building. Reports soon identified one of the men involved as a staffer for Sen. Ben Cardin, a Maryland Democrat. Cardin's office confirmed that Capitol Police were investigating, and said the staffer in question was "no longer employed by the U.S. Senate."

Capitol Police said the hearing room was not open to the public at the time the video was filmed, but "the congressional staffer involved had access to the room." The agency also said the former staffer refused to cooperate with the investigation. 

"The two people of interest were not cooperative, nor were the elements of any of the possible crimes met. The congressional staffer, who has since resigned from his job, exercised his Fifth Amendment right to remain silent and refused to talk to us. Our investigators are willing to review new evidence should any come to light," the statement said.

In December, Cardin said he was "angry" and "disappointed" by the incident. 

"It's a breach of trust," he said. "It's a tragic situation, and it's presented a lot of anger and frustration." 

In:
• Capitol Police
• United States Senate

Caitlin Yilek

Caitlin Yilek is a politics reporter at cbsnews.com and is based in Washington, D.C. She previously worked for the Washington Examiner and The Hill, and was a member of the 2022 Paul Miller Washington Reporting Fellowship with the National Press Foundation.

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