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15 Responses to “ACORN Sex Scandal, Now a Triology: O’Keefe Exposes Again, in New York City (video) UPDATE: ACORN Claims It Will Sue FOX News & Filmmakers… Bring It On, Baby”

1. William says:

   September 20, 2009 at 8:35 AM

   With the warmest regard for your position, I wonder if the Acorn employees in Baltimore broke any law by providing the information recorded (more or less, eh). But it is plainly so that O’Keefe broke Maryland law by recording without permissionj.

   Sauce for the goose but not for the gander? Not the way to run a lawful society.
   • admin says:

     September 20, 2009 at 10:45 AM

     William,
     You’re behind on information.

     As I wrote and linked to several articles on this last week, it has already been established that they DID NOT break Maryland laws. In fact, that was revealed in a number of newspapers last week. The AJ of Baltimore and AJ of Maryland mistated the law.

     A Maryland state statute requires consent from all parties whenever a conversation is taped, according to the Reporters Committee for Freedom of the Press. Violations of the law are punishable by a maximum of five years in jail and a fine up to $10,000. But that statute does not apply to videotape recordings — only to phone calls or other electronic “communications,” legal expert Andrew Napolitano has stated — meaning the filmmaker is likely in the clear. It also has to do with the secretive INTERCEPTION and recording of a phone call, which O’Keefe clearly did not do. Many of the laws on the books apply to the activities of law enforcement officers and not private citizens.

     You may have also noticed that Maryland officials are now being silent about prosecuting O’Keefe and Giles. No wonder, since they were wrong. No sauce, no gander. Attempt to divert attention from the real criminals, and that has backfired.

     It’s interesting that liberals want to jump on this small, erroneous element with more gusto and fire than acknowledge ACORN’s involvement in the illegal use of taxpayer money, advice to commit fraud on government loan documents, child prostitution, income tax fraud, income tax evasion, illegal smuggling of humans across the border, and assisting illegal aliens. I’m sure you’re not OK with that… or are you? Since you only cited the skewered Maryland law and said nothing about your outrage or disdain about ACORN’s criminal activities, makes me wonder where you stand.
     • William says:

       September 20, 2009 at 12:11 PM

       Maybe, Admin., you will point out the broken law. No employee of ACORN acted on any opinion or fact stated by the employee. O’Keefe did not set up any illegal business.

       We have not yet knowledge of what O’Keefe (or another) took out of the film and audio.

       O’Keefe has been a videographer for several years. Not exactly the “new fella” in the game. He earns a living from this kind of work.
       • admin says:

         September 20, 2009 at 12:21 PM

         Not sure why you’re so gosh-darn anxious to keep defending ACORN, but time will tell how this will all pan out. A full investigation by many state agencies are being launched now, as are federal investigations.

         The raw video has been posted for over a week at Big Government, William. Trust that all bases were covered by Andrew Breitbart and a few attorneys before any of this was released.

         From the videos: Giving specific advice by ACORN employees on how to fill out their loan application fraudulently so that O’Keefe and Giles could get the home loan approved would definitely be breaking the law, perhaps even a federal offense since it involves federal money (taxpayer money). All the other offenses, while supported and encouraged, are subject to nuances of individual state laws and federal laws I know little about. Doesn’t matter… the corruption runs deep, and Pandora’s box is open. The lawlessness is only now being revealed.

         What is your point about him earning income from this kind of work? That’s not illegal, William, nor should it be an issue either way on ACORN employees clearly helping to conspire/help/aid/support/advise on many illegal activities, including misuse of federal monies. O’Keefe is/has been until now a college student and he freelances in video documentary creations… so what?

         James and Hannah were not funded or contracted for this ACORN sting – while they did seek journalistic/legal advice, they were not paid by anyone to do this. They did it on their own. They did it, from what Bill O’Reilly and Jon Stewart have both said, for about $3,000 out of their own pockets. It is Hannah who is credited for coming up with the idea (I have a number of posts on this, as well as a boatload of links).

         We’ll see how these offenses will be treated by different state agencies in the coming weeks and months.
         • William says:

           September 20, 2009 at 6:24 PM

           Admin. I googled the subject and find no newspaper references of the kind you mention. i/e, cancelled because no law violation.

           And it is so that videotape is not illegal. However it is so that the audiotape portion is illegal, reguiring consent of all who are taped (or perhaps a warrant approving of the taping).

           In this case, neither the professional videographer O’Keefe nor his complicit companion had any compelling interest in the office procedures of the ACORN office nor a warrant to allow taping the voice(s) of employees.

           It is not a defense of ACORN to point out that no employee broke a law. They accepted nothing, produced nothing, completed no action of any kind. Nor, so far as we currently know, did O’Keefe and companion act on the guidance they had received,

           however, as I hold, O’Keefe, a professional videographer with knowledge of applicable laws (or not) put his wholesome young accomplice at risk.
           • admin says:

             September 20, 2009 at 9:22 PM

             Like I wrote, time will tell. I never said anything was canceled (those are your words, not mine – I never heard or read anything about “cancellation” – nothing can be canceled at this point since nothing has begun), only that legal experts have said that the specifics of the law were misstated by the Maryland officials and that since about September 11 or 12, there has been total silence from the state government about Maryland prosecuting the filmmakers. Especially now that it has been revealed that other journalists have done this type of undercover work with hidden cameras without prosecution in Maryland.

             There is disagreement about the finite interpretation of the statute. Attorney General Patricia Jessamy, however, has been biased and inconsistent in her interpretation of that statute when it comes to other journalists in Maryland using hidden cameras, as described in a couple of the news sources and articles below. These other journalists did undercover work and one of them was presented an award for the investigative reporting, which required an undercover camera. Jessamy had no problem with THAT uncover story, did not pursue prosecution, did not attack the journalists in the press. Her attack appears to be biased and partisan-based, not fair and equal treatment under the law. You can’t levy a double standard of law… if similar situations were condoned, she can’t just twist the law because O’Keefe is embarrassing the Obama administration (and I do believe that is her motivation for attacking O’Keefe, but of course, I could be wrong). She has demonstrated strong affection for the Obama administration and her support of him during the election was highly publicized, so it seems that the law is being applied in a different way now than it was applied with the undercover journalists at WMAR to suit her purposes. That alone is highly suspicious and I believe could be problematic and have some serious ramifications against the Attorney General’s office – but I could be wrong. However, I don’t think I am.

             I don’t believe a separate audiotape was created by O’Keefe (the videotape contains both video and audio, at least that is my impression), so that part of the statute likely was not violated, as legal experts have already surmised. And such was the case with the previous undercover Maryland journalists with their undercover videotaping. As I wrote earlier, no charges at this point have been filed and the fringe media (formally mainstream media) has been silent on the prosecution/non-prosecution of O’Keefe (heck, most are totally avoiding any mention of the scandal at all, as I’ve written countless times). I’m sure that this will become increasingly more interesting as time marches on, but at this point, no charges against O’Keefe or Giles have been filed, only threats to do so. Threats are easy to make – look at all the threats made by the ACORN CEO the first couple of days, and as more corruption was uncovered in other offices, she has clammed up. And even if charges are filed, I do not believe the two broke any laws, but that will be determined should it go to trial. I don’t believe it will, but that’s just my gut feeling.

             I do believe O’Keefe sought legal advise before launching into this. He’s very intelligent, and would likely want to know the individual state laws of the states he would be working undercover – if I was going to do this, that would be one of the first things I’d want to know, and I’m not a professional videographer. Right now, it’s just been a lot of loud, flustering rants and raves from the Maryland AG (which stopped within a day or two) and the ACORN CEO, which is becoming much more meek now. You are assuming O’Keefe’s guilt. I assume his innocence. Time will tell.

             However, I notice that you’re ignoring that the US Congress has yanked away ACORN’s involvement with the upcoming census and has voted to withdraw all taxpayer funding. Even they can see that there is much more to be revealed about ACORN’s hidden criminal activities.

             Since you couldn’t locate any sources (and I’m not sure why you didn’t use the links I provide in all posts), here are links to various news sources and op-eds on this. There are also YouTube TV news footage that I’ve embedded into a number of posts – at least one, maybe more, cover it (you’ll have to watch them, since I don’t remember which one(s) had the information).

             Fox News: ACORN Officials Could Face Criminal Charges for Trying to Help ‘Pimp’ and ‘Prostitute’
             Fox News: 2 ACORN Employees, Could Face Criminal Charges
             Inside Charm City: MD could charge filmmaker who made ACORN video?
             Washington Examiner: Maryland may charge ACORN video-makers, State’s Prosecutor heads anti-child abuse group UPDATED!
             Hot Air: Will Baltimore prosecute other journalists, too?
             Covert Surveillance News: Maryland May Prosecute ACORN Sting Video Makers

             You’re now well informed and well armed. I recommend that you read everything I’ve already written on this (this is an older post from last week) and read many of the links I always provide. If you still have questions (which seems unlikely), I doubt I have the answers beyond what I’ve already written about at great lengths.
             • William says:

               September 21, 2009 at 8:54 AM

               Admin. Attention has been given to O’Keefe and companion as if they created the breakthrough that resulted in defunding ACORN. It is more likely that Darrell Issa and committee provided certain of the motivation by having important insiders give up the goods on the practices of the organization.

               What ACORN may be in its various iterations is an issue that is entirely separate from the actions and findings of O’Keefe and wholesome companion. If ACORN can be proven to have broken laws in whatever way is charged, punish the organization.

               If ACORN employees are foolish and intemperate in speech, fire them. But O’Keefe’s findings do not evidence broken laws. The employees talked to strangers who asked a question. The employees talked, but did not act in any way, did not enter into any agreements with the strangers.

               (It is interesting that O’Keefe has gotten credit for his role as a “pimp” but at least in one venue he was a law student with an interest in politics all of which required money. I suppose that women of color in inner city Baltimore would have seen more than one pimp and would likely not accept O’Keefe’s word that he was one)

               But I digress. The plain fact is that O’Keefe broke Maryland law. (I am sad to say that I cannot accept your references as fair and balanced folks). You are right that video tape recording is not illegal. But audio recording is. Video only was of no use to O’Keefe since no illegal act occurred. But the words coming from those folk’s mouths–whoee, mamma. We’ve got ‘em, whoee, mamma.
               • admin says:

                 September 21, 2009 at 9:04 AM

                 This is really a funny thorn of contention for you, William. I disagree, the law about hidden video/audio has not been applied before as the Maryland AG office is now trying to make it apply, as I’ve already explained. Previous journalists have used hidden cameras for their stories in undercover operations in Maryland, so this reeks of an obvious vendetta against O’Keefe by the officials of Maryland, rather than fair and accurate application of any so-called law. I firmly believe that O’Keefe did nothing illegal, as you assert. I doubt this will go to trial. But down deep, I hope it does. It would be quite an embarrassment for the administration.

                 Your assertion that “that women of color in inner city Baltimore would have seen more than one pimp and would likely not accept O’Keefe’s word that he was one” seems, well, a bit like racism.

                 More videotapes are coming. Time will tell. The story isn’t over yet. For now, we’ll have to agree to disagree on this issue.
2. William says:

   September 21, 2009 at 9:02 AM

   Admin. Let me offer a last thought. Darrell Issa’s finding were released about the time that Hannah Giles allegedly came to know about ACORN in such a way that she was moved to empty her bank account of $1300, get in touch with O’Keefe, a professional videographer, make a plan, purchase airline tickets, hotel room(s?) and begin to visit (28?) ACORN offices.

   O’Keefe’s work, released just a few days before Congress takes up legislation that includes legislation against ACORN, is given great credit for causing the negative actions.

   But we know better because no illegal activity was uncovered by O’Keefe. And we are not sure that O’Keefe will not be revealed as a cheat if he doctored the audio or video or both.
   • admin says:

     September 21, 2009 at 9:11 AM

     Hmmm, sounds like a liberal attempt to compose a conspiracy theory, something Daily Kos would throw out there, or HuffPo. No proof of conspiracy exists to my knowledge, and at best, what you’ve offered is very circumstantial, if all of it is true. ACORN’s criminal activities and associations have been known by myself and others for months. This attempt to paint a huge plan to “get ACORN” in a sting operation that took O’Keefe and Giles months to implement and then somehow wrap Darrell Issa into it is mighty thin. Where are your so-called “sources” for this evidence?
     • William says:

       September 21, 2009 at 9:41 AM

       Admin. ACORN has existed in some form or other for about 40 years. You have been aware of the organization for some time (say 8-10 months that Michelle Bachman has been speaking, blogging, etc?). But the organization has become an issue for its role in registering black and Hispanic voters (allegations of registration fraud-if justified deserve punishment but what if the snarls are merely self-interest noise of appeasement from individuals and groups that have accepted money to assure a different outcome?). By the way, the “plan” as conceived in the mind of Giles has comical elements but it cannot be called “huge” in a meaningful way.

       I do not mean to create distractions or digressions here. Merely to point out that ACORN has existed, has employed men and women who have been charged with criminal acts and found guilty, and may be found guilty of others acts deserving of fines or other penalties. But if it has existed across several administrations, perhaps it is “demonized” undeservedly.

       It is my contention that O’Keefe and Giles came late to the party, accomplished nothing if their intent was to uncover criminal acts, and do not deserve praise. That they did all this over several months: crossing the country by air, housing, food, studio editing, laundry, gas for the car, etc on $1300.00 must be applauded.
       • admin says:

         September 21, 2009 at 11:08 AM

         I’ve known about ACORN in passing for about a decade. I’ve been blogging less than a year. I have been aware of ACORN shady underdealings for many months now, which is when I started researching and blogging about it. As I’ve said in other posts, ACORN does do good in a number of communities – I have never said it didn’t. But the lawlessness that has been exposed in the past few years is rampant. How many other organizations that help the community have the same problems with employees or volunteers? Goodwill? Salvation Army? Big Brothers? Red Cross? Girl Scouts? Kiwanas? Yes, once in a while a rogue problem/lawless employee or volunteer pops up in service organizations, but NOTHING like this. Nothing to this magnitude (i.e., voter registration fraud for the last election is just one biggie – I’m sure Hillary Clinton supporters are suspicious about Obama winning the Democrat nod for president, and if they aren’t, they should be). As a number have commented over the months, the fraud and corruption appears to be systemic.

         The good ACORN does doesn’t give the organization a free pass for criminal and corrupt activities, for its runaway contempt of the law and its exclusively partisan support of the Democrat party (registering dead people in several states for voting registration is just one of countless examples) using taxpayer dollars. And dismissing Hannah Giles for “coming late”? She’s only 20, so your attempt to smack her aside for not jumping in earlier is undeserved. Like I have continued to say, time will tell. The tip of the iceberg has been broken off, and I know MUCH more will be uncovered about the ACORN organization in the coming weeks. And not just in the lower ranks of employees whom ACORN has tossed under the bus.

         Concerning Michele Bachmann – She was one of the first and one of the few that I know of in Congress who was demanding accountability and investigation into ACORN (there are others, none of whom are Democrats, but she’s the one you mentioned). She was mocked and attacked by Democrats and statists for having the audacity to pursue looking into ACORN, even though they are/were slotted for huge government funding. Guess no one is maligning her now.

         Same for journalist Michelle Malkin – she’s been at the forefront of documenting and exposing ACORN’s corrupt activities for several years. She’s been maligned or ignored by the leftist media… until recently.

         I want ACORN’s books open to audit/review… I’m confident that would be the LAST thing ACORN wants.
         • William says:

           September 21, 2009 at 12:27 PM

           Admin. ACORN in New Orleans is a 501c4 tax exempt organization. Its units in other places may be 501c3 tax exempts. Its books are open in the same way that any other 501c3 or 4 organization must open books.

           If evidence exists to investigate any ACORN activity, the rules are known to both parties.

           But I am not sure that you want a police power as unbound by rules of Law as you assert. When voices have been raised about activities of ACORN entities and nothing has followed, it seems likely that no illegal activity took place. Self interests can over rule judgments.
3. SmartDog says:

   September 21, 2009 at 12:36 PM

   I’m guessing that William has freinds working at ACORN, or he works there. Or he just wants ACORN to be innocent and James and Hannah to be guilty. Wishful thinking from a liberal.

   I also want to know what ACORN’s hding in its books. So does the IRS.

   Check this out, William:

   The Pelican Institute (vai Protein Wisdom ) reports (PDF) that a couple of tax liens were filed by the Louisiana state government on ACORN for failure to pay half a million in payroll taxes from 2002-2008. While the group also reports that those liens have since been “cleared” (rather mysteriously), ACORN now has the Feds issuing subpoenas for a wide ranging investigation into ACORN’s financial reporting as well as their activities:

   The subpoenas seek a broad range of information since 1998 from ACORN and what the documents say are 361 related tax-exempt and non-tax-exempt organizations:

   • All W-2 tax income reports and 1099 tax filings issued
   • A list of every employee
   • All state and federal tax returns
   • Organizational charts for every affiliate
   • All audited financial statements
   • Documents related to the theft of nearly $1 million by Rathke’s brother, Dale Rathke, who worked in the organization.

   Only last year did most of the 51-member governing board of ACORN learn of nearly $1 million in inappropriate charges to an ACORN credit account by Dale Rathke. Rather than report the incident to authorities, Wade Rathke worked with a small group of ACORN leaders to arrange for a repayment schedule by his brother. After more than $200,000 was repaid, an outsidedonor stepped in and repaid the balance.

   Even so, news of alleged crime and the quiet handling of the repayment rocked the organization. A splinter of the governing board has broken off and is demanding that the group open its books to public inspection. The Acorn 8 says it wants to return the group to its roots of giving a voice to and empowering low-income people.

   It is apparent that ACORN has been playing a shell game with the Feds with regard to their hundreds of chapters, affiliates, and in some cases, false front organizations (one such organization was used by the Obama campaign last year to channel $800,000 in funds to ACORN – a result of the group’s “consulting” on constructing a stage for an Obama campaign event).

   How long do you think this investigation of ACORN finances by the IRS will continue? Only as long as it doesn’t reflect badly on Democrats or the president. Obama has politicized the Justice Department. Why not the IRS?

   It is incredible how this group has gotten a pass for so many years from the national press. (I don’t include the Chicago press who has constantly exposed local ACORN shenanigans over the years – to no avail, of course.) Their criminal activities should have earned them, as Clarice Feldman has said on several occasions, a RICO investigation for racketeering.

   And now one amateur, sleuthing, new media journalist and his courageous friend, armed with a $300 budget and a camera, may bring the whole stinking, sorry mess down on the heads of Democrats across the country.
4. William says:

   September 21, 2009 at 1:07 PM

   SmartDog. Let all that you have reported from your own investigation be the truth for all of September. Let the part that you copied from some one else be the truth as well but put it quotes, for fairness if for no other reason.

   As an instance of truth, Hannah G’s father says the couple had $1300 total, an amount taken from their bank accounts with no statement as to which put up which part of the whole.

   Also, let it be clear that O’Keefe is a professional videographer with his own company.

   Also, let it be clear that O’Keefe found no evidence of illegal activities in Maryland. And, so far as I know, he found no evidence that could lead to a conviction in any city in which he filmed employees of ACORN.

   So, it cannot be concluded that the couple accomplished any valuable act by their several months’ Odessey across the United States. ACORN’S goose, to the extent that it has been cooked, has followed the investigations of others.

   But it must be made clear: the couple got a wonderful bang from their $1300.00. Airline travel, hotel/motels, food, etc. Laud them all Conservatives.