Breaking News Open Thread: ACORN Suing Breitbart Over Hidden-camera Recording
By NB Staff (Bio | Archive) September 23, 2009 - 16:34 ET
From a breaking news e-mail by The Politico.:
ACORN has filed a lawsuit in Maryland against James O’Keefe, Hannah Giles and the Web site Breitbart.com for secretly videotaping the organization’s employees at its Baltimore office.
Who was the lawyer [African-American] who was either representing or at least a big supporter of Tawana Brawley (along with Sharpton)? He was on Fox quite a bit.
Of course she is. You don't get sleeveless arms like that without putting in the time and the work (apparently). Perhaps Mark Geragos is available. With that track record, he should be.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered." -George Best
The liberal activist group contends that the audio portion of the video was obtained illegally because Maryland law requires the consent of both parties to record private conversations.
...Thompson and Williams are plaintiffs in the lawsuit, which says they suffered "extreme emotional distress with attendant physical symptoms and injury to their reputations."
ACORN is asking for $500,000 in damages to be awarded to each of the employees filmed by O'Keefe and Giles, and ACORN itself wants $1 million in damages.
O'Keefe won't back down. He is using Alinsky tactics and will INSIST Acorn meet his discovery demands and will re-double his accusations against Acorn. Acorn is used to people folding up at their bogus charges of racism. They aren't used to having their own, accusatory tactics turned back upon them. They will cry and moan, cry racism, and end the lawsuit because the discovery process will expose to much dirt. BUT, O'Keefe just may file counter charges and Acorn will be roasted like chestnuts, over an open flame. They will soon realize they have overplayed their hand and the lib Senators and Congresscritters will not be able to go back on their votes against Acorn because it will still be hot news. These arrogant Acorn racists are going to get a dose of their own medicine. The irony is so rich.
I won't be wronged. I won't be insulted. I won't be laid a-hand on. I don't do these things to other people, and I require the same from them. - J.B. Books (John Wayne)
With this lawsuit Breitbart can uncover extensive information about ACORN through discovery in their attempt to defend themselves that ACORN may not want to reveal. This could be the dumbest thing ACORN does yet.
Good thing they got their licensing back in order- they were operating illegally for more than a year. Hmmm- if they weren't really a company while they were being videotaped...
I'm thinking seriously of going back to the old tag-line, with what's going on in the last few weeks and more to come on down the road with this administration it will work well.
About catching up with your great work, I haven't had a chance to do so as I usually do, in the middle of moving...installing new lines, coordinating hook-ups, business offices, paying people, got a roof to build yet over place, decks ect ect...so pretty tired when I get here.
On what grounds can ACORN sue? Is this another lefist organization attempting to shut up the opposition? If ACORN is so honest etc etc etc why are they not cleaning house and using this as a wake up call? Is this the criminal suing to cover there tracks covering there backside?
Local news stations and affiliates must be quaking in their collective boots wondering if the undercover, investigative reporting done by local and state "journalists" and "reporters" will be coming under the same scrutiny. You know, busting the local garage for ripping you off on car repairs, the local grocery not washing its produce; that kind of exact same thing.
The State Attorney came out so immediately and SO vociferously against the O'Keefe/Giles video, there seemed to be some kind of close connection between that state agency and ACORN. A relationship muy simpatico.
This is going to be fun. I want those slimeballs under oath.
Unfortunately for Breitbart his legal costs might be substantial. I hope quality conservative lawyers step forward with pro-bono time. Certainly there will be enough lefty tax-exempt organizations helping ACORN with it's costs. In fact maybe they'll still get some Government funding.
If Breitbart sets up a legal defense fund I'm ready to pony up.
On what legal standing can they sue? Breach of Contract? There wasn't any contract to breach,
Violation of privacy law? This is a publicly accessible, tax-free organization, they have no privacy rights which can be violated when ADVISING people, especially when they're ILLEGALLY advising people. The two people who taped this did't even sign a privacy statement, so there's no violation of privacy, none whatsoever.
Excessive embarrassment? Hay, that's what you get when you allow your employees to suggest illegal activities as part of your "community support" efforts.
This is just a nuisance lawsuit, designed to intimidate and silence people. As such, it will fail. It will probably even backfire.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
President Alinsky will shut this one down before it gets to discovery. This is merely some self-righteous sabre rattling from a criminal organization who has been caught red-handed in its comprehensive corruption. They'll beat their chests a little, appeal to the Marxist base and eventually go away because the administration, Congress and the media with any taint of this filthy organization are going to want this to go away. Look for A-HOLE to fold, then re-form under a new name, address, logo and Tax ID number. Same goons, different location. Alinsky, Jr. wants no part of this, so his people will put a stop to this before they have to start producing documents...or buying hundreds of shredders.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered." -George Best
I say sorta because I think all their records, papers, etc will be "nuanced" and "recalibrated" before any discovery is started, if it's allowed at all. I'm sure they have busy little bees lately!
Gary
If there must be trouble, let it be in my day, that my child may have peace. -- Tom Paine
It was only a matter of time before ACORN unleashed it's legal attack dogs on these folks...
ACORN doesn't have a legal leg to stand on here, so I say bring it on, and we'll see where this suit goes as far as who broke what laws here...ACORN may well regret doing this, once all of it's layers have been stripped away and it is fully exposed as the corrupt organization that it truly is.
"The problem is not that people are taxed too little...the problem is that government spends too much." ~President Ronald Reagan
Seems like I heard somewhere early last week, that they do have more to come...plus Fox is supposedly having some kind of a bombshell that was going to come out this week they have been working on according to Kelly and Hemmer on their show last week. (don't know if it is related though)
My Aunt Rita read us "Uncle Remus" stories in the late fifties...before they banned them. I remember "Amos n' Andy" too. Is it wrong to recognize the morals and humor in those stories? I think not!
The Libs didn't do blacks any favors with Amos and Andy. When they shut the show down, most of those black actors were out of work and they were really funny.
I'd love to see an interview with them to see what they thought of the show. I didn't see much difference between what they were doing and what Jackie Gleason was doing, it was all comedy. I don't believe Kingfish looked any more like a "stereotype" than the Bus Driving Ralph Cramden did. They were both trying to make a quick buck and that's all.
Election 2008-God's way of showing us that elections count.
Very good parody. Each typical in there own way, and funny to boot. I never saw color when watching either, just laughed. Yea, I say watched,, because the only AA I ever saw/heard was Double Check
Breitbart's server appears to be in Washington DC. Unless Breitbart maintains an office in Maryland or is organized in Maryland, he cannot easily be sued in a Maryland State Court. The applicability of a local Maryland statute to an out of State entity is very much in doubt.
You're absolutely right, there's a lot more yet to come. This incident occurred September 12, and this is the first time most -myself included- are even hearing about it. What's up with that?
I mean, we're not exactly living in the Pony Express news cycle, ya know (except for Charlie Gibson and Co.).
next they'll make them write on the chalkboard : "I will not give tax evasion advice to pimps and hookers" and "I will not assist in child slavery" 100 times
I think the IRS is getting a touch soft. Pissing off the IRS used to mean something.
____________________________________________
The Emperor, he has no clothes
I think Andrew Breibart hit the nail on the head when he mentioned the treasure trove of illegality that's waiting to be unearthed through the discovery process as the case progresses to trial. Early in this situation, the RICO laws were mentioned. It's entirely plausible that ACORN has that skeleton in their closet. At the very least, they'll have a long, long list of degenerate plans and actions that will wipe them out, even more than they are now.
Watch for this lawsuit to be withdrawn once the clamor settles down.
There aren't any missing children involved in the matter [well, not that we know of].
Chai
“When all government...in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided...” Thomas Jefferson
I was giddy about this at first, but this particular case will probably exclude bookkeeping discovery in that the charge will be specific to Maryland law concerning involuntary recording.
This sort of leaves the defense in the position of having to prove it was from a journalistic standpoint, lose at that level, and follow up the chain.
ACORN has had enough time to rid themselves of everything, everywhere by the top bosses...if they don't do it, Holder and JD will at O's request...with a wink and a nod.
I just hope '10 brings in conservatives to take power in one chamber.
'Doubling down on stupid is not a particularly good idea'~Breitbart
Mark Levin would start a *very* agressive discovery process. (so would any good lawyer)
Every scrap of paper that group has ever typed, printed, or hand written will be subjected to the light of day. These fools are digging themselves even deeper
"President Obama is learning on the job and it shows." --Boris Epshteyn
Bring it on then! I will bet you that Obama's connections will be revealed to be greater than what's believed and thus bring about his downfall - watch.
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." George Mason
Either they are that stupid or they have been promised some kind of help/protection from this adminstration...after-all, matters regarding ACORN can eventually bring O and others into this down the pike.
'Doubling down on stupid is not a particularly good idea'~Breitbart
I'm afraid they will use whatever they can to smash this down, and do a "New Black Panthers" to America. Dammit! Barry will quash this somehow. '10 will tell....
Gary
If there must be trouble, let it be in my day, that my child may have peace. -- Tom Paine
Excellent point that it's supremely stupid for ACORN to include the terminated employees as plaintiffs since a judgement favorable to the plaintiffs makes for a sound Wrongful Dismissal suit.
The post there put into words what I could not, the point that just because someone commits a (criminal code) crime against you does not give you the right to sue them in civil court. The fact (if it is a fact) of the crime is only supporting evidence. Civil court is about damages; in what way does ACORN submit that they have been damaged? If they suggest that their reputation has been damaged, then one can argue what good their reputation was before the incident. Kind of like a hooker suing someone that calls her a tramp.
ACORN's (assumed) angle on damages also seems to open up the defendant to a very broad discovery. Greta tonight thought that discovery would be an enormous intrusion into ACORN and that ACORN was foolish to even entertain a procedure involving discovery. Discovery in this case is extremely one-sided; ACORN is a Pandora's Box, two twenty-something independents don't have much to discover about.
The firing is also as you infer, a barn door. If their employees were so innocent that this damages them, why was ACORN's first reaction to fire them? Wasn't that an admission that they were at fault?
Might be one of those cases where the jury rules for the plaintiff and awards $1.00.
My guess is ACORN will slander and smear these two until they are forced to crack open their books. Then they'll claim victory as they make a grand gesture of forgiveness and drop the suit.
I'm just wondering if this even warrants a criminal charge. I may be wrong, but doesn't the Maryland law apply to phone conversations only, or has the broadness of the law not been tested in court yet?
Either way, it's a very transparent ploy, and ACORN may just lose a lot more because of this.
Like I said below, the MSM will try to put this in a good a light for ACORN as they can, and will undoubtedly smear O'keefe and Giles mercilessly.
Of course, that could very well backfire too.
"If the man, with the power, can't keep it under control...some heads are gonna roll." -Judas Priest
Apparently Maryland has a law against taping phone conversations without the knowledge and consent of both parties. It will be interesting to see how this goes.
Of course, it is obviously a cover for their floor to ceiling corruption, but we know how the MSM will cover this.
"If the man, with the power, can't keep it under control...some heads are gonna roll." -Judas Priest
Interesting points on Baltimore's privacy law, what constitutes expectation of privacy, the Food Lion precedent, and the near certainty that Breitbart cannot be tied to this because he simply reported the news.
Remember that CNN (?) broadcast the intercepted phone call that Gingrich was on in the early 90's, clearly the interception was an illegal act. The broadcasters were immune in that case. That may be relevant.
This thing is a loser from every angle. Even if ACORN and the former ACORNers win, the defendants can probably get this overturned on appeal based on the unconstitutionality of the MD law.
The MD law (as I understand it) applies to phone conversations or other conversations where there is some expectation of privacy. The ACORN video was taken in the ACORN offices with other ACORN workers around and in the background. In some of the videos various workers are seen coming into and then leaving the reception area where the interviews took place. There could have been NO expectation of privacy in that situation.
Are State judges in Maryland elected or appointed? It could make a HUGE difference on whether this case is continued or dismissed.
Throw 'da bums out!!!
no incumbent re-elected, with very few exceptions!
Editor at Large
Comments Policy
Thanks, Noel
September 23, 2009 - 16:38 ET by BlondeWe saw that one coming a mile away.
Wonder who their lawyer is? FOB?
I hope he fails, too.
Probably Lynne Stewart, Ron
September 23, 2009 - 16:54 ET by fitzfongProbably Lynne Stewart, Ron Kuby or Ronnie Earle. Kuntsler, Johnnie Cochran and Mike Nifong were obviously unavailable.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered." -George Best
Vernon Jordan still
September 23, 2009 - 16:59 ET by bigtimerVernon Jordan still around?
'Go Green...Recycle Congress'
fitz.. Who was the lawyer
September 23, 2009 - 17:09 ET by Jerfitz..
Who was the lawyer [African-American] who was either representing or at least a big supporter of Tawana Brawley (along with Sharpton)? He was on Fox quite a bit.
Jer
Good guess, Jer
September 23, 2009 - 17:11 ET by BlondeRegardless...I think the lawyer will be a friend of Barack.
I hope he fails, too.
Michelle's not doing
September 23, 2009 - 17:15 ET by BKeyserMichelle's not doing anything...
BK, Good idea, but I
September 23, 2009 - 17:16 ET by Chris NormanBK,
Good idea, but I think Michelle is busy being fabulous.
The "Mainstream" Media: By liberals. For liberals.
LOL, Chris
September 23, 2009 - 17:40 ET by BlondeIf fabulous is wearing a chastity belt....well, so be it.
Good grief, that woman makes a Mack truck look sexy.
I hope he fails, too.
Now blonde....
September 23, 2009 - 17:55 ET by Willis_Leon_JohnsonThere is no call to badmouth any decent brand of trucks.
Trucks have a functional ability to improve the lives of the American People.
They can turn the heads of normal MEN when they go by.
Whether it is the air horn or the exhaust stack speaking, you KNOW power is near.
The only similarity I can think of is dogs will pee on either one. (with the truck, somebody will care and wash off the wheel)
http://gjresult.com
Oops....sorry WLJ
September 23, 2009 - 17:58 ET by BlondeI meant no insult to the trucks, truly!
But your post...dude...MO sounds like an airhorn, or an exhaust, and the dog thing...well....
I hope he fails, too.
Compared to her....
September 23, 2009 - 18:02 ET by Willis_Leon_JohnsonEven a totalled truck that burned is 'sexy'....
Well, sexier than mush-hell.
http://gjresult.com
→ Blonde
September 23, 2009 - 18:24 ET by Cool ArrowA chastity belt?
Maybe that's the effect CNN reporter Richard Quest was trying to achieve.
belt?
September 24, 2009 - 11:59 ET by Willis_Leon_JohnsonHow about she has a chastity face?
http://gjresult.com
"that woman makes a Mack
September 23, 2009 - 20:06 ET by Dan Diego"that woman makes a Mack truck look sexy." Hmmmm, maybe Janet Reno available.
Of course she is. You
September 23, 2009 - 19:43 ET by fitzfongOf course she is. You don't get sleeveless arms like that without putting in the time and the work (apparently). Perhaps Mark Geragos is available. With that track record, he should be.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered." -George Best
Jer, I think there were
September 23, 2009 - 17:13 ET by fitzfongJer,
I think there were two. You're probably thinking of Alton Maddox, but Vernon Mason was involved, too.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered." -George Best
Bingo, fitz...I knew I
September 23, 2009 - 18:26 ET by JerBingo, fitz...I knew I could depend on you to know. Alton Maddox was indeed whom I had in mind. I had forgotten about Vernon Mason. Thanks.
Jer
Standing to sue?
September 23, 2009 - 16:44 ET by carolina09ACORN isn't supposed to be doing business in Baltimore. Do they have standing to sue? I'd think the individuals involved would have standing.
Beat me to it carolina!
September 23, 2009 - 16:45 ET by BKeyserBeat me to it carolina!
It's ACORN and the two employees
September 23, 2009 - 18:27 ET by mom_roxFrom various sources:
Pass the popcorn. This is going to be fun.
~~save your tea, dump congress~~
open the books ACORN! I'm
September 23, 2009 - 16:44 ET by nicksmith112open the books ACORN!
I'm a refugee from the Democratic Party.
Bring in the Clowns
September 23, 2009 - 18:00 ET by wolfemanicI love watching backwards thinking.
But hey, it's their funeral, discovery will crack this nut wide open.
oops
September 23, 2009 - 22:35 ET by nadadhimmiO'Keefe won't back down. He is using Alinsky tactics and will INSIST Acorn meet his discovery demands and will re-double his accusations against Acorn. Acorn is used to people folding up at their bogus charges of racism. They aren't used to having their own, accusatory tactics turned back upon them. They will cry and moan, cry racism, and end the lawsuit because the discovery process will expose to much dirt. BUT, O'Keefe just may file counter charges and Acorn will be roasted like chestnuts, over an open flame. They will soon realize they have overplayed their hand and the lib Senators and Congresscritters will not be able to go back on their votes against Acorn because it will still be hot news. These arrogant Acorn racists are going to get a dose of their own medicine. The irony is so rich.
nad... Rich indeed...I
September 23, 2009 - 22:49 ET by bigtimernad...
Rich indeed...I love your thinking here...if this does work out as you state, talk about more than delicious.
'Doubling down on stupid is not a particularly good idea'~Breitbart
Breitbart is in the briar
September 23, 2009 - 22:58 ET by d1carterBreitbart is in the briar patch...
Let the discovery
September 23, 2009 - 16:44 ET by SouthernRootsLet the discovery begin!
I won't be wronged. I won't be insulted. I won't be laid a-hand on. I don't do these things to other people, and I require the same from them. - J.B. Books (John Wayne)
That's right!
September 23, 2009 - 19:35 ET by Gat New YorkWith this lawsuit Breitbart can uncover extensive information about ACORN through discovery in their attempt to defend themselves that ACORN may not want to reveal. This could be the dumbest thing ACORN does yet.
Good thing they got their
September 23, 2009 - 16:44 ET by BKeyserGood thing they got their licensing back in order- they were operating illegally for more than a year. Hmmm- if they weren't really a company while they were being videotaped...
Acorn
September 23, 2009 - 16:46 ET by svh83I agree Southernroots. Discovery, discovery , discovery..
"I think you'd better call John, 'cause it don't look they're here to deliver...the mail". -NY
They're bluffing!
September 23, 2009 - 18:34 ET by Sergeant ROCKThat, or they're getting the worst legal advice ever and should sue for that. Or, they just could be partisan idiots.
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
I just saw the same story
September 23, 2009 - 16:46 ET by bigtimerI just saw the same story from Politico.
As Breitbart will be saying...
'Doubling Down on Stupid is not a particularly smart thing to do.'
'Go Green...Recycle Congress'
Hey BT!
September 23, 2009 - 16:50 ET by BKeyserYou got to double down on being green- you recycled your old tagline!
Have you caught any of my new photoshops? I'm piling them up.
Hey BK... I'm thinking
September 23, 2009 - 17:04 ET by bigtimerHey BK...
I'm thinking seriously of going back to the old tag-line, with what's going on in the last few weeks and more to come on down the road with this administration it will work well.
About catching up with your great work, I haven't had a chance to do so as I usually do, in the middle of moving...installing new lines, coordinating hook-ups, business offices, paying people, got a roof to build yet over place, decks ect ect...so pretty tired when I get here.
Should be back to normal in a few weeks. ;-)
'Go Green...Recycle Congress'
BT/BK~
September 23, 2009 - 23:10 ET by Georgia GirlHey, throw this girl a lifeline! Don't bust a gut but...how the heck do you put a tagline on? I've tried, really I have.
GG~~
September 23, 2009 - 23:14 ET by BKeyserGo to "My account" "Edit" and type your tagline in under "Signature"
What?
September 23, 2009 - 23:18 ET by Georgia GirlIt was THAT easy...oh good gravy. I tried all these other difficult things. Sigh.
Thanks! Even I should be able to follow those kind of computer directions. ^_^
GG~~
September 23, 2009 - 23:20 ET by BKeyserIs:
Thanks! Even I should be able...
your new tagline? (lol)
On what grounds can ACORN
September 23, 2009 - 16:50 ET by ForeverOnTheRightOn what grounds can ACORN sue? Is this another lefist organization attempting to shut up the opposition? If ACORN is so honest etc etc etc why are they not cleaning house and using this as a wake up call? Is this the criminal suing to cover there tracks covering there backside?
Every Local News Station and Affiliate, Too?
September 23, 2009 - 16:52 ET by BondPlainBondLocal news stations and affiliates must be quaking in their collective boots wondering if the undercover, investigative reporting done by local and state "journalists" and "reporters" will be coming under the same scrutiny. You know, busting the local garage for ripping you off on car repairs, the local grocery not washing its produce; that kind of exact same thing.
The State Attorney came out so immediately and SO vociferously against the O'Keefe/Giles video, there seemed to be some kind of close connection between that state agency and ACORN. A relationship muy simpatico.
Fun-Fun-Fun
September 23, 2009 - 16:56 ET by CaringwhiteguyThis is going to be fun. I want those slimeballs under oath.
Unfortunately for Breitbart his legal costs might be substantial. I hope quality conservative lawyers step forward with pro-bono time. Certainly there will be enough lefty tax-exempt organizations helping ACORN with it's costs. In fact maybe they'll still get some Government funding.
If Breitbart sets up a legal defense fund I'm ready to pony up.
I'll pony up as well
September 23, 2009 - 18:32 ET by jdlybrandSomehow I get the feeling there aren't many 'pro bono' conservative lawyers out there. I'd sure like to see these scumbags in ACORN go down!
"What a revoltin' development this is!"
Chester Riley
Time to crack open a can of
September 23, 2009 - 16:57 ET by kangarooTime to crack open a can of worms, popcorn please
What's to sue?
September 23, 2009 - 16:58 ET by CobraManOn what legal standing can they sue? Breach of Contract? There wasn't any contract to breach,
Violation of privacy law? This is a publicly accessible, tax-free organization, they have no privacy rights which can be violated when ADVISING people, especially when they're ILLEGALLY advising people. The two people who taped this did't even sign a privacy statement, so there's no violation of privacy, none whatsoever.
Excessive embarrassment? Hay, that's what you get when you allow your employees to suggest illegal activities as part of your "community support" efforts.
This is just a nuisance lawsuit, designed to intimidate and silence people. As such, it will fail. It will probably even backfire.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
Unless you're a fetus.
The US Supreme Court
cobra... Oh backfire it
September 23, 2009 - 17:07 ET by bigtimercobra...
Oh backfire it will...these people are fools.
I say bring it on...we will find out more of their illegalities these pigs at the trough are involved in.
'Go Green...Recycle Congress'
Who will pay their lawyers?
September 23, 2009 - 17:06 ET by Spinningplates2You know that the Left does not usually pay for the lawyers they use, so it will really be our tax dollars at work.
Sp... Right you are, so
September 23, 2009 - 17:11 ET by bigtimerSp...
Right you are, so we may as well get GOOD use out of our money for a change!
'Go Green...Recycle Congress'
The cookie jar
September 23, 2009 - 17:07 ET by OneunderThis goes to show how screwed up our country has become. You get caught doing something wrong and accuse the source.
So sad......
"Government is like a
baby: An alimentary canal with a big appetite at one end and no sense of
responsibility at the other."
- Ronald Reagan
President Alinsky will shut
September 23, 2009 - 17:09 ET by fitzfongPresident Alinsky will shut this one down before it gets to discovery. This is merely some self-righteous sabre rattling from a criminal organization who has been caught red-handed in its comprehensive corruption. They'll beat their chests a little, appeal to the Marxist base and eventually go away because the administration, Congress and the media with any taint of this filthy organization are going to want this to go away. Look for A-HOLE to fold, then re-form under a new name, address, logo and Tax ID number. Same goons, different location. Alinsky, Jr. wants no part of this, so his people will put a stop to this before they have to start producing documents...or buying hundreds of shredders.
"I spent a lot of money on booze, birds and fast cars. The rest I just squandered." -George Best
I'm sorta with ya on that fitz
September 23, 2009 - 17:44 ET by RukusI say sorta because I think all their records, papers, etc will be "nuanced" and "recalibrated" before any discovery is started, if it's allowed at all. I'm sure they have busy little bees lately!
Gary
If there must be trouble, let it be in my day, that my child may have peace. -- Tom Paine
Big surprise...NOT!
September 23, 2009 - 17:48 ET by PrairieSkyIt was only a matter of time before ACORN unleashed it's legal attack dogs on these folks...
ACORN doesn't have a legal leg to stand on here, so I say bring it on, and we'll see where this suit goes as far as who broke what laws here...ACORN may well regret doing this, once all of it's layers have been stripped away and it is fully exposed as the corrupt organization that it truly is.
"The problem is not that people are taxed too little...the problem is that government spends too much." ~President Ronald Reagan
Last week Brietbart said he
September 23, 2009 - 17:49 ET by Jack BauerLast week Brietbart said he was begging ACORN to sue him.
He couldn't wait for his lawyers to get into the discovery phase should they be so foolish.
Jack and fools they
September 23, 2009 - 17:51 ET by bigtimerJack
...and fools they are.
It will be priceless.
'Go Green...Recycle Congress'
I Keep Thinking
September 23, 2009 - 18:04 ET by CaringwhiteguyI keep thinking what other tapes does Breitbart have? What else does he know?
Cwg... Seems like I heard
September 23, 2009 - 18:25 ET by bigtimerCwg...
Seems like I heard somewhere early last week, that they do have more to come...plus Fox is supposedly having some kind of a bombshell that was going to come out this week they have been working on according to Kelly and Hemmer on their show last week. (don't know if it is related though)
We shall see.
'Go Green...Recycle Congress'
→ Please Mister Fox
September 23, 2009 - 17:52 ET by Cool ArrowPlease don't throw me into that briar patch!
"Born and bred in the briar patch."
September 23, 2009 - 18:28 ET by general companyBriar Patch indeed
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
I'm old enough to remember
September 23, 2009 - 18:45 ET by jdlybrandMy Aunt Rita read us "Uncle Remus" stories in the late fifties...before they banned them. I remember "Amos n' Andy" too. Is it wrong to recognize the morals and humor in those stories? I think not!
"What a revoltin' development this is!"
Chester Riley
jdly... Ditto that...I
September 23, 2009 - 18:49 ET by bigtimerjdly...
Ditto that...I remember as well.
In fact about 15 years ago I had beautiful twin kittens I named Amos and Andy...never gave it a thought about anything to do with racism.
Sad what has and is happening to this country.
'Go Green...Recycle Congress'
Kinda' makes you glad to think
September 23, 2009 - 19:26 ET by jdlybrandWe're 'old school now'. I wouldn't trade it for nothing. As the saying goes...'I'm not getting older; I'm getting better'! :-)
"What a revoltin' development this is!"
Chester Riley
Heck,,I always just thought they were Country folk
September 23, 2009 - 19:37 ET by general companyJust like me
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
The Irony
September 23, 2009 - 22:48 ET by pbthinkerThe Libs didn't do blacks any favors with Amos and Andy. When they shut the show down, most of those black actors were out of work and they were really funny.
I'd love to see an interview with them to see what they thought of the show. I didn't see much difference between what they were doing and what Jackie Gleason was doing, it was all comedy. I don't believe Kingfish looked any more like a "stereotype" than the Bus Driving Ralph Cramden did. They were both trying to make a quick buck and that's all.
Election 2008-God's way of showing us that elections count.
Yep PB
September 23, 2009 - 23:17 ET by general companyVery good parody. Each typical in there own way, and funny to boot. I never saw color when watching either, just laughed. Yea, I say watched,, because the only AA I ever saw/heard was Double Check
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
Ace in the hole
September 23, 2009 - 17:56 ET by katainkentThis has been so well, and carefully played on Breitbart's part I can't believe they are so stupid.
____________________________________________
The Emperor, he has no clothes
Jurisdiction
September 23, 2009 - 18:09 ET by allanfBreitbart's server appears to be in Washington DC. Unless Breitbart maintains an office in Maryland or is organized in Maryland, he cannot easily be sued in a Maryland State Court. The applicability of a local Maryland statute to an out of State entity is very much in doubt.
Any of the lawyers here want to comment?
Jack and bt...Yep! Can't wait...
September 23, 2009 - 18:14 ET by PrairieSkyto see where this goes...
ACORN may do well to remember the old expression, "Be careful what you wish for..you may get it..."
"The problem is not that people are taxed too little...the problem is that government spends too much." ~President Ronald Reagan
Sky... You betcha! It
September 23, 2009 - 18:22 ET by bigtimerSky...
You betcha!
It is going to be interesting if they are insane enough to do this.
'Go Green...Recycle Congress'
Legal Defense Fund?
September 23, 2009 - 17:57 ET by danboPlease, let us know when, where, if one is set up.
HAHAHAHAHA. HEHEHE. I didn’t even know about it. Um. So, you’ve got me at a loss. I don’t know. (Charles Gibson of the dead media.)
X
September 23, 2009 - 17:58 ET by serfer62Man! You guys missed Big Time!!!
The aclu of course....
→ serfer
September 23, 2009 - 18:02 ET by Cool ArrowYou're pulling a lot of legs.
Ain't falling for it, no sir.
LOL (and I think this is only, like the second time I've ever LOLed)
it's lol-worthy
September 23, 2009 - 18:17 ET by katainkentin my mind the court case plays like a Mel Brooks movie or a Monty Python skit. I can't decide which I like better.
____________________________________________
The Emperor, he has no clothes
→ Brooks for sure
September 23, 2009 - 18:21 ET by Cool ArrowExcept Brooks plays a judge instead of the governor from Blazing Saddles.
"Tort! Tort! Tort! Tort! Tort! Tort! Tort! Tort! "
The ACLU goes without
September 23, 2009 - 18:12 ET by bigtimerThe ACLU goes without saying for me.
Bring it on.
'Go Green...Recycle Congress'
→ More breaking news
September 23, 2009 - 18:33 ET by Cool ArrowKentucky Census worker found hanged from a tree with the word "FED" on his chest.
Cool... Hmmm...interesting
September 23, 2009 - 18:38 ET by bigtimerCool...
Hmmm...interesting...bet there is a lot more to the story yet to come..if we ever find out the truth.
'Go Green...Recycle Congress'
Bigtimer
September 23, 2009 - 23:56 ET by BarkerYou're absolutely right, there's a lot more yet to come. This incident occurred September 12, and this is the first time most -myself included- are even hearing about it. What's up with that?
I mean, we're not exactly living in the Pony Express news cycle, ya know (except for Charlie Gibson and Co.).
(edited)
Cool,
September 23, 2009 - 19:19 ET by R D HelmSounds like somebody didn't appreciate the probing questions they were being asked.
-Dave
I agree with Rush. It's time for Obama to resign.
→ Hope not
September 23, 2009 - 19:21 ET by Cool ArrowI hope it has nothing to do with the FED or the Census.
I just wanted to put it on the screen so we can follow it.
...the word "FED" on his chest.
September 23, 2009 - 19:30 ET by BarkerDoes that mean he had a last meal?
Barker... Wonder if they
September 23, 2009 - 19:52 ET by bigtimerBarker...
Wonder if they still are making moonshine in those parts...EverClear is deadly.
'Doubling down on stupid is not a particularly good idea'~Breitbart
BRING IT ! Release the
September 23, 2009 - 18:39 ET by bnjohansonBRING IT ! Release the flood of Discovery....
→ IRS jumps in
September 23, 2009 - 18:47 ET by Cool ArrowThe IRS has decided to cease paying ACORN to help with free tax services.
What took them so long? I guess they had to check with Tim Geithner who took his Taxes to ACORN after failing so miserably with Turbo-Tax.
severs ties?
September 23, 2009 - 19:39 ET by katainkentnext they'll make them write on the chalkboard : "I will not give tax evasion advice to pimps and hookers" and "I will not assist in child slavery" 100 times
I think the IRS is getting a touch soft. Pissing off the IRS used to mean something.
____________________________________________
The Emperor, he has no clothes
→ Yet more Breaking News!
September 23, 2009 - 18:49 ET by Cool ArrowJudges Sotomayor and Ginsberg tried each other.
OK, that one's not official yet.
Acorn suing Breitbart! Great!!!!!!
September 23, 2009 - 18:50 ET by Poljunkcan you say discovery!!!!!!! I hope Biggovernment.com exposes them through discovery and puts Acorn out of existance!
Where is Obama when Acorn needs him... maybe he could resign and go do some pro bono work
Yes, good idea
September 23, 2009 - 18:59 ET by general companyWhere is Obama when Acorn needs him... maybe he could resign and go do some pro bono work
Let start a poll, dems are often convinced by polls
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
I Don't Think They'll Bring It
September 23, 2009 - 18:52 ET by rammingspeedI think Andrew Breibart hit the nail on the head when he mentioned the treasure trove of illegality that's waiting to be unearthed through the discovery process as the case progresses to trial. Early in this situation, the RICO laws were mentioned. It's entirely plausible that ACORN has that skeleton in their closet. At the very least, they'll have a long, long list of degenerate plans and actions that will wipe them out, even more than they are now.
Watch for this lawsuit to be withdrawn once the clamor settles down.
This better be televised !!!
September 23, 2009 - 19:05 ET by caiobabeI seriously mean it. C-Span, Court TV, Nancy Grace better do us justice and get the rights to broadcast this and fast.
We need to see and hear just how ACORN operates.
We need to see and hear just how they plan to attack the kids that exposed them.
And we really need to hear if ebonics will be used in speech by the ACORN folk to garner sympathy.
Don't look to Nancy Grace for coverage
September 23, 2009 - 19:59 ET by ChaitealoverThere aren't any missing children involved in the matter [well, not that we know of].
Chai
“When all government...in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided...” Thomas Jefferson
...
September 23, 2009 - 19:19 ET by EugeniaHmmm. Perhaps APORN should double-think this. Under discovery, they might have to (finally) open their books...
"When people stop believing in God, they don't believe in nothing -- they believe in anything."
-- GK Chesterton
→ Eugenia
September 23, 2009 - 19:26 ET by Cool ArrowI was giddy about this at first, but this particular case will probably exclude bookkeeping discovery in that the charge will be specific to Maryland law concerning involuntary recording.
This sort of leaves the defense in the position of having to prove it was from a journalistic standpoint, lose at that level, and follow up the chain.
Cool~~
September 23, 2009 - 19:34 ET by BKeyserHeres the docs if you haven't seen them yet.
→ Thanks Keyser
September 23, 2009 - 19:43 ET by Cool ArrowThe phrase "qualified applicants" might get their foot into financial discovery.
BTW, did you get my IM?
Cool~~
September 23, 2009 - 19:45 ET by BKeyserHmmm. nope, no IM. When?
→ PM
September 23, 2009 - 19:51 ET by Cool ArrowOK, it was a PM.
I show to have sent it.
Cool~~
September 23, 2009 - 19:53 ET by BKeyserOh, I knew what you meant. And still nope, just checked my inbox. Can you resend?
ChickaBOOMer: ACORN Sues. Barney Backtracks.
September 23, 2009 - 19:43 ET by StewartIIIACORN Sues. Barney Backtracks.
http://chickaboomer....
I love the small of
September 23, 2009 - 20:05 ET by seanrobinsI love the small of discovery in the morning.
Let the carnage begin!
sean robins
→ gotta hurry
September 23, 2009 - 20:07 ET by Cool ArrowI love the small of a woman's back.
Did I beat you to the correction?
Yessssss!!!!!
All around the country Acorn offices are going up in flames.
September 23, 2009 - 20:24 ET by general companyAnd will be blamed on right wing nut jobs, just like this census worker. He probably came to his senses in front of the wrong people.
If I has Andrew my first phone call would be to Mark Levin, and start the dog and pony show in ernest!!
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
→ ACORN Offices
September 23, 2009 - 20:27 ET by Cool ArrowThey might play that card, but all those files would be lost, too.
I'd be suspicious given who has the most to gain.
Going up in flames
September 23, 2009 - 20:30 ET by Sergeant ROCKSo, it's a WIN - WIN situation in that scenario!
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
Yep... ACORN has had
September 23, 2009 - 20:32 ET by bigtimerYep...
ACORN has had enough time to rid themselves of everything, everywhere by the top bosses...if they don't do it, Holder and JD will at O's request...with a wink and a nod.
I just hope '10 brings in conservatives to take power in one chamber.
'Doubling down on stupid is not a particularly good idea'~Breitbart
Mark Levin would start a *very* agressive discovery process.
September 23, 2009 - 20:31 ET by Free StinkerOh yes !!
Mark Levin would start a *very* agressive discovery process. (so would any good lawyer)
Every scrap of paper that group has ever typed, printed, or hand written will be subjected to the light of day. These fools are digging themselves even deeper
"President Obama is learning on the job and it shows." --Boris Epshteyn
gc... You just know Levin
September 23, 2009 - 20:34 ET by bigtimergc...
You just know Levin and Landmark Foundation would take this on lickety-split and win if need be.
'Doubling down on stupid is not a particularly good idea'~Breitbart
AKORN Suicide
September 23, 2009 - 20:36 ET by Sergeant ROCKThat's why I say - They're bluffing!!
Are they really that STUPID?
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
"Are they really that STUPID? "
September 23, 2009 - 20:41 ET by RukusYes!!!
I don't know how so many Americans fell for this idiot (Barry) that they can't see it now. I hope Americans are waking up to what's going on.
Gary
If there must be trouble, let it be in my day, that my child may have peace. -- Tom Paine
I think they really are that stupid.
September 23, 2009 - 20:40 ET by Free StinkerI don't think it's a bluff.
I think they really are that stupid.
"President Obama is learning on the job and it shows." --Boris Epshteyn
Ditto!!!
September 23, 2009 - 20:42 ET by RukusGary
If there must be trouble, let it be in my day, that my child may have peace. -- Tom Paine
Well, stupid is as stupid does!!
September 23, 2009 - 20:42 ET by Sergeant ROCKBring it on then! I will bet you that Obama's connections will be revealed to be greater than what's believed and thus bring about his downfall - watch.
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
Lets hope so FS
September 23, 2009 - 20:45 ET by general companyThe more this stays on the wire the better
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
I agree
September 23, 2009 - 20:50 ET by candanceThey really are that stupid and they think they'll get away with it. Being shielded from consequence for so long tends to rot the brain.
Rock... Either they are
September 23, 2009 - 20:42 ET by bigtimerRock...
Either they are that stupid or they have been promised some kind of help/protection from this adminstration...after-all, matters regarding ACORN can eventually bring O and others into this down the pike.
'Doubling down on stupid is not a particularly good idea'~Breitbart
Political Suicide
September 23, 2009 - 20:44 ET by Sergeant ROCKObama will be comitting political suicide if he does that. As well as exposing himself to being the leftist fool that we all know he is!
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
You know, Barney Frank is
September 23, 2009 - 20:45 ET by Free StinkerYou know, Barney Frank is speaking of having congress investigate the film-maker and his helper.
Co-ordinated harrasment campaign maybe?
"President Obama is learning on the job and it shows." --Boris Epshteyn
Hard Tyranny has begun.
September 23, 2009 - 20:51 ET by general companyWhen the Gov seeks out individuals to make examples of them. Tyranny is in full force.
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
FS... Well, I'll be
September 23, 2009 - 20:53 ET by bigtimerFS...
Well, I'll be darned, what won't they think of next to attempt, this is the first I've heard of this regarding Barney...glad to know this info.
What hypocrisy, Barney should have been investigated and tried himself for his BS with Fred/Fan..oops forgot, he has a 'D' behind his name.
'Doubling down on stupid is not a particularly good idea'~Breitbart
I agree
September 23, 2009 - 20:46 ET by RukusI'm afraid they will use whatever they can to smash this down, and do a "New Black Panthers" to America. Dammit! Barry will quash this somehow. '10 will tell....
Gary
If there must be trouble, let it be in my day, that my child may have peace. -- Tom Paine
What about "discovery", are
September 23, 2009 - 21:04 ET by msh1973What about "discovery", are they sure they want to sue?
msh... Where/when fools
September 23, 2009 - 21:06 ET by bigtimermsh...
Where/when fools rush in... you know the rest. ;-)
'Doubling down on stupid is not a particularly good idea'~Breitbart
Legal Analysis
September 23, 2009 - 21:21 ET by slickwillie2001First bit of legal analysis I've seen, looks good:
Acorn's Lawsuit: http://corner.nationalreview.com
By the way, I thought we had some lawyer posters? Where are they?
→ Awesome slick
September 23, 2009 - 21:45 ET by Cool ArrowExcellent point that it's supremely stupid for ACORN to include the terminated employees as plaintiffs since a judgement favorable to the plaintiffs makes for a sound Wrongful Dismissal suit.
It is stupid, but my guess
September 23, 2009 - 21:49 ET by Free StinkerIt is stupid, but my guess is that ACORN is trying to create fear in their remaining employees, and anyone else who might dare "take them on".
I'm guessing the fear thing won't work so well.
Re ACORN
September 23, 2009 - 22:15 ET by slickwillie2001The post there put into words what I could not, the point that just because someone commits a (criminal code) crime against you does not give you the right to sue them in civil court. The fact (if it is a fact) of the crime is only supporting evidence. Civil court is about damages; in what way does ACORN submit that they have been damaged? If they suggest that their reputation has been damaged, then one can argue what good their reputation was before the incident. Kind of like a hooker suing someone that calls her a tramp.
ACORN's (assumed) angle on damages also seems to open up the defendant to a very broad discovery. Greta tonight thought that discovery would be an enormous intrusion into ACORN and that ACORN was foolish to even entertain a procedure involving discovery. Discovery in this case is extremely one-sided; ACORN is a Pandora's Box, two twenty-something independents don't have much to discover about.
The firing is also as you infer, a barn door. If their employees were so innocent that this damages them, why was ACORN's first reaction to fire them? Wasn't that an admission that they were at fault?
Might be one of those cases where the jury rules for the plaintiff and awards $1.00.
My guess is ACORN will
September 23, 2009 - 22:30 ET by Dan DiegoMy guess is ACORN will slander and smear these two until they are forced to crack open their books. Then they'll claim victory as they make a grand gesture of forgiveness and drop the suit.
I agree on the criminal-->civil angle
September 23, 2009 - 22:55 ET by RESTLESS 1I'm just wondering if this even warrants a criminal charge. I may be wrong, but doesn't the Maryland law apply to phone conversations only, or has the broadness of the law not been tested in court yet?
Either way, it's a very transparent ploy, and ACORN may just lose a lot more because of this.
Like I said below, the MSM will try to put this in a good a light for ACORN as they can, and will undoubtedly smear O'keefe and Giles mercilessly.
Of course, that could very well backfire too.
"If the man, with the power, can't keep it under control...some heads are gonna roll." -Judas Priest
Greta was Jealous
September 23, 2009 - 23:05 ET by general companyOf the defence attorneys. This should be fun. If acorn folds this venture, then other work to uncover them can proceed with impunity.
My Gov. thinks I am dangerous, so be careful
"Television is a freak show" Bernie Goldberg
Reply to Blonde
September 23, 2009 - 21:39 ET by JudithAmen. I would have dropped dentures if I owned any when I saw her a$$ in that bright blue dress. Gawd, she is one big butt. Hee hee
Knew this was coming
September 23, 2009 - 22:45 ET by RESTLESS 1Apparently Maryland has a law against taping phone conversations without the knowledge and consent of both parties. It will be interesting to see how this goes.
Of course, it is obviously a cover for their floor to ceiling corruption, but we know how the MSM will cover this.
"If the man, with the power, can't keep it under control...some heads are gonna roll." -Judas Priest
More Legal Here
September 23, 2009 - 23:07 ET by slickwillie2001From a little acorn, a not particularly mighty lawsuit grows: http://www.popehat.com
Interesting points on Baltimore's privacy law, what constitutes expectation of privacy, the Food Lion precedent, and the near certainty that Breitbart cannot be tied to this because he simply reported the news.
Remember that CNN (?) broadcast the intercepted phone call that Gingrich was on in the early 90's, clearly the interception was an illegal act. The broadcasters were immune in that case. That may be relevant.
This thing is a loser from
September 24, 2009 - 05:42 ET by G. MayThis thing is a loser from every angle. Even if ACORN and the former ACORNers win, the defendants can probably get this overturned on appeal based on the unconstitutionality of the MD law.
Good discussion about this over at Volokh's site.
The suit should be summarily dismissed IMO...
September 24, 2009 - 07:07 ET by c5thenThe MD law (as I understand it) applies to phone conversations or other conversations where there is some expectation of privacy. The ACORN video was taken in the ACORN offices with other ACORN workers around and in the background. In some of the videos various workers are seen coming into and then leaving the reception area where the interviews took place. There could have been NO expectation of privacy in that situation.
Are State judges in Maryland elected or appointed? It could make a HUGE difference on whether this case is continued or dismissed.
Throw 'da bums out!!!
no incumbent re-elected, with very few exceptions!
www.loyaltoliberty.com
Lawyer
September 24, 2009 - 08:07 ET by topdog729Joe Scarbough ain't doing nothing, other then the limp D$&#
morning show.
Perhaps he'd like to lend his stupidity to a different public forum!
He says he's a lawyer!
and god knows he's had uncle bo's testicles on chin on more then one occassion.
Lawyers???
September 24, 2009 - 10:52 ET by slickwillie2001I'm really surprised at this thread; I thought we had some lawyer-posters here. Was I mistaken?