The American Spectator

SmithCarter| 9.11.09 @ 4:50AM

i will accept your decision thanks.

http://ezinearticles.com/?Dont.....id=2544517

Jaded| 9.11.09 @ 6:25AM

If Maryland goes after the journalists and they are REAL journalists the OUTRAGE will be huge. I hope they attempt it because then it will get the ATTENTION it deserves.

JP| 9.11.09 @ 8:45AM

I agree with Jaded. The last thing the ACORN leadership wants is to put any spotlight on thier activities. If the Maryland AG presses for indictments, who knows where this thing will end. The more the average Joe hears about ACORN and this video the more national outrage will be generated, and the more calls for formal investigations by either Congress or Obama's AG (unlikely). This is the kind of story that once it is in the national spotlight it won't go away. And remember, elections loom next year.

No, the Maryland AG will not touch this case.

S.L. Toddard| 9.11.09 @ 10:14AM

"In fact, they have two standards -- one for them, and one for everybody else."

That's reprehensible. As someone who hates double standards, I'm sure you agree with me that both the ACORN employees and James O'Keefe should be prosecuted for their crimes to the full extent of the law - the ACORN employees for conspiracy to enable child prostitution and James O'Keefe for illegal surveillance. Isn't that right, Stacey? I mean we wouldn't want to apply double standards, after all.

You mean like demanding ACORN be held accountable under the law but not James O'Keefe, who committed a very real crime?

MAURICE| 9.24.09 @ 7:21PM

Of course they like double standards...The dopes at Acorn should be prosecuted if they broke any law. And so should the journalists. But if two bankers, in violation of bank policy violate the law, do we punish bank or just the bankers? If the former, why didnt Dubya prosecute all the banks, insurance and investment companies who raped us on a daily basis?

J. Starr| 9.11.09 @ 10:41AM

The thing is - and I can't believe these ACORN poons were not just willing to facilitate money laundering, tax fraud, prostitution but also CHILD SEX TRAFFICKING (make that government-funded child sex trafficking America), not just also willing to believe such an over the top story (run for Congress?) from two kids who looked like they were heading for a bad taste fancy dress party in the middle of the day - these two ACORN goons, or at least one - Tonya I think it was - were also defrauding ACORN because Tonya was going to do the tax returns 'from home' not to mention ask around for a lady who can assist with chaperoning. Man, talk about a racket. Shysters through and through.

Did I mention government-funded child sex trafficking?

Bill| 9.11.09 @ 10:49AM

Actually, the ACORN workers, especially the "Tax Advisor" are guilty of at minimum 8 criminal counts at 5 years for each offense.
And, for those who believe that this is an isolated incident, just remember that it is TAXPAYER money these fools are playing with while "advising" people how to NOT pay taxes on it!

Jeremy Stevens| 9.11.09 @ 10:59AM

The best part of this episode is when Glenn Beck juxtaposed it with Candidate Obama's 2007 address to ACORN telling them that they wouldn't have to wait until Inauguration Day - no, they and other community organizers would have a place in his Administration even during the transition!

ACORN: our President's Prep School!

Thank you, ACORN, for giving the deluded electorate of America the Community Organizer in Chief we deserve!

bullwhacker| 9.11.09 @ 11:10AM

I do believe there may well be an exception to all surveillance laws if you are a legitimate journalist, per U.S Supreme Court.

Dai Alanye| 9.11.09 @ 11:30AM

I'm almost persuaded that SL Libtard is as stupid as The Boob.

The fact that Maryland has passed a "law" doesn't make ignoring it a crime. The Constitution—expressly the First Amendment thereto—will have something to say about the Maryland "law," which is ridiculous on the face of it.

I suppose if I were to record the phone call of an extortionist, in Libtard's view this would make me as liable to prosecution in Maryland as the actual criminal. Insightful thinking, for sure. I must remind myself to call him the next time I need free legal advice.

S.L. Toddard| 9.11.09 @ 11:36AM

"The fact that Maryland has passed a "law" doesn't make ignoring it a crime."

Yes, it does. It is a crime in Maryland to "tape record a conversation without the permission of all the parties" without a warrant.

But even if you don't believe that breaking a law is a crime (!), if it turns out that it IS a crime, you support prosecution against O'Keefe, right? I mean I'm sure, much like the author of this piece, you simply abhor double-standards.

Nobama| 9.11.09 @ 1:32PM

Of course there is equivalency between criminal sex slavery trafficking of 13 year old illegal immigrants and undercover efforts to expose it.

Of course.

Georgia| 9.11.09 @ 1:34PM

Giles and O'Keefe are heroes.

EPCotter| 9.11.09 @ 2:46PM

The recording in this case was done as part of a journalistic endeavor, not with "criminal or tortuous purpose" in mind. If this were the case you couldn't use microphones at newsworthy events or even football/baseball or sporting events with out some jeopardy.

Charlie (Colorado)| 9.11.09 @ 3:16PM

Hell, yeah. Prosecute them. Think of the possibilities.

The ACLU would either have to come in on their side or be revealed (again) as hypocritical.

The prosecution will have to explain why they're prosecuting journalists.

The prosecution will have to prosecute the ACORN people for multiple major felonies.

I say bring it on.

DrTomVoter| 9.11.09 @ 3:22PM

SL, "illegal surveillance?" Please, the politically correct term is "undocumented surveillance," which would make it okay.

Nick| 9.11.09 @ 5:51PM

Mr. Toddard,

Ever heard of "prosecutorial discretion"?

So everyone who breaks the law should be prosecuted to the "full extent of the law", right?

And I'm sure you turn yourself in to the police every time you exceed the speed limit, don't you?

I didn't know you were more pure than Ceasar's wife. Your shouldn't set standards that you can't meet yourself. Or are you a hypocrite?

Andy| 9.11.09 @ 10:05PM

Hey, Nelson Mandela went to jail, too... it's a career enhancer on the left.

ithitsthefan| 9.11.09 @ 10:47PM

It is my understanding that this law only applies to audio recordings, whereas video recordings are exempted. I'm not a lawyer and I don't even play one on my blog. But that is the law as I understand it.

Jeff Quinton| 9.12.09 @ 11:47AM

Investigative hidden-camera reporters for TV stations in MD could be put out of business if this law was interpreted this way in non-political situations.

John Lloyd Scharf| 9.12.09 @ 2:28PM

I read Jade's comment:"If Maryland goes after the journalists and they are REAL journalists the OUTRAGE will be huge." Help me understand who is a "REAL" journalist. If we start deciding who has a "REAL" press to be a "REAL" journalist, that will violate both the words and intent of the First Amendment. The rationale FOR the First Amendment was specifically to keep the watchdogs of our government free. It is the highest calling and highest purpose of a Free Press and a freedom of expression.

Given the 14th Amendment, I am reminded of all the journalism of the 60 Minutes type. If they attempt to convict one, they have to charge everyone.

My thought is this is a Department Of Justice/FBI issue as the crime involved a conspiracy by ACORN to cover what was supposed to be human trafficking.

ACORN needs to be investigated with due diligence. If the AG of Maryland fails to do that, he is in violation of Federal Law and that comes under the perview of the FBI and DOJ.

Adam| 9.12.09 @ 11:03PM

The AG of Maryland is under no obligation to investigate, as harsh as this may sound. In order to become a federal case, the issue would have had to actually involve actual trafficking either across state lines or between countries. Otherwise, it's states' rights.

BTW, the rules apply to journalists too.

Adam| 9.12.09 @ 11:05PM

Also, under Maryland law, ACORN would argue that, and a judge would almost certainly rule in their favor, that the video should be suppressed as evidence...which would leave nothing.

ditdatdude| 9.13.09 @ 12:24AM

The Maryland statute is referring to an "interception of a communication" not a "recording" of it.
Linda Tripp was prosecuted but the case was dismissed. An anlysis of the Maryland statute is at: http://www.rightgrrl.com/tripp/woods.html

CSmith| 9.13.09 @ 11:13AM

federal 10th Circuit Court of Appeals which concluded in 1974...

The government has adopted the position of the trial court below that the intercepting device was the recorder and not an extension telephone. While such a view avoids the problem presented, we are simply not persuaded by this contention. We agree with appellant that the recording of a conversation is immaterial when the overhearing is itself legal. It is the means whereby the contents of the conversation are acquired that is crucial. See State v. Vizzini, 115 N.J. Super. 97, 278 A.2d 235. A recording device placed next to, or connected with, a telephone receiver cannot itself be the "acquiring" mechanism. It is the receiver which serves this function--the recorder is a mere accessory designed to preserve the contents of the communication. This interpretation comports squarely with the clear distinction drawn between "intercepting" and "recording" under 18 U.S.C. § 2518(8) (a), which deals with judicially authorized interceptions: The contents of any wire or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. [emphasis added].

Maryland's law is an INTERCEPT law not a recording law. Read that statement by the court very closely. Recording of a conversation is not an interception of that conversation.

dan| 9.14.09 @ 2:26PM

On "bullwhackers" comment....
Other than Fox and Talk Radio - let's face it, "Legitmate Journalism" is DEAD with the invoking of the current administration and Congress. Based on the lack of 'legitimate journalists' reporting facts yet spewing pro-government propoaganda, at some point it is the duty of Private Citizens to take on the role. Let's face it - if citizens don't do this (in this case, if they had not done this), then how are we/were we really ever going to know. So - I believe that the term "legitimate journalist" should now be expanded to include the private citizens. Hey Baltimore City Prosecutor - Don't tread on us!

dan| 9.14.09 @ 2:36PM

How much money ya got?
It's a cryin' shame, but betchas that Acorn will not be pursued with any vigor. They'll take their sweet time, and let the loudness of the situation die down. They "might' throw a bone and go after some indiviuals, but not the organization that Obama and Congress are handing our money over to. After All - Going after Acorn would be self-defeating to the "underlying" leftist agendas being underhandedly pushed along and that pushing comes all the way from the top (now that's scary stuff).

dan| 9.14.09 @ 2:44PM

To the close-minded SL Toddard.....
Where have you been while the left wing mainstream media has been applying double standards to the GOP and honest hard working Americans. That type of double standard is wrong as it deals in lying, double talk and spinned opinions.
There is nothing wrong w/applying double standards however when you can and do catch the hand on the cookie jar - facts are facts especially when backed up by hard evidence in applying to very criminal situations. They (Acorn) got caught and in this specific case the double-standard "should" apply. Get off the honest private citizen's back, and get to stopping the raping of America. This is much bigger than your obtuse opinion and for the good of America should keep the heat on Acorn at all costs.

umuma| 9.14.09 @ 11:14PM

Florida charged woman who taped a judge on a public beach
A woman in Florida was charged with the same charge, 3 felonies, facing 15 years, for taking a video of her ex-boyfriend, a criminal judge, while he was on a public beach talking about women's breasts and posting it on YouTube. She was denied bond, spent 83 days in jail before pleading to a misdemeanor just to get out of jail. Her public defender neglected to tell her the whole time she was the judge's once divorce attorney.



http://www.palmbeachpost.com/n.....=inform_sr

Skippy| 9.15.09 @ 9:33AM

I would think that a person working in a public office that is federally funded would not have an expectation of privacy. I'm sure upholding this law is more important than all of the "obvious wrongs" that were shown in this video. I also wonder why the employees were fired if the videos are fake. Now that they said the videos are fabricated, these knowledgeable employees should be rehired, or at least they should have a MAJOR LAWSUIT.

mimi| 9.15.09 @ 2:35PM

cracking up over this...but the Maryland AG is not involved...nor does he have any jurisdiction. The STATE'S ATTORNEY is the one who is contemplating prosecuting the journalists. Two completely different offices.

Rich Ferchen| 9.16.09 @ 4:29PM

Seriously, either way, this is fine. If the MD prosecutorial office doesn't press forward, fine, the folks go free. If they do go forward with charges, and the MD law is intended to be a recording law (and not just an intercept law), again fine. It will obviously go to the US supreme court and the entire law will be struck down. Either way, these folks will get the credit they deserve for being real, yes biased, but real journalists.

afadfd| 12.7.09 @ 10:26AM

But if Democrats push for prosecution of O'Keefe, demanding rigorous application of the Maryland law against secret recordings, this would not be surprising.

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