Question for Lawyers...ACORN related

[Deadeye Dave]

Acorn has repeatedly threatened these two young filmmakers, with legal action, including prosecution under anti wiretapping laws. My question is, since no wiretapping was involved, and being as they were in a public ACORN office, where there is no expectation of privacy, have they commited a crime?

[Nevarwinter]

I'm not a lawyer but I did sleep in a holiday in express last night.

You'll hear lots of words thrown around like entrapment and sting. They don't mean anything except to sound scary, similar to the race card played excessively today.

The only place they might have a problem, to which I haven't looked at fully yet, is the baltimore one. Maryland (Mary-land lol) has several laws that make it able to bust both parties in something like this. Again, I haven't looked at it outside of watching some lib boards auger it into the ground praying for swift and massive retribution (because that's what tolerant people do).

[Nevarwinter]

I found this opinion on a blog. Take it for what it's worth.

http://wizbangblog.com/content/2009/09/14/acorns-and-brian-patches.php

So, how about those legal threats?

First up, the one against Fox News is doomed. It's a clearly-established legal precedent that once the media gets its hands on something, it can run with it. Even if it was the product of a violation of the law, that doesn't matter -- it's in the public and fair game. So Fox News is in the clear.

The threats against the filmmakers, though -- by ACORN and Maryland state officials -- might have a bit more substance. Maryland has laws that forbid recording conversations without the consent of all parties being recorded, and the filmmakers quite clearly broke that one.

However, ACORN fired the employees in question. So not only do they lack standing to sue, but they've compromised their argument -- any damages done to them were the fault of the ex-employees, not the filmmakers. They should be thanking the filmmakers for uncovering these "rogue" employees before they could do even more harm.

The state's case is much cleaner. If prosecutors choose to push it, then the filmmakers could be in a bit of hot water.

But any victory by the state's Democratic machine would be purely tactical. Strategically, it's a huge loser.

First up, you KNOW these kids will have a legal defense fund set up. And you KNOW that fund will break seven or eight figures in very, very short order.

Second, it will do precisely what their "death of a thousand cuts" release strategy has been doing -- keep the story going. But it'll do it far, far better than letting the videos out in drips and drabs.

Third, it will subject ACORN to the whole "legal discovery" mess, as the filmmakers' attorneys will be going over every single document within ACORN with a fine-toothed comb.

Fourth, it will encourage the now-fired employees to turn on ACORN, as they will be hard-pressed to show that what they did was not simply them going off on their own, but following ACORN's rules -- both written and unwritten. Rules such as "don't ask too many questions" or "sealing the deal is foremost" or "we're not the police, and we're not here to judge" or the like.

[Nevarwinter]

I heard something on Rush from Biggovernment that the ACORN office in Baltimore could have potentially been operating illegally. ACORN is not allowed in Baltimore for some legalese reason.

[soldonsarah]

Everyone seems to be missing the point about ACORN Housing. The O'Keefe video tapes show the willingness of some ACORN employees to help facilitate bad loans by knowingly falsifying income and other documentation on a loan applications. That is "Bank Fraud." ACORN Housing was doing exactly what got Countrywide mortgage brokers in so much trouble and it directly contributed to the financial collapse.

Did officials at ACORN instruct those people at ACORN Housing offices across the country to falsify loan applications? If so, they can be prosecuted but probably not in Baltimore. Just this morning, Glenn Beck played a clip of BaltimoreState'sAttorneyPatricia A. Jessamy speaking at an Obama fund raiser. It could get very interesting if she brings charges regarding the video recording. Bring it on! You never know what might come out in the discovery process. "It's not over until the fat lady sings"