I specifically mentioned this exchange in an earlier comment, found above at:

Trochilus on September 13, 2009 at 7:10 PM

As I noted, Fox would obviously relish such a lawsuit, because it would open up the door to ACORN records through the discovery process.

This whole thing is priceless! With the exception of a few half-hearted attempts here and there, the entire mainstream media has now been exposed.

Check out the sheepish Howard Kurtz, only now conceding that the MSM has been asleep at the switch on several recent stories. But he’s just catching up with their non-coverage of the Van Jones situation.

How will they explain the blatant instances (CNN) where some media have been quite openly promoting a false narrative!

Just watch the Media Matters posting of the CNN coverage of the ACORN story. It shows BOTH Keith Richburg of the Washington Post and Joe Conason of Salon take turns, poo-pooing the initial ACORN revelations, calling it variously “entrapment” and “propaganda.”

One is tempted to tag this sort of media nonsense as “premature expostulation!”

Pretty fancy foot-shooting, there Joe!! So . . . how many of your own toes did you just plug?

Hah! Could it have happened to a bigger jerk? There are so many of them . . .

ACORN BUSTED IN NY TOO!!!!!

http://biggovernment.com/2009/09/14/acorn-video-prostitution-scandal-in-new-york-ny/

Mr Purple on September 14, 2009 at 6:07 AM

Unbelievable. I’ll add an entry from the Boss.

http://michellemalkin.com/2009/09/14/acorn-watch-honesty-is-not-going-to-get-you-the-house/

http://biggovernment.com/2009/09/14/acorn-video-prostitution-scandal-in-new-york-ny/

I’m torn between hoping they drop this so that he doesn’t go to jail and hoping that they don’t because it’ll make him a conservative cause celebre and throw a giant spotlight on ACORN’s filthiness. Exit question: What should we hope for?

It may be ‘cheating’, but I hope they split the difference. That means continuing to talk about prosecution, but never going through with it. The talk will have the same effect as arresting him, without the risk that O’Keefe will end up spending time in prison.

Now that they are going after Fox, can Fox take them out? I would hope so – will be very interesting to watch. My God, every day is like a soap opera now, a very scary one.

silvernana on September 13, 2009 at 1:18 PM

That claim that they are going after Fox is either bluster or they are idiots. Or, possibly probably both!

Fox is literally champing at the bit, hoping that ACORN sues them!

I saw a clip earlier this afternoon that featured a discussion before between Gregg Jarrett of Fox news and a guest, where they were discussing the topic of the threatened law suit. Gregg Jarrett was pointing out that Fox had absolutely nothing to do with the production of the tapes, and they both agreed that if Fox was actually sued the network would have the discovery process available to them, whereby they would be able to subpoena and obtain ACORN records that would, among other things, give them an edge in getting to the bottom of the story.

I don’t know who is advising and “teaching” these ACORN thugs lately, but Bertha Lewis and the organization are likely just lashing out, no doubt as a result of the Census Bureau severing all ties with them, and political pressure building to cut them out of any federal housing role.

As noted on a new post at BigGovernment, James O’Keefe made an appearance on Fox, and demanded that ACORN apologize for saying he doctored the tapes, and further, that those media outlets “covering” for the organization should apologize as well. He apparently does not believe ACORN will sue him.

Speaking on FOX News, O’Keefe said he wants an apology from those media outlets “covering for ACORN” as well as from ACORN itself. He said he doubts ACORN will file suit.

1) I did not review the tape. Lack of confidentiality means there is no criminal offense even in Maryland. This is a federal Constitutional matter – lots of federal cases hold that photographing and videotaping of publically accessible areas is a protected First Amendment communication.

The exception to that is when it’s private property and the property owner has posted signs prohibiting it, and even then it’s a civil law matter where criminal prosecution for ignoring the signs lies only for trespass. The idea there is that the sign makes it no longer a publically accessible area such that you have a limited license to enter.

I very much doubt that ACORN has any such signs in its rented offices, and also doubt that ACORN would even try to enforce those even if it did. Nationally it’s really an umbrella group – it might not even have the ability to convince its semi-independent subordinate organizations to follow such a policy.

2) I cited California law because (a) I am a California lawyer and (b) to show that the Maryland statute is not unique.

Because both H&R Block and CCI are both private companies, seeing their books is next to impossible. As such any payments are hidden in the books of two companies that aren’t sharing them.”

Ya can’t put tooth past back in the tube.

Reasonable cause now exists to force them to open their books.