War: ACORN sues Breitbart, O’Keefe, and Giles
posted at 6:33 pm on September 23, 2009 by Allahpundit
Amazing. In one fell swoop, the lawsuit (a) gives Fox a reason to keep covering the story, (b) presents a thorny legal issue that’ll attract media to the scandal who might not otherwise have touched it, and (c) makes ACORN look like they’re trying to punish people who exposed taxpayer-funded corruption. Which, of course, they are.
Remember, Bertha Lewis told CNN she was grateful to O’Keefe et al. for rooting out those “few bad apples,” but as the boss reminds us, shooting the messenger is the ACORN way. Here’s her gratitude:
ACORN, taking a break from its apology tour, said today that it’s filing suit against James O’Keefe, Hannah Giles and Andrew Breitbart’s Breitbart.com.
The complaint: “The video and audio footage was taken without the knowledge of Williams and/or Thompson and in violation of Maryland’s Courts and Judicial Proceedings Code §§ 10-402(a) and 10-410, which requires two party consent to all electronic surveillance. Violation of the law is a felony, and entitles parties whose rights were violated to sue.”
No word on the damages they’re seeking but the AP says it’s in the multi-millions. Ken Blackwell wrote an op-ed for Politico over the weekend speculating that ACORN would never sue for the simple reason that pre-trial discovery would turn into a treasure hunt for Breitbart. Minor detail, though: Blackwell assumed they’d be suing for defamation, not wiretapping. Any litigators want to weigh in on what the defense is entitled to demand for a suit on the narrow question of whether ACORN had consented to being videotaped?
My guess is that this is just an arm of their new PR offensive, aimed at proving that the group’s still alive and kicking and ready to rally the left to its side before it gets defunded, but if even Barney Frank’s ready to flush the toilet, the prognosis of success is grim. Stand by for defense fund donation information if/when Breitbart posts it.
Update: Belated exit prediction: 99 percent chance that ACORN quietly drops the suit a few weeks or months from, one percent chance that they go to trial and the jury awards them a dollar.
Blowback
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BRING IT
pfamis on September 23, 2009 at 6:35 PM
Wow, that’s some stellar leadership they’ve got going there.
cynccook on September 23, 2009 at 6:36 PM
Stupid is as stupid does. This is about to get juicer than Tropicana.
Emily M. on September 23, 2009 at 6:36 PM
Breitbart must be giddy over this.
DaveS on September 23, 2009 at 6:36 PM
Bertha Lewis and her ACORN brood just dug their own graves.
pilamaye on September 23, 2009 at 6:37 PM
I’m no legal expert, but it seems to me if it is taxpayer funded and is open to the general public, their wiretapping complaint loses its teeth.
John the Libertarian on September 23, 2009 at 6:37 PM
Discovery should be interesting…
Seven Percent Solution on September 23, 2009 at 6:38 PM
Bring it on, radical leftist as$holes. We. Will. Destroy. You.
amerpundit on September 23, 2009 at 6:38 PM
Aaaaah! *juicier
Emily M. on September 23, 2009 at 6:38 PM
To quote W: Bring it ON!!!!
lavell12 on September 23, 2009 at 6:38 PM
Why wouldn’t they continue to game a system they have mastered? They got a dumb@ss theif/liar in the whitehouse.
Filthy communists.
Aquateen Hungerforce on September 23, 2009 at 6:38 PM
Oh yeah! Bring it!!
Maquis on September 23, 2009 at 6:39 PM
Given that ACORN is being funded on the dole, I don’t think that their offices could be considered “private” places.
Beware, though, there are lots of corrupt lib judges out there, don’t put it past ACORN to have carefully chosen their venue.
wildcat84 on September 23, 2009 at 6:39 PM
BigGovernment should file a counter suite and take ACORN out of business.
lavell12 on September 23, 2009 at 6:39 PM
If ACORN was partially funded by taxpayer dollars, they have no reasonable expectation of privacy when they are providing tax services and other legal advice. They are providing a public service w/ taxpayer dollars.
nitzsche on September 23, 2009 at 6:39 PM
OOHHHHHH YEEEAAAHHHH.
This opens up ACORN now.
Discovery will be a a FAIL OF EPIC PROPORTIONS for ACORN.
portlandon on September 23, 2009 at 6:39 PM
2009 is the funnest. I never would have imagined it could be so.
joe_doufu on September 23, 2009 at 6:39 PM
Could this lead to the opening of their book$? Or not really?
pfamis on September 23, 2009 at 6:39 PM
their target is not O’Keefe et al.
they want to suppress future creative people. just like WaPo…the business about Giles fathers and O’Keefe was look you conservatives, we will go after you, your family.
the shakedown crews throughout the left have (thru the help of the media) raised this to a fine art.
even if these guys get off, the msg they want to send is to anyone else out there…we will get you
r keller on September 23, 2009 at 6:40 PM
I guess this keeps the funding of ACORN on the front pages for a while longer…
… So much for Dems trying to hide it in the conference committee.
Seven Percent Solution on September 23, 2009 at 6:40 PM
ACORN = BUSTED.
Consent my ass. They’re receive taxpayer funds, and they’re subject to the same scrutiny an organization that receives taxpayer funds is subject to. They’re publicly funded, and the public has a right to know what they’re funding.
And the public doesn’t approve of funding what ACORN does after seeing this.
So we’re not allowed to uncover abuse and misuse of taxpayer funds unless ACORN consents to the uncovering of the abuse it commits on a daily basis?
Counter-sue for abuse of taxpayer funds and for abetting tax evasion.
Good Lt on September 23, 2009 at 6:40 PM
Thank you, AllahP! Standing by with
checkbook in handPayPal.com open in the next tab./21st century
Mary in LA on September 23, 2009 at 6:40 PM
ACORN just doesn’t stop with the genius moves.
I_C on September 23, 2009 at 6:40 PM
My leg is tingling.
noblejones on September 23, 2009 at 6:40 PM
Since Breitbart wasn’t standing there holding a video camera, one assumes the claim against Breitbart is that he engaged in a conspiracy to record the material. Thus, ACORN will get to discover all of the communications between O’Keefe and Breitbart. That’s probably what ACORN is going for here.
As to discovery issues–you are forgetting the OTHER right that a defendant has in a lawsuit: the right to file a counterclaim. Abuse of process seems like a viable claim to me. “You aren’t suing to vindicate a legitimate right; you’re suing to shut someone up from criticizing you for engaging in corruption.”
As to the defense of their claims… Man, it’s a toughie. I don’t know the Maryland statute, and will assume that it does provide for a private right of action for unauthorized audio recordings. I hate “reporter’s privileges” as a matter of substantive law, but it’s certainly a defense they’ll have to raise.
Outlander on September 23, 2009 at 6:40 PM
QUESTION PLEASE!
If IT’S A FELONY, then doesn’t the state have to initiate the law suit?
GarandFan on September 23, 2009 at 6:40 PM
It bothers me greatly that Breitbart, et al. is going to have to spend quite a bit of money defending themselves against these criminals!!!! I’ll donate!
mimi1220 on September 23, 2009 at 6:40 PM
Hilarious ….they must really care about their own corruption. They did not police themselves. Obama didn’t. Bush didn’t . Now these guys catch them and THEY are the bad guys…..this country is too much.
CWforFreedom on September 23, 2009 at 6:41 PM
HRH Barry and the Mrs. will not be pleased with this turn of events.
Bring on the sunlight.
tru2tx on September 23, 2009 at 6:41 PM
How can ACORN sue O Keefe and Giles using Maryland Laws when according to Maryland’s laws, they don’t even exist.
nyx on September 23, 2009 at 6:41 PM
How long before the fired workers claim that they are suffering from PTSD, Pimping and Tax-evasion Sting Distress, as a result of the videos?
ICBM on September 23, 2009 at 6:41 PM
Well played Acorn … heh, heh, heh!
Dukehoopsfan on September 23, 2009 at 6:42 PM
Just exactly what I was thinking.
Oink on September 23, 2009 at 6:42 PM
My question – will their star attorney represent them? I mean hey he’s only the Precedent. How many hours a day could that take?
GarandFan on September 23, 2009 at 6:40 PM
They’re suing for damages. It would be a stronger case if there was a criminal complaint but as of yet there is not.
gopmom on September 23, 2009 at 6:42 PM
Are we serious about turning the tide and defeating the corruption that beats in the very heart of liberalism?
I’m in. This is where we start the Conservative revival.
hawkdriver on September 23, 2009 at 6:42 PM
This is nothing a few more videos Brietbart’s sitting on from around the nation can’t fix.
And they’re coming, ACORN. You can’t stop it.
Good Lt on September 23, 2009 at 6:42 PM
It appears this is a civil complaint. Therefore no.
Now on the criminal end I assume a prosecutor would have to bring it to a grand jury.
CWforFreedom on September 23, 2009 at 6:42 PM
Yeah, I don’t think the discovery process will be far reaching…
Um, I don’t know jack about law, but shouldn’t wiretapping be a criminal and not a civil matter? They’re sueing for distress… aren’t they the ones who are a little messed up?
ninjapirate on September 23, 2009 at 6:43 PM
Allah Pegged it ACORN is doing this not to win a lawsuit but rather to get its allies in Congress to kill the defunding bill.
Look to congress and not the courts for the real game.
William Amos on September 23, 2009 at 6:43 PM
How much information will ACON be willing to give up in this lawsuit? Enough to protect a couple of bad apples? Or enough to expose more criminal activities of this organization.
BigMike252 on September 23, 2009 at 6:44 PM
The standard to win in court is lower in civil cases. It requires only a preponderance of the evidence where in criminal cases it must be beyond a reasonable doubt.
CWforFreedom on September 23, 2009 at 6:44 PM
You are correct. They don’t have a snowball’s chance in hell at succeeding at this, but what they will do is make it clear that it’s going to cost you to shine the light on the lib cockroaches.
They don’t expect to win, they just want to victimize them and make it expensive for them. I think the conservative community will organize a fund for their defense within seconds :)
The obsolete media will eat this up of course. They too have a stake in this. Hannah and James just shouted to the world that the “emperor” of the state run media has no clothes, that citizens can find out what the media doesn’t want them to know, and that amateurs can be better journalists than the “professionals”.
wildcat84 on September 23, 2009 at 6:44 PM
Only in America can a corrupt tax frauding child prostituition aiding group that does not even exist according to Maryland laws (since they are there illegally and all) sue two people for taping their operations.
Truly, this can happen only in America.
nyx on September 23, 2009 at 6:45 PM
they want war, they are gonna get it!!!!! where is the concerted effort to take ACORN DOWN!
conservador on September 23, 2009 at 6:45 PM
Another question for litigators out there. If this suit is based on Maryland’s Courts and Judicial Proceedings Code §§ 10-402(a) and 10-410, what, exactly, is ACORN’s standing as a plaintiff in a resulting civil suit, considering that the suit claims that the victim/s were Williams and/or Thompson?
MikeA on September 23, 2009 at 6:45 PM
The could be trying to get a judge to issue a court order halting further video releases
William Amos on September 23, 2009 at 6:47 PM
Correction – Only in Barack Obama’s America…
gopmom on September 23, 2009 at 6:47 PM
It’s a civil suit.
Ronnie on September 23, 2009 at 6:47 PM
nothing left to lose.
rob verdi on September 23, 2009 at 6:47 PM
I pray for these three. They are going up against a huge behemoth called ACORN.
mizflame98 on September 23, 2009 at 6:47 PM
ACORN is arrogant enough to take this to trial….
Costco run for more popcorn :-)
cmsinaz on September 23, 2009 at 6:47 PM
Has anybody seen a post for a defense fund yet . . . I’m ready to give.
rplat on September 23, 2009 at 6:47 PM
R.S.McCain is reporting that ACORN is suing O’Keefe, Giles and Brietbart.
Let the games begin.
Mr. Joe on September 23, 2009 at 6:47 PM
This has the aroma of some ambulance chasing lawyer looking for a way to make a few million.
scalleywag on September 23, 2009 at 6:47 PM
Blackwell is probably correct. Illegal taping (or wiretapping as you called it) appears to be the underlying felony offense, but to be able to sue in civil court, there has to be some damage caused to the aggrieved party (defamation, IIED, etc.).
Erich66 on September 23, 2009 at 6:47 PM
Christmas came early!
Bevan on September 23, 2009 at 6:48 PM
That’s it. It’s the same strategy Islamics are pursuing, e.g., in their recent failed lawsuit against Joe Kaufman. Transcripts revealed conversations among the plaintiffs detailing how they intended to intimidate all those who spoke out against them.
rrpjr on September 23, 2009 at 6:48 PM
Who is ACORN’s lawyer? I know who their old lawyer was.
lavell12 on September 23, 2009 at 6:48 PM
Put your fighting face on!!!
FontanaConservative on September 23, 2009 at 6:48 PM
Bertha Lewis, you’ve got to stop eating all that stupid for breakfast.
JohnGalt23 on September 23, 2009 at 6:48 PM
defamation comes into play because Acorn has to prove damages if they want to be compensated. The only damages are the damage to their reputation, ie defamation.
If they weren’t defamed, then there are no monetary damages to award. And every document relevant to that point must be made available to Breitbart.
WWS on September 23, 2009 at 6:48 PM
Best news in a YEAR!!! Nothing like discovery!
On your prediction – the Won will nudge them to drop. This is the last thing he can afford in the news, 24/7.
Schadenfreude on September 23, 2009 at 6:49 PM
I’m also betting that a jury will find Hanna hard to hate.
MikeA on September 23, 2009 at 6:49 PM
What I hope is that they come up with some counter claims and counter sue.
ACORN just going to be loud, bang the pots, try to drag things out, and drop this when discovery starts to get anywhere. If they countersue, then ACORN can’t control when the case is dropped. They have absolutely no chance to win this.
As you said, their organization isn’t even registered and doesn’t even exist according to Maryland law, so right off the bat their standing to even bring this to a Maryland court can be challenged.
wildcat84 on September 23, 2009 at 6:49 PM
Silly GarandFan, ACORN and the state are one in the same.
LibTired on September 23, 2009 at 6:49 PM
Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. This is boarder than mere relevance to the wiretapping charge, but it still has to be relevant to the general matter of the wiretapping charge. The defamation suit would have opened up a huge can of worms for ACORN, because TRUTH obviously would have been a defense to the claim. In this more narrow claim of wiretapping, ACORN will have an argument to keep the discovery more narrowly tailored to the issues presented by the case. Ultimately the scope of discovery will be up to the judge to decide, but I suspect most of the good stuff will be beyond discovery. The issues involved would be the consent of the participants, but the extent of the damages claimed by ACORN might very well open ACORN’s books, funding sources, etc. That would be fun!
Not sure if there is an equivalent law in Maryland, but here in California there is a statute called ANTI-SLAPP — strategic lawsuits against public participation, that would enable lawsuits such as this to be tossed out relatively early and require ACORN to pay the fees.
tommylotto on September 23, 2009 at 6:49 PM
Americans should file a class action suit against ACORN and every blind puppet that is employed by that criminal mob of liars and fools.
ronnyraygun on September 23, 2009 at 6:49 PM
isn’t the wiretapping law written to prevent law enforcement from entrapping someone? I’m not sure it applies to private citizens. And, Breitbart, O’Keefe and Giles weren’t pressing any charges.
Linnea on September 23, 2009 at 6:50 PM
ACORN’s problem will be proving damages. It will be akin to a drug dealer suing his friend because he lost the stash. Sorry, we don’t recognize your right to profit from illegal activity. Therefore you can’t claim it as a loss.
Ronnie on September 23, 2009 at 6:50 PM
Too true.
nyx on September 23, 2009 at 6:50 PM
Too bad this came out right after Beck was on the air. He will destroy them tomorrow.
lavell12 on September 23, 2009 at 6:50 PM
ACORN should be focusing on cleaning up their image instead of pursuing revenge.
jediwebdude on September 23, 2009 at 6:50 PM
Supposedly Acorn forfeited its corporate charter in Maryland
This should be interesting….
Ladywolfnl on September 23, 2009 at 6:51 PM
Yep. ACORN is finished, it’s done and has to be rebuilt. This is just their way of trying to do damage before they are dissolved.
Not to say ACORN is dead, these cockroaches will just slither off into the shadows and create ACORN 2.0.
wildcat84 on September 23, 2009 at 6:52 PM
Ooooohh! Get out the popcorn! It’s time for the legal DISCOVERY process! I notice that Fox wasn’t included. No matter, lawyers should be lining up to help O’Keefe, Giles, and Breitbart crack open the books at ACORN.
Jill1066 on September 23, 2009 at 6:52 PM
Once this discovery process starts these type of suits are quietly dropped just ask CAIR or any other Islamist group.
Hera on September 23, 2009 at 6:52 PM
so who is going to be paying for ACORN’s lawyers? Us, the taxpayers, i take it?? disgusting.
misophoniac on September 23, 2009 at 6:53 PM
Rush will be off tomorrow, whoever is covering for him will hopefully be all over this
cmsinaz on September 23, 2009 at 6:53 PM
+2 awesome
ted c on September 23, 2009 at 6:53 PM
My thoughts, as well. But, then I remember who’s in charge.
Diane on September 23, 2009 at 6:53 PM
Instead of cleaning house, they are going to get their clock cleaned.
Then what? Cries of racism?
Mirimichi on September 23, 2009 at 6:54 PM
I just wish this WHOLE thing would escalate to the point we all know it’s headed for.
CC
CapedConservative on September 23, 2009 at 6:54 PM
Since they are claiming damages, ACORN’s books will very much be in the realm of what they can get in discovery, if for no other reason than to determine how much damages they might owe.
And yes, this is clearly a SLAPP action. But there are other issues here, ACORN isn’t even a legally formed organization in Maryland, so I wonder how they can even bring this action there as a corporation rather than as individuals.
wildcat84 on September 23, 2009 at 6:55 PM
Acorns roasting on an open fire
Flames nipping Obama on the
asstoesSituation for his gangsters looks more and more dire
And Obama folks all looking like big crime syndicate schmoes
Everybody knows ACORN’s criminals to prison should go
Lets all help to make the light on them shine bright
Real reporters like Breitbart, O’Keefe and Giles with their eyes aglow
Will make it hard for Obama to sleep at night
And so I’m offering this simple phrase
To Axelrod and Rahm too
Although it’s been said many times, many ways
You crooks get out of Washington town and take your Capo of Crime Obama with you
MB4 on September 23, 2009 at 6:55 PM
This may be more of an existential problem then you perceive. But still an incredibly stupid move.
Predictions:
Judgment for the plaintiff(ACORN)…
Awarded $1.00…
elgeneralisimo on September 23, 2009 at 6:55 PM
I have a question, though,,, where is the other big surprise that Breitbart had promised this week? There was suppose to be another explosive new video. I sure hope this isn’t it!
JellyToast on September 23, 2009 at 6:56 PM
If this makes it to any courts, Breitbart, O’Keefe and Giles’s attorney should figure out a way to call Obama as a witness.
MB4 on September 23, 2009 at 6:56 PM
Oh yeah, now the alphabet news, and I use the term loosely, will have to get into this fray. HA HA HA HA HA Ha!
Mirimichi on September 23, 2009 at 6:57 PM
This sounds intriguing. As the recipient of loads of tax dollars, have we not all been damaged? Afterall, enviromental groups have enjoyed the ability to represent communities in court against corporations.
It would be nice to see taxpayers being represented in courts against these nefarious groups. I’d wager that large voluntary donations would flow to support such an effort.
R Square on September 23, 2009 at 6:57 PM
Emotional distress is part of the claim.
txag92 on September 23, 2009 at 6:57 PM
That’s why a countersuit is important. Giles and O’Keefe will be able to raise enough money to throw a dream team at them. I suspect even Mark Levin might be interested in representing them, and OH how much fun that would be!
They won’t be like people who have been targeted by CAIR, they will be able to throw some serious juice at them, and won’t WANT to stop when it gets to the point where ACORN is going to have to show the books and decides they want this to go away.
wildcat84 on September 23, 2009 at 6:57 PM
There’s a lot of right wing hatred here(sarc)…I LOVE IT!!!
Bring it on!
First ACORN….then Obama!
b1jetmech on September 23, 2009 at 6:57 PM
People have got to know whether or not their Emperor, um ah, King, um ah, President is a crook. Well, I am not a crook! The allegations that I ever had anything to do with, what was the name of that organization again, oh yes HAZELNUT, are clearly racist, um ah, false and I need to get back to doing important work for George Soros, um ah, the American people.
MB4 on September 23, 2009 at 6:58 PM
Well if we’re looking for a defamation suit, I would like to see O’Keefe sue the hell of the Washington Post for making up a quote that he was only investigating ACORN because they help poor black and Puerto Ricans vote.
PackerBronco on September 23, 2009 at 6:58 PM
I hope Mark Levin gets involved. If I was them, I’d call up Mark. If you are going to have a fight, the one you want to fight with is the one who sees the fight as total war. Levin would absolutely go nuclear on ACORN and that man knows discovery.
Tim Burton on September 23, 2009 at 6:58 PM
Maybe it is time to release the rest of the tapes. That’ll shut them up.
milwife88 on September 23, 2009 at 6:59 PM
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