O'Keefe Broke Maryland And California Wiretapping Laws

[berni_mccoy]

Under Maryland Law, it is illegal to record a conversation and then publish it without someone's consent, even if that conversation is just an oral conversation (no telecommunication wire necessary). All parties must give consent. I'm assuming ACORN didn't consent to the release of the Baltimore office tape. Linda Tripp was indicted for the same reason.

Information on the law here: http://www.oag.state.md.us/Opinions/2000/85oag225.pdf

Updated: He broke California's Wiretapping Law as well. Any Private or Confidential conversation is covered under CA law (see here: http://www.citmedialaw.org/legal-guide/california/california-recording-law )

[Ian David]

1. Did Linda Tripp go to jail?

Also, why didn't those geniuses just do their schtick in states that had single-party consent laws?

[berni_mccoy]

3. She was granted immunity

It would be up to the prosecutor to do the same for O'Keefe. If the prosecutor felt the information was useful for reporting a crime, he could do so here.

[Festivito]

17. And, she did not edit the tapes or fail to give them to the court. /nt

[berni_mccoy]

5. Thanks for the tip. Looks like he broke California Law as well.

[lapfog_1]

2. Hopefully he goes to jail

where I'm sure that he will run into someone willing to pimp him out.

[Ian David]

4. And when he gets out, ACORN could help him get re-established in the community. n/t

[berni_mccoy]

6. lol

[merh]

7. The Maryland State's Attorney Office is looking into the videotapes

to determine if either O'keefe/Giles or the ACORN workers violated the law.

STATEMENT OF STATE’S ATTORNEYS OFFICE FOR BALTIMORE CITY RELATIVE TO THE ALLEGED BALTIMORE ACORN INCIDENT

Baltimore, MD – September 11, 2009 – We have received inquiries from citizens and the media asking whether the Baltimore City State’s Attorneys Office would initiate a criminal investigation for acts allegedly committed at ACORN offices located in Baltimore. The only information received in reference to this alleged criminal behavior was a YouTube video. Upon review by this office, the video appears to be incomplete. In addition, the audio portion could possibly have been obtained in violation of Maryland Law, Annotated Code of Maryland Courts and Judicial Proceedings Article §10-402, which requires two party consent.

If it is determined that the audio portion now being heard on YouTube was illegally obtained, it is also illegal under Maryland Law to willfully use or willfully disclose the content of said audio. The penalty for the unlawful interception, disclosure or use of it is a felony punishable up to 5 years.

Baltimore City State’s Attorney Patricia Jessamy can be reached by email: [e-mail]
or by phone [phone].

http://wbal.com/apps/news/templates/story.aspx?articleid=35357&zoneid=2

The Brooklyn prosecutor's office has also requested the raw video - the video in its entirety.

[berni_mccoy]

8. Thanks. The Raw video will reveal the truth here. But it seems clear that O'Keefe broke the law

either way.

[sabrina 1]

9. And that should be the headline on every news media outlet

that fell for this little Rovian stunt without bothering with a minimum of research.

They should also try to retrieve his scrubbed blog where he made intensely racist comments (still available as someone captured them before the scrubbing) and they should dig very deeply to find out who funded him. He alluded to getting funding from Morton Blackwell, who has tax free status and if this turns out to be true, let Congress be as quick to remove his tax free status as they were to remove ACORNS pittance in funding.

Our media is lost. That anyone bought this stunt from the beginning is sad, but for the media to buy it, knowing the way this group works, lowers them even further into the realms of 'gutter press'.

CNN did show signs of exposing some of the lies, but I would bet they will be told to leave the story alone and they do as they are told.

An example needs to be made of these two and whoever is behind them or this country will have to deal with an army of Roves as they, like O'Keefe, being trained by the hundreds in Blackwell's 'Journalism' school, every year.

[berni_mccoy]

11. If the truth vindicates ACORN, the Democrats in Congress should make amends

by restoring Gov't funding to ACORN and putting them back on the Census contracts.

[sabrina 1]

13. Exactly, and considering the rush to judgement that was made

based on the flimsiest and most suspect of evidence, they now have a duty to investigate this whole operation.

They are hiding now, O'Keefe and Giles, since their lies are being exposed. They should not be allowed to do so.

I have just called the Baltimore Atty's office regarding her statement that crimes may have been committed in her state (California also) to tell her I support her investigation of this affair.

One other DU'er called also, and said he was the 'only one calling in support'. I saw the rightwing blogs organizing to inundate her with calls. So, I posted her number in my OP.

If anyone wants to call, they are very professional, just thanked me for the call and said they were 'taking not of it'.

This is the communications # 441-984-1121

[merh]

12. The fellow in California said he was told they needed to save

the girls from the pimp and that is what he was trying to help the lying duo do. Have you watched the tape that has been made available? Does it contain the conversation he alludes to, that the boyfriend didn't want the police called in, that they were trying to save the girls from the "pimp"?

[berni_mccoy]

14. Yes, I've seen it. But we need to see the entire raw tape of all the encounters.

[merh]

15. I agree with you about the need to see the entire videotape.

That is why I ask you if the tape you have seen contains any language that supports the workers statement?

[sabrina 1]

16. Yes, I have watched it and read the transcript (which does not

match the tape btw) and nowhere on the tape does he, Juan Carlos Vera, agree to help these two with their crime.

He tells them he 'works with the DAs' and O'Keefe asks him to clarify that he means District Attys (his english is poor also) and he says 'yes'. Then O'Keefe says 'that's not good' ~

He also tells them his relatives are cops and after they leave, he reports the incident by email I believe.

Even though they edited the tape, it is still clear that he thinks they are trying to save these girls and will help as he works with DAs. Stupid, and the media failed to notice any of this. That man's life has been destroyed, and he has lost his job, so if for no other reason, he needs to be compensated for what those Rovian liars did to him.

[merh]

18. I'm glad you posted this - that was the impression I got from

the video I watched as well.

thank you

[sabrina 1]

19. You're welcome merh

There is a lot more information in mzmolly's threads, and Turborama's, who posted the video (should still be on the video page) and links if you haven't already seen them. :-)

[merh]

20. I have been following mzmolly's threads.

I just wanted to see if the video I watched was what you watched.

I've been debating a libertarian nut who says the videos show that ACORN is guilty of conspiring to evade taxes, establish child sex rings, human slavery and the like. I've been trying to get this all organized in my head and debating wackos make it difficult.

[sabrina 1]

21. Lol, I spent a few years debating wingnuts

when I first went online. I just landed on a site that was virtually a free-for-all, right before 9/11 and knew very little about politics or wingnuts at the time. Nor did I know that there were other political sites I could have gone to.

So, I understand what you mean. When I finally followed a link someone posted there to Alternet, I thought I had gone to Heaven! People were actually intelligent, and I could critize Bush without being attacked by a mob of rabid rightwingers ~ I was so conditioned to being attacked, I waited for it!

But, looking back, I'm glad that's where I started out because they taught me a lot, not what they intended but I learned to look everything up, to check everything they said, before shooting my mouth off as they always demanded 'proof'. I think after a year or so, I was their worst their worst nightmare.

I actually miss them, they kept me on my toes ~ :rofl:

[merh]

22. I like to go to the mixed sites and debate them.

It helps to know what others are thinking - the most comical point of it all now is that they think Obama is a socialist. I just giggle when I read the posts here that think Obama isn't progressive enough.

I suppose the truth is somewhere in the middle, he is the president of all the USA, not just the left, not against all the right.

If you want a link to the board (it is small with some true wackos and can be slow moving, but it is a glimpse and it has an arcade) I can pmail it to you.

[sabrina 1]

23. Yes, send it to me, I do go and watch some of their sites

every once in a while. The funny thing is, even though we never, ever agreed about anything, I got to like a few of them after I got over the shock of meeting them. And I felt flattered when I went back after not being there for a while, and they had a poll up ~ 'Who is your favorite Liberal', and I won! They never knew I saw it, but some of the reasons they gave were kind of sweet, even though they prefaced them with 'if she could just get some brains ... ' :-)

I'll check it out, won't post probably but just watch ~

[WorseBeforeBetter]

10. K&R (n/t)