January 29, 2010
— Ace A statement at BigGovernment.
The government has now confirmed what has always been clear: No one tried to wiretap or bug Senator LandrieuÂ’s office. Nor did we try to cut or shut down her phone lines. Reports to this effect over the past 48 hours are inaccurate and false.As an investigative journalist, my goal is to expose corruption and lack of concern for citizens by government and other institutions, as I did last year when our investigations revealed the massive corruption and fraud perpetrated by ACORN. For decades, investigative journalists have used a variety of tactics to try to dig out and reveal the truth.
I learned from a number of sources that many of Senator Landrieu’s constituents were having trouble getting through to her office to tell her that they didn’t want her taking millions of federal dollars in exchange for her vote on the healthcare bill. When asked about this, Senator Landrieu’s explanation was that, “Our lines have been jammed for weeks.” I decided to investigate why a representative of the people would be out of touch with her constituents for “weeks” because her phones were broken. In investigating this matter, we decided to visit Senator Landrieu’s district office – the people’s office – to ask the staff if their phones were working.
Why he wanted to get into the telephone closet isn't clear -- it's possible, though I don't think likely, he wanted to do a visual inspection.
It's possible he didn't even really want to get into the telephone closet at all -- since he was posing as phone-guy, he would be expected to ask for access to the closet, and he may well have been just saying he wanted to take a look in order to keep the ruse up. It might have been his intention to just continue the ruse as he asked Landrieu's people if the phones had really been jammed, or were in fact simply not being answered at all.
I mean, if I'm posing as a Dog Whisperer, at some point I have to ask to see your friggin' dog.
A third possibility is that he had some kind of widget to test the lines' integrity/capacity/whateverity so he could report back "The lines are fine, easily able to handle large numbers of calls without jamming."
If that last one's the case, I still don't see how that could possibly qualify as "interfering" with the phone lines. Testing a phone line isn't interfering with it.
Still, there is the rinky-dink beef (and yes, I do think it's rinky-dink, under the circumstances) of entering a federal office under false pretenses. There doesn't seem to be any "malice" here.
What a judge will do with this, I don't know. I suspect this will be pled out for some community service. Because, if these are the facts, I have a hard time believing 12 members of a jury would convict him. Sure, the liberals on the jury will want to sentence him to death, but their passion doesn't change the fact you need unanimity And someone on the jury is going to say, "This is bullshit, they are attempting to punish him for crap Big Media does every week."
As someone else pointed out, Big Media routinely tries to smuggle fake explosives through airport security. Now, they're fake explosives, but I'm 99.99% sure there is some law on the books about merely interfering with or obstructing the work of airport security -- and giving them a batch of fake explosives to delay their work on real security inspections does qualify, in a ticky-tack way, as obstruction or interference.
The usual save here is that such laws demand "malicious intent," a vague sort of thing, but it's pretty clear the media doesn't have whatever "malicious intent" is supposed to mean. We generally say that exposing useful and relevant information to the public about the workings of our government is decidedly non-malicious.
So that should save O'Keefe, or at least save him from a serious prosecution.
The fact that he's tipping his legal hand publicly -- something lawyers scream up and down to never do (leave the government entirely in the dark about your defense so they can't prepare adequately for it) -- seems to indicate he's pretty confident of his legal position, or at least believes the consequences here to be fairly minor.
I hope he's right in that regard.
Posted by: Ace at
09:10 AM
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Posted by: Chip Beefsta at January 29, 2010 09:14 AM (fm4xp)
Posted by: Liberal Juror at January 29, 2010 09:15 AM (tE2Go)
Posted by: Warden at January 29, 2010 09:15 AM (TIGTh)
Posted by: prettypinkfluffypanties at January 29, 2010 09:16 AM (mPnNK)
Posted by: Michael Moore at January 29, 2010 09:17 AM (8dnmm)
Posted by: Hatchet Five at January 29, 2010 09:18 AM (wPZU5)
It has been amazing to witness the journalistic malpractice committed by many of the organizations covering this story. MSNBC falsely claimed that I violated a non-existent “gag order.” The Associated Press incorrectly reported that I “broke in” to an office which is open to the public. The Washington Post has now had to print corrections in two stories on me. And these are just a few examples of inaccurate and false reporting. The public will judge whether reporters who can’t get their facts straight have the credibility to question my integrity as a journalist.
Unfortunately, I'm not sure "the public" (beyond the teeny fraction who reads blogs) will ever get to know the original reporting was wrong.
Posted by: HeatherRadish at January 29, 2010 09:18 AM (mR7mk)
I think a public flogging is in order.
Keep in mind this is Washington DC with is like 80-20 democrat. and we all know only idiots show up for jury duty, therefore there is a good chance you could get 12 liberal democratic jurors
Posted by: Ben at January 29, 2010 09:19 AM (wuv1c)
Posted by: News Guy at January 29, 2010 09:21 AM (e8YaH)
Posted by: Ben at January 29, 2010 09:21 AM (wuv1c)
Posted by: runningrn at January 29, 2010 09:21 AM (CfmlF)
------------------
I'd get a TV show. - Morgan Spurlock
-------------------
I've already optioned three movies on this neo-McCarthyist rape of America.
Posted by: George Clooney at January 29, 2010 09:22 AM (8dnmm)
Why he wanted to get into the telephone closet isn't clear -- it's possible, though I don't think likely, he wanted to do a visual inspection.
Ever make a film? You need footage that can be spliced together in the editing room to make a compelling story.
For some directors this is also a crutch. When they're not clear on the concept or the script is a work in progress, they shoot a shitload of film and hope the editor can make some sense out of it.
Posted by: TakeFive at January 29, 2010 09:22 AM (/3pxq)
Posted by: nikkolai at January 29, 2010 09:22 AM (dXcMH)
I hear obama will release a few terrorist to yemen which should clear up a cell for O'Keefe at Gitmo
Posted by: Ben at January 29, 2010 09:23 AM (wuv1c)
Or, simply that his lawyers actually have balls. Too many lawyers pursue the "close to the vest" strategy, thinking that the opposition attorney is too stupid to figure it out on their own. But in reality, if your opposition is THAT stupid, you might as well put all your cards on the table anyway. You're going to win, and maybe you'll scare the other side into folding.
[/end my rant as a ball-laden litigator]
Posted by: wooga at January 29, 2010 09:25 AM (2p0e3)
I suspect this will be pled out for some community service.
If they do anything other than a misdemeanor and a warning it is too much.
Posted by: Vic at January 29, 2010 09:26 AM (QrA9E)
Isn't the charge a tad bit more than that? As in entering federal property under false pretenses with the intent of committing a felony. If that bit is a required element of the crime, then there may well be no crime at all. Where's the attempted felony charge? Where's the conspiracy to commit a felony charge?
Posted by: Pablo at January 29, 2010 09:31 AM (yTndK)
Posted by: GarandFan at January 29, 2010 09:31 AM (ZQBnQ)
The fact that he's tipping his legal hand publicly -- something lawyers scream up and down to never do (leave the government entirely in the dark about your defense so they can't prepare adequately for it) -- seems to indicate he's pretty confident of his legal position, or at least believes the consequences here to be fairly minor.
It also does two other things: It gins up public sympathy for his cause, which decreases the likelihood of a show trial and increases his ability to raise legal funds (should that be a concern); and it denies his prosecutors what they were wanting -- his silence. So next time they'll know they can't shut him up by forcing him into a ticky-tack trial.
Posted by: Cautiously Pessimistic at January 29, 2010 09:31 AM (pZEar)
O'Keefe had a legitimate point, but it's lost in all this uproar of his arrest. Too bad. He should have come up with a legitimate reason to be in her office, not a phone-y one.
That said, I wonder if charges will be filed against the 'witnesses' if it turns out they lied to the FBI or embellished the facts in order to get the O'Keefe Gang arrested. Her aides are all spinmeisters, after all, so how could they resist? Or if they told the FBI one thing, but told their media friends something else. Watch for all charges to be dropped when the witnesses have to say anything under oath.
On another subjest, that of Sarah Palin: Mandation is too a word! Look it up on OneLook.com or Wordnik.com. Examples of usage:
Commission, but with the particular Power in whose territory the property has become situated by cession or mandation. — The Economic Consequences of the Peace Despite its quasi-mandation by the European Commission, the outlook is particularly grim for DVB-H. — C21Media.net Before the digital-only mandation begins in February 2009, my family wants to look at all the options possible for a new TV. — Wrong Planet Asperger / Autism ForumsSarah Palin: Smarter than most of the inter-tubes!
Posted by: Starboardhelm at January 29, 2010 09:31 AM (SgSfB)
That's what O'Keefe and Breitbart did with Acorn, when they only revealed some video, tricked Acorn into making claims about other locations, and then Breitbart revealed more videos directly contradicting Acorn's spin.
Posted by: wooga at January 29, 2010 09:32 AM (2p0e3)
Don't forget the ABC operatives, goaded by union activists, who gained employment with Food Lion solely for the purpose of spying on operations.
IIRC, a jury found for Food Lion in the civil case (there were no criminal charges), but damages were zero or next-to-nil.
Posted by: Michael Rittenhouse at January 29, 2010 09:33 AM (2QFX4)
Well, there was a really big outcry in his favor from the net-roots, and the techies over at wired, slashdot,... saying that a new media journalist should get this favored status.
I wonder if there will be same outrcry for Okeefe?
Posted by: nine coconuts at January 29, 2010 09:34 AM (DHNp4)
Posted by: Jane D'oh! at January 29, 2010 09:34 AM (UOM48)
The whole "get into the phone closet" thing leaves me puzzled. A simple call to the phone call will tell you whether a give phone number is taking calls or not. As far as the closet is concerned, most offices have a trunk or fiber connected directly to a PBX, which then distributes calls to the extensions throughout the office. Modern PBXes are software-controlled; a simple instruction will let a company "busy out" lines or restrict the number of inbound calls that can be taken at a time; and, of course, just looking in the phone closet will not tell you how the PBX is configured.
If I had to venture a guess, I'd say that O'Keefe was pulling one of his guerilla-theater stunts, was recognized, and Landrieu decided to make a federal case out of it, literally.
Posted by: Brown Line at January 29, 2010 09:35 AM (VrNoa)
Posted by: Charlie Gibson at January 29, 2010 01:23 PM (8dnmm)
Now if you had said "buggered his phone" I might be a little more interested...
Posted by: Bwarny Fwank at January 29, 2010 09:35 AM (Vu6sl)
Posted by: Tami at January 29, 2010 09:36 AM (VuLos)
I think it's fair that James gets a 100 hours of community service for this. It'd be worth it for the publicity of the stunt alone and, really, he was oh-so-slightly out of line here.
I mean, definitely out of line enough that my Liberal friends will start going "James meh-meh-meh!" on me, so I think that annoyance deserves a little trash pick-up or what have you.
Posted by: William at January 29, 2010 09:39 AM (77TeU)
The last thing the govt wants dragged out in court is the lax security at the front door that let the two "repairmen" in under false pretenses. Particularly in light of the recent TSA fiascoes.
I'm guessing that discovery would show that there were dozens of similar lapses where contractors were let in without cross checking ID's against who was authorized for building maintenance contracts and against open issues.
Posted by: Purple Avenger at January 29, 2010 09:41 AM (rwfwZ)
but I'm 99.99% sure there is some law on the books about merely interfering with or obstructing the work of airport security
It's against the law to make JOKES about explosives in an airport. Smuggling even fake explosives through security is probably considered a little more of a problem than that.
Posted by: wiserbud at January 29, 2010 09:42 AM (IHbof)
I can see how the law got involved - they were asked to produce ID and couldn't. But how did it get as far as charges being filed for what doesn't even rise to the level of a lo-tech prank?
A prank would be disrupting office activities. This doesn't even rise to that level if you believe O'Keefe. If you believe Shuster, it's Watergate II: The Twilighting of the Burglars.
Posted by: EBJ at January 29, 2010 09:47 AM (ocHBO)
Posted by: elliot m at January 29, 2010 09:49 AM (rHQQw)
Posted by: KilltheHippies at January 29, 2010 09:50 AM (94ai5)
Posted by: jdp at January 29, 2010 09:52 AM (YqhaG)
Posted by: California Red at January 29, 2010 09:53 AM (YuB/f)
Way O/T but way too funny (from CBS via Hotair):
(CBS) The ongoing soap opera involving John Edwards and his ex-mistress has taken another bizarre turn.
The two-time failed presidential candidate's former mistress, Rielle Hunter, has obtained a court order demanding that a former Edwards aide turn over videotapes and photos Hunter says belong to her, reports CBS News Correspondent Tara Mergener.
Andrew Young's tell-all book, "The Politician," which is slated to hit stores Saturday, makes the explosive claim that Young found a sex tape made by Hunter and Edwards just months before the January 2008 Iowa caucus, Mergener says.
Do the materials Hunter is after include that tape?
According to the Maj. Charles Blackwood of the Orange County, N.C. Sheriff's Office, the restraining order "speaks to video recordings and photographs that depict matters of a private and personal nature."
Young refused to hand over the tapes and photos
Posted by: runningrn at January 29, 2010 09:54 AM (CfmlF)
Posted by: Eric Holder at January 29, 2010 09:57 AM (vTmeT)
I'm still of the opinion that this was an incredibly stupid thing to do. If they didn't realize it was illegal, they should have. If they did know it was illegal but did it anyways, they were being foolish.
The explanation that they weren't out to tap the phones but simply to investigate the claim that her phone lines were jammed sounds very plausible- more plausible than the notion that they were somehow going to tap her phones.
However, the hatchet job by the MSM doesn't change the fact that what they're accused of doing was illegal, reckless and stupid. I wouldn't want to see them do hard time, but don't expect me to cheer them on or justify their little stunt.
Posted by: Hollowpoint at January 29, 2010 10:00 AM (rf03a)
I think it's fair that James gets a 100 hours of community service for this.
Posted by: William at January 29, 2010 01:39 PM (77TeU)
Why is that even approaching fair?
Posted by: Jim in San Diego at January 29, 2010 10:01 AM (F09Uo)
Posted by: Bertha Lewis at January 29, 2010 10:02 AM (vTmeT)
Posted by: KilltheHippies at January 29, 2010 10:03 AM (94ai5)
The "Have you ever shot a film?" guy above might be onto something. O'Keefe could have been getting location inserts (shots of stuff to cut away to, illustratively). The phone box in the office would be a good one, typical of an investigative documentary.
I have no theory. I don't know what this guy does. I haven't even seen the ACORN videos.
But I was the first one here to start bitching that all the "bugging" talk had no source except in the first round of news stories, and that its only later appearance was in an FBI spokesman quote, all of which (both all) are always total bullshit. Toldja.
Posted by: oblig. doesn't actually want props at January 29, 2010 10:07 AM (FWvuv)
Maybe this stunt has serve its ultimate purpose. I never heard anything about the phone lines being down or always busy. Probably never would either if it hadn't been for this arrest.
Perhaps this is a way to force the media's nose into the story and force them to report it. So far it's been a success. Several outlets have even had to offer retractions.
Maybe this kids are on sold legal ground and went in knowing how the press would overreact. Even gave Brietbart an opportunity to unload on Schuster.
Almost smells like another media sting.
Posted by: TakeFive at January 29, 2010 10:09 AM (/3pxq)
Posted by: GreenGasEmissions at January 29, 2010 10:18 AM (nx1kg)
Remember Die Hard? That was neat. Telephone techs are not known for being neat. Most frames, closets, and cabinets are a fucking mess with no labeling at all. Even if they got into the closet there is nothing there for them to prove anything.
The Central Office is a different story. Anyone with access to the switch could look at the lines (probably a hunt group, or a DID or PRI) and look at the capacity. But even doing that today has no bearing on what happened yesterday or a month ago.
These guys were dopes. You have to have a security clearence to even get near anything to do with government phone lines. The phone techs who work in these buildings are probably very well known. Me thinks James and friends have watched too many episodes of 24.
Posted by: Jaynie59 at January 29, 2010 10:20 AM (YjQWV)
Posted by: Beckaholic at January 29, 2010 10:26 AM (x3oLQ)
James O'Keefe broke into the office of a Senator and bugged her phone? I totally heard of that!
Posted by: Charlie Gibson at January 29, 2010 01:23 PM (8dnmm)
Criminy, that triggered the Mission: Impossible theme.
Posted by: Bill H at January 29, 2010 10:32 AM (q8CmE)
Posted by: runninrebel at January 29, 2010 10:37 AM (i3PJU)
If the dudes dad is a DA, I think O'keefe may no where the line is.
Posted by: Pelvis at January 29, 2010 10:40 AM (LlaBi)
I don't think they were there to "check" any phone lines. They were just trying to elicit embarrassing answers to questions and collect footage to fill time for voice over.
And they need to dress up like phone company employees and access the telco closet to do that?
Posted by: Hollowpoint at January 29, 2010 10:45 AM (rf03a)
Posted by: Naan at January 29, 2010 10:54 AM (j5MTj)
Posted by: Michael Moore at January 29, 2010 11:07 AM (ERJIu)
Posted by: The Chewbacca Defense at January 29, 2010 11:08 AM (YMZjg)
Um, have you ever been in a telco closet? Do you think they just walk in, put a clip on a wire and the tap to the Senator's line is set? You have been watching too many old episode of Mission Impossible. The telephone repair guy who came to my house couldn't figure it ou. Plus, did you see O'Keef's pimp outfit. I'm sure his telco outfit was just as entertaining.
I can't wait to see the video. What calls can't get through? Let's check the telco closet...mmm, looks ok in there. Maybe her desk phone is busted. Nope, got a dial tone.
Posted by: More like hollowskull at January 29, 2010 11:11 AM (nkwWX)
Posted by: chicocano at January 29, 2010 11:16 AM (2n5cq)
Posted by: chicocano at January 29, 2010 11:21 AM (2n5cq)
------------------
I'd get a TV show. - Morgan Spurlock
-------------------
I've already optioned three movies on this neo-McCarthyist rape of America.
Posted by: George Clooney at January 29, 2010 01:22 PM (8dnmm)
My Adam's Apple has been bobbing double-time in excitement over this
Posted by: Rachel Madcow at January 29, 2010 11:30 AM (sHxOn)
The other thing that pisses me off about this is the leftie trolls over their disingenuous security concerns being the real crime (that didn't concern them over Dr Hassan et alia), making it sound like it was Fort Knox or something being broken into for the purposes of committing a crime.
So do any Awlins' morons here know (or care to check out the building in question) to tell us whether it's an ordinary office tower (and maybe whether it's an old stone building or a more-modern glass building); whether the lobby is completely open or if there's some form of security guard in the lobby; if there is a desk with a security guard, whether you have to check-in before accessing an elevator or if the security guard is more of a doorman who is just there to sign for packages or answer general questions from people entering the building e.g. "I'm from Acme Deliveries--is there a service elevator for me to bring these anvils to Coyote Inc. or do I use the regular ones? And they're on the 3rd Floor, aren't they?"
Posted by: andycanuck at January 29, 2010 11:33 AM (2qU2d)
He doesn't seem to be generating much support from the left.
No shit, Einstein. (Or would you rather not be compared to a Jew? I'd hate to be culturally insensitive--you can go to prison for that in Canada.)
Posted by: andycanuck at January 29, 2010 11:36 AM (2qU2d)
Posted by: Many Scars at January 29, 2010 03:26 PM (zvzBH)
Thanks, Many Scars, especially for the security/entrance information.
I used Google Earth to check out the building and saw that it is a more-modern office tower setup, and noticed that there were court-house-related names in the sidebar of tenants' names.
Posted by: andycanuck at January 29, 2010 07:10 PM (2qU2d)
<a title="ÃáÃá "href="ÃáÃá">ÃáÃá'>http://2wc2.com/dlil/">ÃáÃá ÃÑÃÔÉ</a>
<a target="_blank" title="ÃÑÃÔå" href="ÃÑÃÔåÃÑÃÔåhttp://www.2wc2.com">ÃÑÃÔå</a> -
Posted by: basim at January 29, 2010 08:57 PM (4LPhe)
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Sure, the liberals on the jury will want to sentence him to death,
Lol. Think ACORN will manage to get someone on the jury?
Posted by: Dack Thrombosis at January 29, 2010 09:12 AM (P33XN)