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OBAMA'S ACORN, LAUNDERING OF AMERICA'S MONEY: Lawsuit Dismissal In 15 Minutes Or Less!


childrenoftheacorn101

I will keep this simple.  Here is the text of the suit, which is brought under the MD Wiretap Act. The suit alleges that Andrew Breitbart, working in concert with O’Keefe and Giles, intercepted an “oral communication” using an electronic device, which would indeed be a violation of the act.  The problem, however, is that the statute specifically defines “oral communication” in section 10-401(2)(i) as: “any conversation or words spoken to or by any person in private conversation.”

What this means, as established by the clear text of the statute (and Maryland caselaw,including Fearnow v. Chesapeake & Potomac Tel. Co. of Maryland, 342 Md. 363 (Md. 1996)) is that at least one of the parties to the conversation must have had a reasonable expectation of privacy in the conversation. In other words, if someone stands up in the town square and shouts out loud and someone else records it, that is not a violation of the act.

acorn-network

The problem for ACORN is that, as a matter of law, the employees at ACORN had no reasonable expectation of privacy in what they said to members of the public who entered their offices.  As made clear by Katz v. United States and its progeny (made applicable specifically to the Maryland Wiretap Act by cases such as Malpas v. State, 695 A.2d 588, 595 (Md. Ct. Spec. App. 1997)), “What a person exposes knowingly to the public, even in his own home or office, is not a subject of Fourth Amendment protection.”

Get that? The conversations in question were knowingly exposed in a place of business to two customers who walked in off the streets. There is and can be absolutely no expectation of privacy for the ACORN employees in question.  As such, the conversations are not “private conversations” under the Maryland Wiretap Act as a matter of law.  I found all this in a matter of 15 minutes on Lexis.  I’m sure another 15 (which I don’t have) will find numerous directly applicable precedents under Katz that are completely factually indistinguishable from the present case.  In other words, this case is so totally without legal merit the very filing of it is almost sanctionable.  And putting “they had a reasonable expectation of privacy” in the complaint is not enough for this claim to survive summary dismissal; the court does not have to accept conclusory statements and legal conclusions.

Furthermore, to the extent that ACORN wants to go after Breitbart (and I hear they are wanting to go after Fox next!) for publishing this information of clear public concern, they might want to check the First Amendment jurisprudence of the United States Supreme Court on that question before getting themselves in further trouble.

RS

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Just Released: Obama’s Acorn Community Organizers – Busted Helping Pim p And Prostitute Obtain Illegal Loans From America’s Stimulus To Buy And Establish A Brothel For Young Girls From El Salvador.

Nancy-Pelosi--25815

Pelosi, Axis Sally, Obama, Acorn, Community, Pim p, Prostitute, Illegal Loans, Brothel

VIDEO – Acorn Community Organizers Helping Pim p And Prostitute Obtain Illegal Loans From America’s Stimulus To Buy And Establish A Brothel For Young Girls From El Salvador.

Two more ACORN officials were fired Friday after a second video surfaced showing staffers in the community organizers’ Washington office offering to help a man and woman posing as a pim p and prostitute acquire illegal home loans that would help them set up a brothel.

The firings came less than 24 hours after another pair of ACORN officials from the group’s Baltimore office were canned for instructing the “pim p” and “prostitute” how to falsify tax forms and seek illegal benefits for 13 “very young” girls from El Salvador that pair said they wanted to import to work as child prostitutes.

Both of the encounters were videotaped on a hidden camera wielded by 25-year-old independent filmmaker James O’Keefe, posing as the pim p — tapes that have ignited calls for investigations of ACORN, the Association of Community Organizations for Reform Now.

The group’s leaders said Friday they were “appalled and angry” at what their staffers had done, but insisted the videos were part of a political “smear” campaign and not representative of the institution as a whole.

“But that does not excuse the behavior of the employees,” wrote ACORN’s president Alton Bennet and executive director Mike Shea. “We have fired them and are initiating an internal review of practices and reminding all staff of their obligation to uphold the highest legal and ethical standards.”

Rep. Charles Boustany, R-La., called for a hearing to investigate ACORN’s tax filing assistance programs following the release of the videos he said suggested multiple incidents of tax fraud.

“In light of the apparent flagrant and willful attempts to suborn tax fraud, I … (am seeking) a hearing of the Oversight Subcommittee of the House Ways and Means Committee as soon as practicable to investigate ACORN’s activities,” he said Friday.

O’Keefe, the filmmaker, was accompanied by 20-year-old Hannah Giles, who posed as a prostitute. On a videotape of their visit to ACORN’s Washington’s office, they are seen receiving guidance to establish the woman as the sole proprietor of a bogus company to mask the nature of her business.

“She’s not going to put on (the loan application) that she’s doing prostitution … she doesn’t have to,” a now-fired ACORN staffer says. “You don’t have to sit back and tell people what you do.”

Marxist Clooney - Dumber Than A Bag Of Hammers

Marxist Clooney - Dumber Than A Bag Of Hammers

ACORN Officials Videotaped Telling ‘Pim p,’ ‘Prostitute’ How to Lie to IRS

• Click here to see video.

The ACORN staffer is heard suggesting that O’Keefe can purchase a house, and as the landlord, if he is ever questioned by authorities, he can say he was unaware of the illegal business going on inside.

“[W]hen the police ask you, (tell them) you don’t know where (the money is) coming from,” the staffer said. “We are looking out for you.”

The ACORN employee later suggests that O’Keefe, who said he had a budding political career, not linger at the house in case people “put the dots together” and leave him “smeared and tarnished” by his association with his prostitute girlfriend. She should keep her business “low key,” the employee continued, saying “You have neighbors and they see stuff. Don’t think that people won’t get on the telephone and call Fox.”

• STORY: ACORN Officials Videotaped Telling ‘Pim p,’ ‘Prostitute’ How to Lie to IRS

One day before the Washington video was shot, O’Keefe and Giles sought help from ACORN workers in Baltimore, who told the pair how to falsify tax forms and seek illegal benefits for 13 “very young” girls from El Salvador that they said they said they wanted to import as prostitutes.

As he did in the taping in Baltimore, O’Keefe told the Washington officers that he had plans to bring as many as 10 women from El Salvador to work as prostitutes in Giles’ “business.”

“There’s like 10 girls,” O’Keefe says. “There’s ten El Salvodoreans.”

The ACORN staffer replies, “I understand what you are saying.”

ACORN — the Association of Community Organizations for Reform Now — calls itself a network of families “working together for social justice and stronger communities,” according to its Web site.

The organization has been accused by conservatives and Republicans of committing fraud in voter registration drives around the country, and reaction to the videotape came swiftly after its release on Thursday.

“Taxpayers should be outraged that their money has gone to an organization that, in addition to facing charges of voter fraud and tax violations, is willing to facilitate prostitution,” said Rep. Steve King, R-Iowa.

“As this video confirms, ACORN continues to operate as a criminal enterprise.”

The first videotape, made in the Baltimore offices of ACORN, was made public Thursday on the political blog Big Government.com. That night, after portions of the video were aired throughout the day on FOX News, the group fired the two women who assisted O’Keefe and Giles in Baltimore.

FN

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H1N1 Vaccine Condemned: Not Safe – Blocked Already By Czechoslovakia

I don’t want to worry you, but with all the
hype and attention in the media recently
concerning the spread of H1N1 virus
I decided to ring the Government’s
new Swine Flu Helpline
yesterday just to check on what the
Symptoms are.

Basically ..
If you wake up looking like this ..

att000011

Don’t go to work !!!

Demand your right to refuse vaccination without facing incarceration.

State preps to relocate quarantined H1N1 victims – Why Not Start With A REAL Pandemic? – The AIDS Pandemic! – They Shoot Horses Don’t They?

Socialist Elite: Preparing To Declare Martial Law In The United States – Vaccine By Gun Point

Nationwide Mass Revolt Accelerates Against Swine Flu Vaccination

First It Was Hitler With Islamic Fascism – Second, Is Obama Now Mirroring Ahmadinejad’s Islamic Fascism?

PETITION to STOP OBAMA’S SOCIALIST HEALTH RATIONING TAKEOVER: Seniors Must Submit To Counseling For End-Of-Life.

The Constitution Party Voices Strong Opposition To “mandatory injections”

Czechoslovakia Blocks H1N1 Vaccine From Entering The Country – Not Safe

O’Reilly’s ‘Robert The Bruce’ Stunt – Hawaii Ending Universal Child Health Care After 7 Months.

Swine Flu 1976 & Propaganda – Pharmaceuticals To Usurp Socialistic Taxation (Your Money) – Does Global Warming Fear Mongering Sound Familiar?

Ayatollah Obama Constructing Failed State –> Ushering The Excuse For Islamic Fascist Shariah Law –> Population Control – Cover For Housing Bubble Hedge Funds – Soros

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