ACORN Pimp And Prostitute Going To Trial

O'Keefe and GilesJames O’Keefe And Hannah Giles are being tried for violations of California’s privacy laws. The plaintiff, ACORN employee Juan Carlos Vera, contends that O’Keefe and Giles unlawfully recorded conversations with him that were later edited to misrepresent his remarks.

O’Keefe and Giles filed separate motions to dismiss the case and the court ruled against (pdf) both of them.

O’Keefe claimed that, the California law not withstanding, he had a First Amendment right to surreptitiously record and publish private conversations with anyone he felt like. The court disagreed saying that the law prohibiting recordings to which both parties have not agreed, and for which there was a reasonable expectation of privacy, did not have an exception for the media. The court cited precedent that said:

“…the state may not intrude into the proper sphere of the news media to dictate what they should publish and broadcast, but neither may the media play tyrant to the people by unlawfully spying on them in the name of newsgathering.”

Giles motion contended that she was not liable because O’Keefe was the one doing the recording. This laughable defense misunderstood the law to argue that only the person holding the recording device was liable. But it also demonstrated the shallowness of her loyalty as she quickly heaped all the blame on her partner to save her own skin.

Having ruled against both motions, the pair will go to trial for their offenses. If justice is served this won’t be the only time, and they won’t be the only ones. Ya hear that Andrew Breitbart?

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18 thoughts on “ACORN Pimp And Prostitute Going To Trial

  1. Wonderful justice after all. Let’s hope they either go to jail or have to pay a very heavy fine so it will make them think twice about what they are doing. Besides this pimp is one ugly dude.

  2. I hope this is the beginning of many more of these to come. It won’t stop them but it may slow them down.

  3. judging by what they are being charged with, there is zero chance Breitbart will be charged with anything. They are being charged for recording a conversation in which all parties were not told they were being recorded (that is legal in some states, but not in California). It has nothing to do with the content of the video (audio really, as the video is legal), or how the video was used.

    • Breitbart IS liable for his role in slandering people by knowingly publishing false reports from O’Keefe and others.

      And video recordings ARE illegal in California in the same circumstances as audio. You need to read the statute.

      • Well Breitbart nor O’Keefe are being sued for slander. O’Keefe and Giles are being charged with breaking wiretapping laws.

        And my understanding of the California wiretapping law is that the video isn’t what O’Keefe and Giles did that was illegal it was the Audio from the video that is illegal. If video taping someone without their consent was illegal in CA then every place with a security camera would be in trouble (there could be a statute against journalist using hidden cameras however).

        • Sean, please, do some research before you respond again.

          There ARE complaints pending against Breitbart (see Shirley Sherrod). And you are just plain wrong about your “understanding” of the California law (which has exceptions for specific purposes, i.e. security cameras).

          • So are talking about Acorn or Shirley Sherrod? And the Sherrod complaint/lawsuit will go nowhere in court.

            • Britefart seems scared. I dunno I think Sherrod has a strong case for slander.

  4. Pretty sure you’re not gonna hear bout that on Fixed News……

  5. Yup…just checked..no mention of that…they’re too busy trying to hype Palin and bashing Obama again.

    • Benny…you’re right! CBS, ABC, & NBC (MSNBC our liberal brethren!!!) don’t have anything either. It must be a conspiracy, I bet Rupert Murdoch and some other rich fat cats are squashing this story. Or maybe….just maybe 2 small time journalist getting charged with an eventual slap on the wrist isn’t really big news. If O’Keefe and Giles were 200 miles west they would have broken no laws.

  6. Breitbart has been trying very hard to make himself “heard” as a “real” journalist, but outside those tuned in to politics, I’m betting the majority of the population has never heard of him. So his lackeys, two “small time journalists” to use Sean’s phrase, are really under the radar. And I think Sean is correct anyway. Being a scumbag isn’t illegal, and their crimes are pretty small time. I do think slander and libel could be found in some of their actions, however.

  7. I enjoy reading your post Sean!

  8. All I know is Fox not News hyped the hell out of this fake story when it was breaking because it made Acorn look bad. Now that the story has turned out to be a criminal act perpetrated on Acorn, Fox not News has nothing to say! Where is the “fair and balanced” now!!!

  9. I hope all the Dems who helped squash Acorn are really proud of themselves now.

    This episode clearly demonstrates that putting bipartisan Kumbaya above actual ethics, evidence & justice only hurts innocent people, and democracy itself.

    I also hope O’Keefe & Giles get the book thrown at them. Journalism? Ha. More like anti-American subversion.

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