Day: 3/17/2011

James O’Keefe Invokes The Punk’d Defense

Posted by on March 17, 2011 at 10:37 am. 6 Comments :

James O'KeefeSerial liar and video manipulator, James O’Keefe, is taking an odd approach to his his defense on charges of making unlawful, recordings. The charges were filed in California in a case involving former ACORN employee Juan Carlos Vera, who was falsely portrayed in a heavily edited videotape as assisting O’Keefe’s phony prostitution ring when, in fact, Vera was skeptical from the start and notified the police immediately after O’Keefe left his office.

Now O’Keefe’s lawyers are claiming that he was within his rights to surreptitiously record the conversations citing MTV’s Punk’d as a precedent. This is so stupid that I have to wonder if Ashton Kutcher is providing O’Keefe’s legal defense team.

A team of four lawyers is defending O’Keefe on a pro bono basis in the suit filed by one of O’Keefe’s targets, and they’re citing everything from the writings of James Madison to Ashton Kutcher’s MTV show ‘Punk’d’ to a Woody Allen segment on ‘Candid Camera’ to claim O’Keefe’s ACORN sting is protected by the First Amendment.

Do O’Keefe’s lawyers know that Punk’d was an entertainment program that deliberately misled its victims with the intent of embarrassing them for the shock value? Perhaps they do because that’s a pretty good description of what O’Keefe’s Project Veritas does.

There are, however, a couple of significant differences between Punk’d and Project Veritas. For one, there was no malice or harm intended on the part of Kutcher & Co. They even included friends and family of the subjects in the ruse. Also, Punk’d always obtained signed releases from their subjects giving permission to release the videos prior to broadcasting anything. That’s a step O’Keefe conspicuously neglected.

Perhaps the most notable assertion in this line of defense is that it is an admission that O’Keefe is not a journalist, as he likes to portray himself. That is, not unless he thinks Ashton Kutcher is following in the footsteps of Edward R. Murrow. By aligning himself in sworn legal documents with a comedy show that features purposeful deceit, O’Keefe is undercutting any claim he may have had to First Amendment protections for the press.

Nice work punk.

FOR SALE: Republican National Committee

Posted by on March 17, 2011 at 2:16 am. 6 Comments :

If you’re in the market for an antique political party that, despite having a great deal of wear, has had millions of dollars invested in it by its previous owners, you’re in luck:

“The Republican National Committee is considering sanctioning the GOP presidential primary debates and then selling the broadcast rights to news outlets.”

This is wrong on so many levels. First of all, it reduces the electoral process to a consumer product. If you thought that campaigning was like selling soap before, you aint seen nothin’ yet.

This repulsively misguided proposal turns the debates into profit centers for the party. How exactly do they market them? Do they sell exclusive rights to media organizations they favor? Do they license the program to all takers who will pay the fee? Do they post it on eBay and sell to the highest bidder? Perhaps they could go the infomercial route and partner with retailers who can sell campaign buttons, t-shirts, and commemorative plates during the breaks.

Would the fee include the right to designate debate moderators? Would the licensee be able to write the questions for the candidates? What other privileges come with the broadcast rights? Could the they compel the candidates to do promotions? Could they program the debate as the lead-in to a their new Shelley Long sitcom or CSI: DC?

How would the party and the broadcaster account for the payment? Would it be considered a political donation? If so, there are Federal Election Commission limits as to how much can be exchanged. And what’s to stop a partisan media conglomerate from offering to pay a license fee for multiple stations, papers, and Internet sites, in an effort to funnel cash into the party?

What’s next? How about “naming rights” like sports arenas? Maybe the “Citibank Republican Party” or the “GO ‘Daddy’ P.” Perhaps they could sell product placements or get the candidates to make testimonials. Burger King could give away tickets to the debate with every Whopper in a cross-promotion with what Republicans fill their stump speeches with.

Even better, why not just sell the party outright? I’m sure Rupert Murdoch would love to add it to his corporate empire that already owns notable Republican businesses like Fox News and the Wall Street Journal. Although based on their current business relationship, that may just be redundant. After all, Murdoch already employs multiple prospective GOP presidential hopefuls, as well as former House Speakers and Cabinet secretaries.

If the RNC goes through with this they will be affirming their distaste for ethics and their affinity for corruption. They will be ending once and for all any argument that they are not shills for corporate cronyism and greed. Only today’s modern, tea-stained, Republican Party could even contemplate such an asinine plan. I can’t wait to see what they come up with next.