It appears that conservative filmmaker James O’Keefe is continuing to comment on his case. Raw Story and other sites are reporting that O’Keefe tweeted shortly around midnight last night that “Govt official concedes no attempt to wiretap.” In the meantime, it appears that the stunt in New Orleans may have been an effort to cut off the telephones or film their operation as opposed to wiretapping calls. I discussed this story on Hardball and Rachel Maddow.
As noted in the segment below from Countdown, the affidavit accompanying the charges was curious in two respects. First, the government was charging a higher category of trespass by alleging intent to commit a felony. However, the prosecutors failed to state what that felony was. The clear suggestion of the affidavit was that the “malicious” interference with the telephone system was to wiretap Sen. Mary Landrieu’s office. Second, if this was a conspiracy to wiretap, one would have expected a reference to electronic surveillance equipment found at the scene.
Now, O’Keefe is saying that the government is not pursuing a surveillance theory. Such a development is important and worth public attention.
If he is not accused of attempted electronic surveillance, the ten year maximum under section 1036 may be the upper limit. The affidavit appears to be referring to section 1362 which states:
Whoever … willfully or maliciously interferes in any way with the working or use of any [radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States], or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than ten years, or both.
Section 2 of that law expressed includes:
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
This may ultimately be the dispossession of the charges with Sections 1036 and 1362. However, there are also possible charges of conspiracy and false statements for these men as well as possible third parties.
It has also been reported that O’Keefe is under a gag order not to discuss the case. These orders can create difficulties for the defense when someone like O’Keefe is being widely accused of a wiretapping conspiracy. He has an obvious desire to rebut those allegations — as do his lawyers. Moreover, he was merely referencing a news development in a brief tweet.
Finally, a court would be on precarious ground when it says that a defendant cannot speak for himself in public. O’Keefe could raise first amendment claims if the government decides to raise the matter with the court. Nevertheless, it could be viewed as a technical violation since these orders often refer to the parties in general and not just the lawyers. One recent such controversy occurred in Texas, here, but such disputes are not uncommon in high profile cases. For another such recent case, click here.
Restrictions on statements to the press are often imposed by court rules for any criminal case. A court can then add a more detailed and demanding gag order in a given case. Reports indicate that a gag order was in place in this case.
Attorneys in some recent hig-profile cases have asked for such gag orders to be lifted to allow their client to defend himself in the public forum, here. On occasion, courts will grant such motions.
Even without a gag order, it is always a mistake for clients to directly manage the media or speak on a case. Most lawyers strictly forbid such communications absent prior legal review and supervision. While this violation is not likely to result in a serious penalty, it can bring a rebuke from the Court and undermine the relationship with the judge.
MSNBC is reporting that officials say that the men did want to interfere with the phones by shutting them off (one of the possibilities that I discussed below). In a remarkably dumb prank, they “wanted to see how her local office staff would respond if the phones were inoperative.” This was connected to their opposition to Sen. Landrieu’s position on health care. I will not try to bridge that logical gap.
O’Keefe seems to relish reckless acts. His stunt with ACORN appears to have violated state laws. Even without a surveillance conspiracy, the Landrieu stunt is still quite serious. What is interesting is that O’Keefe hardly needs to directly communicate such information given the press attention in the case.
For the story, click here.
Mike S
“It would seem to me that if you gain entrance to someone’s office on the basis of deception you are at minimum trespassing”
Aye, there’s the rub. Was this a common waiting area like a foyer or was it back somewhere the commoners aren’t typically allowed (I would say that about any Congressman or Senator)?
I have a friend who worked for Senator Craig Thomas in his office in Casper. I never had occassion to visit so I don’t really know how they are layed out. I guess if the footage isn’t accidentally erased we will have a lot more to go on in the court of public opinion.
Duh,
Yep, you got me. Mea Culpa.
For the record though, I have not had one fantasy of you. Please don’t be disappointed :>)
It’s best that I follow Anonymously Yours post and not enter into debates with propaganda spokespersons.
Back to lurking, ciao!
Thanks for weighing-in Mespo.
When I first started reading this blawg, I wasn’t sure what to make of you. Today, Well, I’m still not sure. :>) LOL
doubledip,
If you’d spend less time fantasizing about me, and a little more time reading what I wrote, you wouldn’t be so confused. I never said that I was “friends” with James O’Keefe. Did I?
I’d take apart the rest of your post, but I don’t want you to lose the mood. Has green gone out of style?
Being a regular at this blawg, do you find it strange that I would be exposed more to Maddow and Olbermann than those on FOX News?
Did you spell “Oblermann” correctly? Pot, meet kettle.
FYI,
I am taking mespo’s, FF LEO’s advice and not entering into debates with propaganda spokespersons or those that are intolerant of others views.
If you wish bdaman, duh the professor can check my address.
Winski,
Thank you. I was wondering where that came from.
I’ll weigh in here too and try not to sound like the blog old fogy. I am a Duh fan for the reasons eloquently cited by Byron. The same goes for bdaman. We’ve had too much acrimony here that only resulted in the loss of two voices I would dearly like to hear again. (Patty C & Jill). Only the fool is certain, and I welcome views opposite to my own. I have learned much more from my drubbings here than any fleeting verbal “victories.”
I swear every time I think I know something I read something that changes my mind. For Example a speech written by Goebbels on the German woman could have come from any Christian kook this side of the Mississippi. It was all about women behaving like women and having children for the perpetuation of the German race.
Who would have thought that evangelical Christians and Nazi’s would want to keep them down on the farm barefoot and pregnant. Well Actually one woman did, a champion of the individual . . . I’ll let you figure it out.
1, January 29, 2010 at 8:18 pm
Oh, Duh… really, it’s past the point of wearying. I mean you bearing the entire weight of all these “personal attacks” by your lonesome. Whew, I’m exhausted just thinking about how much you’ve been through.
– “I don’t watch FOX News”
> But, but, but you state you have maybe, like, possibly once, seen Rachel Maddow or Mr. Oblermann on YouTube. I guess we should take it as a strange aberration you’ve never seen any of the Fox News talking heads either, except maybe once (oh, okay, twice). I guess you could parse and say you “don’t watch,” but then we’d be getting into definitions and “is” territory.
– “I don’t have cable or satellite”
> Bravo! Neither do I, but I have friends who do. I’d suspect you too have caught yourself some fair amount of television here and there in your life’s journey.
– “I didn’t even know who Breitbart is.” (sic)
> Really, because I thought you said you and Mr. O’Keefe were friends and had dinner and drinks? I’ll give you that sliver of doubt it could be entirely plausible Andrew Brietbart’s name never came up in your conversation and that you and Mr. O’Keefe simply talked sports and hot chicks all night long. However, seeing as you previously pointed out you ordered “Patriot” named cocktails and Mr. O’Keefe’s profession as investigative journalist and his narcissistic need to expound upon his journalistic conquests, I’d find it strange that Andrew Breitbart’s name never was uttered even once. Even stranger since Mr. Breitbart has claimed life-rights to Mr. O’Keefe, that Mr. O’Keefe wouldn’t brag or name drop. I’m sure though it’s because Mr. O’Keefe is so ethical he never discusses his media connections, right? More likely is you and Mr. O’Keefe aren’t as close as you’d like to think (desire?).
– “Maybe FOX News and Breitbart put a “Duh” spin on everything they say”
> Yup, I’m sure that’s it! Because they are so, so desperate for content they look to you for conservative talking points. I mean, you don’t have cable. No satellite. You don’t even read other news blogs so all your commentary would be fresh and witty and informed.
p.s. It’s “conciliation” – you’d think that for someone with no cable, nor satellite and doesn’t spend his day on other news blogs they would be able to take the time to spell correctly. Fer chrissake, it even underlines the misspelled words for ya! (that was sarcasm and intentional misspelling in case you weren’t able to tell the difference)
Lastly, if none of the above is clear to you, this is exactly why you get called out for carrying Mr. O’Keefe’s water for him… as you’ve previously pointed out you being his friend and all, of course.
Herr Dr. Goebbels:
“Whoever can conquer the street will one day conquer the state, for every form of power politics and any dictatorship-run state has its roots in the street.”
Joseph Goebbels
“His (Goebbels) National Bolshevik tendencies found expression in his evaluation of Soviet Russia (which he regarded as both nationalist and socialist) as ‘Germany’s natural ally against the devilish temptations and corruption of the West’.”
“World Jewry will suffer a great catastrophe at the same time as Bolshevism. The Fuehrer once more expressed his determination to clean up the Jews in Europe pitilessly. There must be no squeamish sentimentalism about it. The Jews have deserved the catastrophe that has now overtaken them. Their destruction will go hand in hand with the destruction of our enemies. We must hasten this process with cold ruthlessness. We shall thereby render an inestimable service to a humanity tormented for thousands of years by the Jews. This uncompromising anti-Semitic attitude must prevail among our own people despite all objectors. The Fuehrer expressed this idea vigorously and repeated it afterward to a group of officers who can put that in their pipes and smoke it.”
Joseph Goebbels
I guess you can be taken seriously.
Anonymously Yours:
It was from a discussion Professor Turley and Chris Matthews had on Hardball on MSNBC.
Bomberman B-Daman
Geschicklichkeit
Was aber ist “B-Daman”? Nun, Informationen darüber sind nur sehr schwer zu finden, selbst auf ein paar vernünftigen japanischen Seiten zu diesem Thema fand ich nicht viel, was ich nicht selbst schon wusste. Ursprünglich wohl entwickelt von Takara, wurde das Spielprinzip, das hinter diesem Namen steckt, erst durch Hudson Soft wirklich bekannt. Die peppten das ohnehin schon maßlos coole B-Daman-Spielprinzip nämlich noch zusätzlich mit ihrem größten Helden Bomberman auf. Und das auf eine Art und Weise, dass man wirklich meinen könnte, dass Bomberman und B-Daman untrennbar seien und schon immer zusammen gehörten. Was allerdings, wie eben erwähnt, NICHT der Fall war. (Es sei an dieser Stelle darauf hingewiesen, dass ‘Bomberman B-Daman’ keinerlei direkten Bezug zu der auch schon in Deutschland gelaufenen Anime-Serie “B-Daman” hat. Die bezieht sich nämlich auf die später erschienenen “B-Daman”-Rollenspiele, die wiederum ABSOLUT NICHTS mit dem hier vorgestellten BOMBERMAN B-Daman zu tun haben. Alle Klarheiten beseitigt? Gut, dann weiter im Text.)
http://www.pixel-heroes.de/Reviews/bombermanbdaman.html
So you and Duh are the same?
Same mother different fathers.
ThirtyPercenter,
It’s kind of a running joke. One of the regulars thinks that bdaman and myself are the same person. I don’t like to feed it, but bdaman likes to toy with that regular.
It’s AY new nom de plume
Why is there a guy named Joseph Goebbels here?
Goebbels said “Sie und bdaman sind im gleichen ?”
You can look under bdaman to see if he is “gliechen”, but I’m happy to stay clear.
Sorry I thought you were confessing.
So why did you say thank you again..?
It was a joke? That took you a second post to explain that it was a joke?
ThirtyPercenter said “So you and Duh are the same? I thought so but wasn’t sure.”
I guess it’s true. Some fish will even bite an empty hook. :>)
Herr Joseph please sign me up. My electric bill was $650.00 dollars this month. Florida had 14 consecutive days of low temperature below 32 degrees. In the history of record keeping this has never happened before. It was so cold in south Florida an entire coral reef has now been declared dead and ther was a massive fish kill never seen before.
http://www.miamiherald.com/573/story/1432724.html
P.S. Under Obama’s Cap and Trade Bill electricity rates will necessarily sky rocket.