Conservative filmmaker James O’Keefe has reported that he was detained by U.S. Customs and Border Patrol agents Monday when attempting to reenter the country. The reason appears his widely published video showing him crossing the border repeatedly from United States and Mexico while dressed as Osama bin Laden. The video succeeded in capturing what critics have complained about for years: that the border remain wide open and that the Administration is misleading the public on the ease with which potential terrorists could cross into the United States illegally. Whatever the merits of that video, it does seem to me to be either a form of journalism or political speech. It was also very embarrassing for Customs and the Administration. That makes the action troubling if O’Keefe was told, as he states, that he will be detained from now on whenever he tries to reenter the United States.
O’Keefe says that he was told that his video was the reason for his being detained and to have an “X” marked on his passport.
The status of O’Keefe has always been controversial. He is hated by many on the left and often accused misrepresenting scenes through editing as with the NPR controversy . There was also his arrest with regard to the investigation of Sen. Mary Landrieu. (Notably, O’Keefe and three others ultimately pleaded guilty to the misdemeanor charge of entering federal property under false pretenses. It is not clear if this criminal conviction may also have played a role in the Customs actions) O’Keefe seems to have elements of a political operative, a gonzo journalist, and a filmmaker. What exactly is he and should it matter? His site for Project Veritas identifies itself as a journalistic organization.
The fact is that the border video was done as an exercise of free speech and possibly the free press. It would be viewed as highly troubling if the Administration detained a NBC or New York Times reporter who crossed the border as part of coverage on the issue. O’Keefe published the crossing and was clearly not committing the act for any unlawful purpose (though the crossing itself was unlawful as unauthorized entry). If the Administration can impose this type of standing order against O’Keefe, wouldn’t it also be able to impose the same order against any journalist who accompanies illegals or covers a crossing in this fashion? Obviously, no one is suggesting that ICE should not detained those entering the country unlawfully, including journalists. Indeed, O’Keefe’s point appears to be that he should have been apprehended and he claimed that he was trying to show the danger of an open border. However, the fact that they are journalists and not entering for the purpose of evading immigration laws is a mitigating factor and in my view they should not be charged as a matter of prosecutorial discretion. The fact is that journalists routinely meet with criminals, terrorists, and other wrongdoers as part of their work. This often brings them into prohibited areas or potential crime scenes. Prosecutors are expected to recognize and distinguish between journalists and felons in such circumstances. Moreover, since O’Keefe was clearly entering at a legal border entry point, it is not clear why (if as he alleged) he would be detained in the future every time he returns to his own country.
Regardless of whether the article used the words “apparently trying to bug” or “trying to tamper,” the few words challenged by the Plaintiff, taken in context, do not alter the fundamental gist of the paragraph… Therefore, the words “trying to tamper with,” understood in the colloquial sense, convey the substantial truth of the Landrieu incident and do not alter the ultimate conclusion of the paragraph—that Plaintiff was guilty of a misdemeanor.
The Court noted that “According to the Factual Basis Document. Plaintiff and his associates eventually admitted to federal investigators that they had entered Senator Landrieu’s office under false pretenses, in order to orchestrate and record conversations with the Senator’s staff.” That made the defamation claim highly questionable from the outset.
The case is O’Keefe v. WDC Media, LLC, 2015 U.S. Dist. LEXIS 41127.
None of that however alters the concern over the detention at the border. I am perfectly willing to accept the criticism of O’Keefe in cases like the ACORN controversy ( in which he was sued and his organization settled out of court for $100,000). Yet, I think that there is a legitimate issue in his treatment by Customs and a basis to determine how other journalists or filmmakers have been treated in the past. When dealing with a critic like O’Keefe, the government should be able to show an objective and consistently applied rule. Perhaps they have one, but there has been little coverage of the incident.
What do you think?
“James O’Keefe is a journalist.”
“Rush Limbaugh has a 32″ waist.”
Which statement is farthest from the truth?
Could the video be free speech and journalism, but the act of doing it still be illegal?
Jude – the video is clearly free speech and the act is illegal, however since the government is neither detaining nor deporting illegals, they really do not have much of a case against O’Keefe. This is just harassment. He made them look bad.
Nick, Although I would love it, I think a flat tax is just wishful thinking. Both sides will never let it happen, much like the border, they both have reasons to do nothing.
Paul, I was detained @ the border crossing south of Yuma. We have a friend that has horrible vertigo. What controls it is an over the counter cold medicine that is not sold in the US but is sold in Mexico. Whenever her many friends are in Mexico, we pick up some. It’s not narcotic, it just has an active ingredient not used in US cold remedies. I went to 2 Farmacia’s in that little border town. When I came back through they asked if I had anything to declare and I was forthcoming. I had the meds on my front seat. They asked me to get out of the car and into their office. I was asked a bunch of questions, I answered almost all of them but 2 or 3 were none of their freakin’ business and as you might expect, I told them that. They went through my entire car. I was on my winter sojourn from Wi. to San Diego so the car was packed. They did not trash it, to their credit. I was detained for about 90 minutes.
Nick – during the 60s I was ‘detained’ on a trip to Sonora. They took my car apart. They didn’t even find an aspirin.
Jim, Lerner may serve a purpose. More folks are coming on board to a flat tax. That would gut the IRS that Obama turned into a Chicago style political machine. Nixon looks up from hell, envious.
BTW, when are they going to start shipping illegals back across the border?
Could someone please explain exactly what happens when they DETAIN you?
I do see the irony in detaining him and not illegals.
Close the border to that Pirate Territory known as Mexico.
And yet a-holes like Lois Lerner can come and go as she pleases.
If the order to detain O’Keefe comes from the Homeland Security Secretary, THAT IS A CABINET POSITION and therefore from the Obama Administration!!
Some may remember the dangerous Diane Feinstein wanting only “legitimate” journalists afforded freedom of the press rights. She wanted and still wants bloggers, internet journalists like this guy, not considered press. This guy is an a-hole. But, sometimes it takes an a-hole to catch a-holes. Sometimes pretense and undercover surveillance is necessary to find the truth. And, “The truth shall make you free.”
Will David Gregory be detained for illegally possessing an AR15 magazine on This Week?
“Think that journalists should be exempt from our laws?”
Why not? The people crossing the border without authorization seem to be under this President.
Obama has done like ALL other Presidents on this subject in enforcing border laws. Since I am a Texan, I get to see the rank hypocrisy of the GOP on this subject. They pass legislation to supposedly step up security and spend millions of dollars on it, yet they fought against mandating E-Verify for employers in Texas. The reason is that the biggest donor to the GOP, Robert Perry, was a homebuilder was opposed to it. The simple reason is that most of his workforce are ILLEGALS! The GOP wants more illegals, and facilitate their entry and keeping them here. They only want to keep them in limbo so that they can make more money off of them. So please give us all a break on this. I am opposed to illegals, but to think the GOP is against them is stupid.
It is absurd to think that the higher ups in any administration would have to have some kind of policy on something like this. The highest it should go is maybe the head of Homeland Security. The fact is that this fool made it clear he has no concern or will abide by the rules and regs of the US, so he is a known violator as well as a crook. When entering the US, ICE has the right to detain and question those people such as this guy who are known for criminal activity. As for journalists crossing the border with illegals, there is NO question that they should be arrested and prosecuted. Would the local cops not arrest a journalist who went along on a home burglary? Think that journalists should be exempt from our laws?
Cops, government bureaucrats and the judiciary have a very elastic view of the law.
There is one interpretation for themselves and another – much harsher interpretation – for the actions of others.
One quick example. It is a felony for you to lie to a federal officer, but it is legal for that same federal officer to lie to you (in the same conversation).
Imagine thousands of idiots doing this. When you go looking for trouble, sometimes you find it. All rights have responsibility attached to them, not to pervert, not to subvert, not to diminish. This guy was stopped for any one of several reasons. Jumping on the violation of this or that right bandwagon only serves to diminish the rights in question.
Response, “Yeah so if……”
Reblogged this on This Got My Attention and commented:
Banana republic alert: O’Keefe detained for humiliating ICE.
Reblogged this on This Got My Attention and commented:
Banana republic alert: O’Keefe detained for humiliating ICE.
Reblogged this on BLOGGING BAD ~ What Folks Are Saying/Thinking!…Gunny G….
“It was also very embarrassing for Customs and the Administration”
This is the reason he was arrested.
Laura Poitras has been stopped dozen of times at various airports causing her to move to Germany.
And this was BEFORE the Snowden affair.
And she was not taunting anyone nor was she dressed as Bin Laden.
O’Keefe asked for it and got it. Embrace it!