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The leaves are tumbling off the Shady Oak like a political version of a simultaneous attack of mildew, black spot, canker, fireblight, and the Titanian mold.  First it was the Census Bureau dumping them (thus signficantly damaging Donk prospe…

In several cases the advice just seems to roll freely from the ACORN employees. It is like they had just recently attended a session with their local community organizer on how to assist and enable prostitution in your neighborhood.

I mean they were prepared to give the advice. They must have memorized the manual…

On September 25th, 2009 at 12:55 pm, DBNinKY said:

In the MD video, did anyone notice how unfazed the ACORN workers were to hear the purpose for James and Heather’s house purchase, like they had heard this sort of thing before? That needs to be checked into and hopefully will, thanks to the disclosure and publicity brought on by the lawsuit.

the MD law was not intended to provide cover for illegal activity.

What illegal activity do you see on the tapes? List the crime and its elements please.

First, the Constitutional right of the press to investigate is sure to trump this law.

Remains to be seen. First Amendment is not carte blanche for reporters to break criminal statutes. But in any case that does not mean that the plaintiffs do not have a prima facie case.

Second, who is to say what constitutes expected privacy and a wiretap – I mean, have the people who argue this never seen the video or been to see a loan officer at a bank?

Irrelevant. There was no security camera at ACORN and the employees would have known that. Therefore they would have no expectation that they were being taped. Let alone the fact that this covers oral communication. Most security tapes are video only.

Expected privacy in conversation is implied to mean intimate, personal discussion between two people – unless explicitly stated otherwise

That is not the test at all. And it certainly is not limited to two people. Where do you get that idea? It is whether you are knowingly exposing it to the public. The second they walk in from the street and engage the ACORN employees, they are not “the public.” They are clients. To think otherwise would mean that you could absolutely never have a private conversation because every single person would be considered a member of the public.

Sounds like unity of purpose to me.

Uh. No. There had to be unity of purpose between James and Hannah and the ACORN employees.

On September 24th, 2009 at 12:11 pm, chapoutier said:

But here, we have aide, abet, and assist, in addition to pure conspiracy.

And again, conspiracy is closer but MD law is clear that there must be a unity of purpose between the alleged conspirators. You simply do not have that here when one side is merely pretending to be engaging in criminal activity.

And yet, here we have multiple tapes where people are asking about how to get a home to conduct illegal activities… with ACORN employees understanding that and still engaging them to help get that house… even after being told it will be used in a business for child sex slavery.

Sounds like unity of purpose to me.

As for the MD law, Rags is right – this will not work in ACORN’s favor. First, the Constitutional right of the press to investigate is sure to trump this law. Like Rags said, the MD law was not intended to provide cover for illegal activity.

Second, who is to say what constitutes expected privacy and a wiretap – I mean, have the people who argue this never seen the video or been to see a loan officer at a bank?

The video clearly shows the doors to what looks more like a conference room than an office, wide open and presents audible sounds of a child or children and adults talking in the next room. It was as open and non-intimate a setting as the hip-high cubicles that mark off loan officers work desks in bank lobbies, where borrows most private financial info is stated before every customer in the bank.

Expected privacy in conversation is implied to mean intimate, personal discussion between two people – unless explicitly stated otherwise; the MD law leaves too much open to interpretation.

I know ACORN was compelled to instigate a lawsuit because they were caught and need to create doubt if they are to survive the scandal, but they really need to rethink this.