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To: Free ThinkerNY

This suit may just revolve around a MD law prohibiting secret recordings. If that’s all that’s involved, there may not be a way to get discovery about ACORN operations b/c it would be irrelevant. The suits could probably be defended though on the basis that there was no reasonable expectation of privacy.


85 posted on 09/23/2009 3:10:58 PM PDT by Lou Budvis (Palin/Bachmann '12)
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To: Lou Budvis
This suit may just revolve around a MD law prohibiting secret recordings. If that’s all that’s involved, there may not be a way to get discovery about ACORN operations b/c it would be irrelevant.

That's what worries me about it.

BTW, are you a lawyer or are you just speculating?

94 posted on 09/23/2009 3:16:48 PM PDT by CrosscutSaw
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To: Lou Budvis

I have no idea what the caselaw is in Maryland, but the defendants MIGHT be able to raise an estoppel defense on the basis that ACORN is a criminal enterprise and they do not have a reasonable expectation of privacy with regard to the conduct of criminal acts. If so, then it would open up quite a range of discovery.

It is likely, however, that ACORN carefully selected the court to file the suit in and that the judge they selected will not be favorable inclined towards the defense.


120 posted on 09/23/2009 3:35:35 PM PDT by kennedy (I'm a Kennedy with no experience or qualifications too! Where do I sign up for MY Senate seat?)
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