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ACORN Complaint and Demand for Jury Trial in Baltimore
Baltimore County Circuit Court ^ | 09/23/2009 | Andrew Freeman, Attorney for ACORN

Posted on 09/27/2009 12:49:27 PM PDT by BuckeyeTexan

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To: BuckeyeTexan
" communications intercepted in the Baltimore offices of ACORN in July 2009 "

In the first place, this is not a " Communications Interception " ..... ( notice folks how they changed the language now ? ) .... anyway...
Even if they go with that argument, they will have to prove how it was intercepted.....
A communications interception would have been done by a 3rd party.... How can James and Hannah intercept a communications of their own conversation without their knowledge ?
21 posted on 09/27/2009 1:13:39 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: IrishCatholic
11 members of the jury are ACORN members. The 12 is a Rainbow Coalition board of director (and ACORN donor) Change of venue would definitely be in order.

The MSM might switch if the dems overplay this hand...

22 posted on 09/27/2009 1:15:18 PM PDT by GOPJ (UN mixing democracies & dictator's like mixing ice cream and shit-all of it stinks.(Steyn))
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To: BuckeyeTexan
If you are selected as a juror, clear your calendar for the next four years.

Immediate restraining orders and injunctions to bury the videos.

Look for a ban on cameras in the courtroom and a gag order on defendants (no interviews).

With all the evidence bottled up and the "Pimp and Hooker" silenced, drag the trial out into the next decade if possible. By then, the defendants will be forgotten, unemployable, and very broke.

23 posted on 09/27/2009 1:15:30 PM PDT by ZOOKER ( Exploring the fine line between cynicism and outright depression)
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To: Maine Mariner

If the civil procedure rules of Md. allow it. But as for a restraining order, that, if granted, could extend no farther than the borders of Md. So far as I know neither NY nor Calif have similar protections against taping so no suits are filed in those places, and the jurisdiction of any Md. court stops at the border. As FoxNew is a cable channel HQed in NYC they can run the tapes forever. The best the judge could do is order Md cable companies not to carry the vids Even in a friendly court environment ACORN is up fecal creek


24 posted on 09/27/2009 1:15:51 PM PDT by xkaydet65
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To: SAJ
Agree. Unless the whistles blowers can keep the ex-cons and their relatives of the jury a change in venue is necessary.

Race Baltimore MD
One race 641600 98.53%
White 205982 31.63%
Black or African American 418951 64.34%
American Indian and Alaska Native 2097 0.32%
Asian 9985 1.53%
Native Hawaiian and Other Pacific Islander 222 0.03%
Two or more races 9554 1.47% CRIME: CITIES OF 500,000 OR MORE POPULATION: Most Dangerous 5: 1 Detroit, MI 2 Washington, DC 3 Baltimore, MD 4 Memphis, TN 5 Dallas, TX

25 posted on 09/27/2009 1:16:02 PM PDT by BilLies
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To: OldDeckHand

Can you address this question and answer?


26 posted on 09/27/2009 1:16:17 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: notaliberal

I would wager a bet that if O’Keefe and Giles are found not guilty, there will be riots in Baltimore. On the other hand, if they’re found guilty, conservatives may also “riot,” in whatever form that would take.


27 posted on 09/27/2009 1:20:38 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: benjibrowder
That's good for Andrew , James, and Hannah, so what if they make a injunction to not show the videos of the videos made in Maryland, does not stop Andrew from showing what else he has up his sleave to the nation from other states....

28 posted on 09/27/2009 1:23:50 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: BuckeyeTexan
"IANAL, but I believe the court can issue a restraining order and injunction regarding the video tapes concerning only the two Baltimore ACORN employees, who are the plaintiffs in this case."

Yes, you are correct. Also, although I initially thought that these tapes were clearly illegal, I've read some commentary by Maryland attorneys that leads me to believe that it's NOT a foregone conclusion that ACORN will prevail in their attempt to secure an injunction against the distribution of the MD tapes. Lastly, ACORN and the two employees have virtually NO chance of success with respect to their monetary claims, IMO.

29 posted on 09/27/2009 1:25:54 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: BuckeyeTexan

Look for legislation to make it illegal to tape any Democrat support group and to make it mandatory that all Republican support groups be filmed and transcripted by a stenographer.


30 posted on 09/27/2009 1:25:58 PM PDT by Loyal Buckeye
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To: Anima Mundi

See OldDeckHand’s response at #29 re: my answer to your question.


31 posted on 09/27/2009 1:30:43 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: BuckeyeTexan
ACORN is committing suicide with this. One word:

DISCOVERY.

32 posted on 09/27/2009 1:33:22 PM PDT by buccaneer81 (ECOMCON)
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To: OldDeckHand; American Constitutionalist
American Constitutionalist alluded to that in post #21. Is that the basis upon which you're hearing that the tapes weren't illegal?
33 posted on 09/27/2009 1:34:17 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: buccaneer81

IANAL, but let’s explore that possibility.

What sort of discovery pertaining to the alleged illegal interception of private communications would you expect to see that would be damaging to ACORN or the two employees? Discovery wouldn’t provide open ended access into ACORN financial records, would it?

I’m just playing devil’s advocate, so-to-speak, and am not being intentionally adversarial. :)


34 posted on 09/27/2009 1:39:00 PM PDT by BuckeyeTexan (Integrity, Character, Leadership, and Loyalty matter - Be an example, no matter the cost.)
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To: chris37

You don’t know much about the 3rd most corrupt state in the union . ACORN don’t need no stinkin’ license .


35 posted on 09/27/2009 1:42:11 PM PDT by lionheart 247365 (-:{ 0bama's dream is an American NIGHTMARE }:-)
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To: BuckeyeTexan
"American Constitutionalist alluded to that in post #21. Is that the basis upon which you're hearing that the tapes weren't illegal? "

No. He seems to be making an argument James is "Party 1" and Hannah is "Party 2". That's not going to fly. In this instance, Hannah and James are of the same party, making it impossible for them to give the legally required two-party consent.

The reason the tapes may not be illegal is because the ACORN employees' "reasonable expectation of privacy" may be mitigated by the fact they door is wide open with people immediately outside the room - clearly within earshot as other voices can be heard on the audio portion of the tape - and the fact the employees are "recording" the conversation through their own notes, which they can be seen making on the tape itself. If they are indeed "recording" the conversation themselves, it nullifies their argument that there wasn't two-party consent.

If the court doesn't find these arguments compelling, it then becomes much more problematic for the defense. All the other aspects to the incident certainly lend themselves to the argument that the taping was done illegally, at least under Maryland law.

36 posted on 09/27/2009 1:45:51 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: lionheart 247365

hehe :)


37 posted on 09/27/2009 1:48:53 PM PDT by chris37
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To: BuckeyeTexan
Discovery wouldn’t provide open ended access into ACORN financial records, would it?

It certainly should, considering ACORN receives hundreds of million of tax dollars. It would also potentially open up the role of government officials working for ACORN.

The shredding machines are running 24/7 I imagine.

38 posted on 09/27/2009 1:50:38 PM PDT by buccaneer81 (ECOMCON)
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To: CaptRon

I would think James and Hannah could move easily....although, you’re right...having their addresses published is not good.


39 posted on 09/27/2009 1:56:06 PM PDT by goodnesswins (Democrat party has always been the party of slavery, sedition, subversion, socialism and surrender)
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To: BuckeyeTexan

Well at least they have shifted the debate to the rightness or wrongness or rather legality or illegality of what Hannah and James did and AWAY from what the Acorn employees and Acorn itself was doing. Now we are talking about this. Could they counter-sue or something? Is there any offense position rather than being constantly on defense once again?


40 posted on 09/27/2009 1:56:22 PM PDT by Anima Mundi (The trouble with trouble is it starts out as Utopia)
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