Just out of curiosity, what is the legal definition of a private communication in Maryland?
I agree that ACORN is pressing this issue just to harass O’Keefe and Giles.
Second it would be in a location where you could expect not to be overheard or using means where you could expect it not to be intercepted.
The defendants were taking notes and the ACORN person never once asked them to stop or what they intended to do with the notes. The door to the office was wide open and other voices in the background could be heard. If the originator did nothing to ensure privacy then they can not expect it to remain so. IOW you can't have a discussion on a crowded elevator and then claim it was private just because you were only talikng to one person.
There is a reason the MD State Attny did not pursue this and it is because it would be laughed out of court.
This is a dangerous play by ACORN, not because of discovery. I do not think the discovery worries them as I believe they intend to ignore it. I think they will drop the suit and try and act like they were being generous after being victimized. However a well crafted counter suit could do real damage and at that point ACORN could not drop the suit just to get of discovery. Also I think more people will come and blow the whistle on ACORN.