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Defendants in ACORN Suit Could Be Protected by Constitution
Fox News via Big Government ^ | 9/28/2009 | Ken Klukowski

Posted on 09/28/2009 5:47:28 PM PDT by GVnana

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To: SERKIT

Of course not. But those activities would not come under “whistleblower” statutes.


21 posted on 09/28/2009 6:28:20 PM PDT by GVnana (Sarah for America)
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To: netmilsmom

What is the link to their legal defense fund?


22 posted on 09/28/2009 7:16:55 PM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: GVnana

They have the same rights as other criminals...


23 posted on 09/28/2009 7:19:14 PM PDT by GOPJ (UN mixing democracies & dictators' is like mixing ice cream and shit-all of it stinks.(Steyn))
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To: GVnana

Acorn: Association for Community Reform Now, claims to be a community-based organization and an integral part of the community.

O’Keefe and Giles are part of the [American] community.

But even further, this has the disturbing implication that you have no moral obligation to act against evil, but that you are also required by law to keep from interfering/investigating/involvement.

This is the moral equivalent of a citizen seeing an armed robbery in a federal building, drawing his firearm and putting down the people perpetrating the [real] crime and then being charged with the indiscretion of bringing a firearm into a federal building.

Pretty soon the generally law-abiding citizen will be fed up with all the restriction and criminalizations of EVERYTHING that he will disregard and disrespect that very law.


24 posted on 09/28/2009 7:19:39 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: GVnana
And they should strike down the oppressive and absurd Maryland law that makes it a crime to record someone’s conversation without their knowledge.

No it does not. Maryland law makes it illegal to intercept communications. Recording your own conversation is not and illegal interception. This covers ease dropping and bugging and wire tapping.

25 posted on 09/28/2009 7:20:39 PM PDT by Always Right
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To: GVnana
Federal Law and the Constitution trumps state laws.... this will depend on how hard the prosecuting attorneys involved really want to take down ACORN... I will say this ...the law can be interpreted anyway one wishes... there are judges that can be requested to take certain cases... and there are all kinds of precedents already set ....

Now let's see if the prosecuting attorneys do want to go after the ACORN THUGS and take them down....

26 posted on 09/28/2009 7:22:46 PM PDT by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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To: Always Right

Then, if you are free to record your own conversations, what “standing” do these people have for a civil-suit?


27 posted on 09/28/2009 7:23:57 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Paige

Remember this is NOT a criminal case. The plaintiffs, ACORN and the two workers, are suing in civil court.


28 posted on 09/28/2009 7:25:14 PM PDT by GVnana (Sarah for America)
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To: Always Right
You need to review the Linda Tripp case. Md law does in fact cover oral communication.

The issue is whether or not the conversation was “private” as it was in office with the door open and people in the hallway. Furthermore the defendants were taking notes in full view of the ACORNs. How are the ACORNs supposed to expect privacy under those conditions? Well they can't. Case over.

29 posted on 09/28/2009 8:36:21 PM PDT by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: GOPJ

“They have the same rights as other criminals...”

So, you view their sting operation against ACORN as a crime?


30 posted on 09/28/2009 9:09:06 PM PDT by Favor Center (Targets up! Hold hard and favor center!)
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To: FlingWingFlyer; altair; stephenjohnbanker; little jeremiah; ~Kim4VRWC's~; voteNRA; mkjessup; ...
ACORN Ping!

FReep mail me if you want on/off the list.


31 posted on 09/28/2009 9:09:38 PM PDT by Jet Jaguar (A mob of one.)
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To: GVnana

Yes, I know, but I was answering the Constitutional aspect of the whole sordid scenario. As for a civil suit, ACORN will win in the state of MD unless the lawyers are dogmatic in their approach. Criminal charges “MUST” be made against these PEOPLE.

Most of all, where is the IRS in all of this? This is the question and the Republicans can be blamed for this, also - “ACORN does not have 501(c)(3) tax exempt status”. Now where is the IRS? They were giving advice on how to NOT pay taxes, make money illegally, and under the table (so to speak). Where is the IRS?


32 posted on 09/29/2009 2:56:56 AM PDT by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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To: GVnana

They should have had the conversation via a cell phone. Then an elderly couple on their way to the mall who just happened to have a cell phone scanner in their car, could have realized the historical importance of what they were hearing and recorded the conversation. Then they could take the tape to their congressman who would, in turn, deliver it to the New York Times.

No liberal would ever object to something like this happening.


33 posted on 09/29/2009 3:04:37 AM PDT by Fresh Wind ("Prosperity is just around the corner." Herbert Hoover, 1932)
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To: Paige
ACORN was giving advice on how to evade taxes, how to make money illegally, how to money launder. Where is the IRS?

Senate Finance Committee Study ACORN comprises a mind-boggling 94 different affiliates, that amounts to "a big shell game," a biting Senate Finance Committee study shows. The study, by the staff of Iowa Republican Charles Grassley, reveals four ACORN charity groups give more than half their revenue to taxable entities that engage in "impermissible lobbying and political activity." ACORN and it’s subsidiaries for decades have moved taxpayer money into their own pockets and into the left-wing Marxist machine. These tax-exempt N/P scams need to be shut down pronto.

Sen Charles Grassley's documents show leaders of ACORN community groups transferred several million dollars in charitable and government money-----meant for the poor---- to parts of the group that have political (and sometimes profit-making) missions. Sen Grassley's documents indicate that ACORN's tax-exempt groups----along with its tangled web of allied organizations---- used more than half their charitable and public money in 2006 to pay other ACORN affiliates.

REFERENCE The IRS has pinpointed tax-exempt N/Ps as the locus classicus for tax evasion and money laundering. The BIGGEST N/P fraud --- a N/P writing checks to another N/P. That's how the "altruistic" siphon off money for other uses, tax-free. Bad enough they launder their own money----in ACORN'S case, this was OUR money.

===================================================

IRS TOLL-FREE 1-800-829-0433----you may remain anonymous.

EMAIL .......OAAG.Tax@tax.USDOJ.gov

REPORT POSSIBLE CRIMINAL ACTIVITY : Conspiracy, collusion, government fraud; mishandling public property, falsifying official records, tax fraud, computer trespass, US Postal and electronic fraud.


FBI TIP PAGE http://tips.fbi.gov/ (you may remain anonymous)

Toll-free Capitol switchboard: 800-965-4701----800-828-0498------- 877-762-8762

34 posted on 09/29/2009 3:36:41 AM PDT by Liz
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To: Boiler Plate
You need to review the Linda Tripp case. Md law does in fact cover oral communication.

Linda Tripp was not convicted. The law was misapplied. There are more issues around this law that haven't been decided. On the federal level identical language has been decided that simply recording a conversation is not illegal since it is not an interception.

35 posted on 09/29/2009 3:42:47 AM PDT by Always Right
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To: OneWingedShark
Then, if you are free to record your own conversations, what “standing” do these people have for a civil-suit?

It is not really settled law in Maryland how to apply this law. But it has been decided on a federal level that recording a conversation your are part of is not an illegal interception.

36 posted on 09/29/2009 3:45:30 AM PDT by Always Right
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To: GVnana

The state is investigating.


37 posted on 09/29/2009 5:53:18 AM PDT by Brilliant
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