So About This ACORN Lawsuit...
The facts are James O'Keefe and Hannah Giles video-taped ACORN employees willingly advocating tax-evasion and underage prostitution. ACORN says the tapes are illegal according to Maryland state law. They contend that the audio portion of the tape was illegally obtained because Maryland requires two-party consent to create sound recordings.
Under Maryland's Wiretapping and Electronic Surveillance Act, it is unlawful to record a conversation without the permission of all parties.
Bodoy v. North Arundel Hospital.,945 F.Supp. 890 (D. Md. 1996)
Additionally, recording with criminal or tortuous purpose is illegal, regardless of consent,Md. CodeAnn., Cts. & Jud. Proc c.10-402.
Disclosing the contents of intercepted communications with reason to know they were obtained unlawfully is a crime as well.
That being said, ACORN is wanting to bring criminal charges, where as this appears to be a civil case. It could be argued that it's a civil case brought on by criminal charges, which either the District Attorney or the Attorney General will have to decide on, again according to Maryland law.
However, in a Maryland state civil case, it has to be proven the defendants knew the taping was illegal. In this case, I doubt it.
But why would ACORN, who surely have enough troubles brewing, want to have, essentially, their books opened up. There's going to be some names flying around in the next couple of weeks. Assuming the MSM is willing to cover it and the the White House isn't, not so much involved, but has things they wouldn't want made public.
The irony of O'Keefe and Giles being sued for exposing corruption and/or illegalities by the organization is laughable at best. or as Big Government's Dana Loesch
said in her recent column,
"...if Dateline NBC taped their 'To Catch a Predator' in Maryland, the pedophiles would be exalted as victims and the show’s producers as bad people for exposing the criminality."
Comments?
Under Maryland's Wiretapping and Electronic Surveillance Act, it is unlawful to record a conversation without the permission of all parties.
Bodoy v. North Arundel Hospital.,945 F.Supp. 890 (D. Md. 1996)
Additionally, recording with criminal or tortuous purpose is illegal, regardless of consent,Md. CodeAnn., Cts. & Jud. Proc c.10-402.
Disclosing the contents of intercepted communications with reason to know they were obtained unlawfully is a crime as well.
That being said, ACORN is wanting to bring criminal charges, where as this appears to be a civil case. It could be argued that it's a civil case brought on by criminal charges, which either the District Attorney or the Attorney General will have to decide on, again according to Maryland law.
However, in a Maryland state civil case, it has to be proven the defendants knew the taping was illegal. In this case, I doubt it.
But why would ACORN, who surely have enough troubles brewing, want to have, essentially, their books opened up. There's going to be some names flying around in the next couple of weeks. Assuming the MSM is willing to cover it and the the White House isn't, not so much involved, but has things they wouldn't want made public.
The irony of O'Keefe and Giles being sued for exposing corruption and/or illegalities by the organization is laughable at best. or as Big Government's Dana Loesch
said in her recent column,
"...if Dateline NBC taped their 'To Catch a Predator' in Maryland, the pedophiles would be exalted as victims and the show’s producers as bad people for exposing the criminality."
Comments?
posted by Northern Exposer at 03:03
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