The story that had the political media buzzing yesterday was the arrest of James O’Keefe, the conservative, pimp-playing activist who embarrassed ACORN with his undercover videos, and three other men—two of whom were apparently dressed as telephone repairmen—for allegedly attempting to tamper with the phones in the New Orleans office of Senator Mary Landrieu, a Louisiana Democrat.
To make the story even more bizarre, one of the men is the son of an acting U.S. attorney, and another is apparently the associate director of a spy school. The four have been charged with entering federal property under false pretenses with the intent of committing a felony. The Times-Picayune’s coverage is here, and the FBI affidavit is here.
For liberal bloggers and pundits, who’ve had a rough time of it lately, the story was comic relief; Twitter was buzzing yesterday with “plumber” jokes and references to Watergate. On the other side of the aisle, how did the conservative media world respond?
Andrew Breitbart, whose BigGovernment.com gave a platform to O’Keefe’s ACORN videos, didn’t run from the story. Tuesday evening, all three of Breitbart’s “Big” sites featured the AP story on their front page, along with a link to the affidavit and a statement from Breitbart in which he disclaimed any knowledge of the operation. He was later a guest of conservative talk show host Hugh Hewitt; during the segment, Hewitt’s main focus was on distancing Breitbart from the arrest.
By this morning, Breitbart’s tone had shifted a bit. In a new post, he accused the “mainstream media” of “leaping to conclusions” while he waited for the facts:
I’m sure they would like to believe O’Keefe is stupid enough to try to “wiretap” a sitting U.S. senator in broad daylight during office hours, while recording the entire sequence of events on his cell phone camera. And they’d like you to believe it, too.
But there is absolutely no allegation in the criminal complaint that “wiretapping” or “bugging” is any part of this case, just the charge that O’Keefe and the others entered Sen. Landrieu’s office in New Orleans “for the purpose of interfering with the office’s telephone system.”…
Let me state clearly for the record: wiretapping is wrong. But until I hear the full story from James O’Keefe, I will not speculate as to what he was doing in Louisiana.
Regardless of the outcome we will keep the readers of Big Government apprised of this emerging story.
Other conservative writers were more critical. At Hot Air, blogger Allahpundit posted on the news:
The editors of Big Government claim they knew nothing about it, which is almost certainly true: No way would Breitbart be so stupid as to sign off on tapping a senator’s phone. What makes this doubly bizarre, of course, is that O’Keefe was already threatened with legal action by ACORN for surreptitiously videotaping inside their offices. You’d think if he was planning to try something as insanely underhanded as this, he might have done, say, a Wikipedia search about whether it’s illegal to, um, tamper with government phone lines.
Allahpundit then cites the section of the federal code that spells out a prison sentence of up to 10 years for anyone who “attempts or conspires” to interfere with federal telephone lines, and adds:
I assume the defense is going to be something like, “We never intended to tap the phone, we simply wanted to show how easy it would be if someone wanted to do it,” but even so: Ohhhhhhhhhhhh boy. Ten years.
Michelle Malkin, meanwhile, had this to say:
the details… are damning. This is neither a time to joke nor a time to recklessly accuse Democrats/liberals of setting this up — nor a time to whine about media coverage double standards.
And also:
They are, of course, presumed innocent until proven guilty.
But for now, let it be a lesson to aspiring young conservatives interested in investigative journalism:
Know your limits. Know the law. Don’t get carried away. And don’t become what you are targeting.
Malkin also updated the link on her front page with a quizzical response to O’Keefe’s words as he was leaving jail on bail: “‘Veritas’?”
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Sorry, I don't get it. When ABC or NBC or '60 Minutes' would use subterfuge (posing as the employee of a Food Lion grocery store, say) to plant hidden cameras, etc., that was called 'investigative reporting' and no arrests were made. Any objections, let alone arrests, were described as having 'chilling effects' on investigative journalism, even if the transgressions were on private property. One Congresswoman famously was a party to taping a Newt Gingrich conference call with other GOP leaders in the 90s. We can agree that bugging someone's office is some kind of offense, dating back to Watergate, but I don't understand why arrests weren't made in the cases I mention above.
#1 Posted by Mark Richard, CJR on Wed 27 Jan 2010 at 12:23 PM
Right. A reporter "posing" (actually working) as an employee of a grocery store is JUST THE SAME THING as tapping a sitting Senators phone on federal property. Only in the eyes of the rightwing loonies.
Taping a conference call is JUST EXACTLY THE SAME THING as a group of criminals trespassing on federal property to commit the felony of tapping a Senator's phones.
An entirely different reaction, I'd wager, if Mike Stark and his group of leftie activists had gone into Michele Bachmann's office to tap her phones. Get out the pitchforks and torches (and Uzis)! Or, if, God forbid, a group of Muslim Yalies snuck into Eric Cantor's office to tap his phones. Ya think they would have been cut loose like this clown? I think not!
#2 Posted by James, CJR on Wed 27 Jan 2010 at 01:36 PM
Hi Mark, the answer to your question is complicated but basically comes down to consent. Most Federal and State statutes derive from one-party consent. So in the 60 Min example, as long as the "subterfuge" was included in and consented to the taping, no criminal laws are broken (they could still be open to civil action). Had 60 Min aired or published parties that did not involve the "subterfuge" and who did not content to being taped, then a possible felony occurred. This is why an arrest was made in this case, they were intending to bug or tape conversations they were not a party to. Hope this makes sense, there is plenty to Google regarding consent laws.
#3 Posted by David Black, CJR on Wed 27 Jan 2010 at 01:43 PM
While the affidavit does say that the FBI agent believed they were there to interfere with the phone system, there doesn’t appear to be any information supporting that except for the agent’s opinion. The affidavit doesn’t mention any attempt to tap phone lines or intercept/divert any electronic communication, so I think its fair to say that the media (including its faithful lapdog CJR) seems pretty intent on pushing this line based on the agent statement.
With that said, I find it interesting how quickly the press and especially CJR has been to cover this, after all they sat on their hands for weeks when O’Keefe made his ACORN tapes public (to Mr Marx’s credit, he did run a half assed apology piece for ACORN 4 days after the original story broke).
Its tough to say what will come of this, it’s not like these kids are Jim McDermot (D-Baghdad) who got a slap on the wrist for a similar offense, and considering the embarrassment O’Keefe caused Obama’s bagmen over at ACORN, I think Holder will try to use every trick in the bag to bury them. The administration paid several hundred million dollars to buy Landrieu’s vote for Obamacare and they aren’t going to let a couple of right wing meanies ruin that!
#4 Posted by Mike H, CJR on Wed 27 Jan 2010 at 02:45 PM
Has anyone checked to see if James O'Keefe is any relation to Mark O'Keefe, the right-wing Christian journalist.
#5 Posted by Larry, CJR on Wed 27 Jan 2010 at 02:53 PM
The only one of the right wing bloggers who strikes me as insidious is Michelle Malkin with her:" nor a time to recklessly accuse Democrats/liberals of setting this up" which is how that chick insinuates that thought into the muddy river.. Maybe they defendants ought to try to get Ramsey Clark to defend them, he is great for lost causes:
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#6 Posted by MICHAEL ROLOFF, CJR on Wed 27 Jan 2010 at 06:20 PM
When this kid took down ACORN with a silly pretense and a Handycam, the "watchdogs" here at CJR sat on the story for days - even as Congress rushed to ditch ACORN in a Friday night vote in the only bipartisan action taken during the Obama administration.
Even then, the CJR-ites who begrudgingly acknowledged the story after the blogosphere forced them to do so ran cover for ACORN (as evidenced by the fact that none of the CJR articles bothers to mention the little fact that ACORN employees nationwide were eager to assist a child prostitution operation evade taxes).
But the kid in the video gets busted so NOW this kid is newsworthy, Mr. Marx?
Don't get me wrong- if the kid tried to tap a phone, he should go to jail and so should anyone who helped him.
However, what's the bigger story? "International activist organization that receives milllions in dollars of taxpayer's money is staffed coast-to-coast with corrupt employees and Congress suspends further funding"? Or "stupid kid gets busted trying to bust a Dem. congresswoman by messing around with her office phone"?
#7 Posted by padikiller, CJR on Wed 27 Jan 2010 at 06:42 PM
It seems clear to me why this story is bigger.
When O'Keefe "broke" the ACORN stories, he was a nobody. He dug up some dirt that appears to follow his party lines. And yeah, maybe some major news outlets were embarrassed that they didn't discover what O'Keefe did at ACORN. But it's a stretch to call the ACORN videos paramount investigative journalism. It is not. Yes, he found malfeasance, but his process is terrible. Dressing up like a pimp? Are you serious?
So, now that O'Keefe became a public figure (not official, figure), he subjected himself to faster news coverage. That's the way it works. He's a somebody.
Now, he's a somebody who allegedly trespassed federal property.
#8 Posted by Christian, CJR on Wed 27 Jan 2010 at 11:20 PM
Christian wrote: "It seems clear to me why this story is bigger."
padikiller wonders: ?????????
The ACORN sting resulted nearly immediately in two emergency bipartisan Congressional votes (the ONLY ones since the election), a national restructuring of ACORN involving the termination of dozens of employees, an internal investigation (launched only after a ridiculous denial), ongoing investigations launched by the attorneys general of Maryland and California, document dumping in ACORN offices, evidence of fraud and abuse within ACORN turning up left and right, and a slew of pending federal lawsuits as ACORN grasps for tax money.
Why is O'Keefe important here, exactly? He's just a dumbass kid with an anti-liberal agenda who got arrested. He could have been anybody with a Handycam. As for the amusing notion that he is now a "public figure" after the ACORN sting - please note that the MSM (and CJR) did everything possible to avoid covering his (or his "girlfriend's") oeuvre. We certainly haven't heard anything about him since the ACORN sting.
Indeed, the "watchdogs" here ignored the ACORN story entirely until days after the House and Senate each voted overwhelmingly to defund ACORN as result of the sting videos. To assert that the media assigns any import to this kid is just silly. The fact of the matter is that there is indeed a double standard among the self-proclaimed "professional journalists" of the MSM (and CJR): If a kid busts a huge liberal reform organization, it's not "news", the only "news" is that the kid used sneaky tactics. If the same kid gets busted screwing with a Democrat using sneaky tactics, well then it's front page material.
#9 Posted by padikiller, CJR on Thu 28 Jan 2010 at 08:45 AM
There is no felony that these little rightwing protofascists won't defend in one of their own, is there? Soft on crime if committed by the College Republicans.
These rightwing terrorists need to be prosecuted to the fullest extent of the law. They broke into a US Senator's office with the intent to bug the phones and spy on this sitting member of the Homeland Security Committee. Those acts are federal crimes. As a matter of fact, maybe these little fascists should be waterboarded. Let's get some information on whether they conspired to commit these felonies by with foreign country, or a revolutionary group. Aren't some of their fellow fascists calling for a revolution against the government? They are armed to the teeth, we know that.
As for why this clown O'Keefe is getting coverage NOW? Well, the rightwing loonies gave poor Greg Marx & Co such a hard time when he didn't cover the ACORN unpleasantness to their satisfaction, he learned his lesson. Now he's covering the dipstick O'Keefe TOO MUCH. hahahah!
#10 Posted by Tom, CJR on Thu 28 Jan 2010 at 10:13 AM
This is most useful, being able to read in one place the right's reaction to an alleged illegal act committed by one of their fellow travelers.
In this instance, as in many others, CJR is performing a most valuable public service on the Web. I'm confident I am not alone in my gratitude for your contribution to the dialogue of democracy.
#11 Posted by George Mitrovich, CJR on Thu 28 Jan 2010 at 03:26 PM
Tom wrote: There is no felony that these little rightwing protofascists won't defend in one of their own, is there?
You guys are dodging the issue. Nobody here is covering for the kid. If he committed a crime, he should go to jail, and the story is certainly newsworthy.
However, the story the kid broke on ACORN was WAY, WAY more important than the fact he got busted screwing around with a Democrat's phone system. Both houses of Congress aren't going to docket emergency sessions to deal with this kid. The attorneys general of two states aren't going to launch investigations over this kid's arrest. The General Accounting Office isn't getting involved in the kid's case. That's just the reality here.
Nonetheless, CJR (and the dead tree MSM) sat on the ACORN story until they were beaten into covering it, but they hopped all over the kid's arrest. This is just a liberal bias. Period. We're just pointing out the double standard.
Tom blithered on: Let's get some information on whether they conspired to commit these felonies by with foreign country, or a revolutionary group.
Right... You are convinced there is a conspiracy here that warrants investigation (as it may), but we are all supposed to swallow ACORN's line that the corruption caught on video is nothing more than "isolated incidents" among "low level" employees.
When is comes to criminal activity exposed in liberal organizations, CJR's take seems to be "nothing to see here... move on".
#12 Posted by padikiller, CJR on Thu 28 Jan 2010 at 05:09 PM