Tuesday, July 13, 2010
Monday, July 12, 2010
t r u t h o u t | Former San Diego ACORN Employee Files Lawsuit Against Righ-Wing Activists O'Keefe and Giles
As The BRAD BLOG has documented for many months now, the activists edited their tapes to appear as if O'Keefe dressed as and represented himself as a pimp to ACORN workers. He did neither. In fact, he represented himself as Giles boyfriend, hoping to save her from an abusive pimp. Moreover, the highly edited tapes were edited to give the impression that ACORN workers advised the pair on how to break the law. Here's just one example of how O'Keefe and Giles misrepresented what had actually occurred in the meetings and on their deceptively cropped tapes.
The blatantly dishonest hoax, however --- amplified and enabled by a wholly uncritical mainstream media --- was brutally effective and destructive, coming as part of the years-long assault by the GOP and the Right against ACORN, largely for having had the temerity to legally register hundreds of thousands of low and middle-income (read: Democratic-leaning) voters to legally cast a vote and participate in their own democracy.
Vera's complaint goes on to note that the eavesdropping and recording provisions of the Penal Code, Section 632, "defines confidential communication to include "any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto."
"Although the Act contains exemptions for particular individuals or circumstances," the complaint reads, "no exemption exists for filmmakers, the media, or journalists."
In his 28-page report [PDF], the CA AG explained that since O'Keefe and Giles received immunity from prosecution after providing the complete tapes, they "did not determine if they violated California's Invasion of Privacy Act when they recorded the ACORN employees. If the circumstances meet the requirements of the Act, the ACORN employees may be able to bring a private suit against O'Keefe and Giles for recording a confidential conversation without consent."
Former San Diego ACORN worker Juan Carlos Vera, has now filed suhch a private suit against O'Keefe and Giles.
In addition to naming O'Keefe and Giles, the suit also specifies unnamed defendants "DOES 1-20 inclusive," allowing for the plaintiff to add additional co-defendants later, as the need arises throughout the discovery phase of the case. As the secret video tapes made in California were the last among a number of such tapes made by O'Keefe and Giles (the others on the East Coast), and as O'Keefe and Giles' employer/pimp Andrew Breitbart lives in Los Angeles --- and has lied about the tapes in the past, as seen in both his newspaper column and on video tape --- it seems quite possible that he would have been aware of the video taping in advance of the California meetings, at the very least.
If so, we'll be neither surprised nor saddened to see Breitbart named as one of those DOES in the not-too-distant future.