"The government has offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct or to bar ACORN from federal funding without either a judicial trial or an administrative process applicable to all government contractors."
The court declared that the provisions of the "FY 2010 Consolidated Appropriations Act," an amalgam of six separate bills which President Barack Obama signed into law on Dec. 16, 2009, which sought to strip ACORN of their right to enter future contracts with the U.S. government and to deprive them of all federal funding, save what had already been earned on existing contracts, amounted to an unconstitutional Bill of Attainder in violation of Article I, Section 9 of the United States Constitution.
Gershon's decision comes on the heels of a recent string of legal and public relations exhonerations for the community group which has long been targeted by the GOP, in large part, for their successful work in legally registering hundreds of thousands of low- and middle-income voters who tend to favor Democratic candidates...
“A lie can travel halfway around the world while the truth is still putting on its shoes.” - Mark Twain
"All that is needed for the forces of evil to triumph is for enough good men to do nothing." -Edmund Burke
In a society increasingly dominated by dictatorial and corrupt corporate wealth and power, a collection of community organizations, The Association of Community Organizations for Reform Now (ACORN), steps forward to become the voice of the most vulnerable of our citizens --- the poor and lower-middle class. It is a national coalition which not only strives to insure that these otherwise atomized and powerless masses retain and exercise their equal right to vote, but a caring organization which seeks a living wage for all citizens; that tries to protect them from predatory lenders and phony foreclosure assistance scams.
At a time when the heartless and uncaring Bush/Cheney cabal left thousands of our fellow citizens to sink or swim in a toxic soup of petrochemicals, flood waters and decaying bodies, ACORN, according to the Congressional Research Service [PDF], stepped forward to assist "in the clean-up of 1,850 homes and" organized "10,000 hurricane survivors into the ACORN Katrina Survivors Association."
It is, however, slightly more surprising, and certainly most noteworthy, that now that they've been exposed as hoaxes, even Murdoch's own New York Post was forced to describe the doctored tapes as a "'heavily edited' splice job that only made it appear as though the organization's workers were advising a pimp and prostitute on how to get a mortgage...[with] many of the seemingly crime-encouraging answers...taken out of context so as to appear more sinister."
What is truly disturbing, however, is that this concocted tale would be unquestioningly accepted as legitimate by the corporate media and by Congress, which, in their rush to mollify the noisy hard-right, displayed a profound ignorance of basic concepts of fundamental fairness and due process of law.
ACORN was prematurely and inappropriately tried and convicted in the press and in Congress, without so much as a single hearing, vis a vis a grotesque and shameful word-of-mouth propaganda lynch job unseen since the days of Joseph McCarthy, the disgraced, right-wing demagogue who misused his powerful perch in the U.S. Senate to smear "loyal Americans as disloyal" and who falsely "charged that the government was being undermined from within"...
[UPDATED TWICE: Good news! Morrissey quickly corrected his report after we notified him of the incorrect coverage. Bad news! His correction was also incorrect. SECOND UPDATE: Morrissey has copped to his second error as well, and has finally corrected appropriately. Details on all, at bottom of this article. -BF]
Once again, the accurate reporting of facts, truth, and reality doesn't seem to be required when it comes to the Rightwing's continuing, years-long attempt to villainize the community organization ACORN for having the temerity to help legally register millions of low- and middle-income voters (who tend to vote Democratic) to legally vote so that they may legally participate in their own democracy.
Latest example: Yesterday, Ed Morrissey of Hot Air --- a blog created by Rightwinger Michelle Malkin and recently purchased for an undisclosed sum by the far Rightwing Salem Communication outfit --- misreported [emphasis added]:
Today, [Wisconsin’s Attorney General J. B.] Van Hollen announced indictments in five cases — including two felony indictments against ACORN for scheming to have registrants vote multiple times in November 2008.
Unfortunately, Morrissey and Hot Air are patently --- and apparently knowingly --- incorrect.
The "two felony indictments," which Morrissey even links to [PDF] and quotes from in his inaccurate hit piece, are not "against ACORN," but against two workers who defrauded ACORN, even as the pair defrauded the voter registration process...
Much more soon on Rightwing propagandist Andrew Breitbart and James O'Keefe's quickly unraveling ACORN "Pimp" Hoax, just how much of a hoax it really was, how the media and Democrats shamefully failed their due diligence in reporting and/or acting on it, and coverage of a lot of new commentary on it all that has been coming in rapidly from the Left, Right, and Other over the last week or so.
Until then --- and as we still wait for Breitbart and O'Keefe to release the unedited versions of the videos which they've charged for six months demonstrate serious crimes they apparently don't want to show us, and while we continue to wait for the embarrassingly discredited hard rightwing L.A. County District Attorney Patrick Frey, who blogs pseudonymously as "Patterico" both at his own site and in comments at The BRAD BLOG and at Breitbart's websites, to explain how it is that as a Deputy D.A. he's authenticated the "unedited audio" that he claims proves some form of criminality by ACORN that neither the Brooklyn D.A. nor the former MA Attorney General [PDF] nor the Congressional Research Service have been able to find --- here is a short, instructive video worth a quick look.
It's from 2007 and demonstrates just how simple it is to edit raw video in order to show something other than what actually occurred...
Earlier this week, the Brooklyn D.A. concluded a five-month investigation of the Brooklyn ACORN videos, finding "no criminality." Following the release of the findings, Rupert Murdoch's own New York Post, of all places, reported it this way:
ACORN set up by vidiots: DA
The video that unleashed a firestorm of criticism on the activist group ACORN was a "heavily edited" splice job that only made it appear as though the organization's workers were advising a pimp and prostitute on how to get a mortgage, sources said yesterday.
... Many of the seemingly crime-encouraging answers were taken out of context so as to appear more sinister, sources said.
In the meantime, as the Times continues to fail, last night Stephen Colbert mocked the entire ACORN "pimp" hoax as we've been revealing it over the last several weeks and, along with it, James O'Keefe, Andrew Breitbart, Fox "News" --- and, yes, indirectly, the New York Times --- by sharing his own "exclusive," damning, and heavily-edited video interview...
Related: Yesterday ACORN launched a campaign to fight back and "Demand Accountability" from the Times and the other media outlets that have grotesquely misreported this story and have still failed to correct their damagingly inaccurate coverage. More on that campaign and how you can add your voice to it, right here...
Following on our weeks-long coverage here at The BRAD BLOG, and at other sites who've similarly jumped in demanding accountability from the New York Times, ACORN itself is now launching a "Letter to the Editor" campaign to "Demand Accountability" from the paper for their repeated misreporting of the James O'Keefe/Andrew Breitbart ACORN "pimp" hoax.
The community group's heavily-footnoted email blast, signed by "CEO and Chief Organizer" Bertha Lewis, quotes several articles from The BRAD BLOG's detailed coverage, including NYTimes Public Editor Clark Hoyt's outrageous emailed justifications for refusing to recommend the paper correct its multiple misreports.
The BRAD BLOG, however, has indeed shown "conclusive evidence" to Hoyt that the paper was wrong, and even Hannah Giles (who played the fake prostitute) and even Andrew Breitbart (who published the videos to help launch his new BigGovernment.com website) have both now admitted that the reports of James O'Keefe dressing as a "pimp" in the offices of ACORN were flat out wrong.
Whelan says the group is "asking people to contact either the New York Times OR their local paper and ask for a correction to the erroneous reporting regarding O'Keefe and his video scams."
"Bradblog and a handful of online writers have been way ahead in looking at the facts on this story," Whelan wrote, "just as you were in exposing the great voter fraud fraud in 2006." (Our indexed coverage of that particular Rightwing fraud campaign is here.)
We are asking people to contact papers all around the country because nearly everyone has reported on this story erroneously at some point-O'Keefe's purpose after all, was to deceive and confuse. The New York Times has a special responsibility to correct the facts though-both as the paper of record and because they reported based on a combination of wild misconceptions (as they admitted to you) and pressure from the radical right.
Moreover, even Rupert Murdoch'sNew York Post reported on the finding, noting the D.A. described the video as a "'heavily edited' splice job" where "many of the seemingly crime-encouraging answers were taken out of context so as to appear more sinister."
And yet, the New York Times, the "paper of record," continues to misreport the story, even in the wake of the D.A.'s finding, as we detailed last night.
It's not particularly worth my time, or anybody's time (unless they are involved in suing or pressing charges against the GOP hoaxsters), to get into the detailed weeds on how the ACORN "pimp" hoax videos were doctored to show something other than what they really were, in comparison to what the text transcripts (which may or may not be accurate) actually show, since:
the entire scam was a political hit job and a scam from the jump, and;
since accused felon James O'Keefe and his employer and publisher Andrew Breitbart have refused to release the unedited video tapes, and;
since nobody but low-level workers and volunteers are even seen on the tapes, and;
since ACORN immediately fired those who violated the organization's own written protocols.
As The BRAD BLOG has been detailing over the last several weeks, the highly-edited, heavily-overdubbed, secretly (and likely illegally) taped videos, and those who published them, have already proven to have discredited themselves.
Now that O'Keefe's ACORN "pimp" hoax has been acknowledged, even by Andrew Breitbart, as a deceptive fraud --- where he once called it Pulitzer Prize-worthy "journalism" he now compares it to Borat --- it doesn't seem to matter to the same rightwing bloggers who trumpeted it in the first place that O'Keefe lied about playing his now-infamous 70's-era blaxploitation "pimp" character in ACORN offices. What's important, those foolish enough to keep backing O'Keefe and Breitbart now claim, is not that the purveyor of the information has been shown to be a fraud himself, but what he purports to have caught ACORN workers saying and doing on his highly-edited video productions.
But even those charges don't hold up to even the quickest scrutiny...
The quote in the above panel is taken from the mindblowing emails Hoyt sent to me recently, as one of his reasons for not recommending the "paper of record" issue retractions for their repeatedly inaccurate and misreported coverage of the James O'Keefe/Andrew Breitbart ACORN video "pimp" hoax, as The BRAD BLOG has now been covering for weeks.
In addition to the absurd justifications that Hoyt (who can be emailed at Public@NYTimes.com) offered for refusing to responsibly recommend corrections, the paper's Senior Editor for Standards, Greg Brock, offered equally absurd reasons for standing by their reporting earlier, including O'Keefe's appearance on Fox News, "wearing what HE said was the same exact costume he wore to ACORN's offices."
Meanwhile, back in Clay County, Kentucky, where election officials (including the county clerk, a district court judge, and the school superintendent) were arrested last year, and are now on trial, accused of having "fix[ed] elections for decades," a "precinct worker testified...that top election officers in the county taught her how to change people's choices on voting machines to steal votes in the May 2006 primary." The vote stealing was accomplished on ES&S touch-screen electronic voting machines, without the knowledge of legitimate voters, after they'd left the booth thinking they had cast their votes.
The scheme also included Republicans changing their party registration to Democratic in order to serve as Democratic poll judges and officers on Election Day, as has been alleged elsewhere (for example, in Ohio in 2004)...
Kings County, New York District Attorney Joe Hynes put out a statement just now:
On Sept. 15, 2009, my office began an investigation into possible criminality on the part of three ACORN employees. The three had been secretly videotaped by two people posing as a pimp and prostitute, who came to ACORN’S Brooklyn office, seeking advice about how to purchase a house with money generated by their ‘business.’ The ‘couple’ later made the recording public. That investigation is now concluded and no criminality has been found.
Brooklyn prosecutors on Monday cleared ACORN of criminal wrongdoing after a four-month probe that began when undercover conservative activists filmed workers giving what appeared to be illegal advice on how to hide money.
While the video by James O'Keefe and Hannah Giles seemed to show three ACORN workers advising a prostitute how to hide ill-gotten gains, the unedited version was not as clear, according to a law enforcement source.
"They edited the tape to meet their agenda," said the source.
UPDATE 3:24PM ACORN issues a statement following the announcement from the King County, D.A. noting what The BRAD BLOG has been reporting for years:
O'Keefe and the Fox attack machine targeted ACORN because of our successful work to empower hundreds of thousands of low and moderate families as voters and active citizens.
Observers who looked closely at the filmmakers' own transcripts have already noted that O'Keefe presented low level employees with a bogus scenario in which he presented himself as a boyfriend trying to rescue a prostitute from a violent pimp. Although no employees took any actual action to file papers for loans or taxes, ACORN already conducted its own review in order to move forward serving our communities.
Hopefully today's announcement, and similar results from independent reviews, will make politicians and media examine the facts more carefully the next time a valuable community organization is attacked.
I recently attended the Conservative Political Action Conference (CPAC) in D.C., with video camera in hand, to report on the attendees. I was particularly interested in interviewing James O'Keefe, the miscreant (and accused felon) responsible for the ACORN video media hoax that The BRAD BLOG has been meticulously detailing for several weeks, including the important focus on how the mainstream corporate media (the old-media) have been had by the scam.
O'Keefe's phony "pimp" story has been debunked, but, as Brad Friedman has shown, the old-media remain remarkably reticent to admit their errors, and the publisher of the videos, O'Keefe's employer and promoter Andrew Breitbart, has been unwilling to help them off the hook. Witness the outrageous email responses from the NYTimes' Senior Editor for Standards Greg Brock and then from their Public Editor Clark Hoyt, when it was shown to them that "the paper of record" had been had --- that O'Keefe had never "visited Acorn offices...dressed so outlandishly" in the now-infamous "pimp" costume as the paper had reported, as O'Keefe had represented, and as Breitbart himself had claimed in his own column, to the public.
While I didn't get the chance to speak with O'Keefe, I did catch up with his partner in fraud, Hannah Giles. Alas, she was surrounded by a protective coterie and fled without answering any questions when one of her entourage recognized me.
But then my luck turned. I trekked to the basement to cover the "XPAC" party and found myself standing shoulder to shoulder with Breitbart, O'Keefe's promoter, publisher, and employer, and owner of the website which launched the infamously damaging, misleading, deceptive, and highly doctored video tapes. I had previously questioned Breitbart at a press conference at the National Press Club press last October. He's had a pretty easy ride of it since then, facing questioning only from a largely adulatory press.
Though old-media, as Brad has shown, have been remarkably reluctant to demand answers to hard questions from Breitbart --- or any of the players involved in the ACORN secret video scheme --- I felt it important to do so for a number of reasons. The results were revealing, both in Breitbart's insanely manic demeanor, and in the substantive content of his answers to my questions.
Ultimately, as I believe you'll find in the video, he reveals a lot about his own editorial judgment, professionalism, and reliability --- none of it is good...
* * *
The Breitbart/O'Keefe media fraud has been wildly successful for the pair, helping to launch Breitbart's BigGovernment.com site late last year. But, unfortunately, it's hurt a great number of innocents.
Lost in the outrage against the New York Times for having fallen for the scam without bothering to fact-check, as The BRAD BLOG has been detailing for the past several weeks, is the fact that Breitbart and his ward O'Keefe have accomplished a despicable goal: They've all but destroyed an organization committed to helping those Americans most in need. Real people --- thousands of children amongst them --- will suffer hardship as a direct consequence of Breitbart's and O'Keefe's mendacious and malicious hoax, and singularly partisan political agenda. When will the media get around to telling that story?
And what of the damage that disreputable propagandists like Breitbart and O'Keefe bring to the real citizen journalists in the new media --- those of us striving not to sell a political agenda under false pretenses, but, rather, hoping to document facts, truth, and on-the-record positions of those who would corrupt our system through disingenuousness, self-enrichment, and lies?...
[Ed note: This blog item was originally published on 2/6/2010. I'm re-dating it to today, to let you know that my full Hustler article, sans graphics, has now been posted online at the LarryFlynt.com site.. Edmonds has now named names, but the media won't investigate. Why would that be? I look at the possibilities in my article. --- As well, the Mike Connell feature story in February's Maxim, mentioned below, is also now posted online. -BF]
You're welcome. My 2000+ word article on former FBI translator-turned-whistleblower Sibel Edmonds is now featured in the March 2010 edition of Hustler. Sorry, she's wearing all her clothes. Go buy it anyway.
The article brings the story of Edmonds, who was twice-gagged by the Bush Administration's outrageous use/abuse of the "States Secrets Privilege," fully up to date following her naming of names, finally, under oath, in remarkable testimony last summer. (Some of those names: Hastert, Burton, Blunt, Lantos, Schakowsky, Wolfowitz, Perle, Grossman, etc.)
The 'rave reviews' just keep pouring in for the massive fails by New York Times Senior Editor for Standards Greg Brock and Public Editor (what they call their ombudsman) Clark Hoyt to recommend corrections for the repeated misreporting of the ACORN video "pimp" hoax.
At least one of them is absolutely devastating in highlighting both the extraordinary hypocrisy and sheer stupidity demonstrated by the "paper of record" in refusing to set the record straight on its incontrovertibly inaccurate coverage of the false "pimp" story peddled by rightwing propagandists last year...
After not hearing from New York Times Public Editor Clark Hoyt for nearly a week --- during which I'd sent him more and more indisputable evidence that Andrew Breitbart employee James O'Keefe never played his infamous "pimp" character in the offices of ACORN --- he responded with a couple of blistering charges. The email was sent several hours after we'd published our article yesterday, detailing his various untenable justifications for not recommending retractions by the "paper of record" for multiple undeniably fallacious articles on O'Keefe and Breitbart's discredited hoax ACORN "pimp" videos.
Hoyt equated our use of offering independently verifiable and incontrovertible hard evidence, demonstrating the Times, their Senior Editor for Standards Greg Brock, and Hoyt himself were simply wrong, time and again, in falling for the rightwing hoax, and my attempt at seeing accountability for it, with a "political agenda" on par with the Rightwing propagandists who ran the dishonest partisan smear campaign to destroy ACORN.
The fall-out in the blogosphere has been quickly broadening since The BRAD BLOG's exclusive yesterday. Responses from a number of influential blogs and bloggers include a call for Hoyt to step down as the paper's ombudsman, a blistering description of this particular rationalization of his [emphasis Hoyt's]...
The story says O’Keefe dressed up as a pimp and trained his hidden camera on Acorn counselors. It does not say he did those two things at the same time
...as "unforgivable," and the charge that "the paper allowed its desire to seem 'fair' to the right trump its commitment to being fair to the facts." Also, an online petition calling for NYTimes retractions was just launched. (More details and fall-out below.)
Hoyt wrote back in response to the "Last Chance" note I'd sent him on Monday, offering a final opportunity to re-consider his previous assessments, in which he'd found that no correction was in order for the paper, "because that would require conclusive evidence that The Times was wrong, which I haven't seen"...
The New York Times' independent Public Editor, Clark Hoyt, after sending me an email originally standing by the paper's misreporting of the James O'Keefe ACORN 'pimp' story, now describes the rightwing activist's misrepresentation of his highly-edited and heavily-overdubbed hit videos as "journalistically unethical."
O'Keefe's deceptive editing of those infamous tapes implied that he had presented himself in ACORN offices as a 70's-era blaxploitation "pimp." It was the eye-popping, media-friendly, marquee headline that news outlets, including the Times, latched onto and ate up. Except that it never happened. The tapes were purposely manipulated in order to give the appearance that ACORN workers were so dumb they didn't even recognize that skinny little white kid as a phony pimp. And that's exactly how O'Keefe, and his employer Andrew Breitbart who published the misleading tapes on his websites, wanted them to be perceived.
We've spent the last several weeks here reporting and demonstrating how the O'Keefe/Breitbart ACORN video hoax was exactly that --- a political partisan scam that was publicized uncritically by the New York Times, and dozens of otherwise reputable outlets.
Despite the Times' repeatedly misreporting that O'Keefe was dressed or posed as a "pimp" while meeting with ACORN employees in those videos, and even after being shown in no uncertain terms that he did not, the Times' Public Editor has declined to recommend the paper retract its reporting on this story. The coverage at the "paper of record" undoubtedly helped lead to Congressional passage of federal legislation attempting to defund the community organization, and helped to bring on a subsequently crippling decline in other funding sources for the non-profit group which serves to provide support for low- and middle-income American families.
At the end of the remarkable email exchange between Hoyt and myself (published in full at the end of this article), he says he recommended only that "Times editors ...avoid language that says or suggests that O'Keefe was dressed as a pimp when he captured the ACORN employees on camera."