Attorney says O'Keefe didn't bug Landrieu's phones

[maddezmom]

Source: USA Today

By Rick Jervis, USA TODAY

NEW ORLEANS — The attorney for an independent filmmaker accused of entering a U.S. senator's office under false pretense and "interfering" with the phone system said Wednesday that his client did not bug any telephones or engage in other illegal activity.

"There was no wire-tapping, bugging or interfering with the phone system," said Michael Madigan, attorney for James O'Keefe, 25.

O'Keefe gained prominence last year by posing as a pimp and recording videos that showed alleged improprieties by employees of ACORN, a community-activist group. The videos led to efforts in Congress to cut off federal funding of ACORN.

On Wednesday, some of O'Keefe's backers distanced themselves from him.



Read more: http://www.usatoday.com/news/washington/2010-01-27-okeefe-bug-landrieu-phones_N.htm

---

looks like O'Keefe kicked his other attorney Eddie Castaing to the curb.

[aquart]

1. So he was in costume because he thought it was Halloween?

[Skittles]

2. ya, because he got caught before he could do it

[Hubert Flottz]

18. First thing that I thought too.

I hope they nail this crew and whoever is behind them.

[chelsea0011]

29. Yes. All they need to prove is that they had the means to wire tap,

not that they already did. Kind of like being caught with the tools to break in and steal cars. You may not have done it yet, but having those tools is still a crime.

[Turborama]

3. The full affidavit

Available here: http://www.talkingpointsmemo.com/documents/2010/01/affidavit-detailing-charges-against-james-okeefe-filmmaker-who-broke-acorn-story.php?page=1">Affidavit Detailing Charges Against James O'Keefe

Here's Page 1...

[Earth_First]

4. Right, he was caught ATTEMPTING to bug Landrieu's phones...

Still does not negate the fact that he was ATTEMPTING to commit a felony.

[zbdent]

23. well, that's an interesting defense ...

ATTEMPTED murder ... let him go ...

ATTEMPTED bank robbery ... let him go ...

ATTEMPTED rape ... let him go ...

because he didn't actually DO it, he shouldn't be charged with it?

bizarre ...

[Javaman]

28. It's the Obi won Kanobi defence....

Lawyer: these aren't the wire tappers your looking for.

Judge: (beguiled)these aren't the wire tappers your looking for...

Lawyer: you can set him free now.

Judge: set him free...

[Arctic Dave]

48. I thought the same thing. We have a lot of people in jail who are innocent then.

[jmowreader]

53. Attempted murder? It's not like he killed somebody.

[meegbear]

33. DING! DING! DING! DING! DING!

[struggle4progress]

5. Their current trial balloon seem to be that they intended to disable the Senator's phones

in order to study how the staff reacted when phone calls didn't go through; so expect to hear "Look! We're the merry pranksters!" for a while

[Wizard777]

14. Then explain Mr. Dai being outside monitoring a listening device. Bug her phone or office.

It's just semantics.

[No Elephants]

16. So, it was just a sociological study of how government staffers react under stress?

Cool.

[struggle4progress]

21. No, it was a criminal conspiracy to tamper with government telephone equipment

[msanthrope]

38. I got the sarcasm--now watch the Faux News Headline

"ACORN Thugs Prevent Study of Senatorial Efficiency!"

[wordpix]

34. and "We did it so the people could get through to her office!"

[theothersnippywshrub]

37. If the teabuggers said that, it is an admission of a felony.

Disabling, or attempting to disable, a government phone violates Section 1362 of Title 18. The statement also makes the violation of Section 1036, entry under false pretenses, a felony.

[truthisfreedom]

6. At this point he's like the Congressman who tried to claim he had a wide stance.

Fucked. Good riddance, O'Keefe. Wouldn't want to be ya.

[jobycom]

7. Sounds like he's planning to chuck his buds under a steam roller.

He didn't bug anything, he just stood there with a video camera while his friends did. He's innocent. He was just videotaping a curious pattern in the wallpaper, unaware that those two phone repairmen were really his good old buddies in the commission of a federal crime.

[krispos42]

8. What else is he suppose to say?

"My client's guilty as sin, of course. Premeditated and everything!"

:rofl:

[maddezmom]

9. wonder if his attorney read this: Activist Touted 'Project' Before Phone Tamper Case

Conservative activist told of New Orleans 'project' days before arrest in phone tampering case

http://abcnews.go.com/US/wireStory?id=9683756

[Lasher]

13. Ruh roh.

It's gonna be hard to unring that bell.

[paulsby]

10. what the attorney said is in accord with the FBI affidavit

what is pretty clear is that they entered the office under false pretenses.

what their intent was , is still unclear.

but it is clear they did not bug or tap any phones.

or at least nobody is claiming they did.

well, nobody who knows case facts. some du'ers and other internetties need not apply

:)

[Hassin Bin Sober]

22. I haven't heard anyone claim they were successful in bugging any phones.

Have you?

Their intent/attempt isn't clear at this point - that is true. Neither is the intent of the FBI and how far they will expand the charges. The affidavit is not the end-all here.

[yellowcanine]

45. Intent is what matters. Now or at a later date. It could have been a dry run.

Yes they would have to go with a conspiracy charge. But if someone sings loudly enough it may be possible to charge conspiracy, particularly if listening devices are found - and one report said there was one found in the car parked nearby where they arrested the fourth confederate.

[paulsby]

50. right

what they did (enter under false premises) is pretty open and shut. WHY they did it, and what they were attempting to really is the question, and if anybody has any definitive evidence on that, it's not public yet.

[ronnie624]

40. This is what O'Keefe's attorney said:

"There was no wire-tapping, bugging or interfering with the phone system,"

And this is what the affidavit says:

"Based on the above information, your Affiant believes there is probable cause to believe that Flanagan and Basel under false pretenses attempted to enter, and did in fact enter, under false and fraudulent pretense, real property belonging to the United States for the purpose of willfully and maliciously interfering with a telephone system operated and controlled by the United States of America."

It looks like the two are not "in accord".

[Downwinder]

11. Who is running security in NO? People can walk in with tool bags

and no IDs?

[EFerrari]

24. The no ID part got them busted by security. n/t

[Downwinder]

25. That was eleven floors later.

[EFerrari]

43. Well, that's true. LOL

[M155Y_A1CH]

39. No they can't

Not without getting caught, that is.

[NecklyTyler]

12. The Bart Simpson defense

I didn't do it, nobody saw me do it, you can't prove anything

[No Elephants]

17. It never happened. But, if it did ever happen, i was not involved and have an airtight alibi. And,

if I was involved, I have a perfect defense.

[tsstranger]

31. The George Carlin Defense

"Cop didn't see it? I didn't do it. OUTTA HERE!!!!!!!!!!!!!"

[No Elephants]

15. Gained prominence? Maybe usatoday means "became infamous" ?

Dressing like a fool, pulling a low down stunt and then edit your video deceptively passes for gaining prominience at age 25 these days? Give me a break.


The media stinks.

[era veteran]

19. I've said it before "Pimping ain't easy"

Prison life will be ok for a super pimp and his cronies

[sendero]

20. Only because..

... they caught him beforehand.

[peacetalksforall]

26. We go from buying props for a 'project' and pretending to be technicians approved by

security with a fourth guy sitting in a car near by with a listening device to an arrest to what amounts to a claim that it was a prank?

And to top it off with a foot high embellishment - someone is saying that he announced that he had a project going on in New Orleans. They were probalby all watched as they bought the tool belts and helmets and tech stuff.

[peacetalksforall]

27. I missed something in this story - what was O'Keefe wearing when he entered

the office? What are the references to outfit or costume?

Pelican Institute, TeaParty Federation, Breitbart, FOX - US Attorney connection? That is now where the action is. If he told someone from the TeaParty Federation that he had a project going on in New Orleans that everyone would be hearing about - he must have told many others and collaborated with one or more of them. Who paid for the stuff? Were they volunteering their time?

They must have also had a plan for exposing and bragging.

The real deal is Dai.

[Beaverhausen]

46. O'Keefe has admitted that he was one of the "planners' of the incident

[Bitwit1234]

30. HMmmmm So I have a gun

I go into someone's office. I get caught, someone takes the gun. My defense is I didn't shoot anybody. I was there to check if my gun could be seen. Interesting. Logic I must say. Just cause I didn't get a chance to do it, I didn't do it...

[Joanne98]

32. There's too many Republicans in law enforcement!

[DesertDiamond]

35. Nooooo! He only *tried*!!! Not a crime because he didn't succeed!!! Yeah, that'll fly!

[merh]

36. Attempt to commit a crime does not require completion, just an

attempt.

[NashVegas]

41. Psssssssstttt .... Conspiracy Charges Are FUN!

[mulsh]

42. spin is one thing proving it in court is something else

until and if this lawyer proves this was just a prank in court I'll keep calling it a wiretap. it's the least I can do. either way I hope these men and their backers get more exposed and serve some time in a Federal Prison.

[yellowcanine]

44. But didn't the FBI find a "listening device" in a parked car on a nearby street?

Who is to say that once they had access to the phone closet the confederate in the car would not have been summoned to bring the listening device. Besides, this could have been a "dry run" with the intent of coming back later to plant a listening device. The attorney should save his arguments for court. He is trying to apply political pressure to the prosecutors to drop the case.

[spotbird]

47. Who cares?

It's still a serious felony.

[TexasObserver]

49. The Three 6 Mafia responded with "It's Hard out Here for a Pimp"

http://www.youtube.com/watch?v=0ARG9BXUZSc&feature=related

[gmoney]

51. It's the Sideshow Bob defense:

Attempted murder? Now honestly, what is that? Do they give a Nobel Prize for "Attempted Chemistry?" Do they?

[fascisthunter]

52. and so the spinning begins.... They Intended to Tap the Phones

whether they intended to or not, they commited a federal offense. And yes, this clears ACORN.