As bizarre as it seems, ACORN is threatening to sue Fox for reporting on these incriminating videotapes. Glenn Beck broke news with a new tape on Monday, and Sean Hannity might be doing the same shortly. Evidently, ACORN is accusing Fox of coordinating with the filmmakers, arguing that somehow these reports make Fox legally liable.
ACORN’s unavoidable problem, however, is that suing Fox News would give Fox — or any other media organization — the ultimate Christmas present: a legally enforceable way to compel ACORN to give up all its secrets.
The process by which a party to a lawsuit can force the opposing party to disclose information is called discovery, which can take the form of depositions, written questions, or demands for the production of documents. Under federal rules, a defendant can get court orders for discovery for any information relevant to its defense, except for privileged information such as attorney-client discussions.
If ACORN sues, it would have to sue alleging some variation of defamation or fraud. The problem is that for either allegation, truth is an absolute defense. Nothing could be more relevant to Fox establishing its defense of truth in the lawsuit than having access to ACORN’s office memos, emails, phone records, and bank statements. All of these would have a reasonable chance of providing evidence as to whether ACORN workers had knowledge of any of the topics seen on the videotapes.
In short, it would blow the doors off ACORN’s vault of secrets. Fox would learn which organizations collaborate with ACORN, how they spend taxpayer money and what ACORN’s leaders say to each other behind closed doors. It would be a treasure trove for a media organization.
Can they do this? Shouldn't all other evidence be suppressed from broadcast and confined only to what is germane to the case?
Then I read this:It could also become a massive political scandal in Washington. Two of the individuals on ACORN’s eight-member advisory board include John Podesta (the chairman of President Obama’s transition team after the election) and Andrew Stern, the president of SEIU who is intimately involved with the White House on numerous issues, including the health care plan. Some Democratic elected and appointed officials also have close ties with ACORN.
While it’s certainly possible that none of these public officials have any knowledge of criminal activities by ACORN workers, it would be embarrassing to have their names associated with the investigation. Does ACORN really want to open Pandora’s box by suing a media company when these things would be at stake?
Read more:
http://www.politico.com/news/stories/0909/27270.html#ixzz0RU2CqFRxCould ACORN be bluffing so as to get the dems off their cowardly, lazy butts to repeal their unlawful Bill of Attainder and rally to their defense?
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