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James O’Keefe Arrested Tapping Landrieu’s Phone Line? UPDATE

January 26, 2010
By

No she was not involved - just not worth a photo of him if not for an excuse to show her

By now I am sure you have already heard this headline somewhere.  I was in the car and heard it five times in twenty minutes and have now seen it three times in a half hour since arriving home.  If you’re like me you heard the story like this – Four men arrested for attempting to illegally tap a United States Senator’s phone line – or – “James O’Keefe arrested trying to bug Senator Landrieu’s office.”  Again, if you’re like me, you then had one of those “awww crap – he didn’t” moments and gasped and kinda chuckled all at the same time.  If by chance, you’re not like me, or if you are wondering what the heck and who the heck I am talking about.  Its the ACORN kid.  You know him – the dorky dude that dressed like a pimp and teamed up with the gorgeous Hannah Giles to expose ACORN for the corrupt ethically bankrupt crime syndicate it truly is.  Well if its still not ringing any bells you’re at the wrong site.  For everyone else, we will move on.

Apparently O’Keefe and his co-conspirators concocted a scheme to gain access to Landrieu’s office and intended on tapping her phone lines.  No word as of yet what they hoped to find there, but if the ACORN fiasco taught us anything it is that O’Keefe doesn’t settle for exposing one small player – if a US senator can really be a small player – he goes for the whole operation.  I am just speculating, but I don’t think I’d be going out on a limb suggesting that he might have planned to tap several lawmakers in a similar fashion.  I could think of three right off the top of my head that might be related to Landrieu:  oh let’s see… a couple of votes for dollars senators….Ben Nelson and Joe Lieberman; or perhaps Harry Reid (the man who “Purchased” Louisiana).

Big Government – the site where O’Keefe revealed his ACORN footage – ran by Andrew Breitbart – has released a statement saying that they had no knowledge of O’Keefe’s plan and refused to comment further.

So what’s next for the amateur film maker?  I’d say ten years unless his lawyer can broker a deal.  The Left will be all over this story and anything short of throwing the book at this guy will NOT be an option.  In fairness, we don’t know the whole story as of yet, but if its as cut and dry as it appears to be, I have to agree with them.  Tapping a senator’s phone?  I don’t know if I’m leaning toward sinister or stupid, but either way you won’t find me defending this moron for a second if it proves to be true that he stooped to this.  If we’re being completely honest here, we’d be talking national security and terrorist activity if we didn’t know him by name at this point.

Stupid, stupid, stupid.  I actually think I am still in a state of disbelief.  I haven’t seen any documentation from the arrest as of yet, but Allahpundit at HotAir references an affidavit that cites the two crimes allegedly committed.  Again I haven’t seen this for myself as of yet, but I take Allah at his word.

Here are the two statutes cited in the affidavit, incidentally: Sections 1036 and 1362of Title 18. The former, entering federal property under false pretenses, is clear cut, which is probably why the four allegedly already admitted to it. The more serious charge is section 1362:

Whoever willfully or maliciously injures or destroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States, whether constructed or in process of construction, or willfully or maliciously interferes in any way with the working or use of any such line, or system, or willfully or maliciously obstructs, hinders, or delays the transmission of any communication over any such line, or system, or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than ten years, or both.

Until I see more, I am not going to speculate as to his guilt or innocence, but if the story really is as its being reported, I’d say O’Keefe is going to be doing some jail time to say the least.

Russ at That’s Right had this little reminder…

One of the kids is the son of an acting U.S. Attorney in Louisiana:

Flanagan is the son of William J. Flanagan, the acting U.S. attorney for western Louisiana. William Flanagan’s office confirmed his son was among those arrested, but declined further comment.

The plot thickens…

Who’s that guy work for? Attorney General “Let’s try KSM in NYC, let voter intimidation go unpunished and look the other way on all things ACORN” Eric Holder.

Via Right Wing NutHouse

The FBI, alleging a plot to wiretap Democratic Sen. Mary Landrieu’s office in downtown New Orleans, arrested four people Monday, including James O’Keefe, a conservative filmmaker whose undercover videos at ACORN field offices severely damaged the advocacy group’s credibility.

FBI Special Agent Steven Rayes alleges that O’Keefe aided and abetted two others, Joseph Basel and Robert Flanagan, who dressed up as employees of a telephone company and attempted to interfere with the office’s telephone system.

A fourth person, Stan Dai, was accused of aiding and abetting Basel and Flanagan. All four were charged with entering fedral property under false pretenses with the intent of committing a felony.

Via Pajamas Media

O’Keefe is said to have been recording his alleged accomplices’ actions on a cell phone after they entered Landrieu’s offices dressed as telephone repairmen.

Flanagan and Basel were “each dressed in blue denim pants, a blue work shirt, a light green fluorescent vest, a tool belt and a construction-style hard hat when they entered the Hale Boggs Federal Building,” the release said.

After they entered the building, the two men told a staffer in Landrieu’s office they were telephone repairmen, according to the release. They then asked for, and were granted, access to the reception desk’s phone system.

O’Keefe, meanwhile, recorded their actions with a cell phone.

America’s Right

Everything else aside, I will say that credibility is very difficult to earn but extremely easy to lose, and in that O’Keefe should be careful.  While the net gain in terms of exposing corruption in ACORN no doubt outweighed any possible de minimis fines resulting from disregarding wiretapping statutes–in good faith or otherwise–I cannot help but wonder about the cost-benefit tradeoff here.  Only time will tell and, in the meantime, we should remember that there’s a certain strategy to anything and everything O’Keefe and Andrew Breitbart have done — so perhaps patience is warranted.

Left Coast Rebel points out the glaring contrast between the coverage of O’Keefe on this and the other side of the news

I’ll get some things out in the open, clear the air. No one is above the law, not even an ACORN fraud exposing superstar like James O’Keefe. Another thing though is the libtard leftist nutroots excitement over hearing that James O’Keefe was arrested. They simply can’t help themselves. Where were they when the James O’Keefe/Hannah Giles team exposed the institutionalized fraud, lawbreaking and malfeasance in the ACORN organization? Oh, I forgot, they were simply ignoring it. Remember omission is the most simple and effective form of propaganda.

UPDATE:

From time to time we conservative / Right Wing bloggers tend to have some disagreements on issues such as this.  We all typically serve the same cause, but there are buttons that can be pushed with all of us that set us off from time to time.  For me this happens to be one of those moments where I will undoubtedly catch some flack from my brethren on the Right.  In fact, I have just caught said flack from one of my favorite Right Wing patriots Russ over at That’s Right. He thinks I’m being a little tough on O’Keefe.  He thinks this man’s a patriot and should be absolved of his crimes.  I for one think (if this story is true as reported) the kid should be locked up.  He’s not a patriot – he’s a dude trying to make a name for himself with a camera – phone.  I said here I thought he deserved a Pullitzer for his work exposing ACORN, but this is not ACORN – its a US senator.  Corrupt she may be, crooked without question, a sell out to special interest I have no doubt; but she is an elected official of the United States Senate and tapping her phone???  You have to be kidding me to defend this??

As to my reasons for calling for him to go to jail?  We have laws in these United States.  When I rush to judgment, make assumptions, draw conclusions, predetermine guilt, ignore the presumption of innocence for liberal nutjobs on the Left at some point in the very near future… I would like to hold on to at least some credibility and at be able to point to my consistency if nothing else when questioned.  The law is the law my friend.

A Linked Comment from Russ at his site about my take on this fiasco…


Really?

Agree with the Left? Terrorist activity? Come on T, you can’t be serious. Assuming for the moment that the intent was, in fact, to wiretap Mary Landreiu’s phone…you agree with the left that they should throw the book, perhaps involving ten years in jail, at him? Really?

And what terrorist activity? If we’re using the standard definition of “terrorism”-the use of violence and threats to intimidate or coerce-how does wiretapping even remotely qualify? I suppose if he did so with the intent to blackmail or otherwise “coerce” Landrieu into doing something else you may have a plausible extortion/quasi-terrorist issue to reckon with. But the mere act of wiretapping cannot reasonably be considered a “terrorist” act.

Look I know I’m gonna be accused of excusing crime here, but I for one am not willing to throw this kid under the bus 24 hours after his arrest. I’m especially not willing to do so after, let’s face it, the amazing feat he and Hannah accomplished in bringing the widespread criminal practices of that ‘racketeer influenced corrupt organization’ known as ACORN to light.

Ask yourself a completely relevant question: Does a kid merely charged with a crime deserve some slack after almost single-handedly illuminating the myriad criminality, including international sex slave trafficking and political bribery, of a federally funded organization? Now is the time to defend these kids with every moral fiber of our souls. If and when they are convicted of a crime by a jury of their peers, then we can turn around and say they did something stupid and illegal.

I for one really am shocked that the initial reaction in the Conservative blogosphere seems to be a combination of righteous indignation and scolding parent-itis towards these kids, one of whom is responsible for bringing a terminally corrupt organization’s disgusting practices to the light of day.

I don’t want to seem like I’m singling out my man T; the entire blogosphere-the left for obvious reasons and right for not-so-obvious reasons-is sentencing these kids to eternal damnation and I think it’s bullshit.

My Response to Russ…

Look Russ. I said in my post that I am not rushing to judgment over his guilt or innocence at this point. This is America and we are innocent until proven guilty, but I cannot for a moment defend this guy for his actions – even if they had noble intentions. I don’t care if he is a journalist – I don’t even care if he is a damn fine one – Hell I even said that all Americans owe him and Giles a debt of gratitude on my site just months ago (but you will see that even then I said his actions didn’t make him a “Patriot” it made him a good reporter).  That being said, IF what he has reportedly done is true – he deserves to go to jail. What if a hippie ass Left wing organization conned its way into a Republican senators office?  We’d be all over this. We’d be destroying them. My only point is we don’t know at this point… but we have to be consistent. We can’t in two weeks take shots at a Leftist group for behaving in this manner if we will provide O’Keefe cover on this one.

I have to ask you Russ.  Does one good act guarantee a lifetime of free passes for criminal acts?  Does one act provide you permanent cover from the Right?  What a world we would live in if such was the measure of good men.  Do one good deed and live a life above reproach and untouchable by the law?   I cannot for a moment believe that such a vision was shared by our Founding Fathers.

Is he a “terrorist” – hell no he’s not and I think you know for a fact I wasn’t calling him that. My point was that many on our side of the fence are quick to drop labels on such events and I think if this guy or his cohorts had a different last name or a foreign place of birth we’d be painting an entirely different story with this thing right now. Lets just call a duck a duck and in this case lets call stupid stupid – hell lets just call a criminal a criminal.   He broke the law (allegedly) and now he needs to pay the consequences for it. He would have made millions if he would have exposed such a story – which I have no doubt is really there – but let’s call this capitalism and risk / reward at work here. No one knew who the hell this dorky ass kid was a year ago and now he’s famous. He leveraged that celebrity AND that credibility by pulling this stunt and now he will pay the price. Is it ironic – you bet. Is it sad – without a doubt – in a moment of stupidity he has cast a shadow of doubt over he and Hannah’s work that will be distorted in every way imaginable now by the Left and the mainstream media who weeks ago wouldn’t even acknowledge he existed before this.  But the question you have to ask yourself is.. is it criminal? The answer is….. without a doubt – YES. My conclusion – stupid, stupid, stupid… I can’t believe this guy is this stupid.  I pray there is a bigger picture that has yet to present itself.

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12 Responses to James O’Keefe Arrested Tapping Landrieu’s Phone Line? UPDATE

  1. That's Right on January 26, 2010 at 8:36 pm

    BREAKING: FBI Arrests James O’Keefe at Mary Landrieu’s Office…

    Yeh, that James O’Keefe:…

  2. Lynn on January 27, 2010 at 12:04 am

    I was so disappointed when I heard this. I like that you are willing to see the fault in his actions but are still willing to give him the presumption of innocence so rarely given to the criminally accused. I think he is as guilty as he could be but I was reminded by this that this is America. I hope you were not just joking about Hannah. I hope she is not involved in this.

    • T. CHRISTOPHER on January 27, 2010 at 9:05 am

      For starters I was certainly not joking about hoping Hannah Giles was not involved in this. I can’t have my future wife out there getting pinched for a felony. Ha. But yes, I think he and his co-conspirators are likely guilty as charged but I believe in the American system of justice and believe that there will be ample time to discuss his guilt once it is proven.

      • thatsright on January 27, 2010 at 3:55 pm

        YOUR future wife? Oh it’s ON now brother!

  3. thatsright on January 27, 2010 at 2:12 pm

    T, my brother, to a productive discussion…cheers.

    “This is America and we are innocent until proven guilty, but I cannot for a moment defend this guy for his actions – even if they had noble intentions. I don’t care if he is a journalist – I don’t even care if he is a damn fine one – Hell I even said that all Americans owe him and Giles a debt of gratitude on my site just months ago (but you will see that even then I said his actions didn’t make him a “Patriot” it made him a good reporter).”

    And what I’m saying is that because this is America and because the kid is owed a debt of gratitude for his past work on the ACORN thing, he deserves, if not a pass from us, at least public support until such time as he is found guilty by a jury of his peers. I’m not saying his actions deserve a pass by any means. All I’m saying is that the Conservative blogosphere has overwhelmingly already tried and convicted this kid based solely on an affidavit. Personally I think to do so under any circumstances is premature and wrong; in this situation it’s also counterproductive…and still very, very wrong.

    “What if a hippie ass Left wing organization conned its way into a Republican senators office? We’d be all over this. We’d be destroying them. My only point is we don’t know at this point… but we have to be consistent. We can’t in two weeks take shots at a Leftist group for behaving in this manner if we will provide O’Keefe cover on this one.”

    Well, we’ll just agree to disagree here. We sure as hell as could. Their track record for criminality and violence is far lengthier and involved than ours. From Bill Ayers to Dollar Bill Jefferson to eco-terrorism to street vandalism, the Left traffics in violence and intimidation with bombs at the ready. Come back at me with Timothy McVeigh if you must, but just know that nobody I know ever stood up for that nutbag or what he was avowedly trying to accomplish.

    The difference, obviously, is that the Left not only condones their side’s antics, they encourage it. I’ve been there. I’ve seen the pamphlets. I’ve listened to the ‘teach-ins’. And on top of that, have you ever once heard someone in the today’s Democratic leadership unequivocally denounce any of the violence on their side? No.

    James O’Keefe in his ACORN expose’ used wholly lawful means to infiltrate a racketeer influenced corrupt criminal organization. He didn’t blow up ACORN offices. He didin’t destroy ACORN property.

    This time he’s being accused of doing what…? Entering a federal building under false pretenses? In the grand scheme of things and keeping well in mind the good this kid has done in the past…forgive me but I say so what.

    “Does one good act guarantee a lifetime of free passes for criminal acts? Does one act provide you permanent cover from the Right? What a world we would live in if such was the measure of good men. Do one good deed and live a life above reproach and untouchable by the law? I cannot for a moment believe that such a vision was shared by our Founding Fathers.”

    No it doesn’t and I’m not advocating anything like that. His past good acts are irrelevant at trial and mean nothing to his defense. But I’m not talking about the legal system here. I’m saying we should be supporting James. We are not bound by the rules of evidence. And in my opinion, since this is the first time of which I’m aware that the kid’s been in trouble we owe him the benefit of the doubt. He’s earned the right for Conservatives everywhere to stand up and say “We’re with you James”.

    That’s an important point. This isn’t some random kid who tried to pull this off. This kid has earned the benefit of our doubt…or at least he should have. Does his one past good deed provide him cover from the Right for the allegations now being levied against him? In my opinion, absolutely.

    “Is he a “terrorist” – hell no he’s not and I think you know for a fact I wasn’t calling him that. My point was that many on our side of the fence are quick to drop labels on such events and I think if this guy or his cohorts had a different last name or a foreign place of birth we’d be painting an entirely different story with this thing right now. Lets just call a duck a duck and in this case lets call stupid stupid – hell lets just call a criminal a criminal.”

    I know you weren’t calling him a terrorist. I know that. But you did use the word so I had to respond. On the other hand, you can rest assured that had “James O’Keefe from New Jersey” been “Muhammad Abdulla from Syria” I most certainly would have called this a terrorist incident, like I did unequivocally for the act of terror perpetrated by Hasan at Ft. Hood. Context matters. Because of that “last names” and “foreign places of birth” are completely relevant to the story.

    Moreover, I don’t beleive that terrorists are criminals; terrorists are terrorists. This is by no stretch of the imagination a ‘call a duck a duck’ situation. “James O’Keefe” doing what he did and “Muhammad Abdulla” doing the same thing are nonetheless completely different situations. I call it a duck and a wolverine. The first one might quack a lot and kick up some fuss but the second one will bite your face off and eat your dog.

    “Is it sad – without a doubt – in a moment of stupidity he has cast a shadow of doubt over he and Hannah’s work that will be distorted in every way imaginable now by the Left and the mainstream media who weeks ago wouldn’t even acknowledge he existed before this.”

    That’s why it is doubly important for us to counter the lies and spin that, you’re right, are inevitably coming. “First they came for the jews, but I didn’t say anything because I wasn’t a jew…”

    He’s earned our respect and he deserves our support. If not us….who.

    “But the question you have to ask yourself is.. is it criminal? The answer is….. without a doubt – YES. My conclusion – stupid, stupid, stupid… I can’t believe this guy is this stupid. I pray there is a bigger picture that has yet to present itself.”

    Not right now it’s not. Right now there is nothing but an allegation. There are most certainly several principles working at the same time here: respect for the rule of law, ideological consistency, etc. But there are also several other principles at play here such as the presumption of innocence, loyalty and a robust search for truth. Both sets are undoubtedly important, in this situation as in all of life.

    My only question is why has the Conservative blogosphere so completely chosen the former over the latter? What happened to the presumption of innocence? What happened to not leaving a comrade in the trenches to take grenades on his own? What happened to taking a deep breath and wondering just what this kid was up to in light of what he had been up to?

    It’s not fair to James, it’s not fair to Hannah and it’s not fair to the three new kids involved.

    They’ve earned the benefit of the doubt. They deserve our support.

    “Let me remind you that extremism in defense of Liberty is no vice…and moderation in the pursuit of justice is no virtue” ~ Barry Goldwater

    Thanks T. I look forward to your reply.

    Russ

    • T. CHRISTOPHER on January 27, 2010 at 3:57 pm

      I appreciate the comment Russ but I do believe we come from very different places on this issue. I respect what he and Hannah did in regards to ACORN, but I fail to see how it should in any way impact our coverage of this story now. If O’Keefe were in our shoes, would he want us providing him cover if he in fact committed criminal acts? Is that precisely what he was trying to expose at ACORN? Criminal acts being perpetrated by an entity that supported the Left and received its cover accordingly?

      As to the presumption of innocence, I believe I was pretty clear that this was an “alleged” crime and even added that I had not seen the “affidavits.” Yes, this is America and he deserves to be talked about with respect – as ANY American accused of a crime deserves to be. I’m not attempting to “try” this man in the court of public opinion… I am simply covering the story as I would with anyone else that had been accused of a crime.

      As to him being a good kid – I don’t know a damn thing about the guy other than his work with ACORN. I don’t know what he has done or what he is capable of doing, and I’m not about to presume that I do. And frankly, I’m not going to stake my reputation or my credibility with those who come here for political commentary by defending a man that I know nothing about – just because he had done great things in the past. That’s not who I am and that’s not what I am about.

      I believe in consistency. I believe that Republicans can be just as stupid as Democrats when the right situation presents itself. Do we fall harder when we get caught in the act? You bet your ass we do because we run on platforms of principle and more often than not religious virtue and talking points like “family values.” In the instance of O’Keefe, he made a name for himself by exposing criminal acts – you don’t think he has set himself up to fall twice as hard now if he is found to be guilty of this? Does that suck – of course it does. If someone else had committed the same act, they would likely walk away with far less than he will – when that day comes, Republicans and conservatives in the blogosphere should and most certainly will come to his defense. Blind justice has no party affiliation and he should be punished accordingly if found guilty.

      As to the Left’s proclivity for violence and extreme acts of protest, political coercion, etc. of course they have a more checkered past than our side. I don’t see how that in any way helps O’Keefe. Should he benefit from the good behavior of other fine conservatives? I’m just not following that assertion.

      Look the sum of it is this. We know very little about this allegedly criminal act at this point. As I said in the post, there may be a bigger picture here that we are not seeing as of yet. Once we are privy to the “big reveal” we may all see this in a different light. That being said, I am reluctant to assume so much. I have no doubt that he had good intentions – or at least I hope he did, but he was allegedly tapping a US senator’s phone. That is wrong on so many levels that even without the criminality of the act weighing in I fail to see how I will EVER come around to find myself defending him. I think Landrieu and many of her cohorts in the Senate are just a step or two away from being the most lowly creatures on this planet, but I respect the offices they hold. Even past that, I respect the sensitive information that passes through their offices, and I cannot and will not condone behavior that puts a national interest large or small in peril.

      You keep dropping the Goldwater reference on me and its not completely lost on me, but I have to believe that men of Goldwater’s generation would have had a different name for this. I do believe they would have called this espionage and tried him accordingly. Just as we all should be cautious not to presume guilt in this case, I think you should exercise a degree of caution in assuming his intentions were in defense of liberty. They may have been noble, but do you want to be standing on that side defending him if they were not?

      • thatsright on January 27, 2010 at 5:15 pm

        Fair enough brother. At the end of the day, it just seems I’m more willing to give him the benefit of the doubt at the expense of other principles than you are. I certainly can accept that. I just think the kid needs as much support from our side as he can get.

        How ’bout this: If it turns out that he is in fact convicted of a crime, Woodford Reserve on me. If not, and if it turns out that there’s a scandal here as big or bigger than ACORN, bottle’s on you.

        Deal?

        Russ

        • T. CHRISTOPHER on January 27, 2010 at 5:48 pm

          Ha that sounds like a good deal. Woodford is the universal peace maker – at least until you hit the bottom half of the bottle. Question though. What happens if he committed a crime and still reveals a scandal? Do we both just booze it up on our own dimes laugh it up and pour one out for O’Keefe as he’s doing his hard time awaiting his Pulitzer that will never come?

          • thatsright on January 27, 2010 at 6:03 pm

            You read my mind. I’d only add that we have to live drunkblog about it.

  4. James O'Keefe is a Tool | REPUBLICAN REDEFINED on October 2, 2010 at 11:16 am

    [...] it to be.  Then, in late January of this year, O’Keefe was arrested pulling a “prank” at the Louisiana office of Senator Marie Landrieu where he was accused of attempting to [...]

  5. Alisa Colley on January 8, 2011 at 5:05 pm

    After I originally commented I clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the identical comment. Is there any manner you may remove me from that service? Thanks!

    • T. CHRISTOPHER on January 8, 2011 at 5:14 pm

      Sorry for the inconvenience. You should be removed now. Deeply regretful for the trouble it may have caused you.



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