Saturday, April 03, 2010

Unreleased raw ACORN footage obtained from Rightwing activists O'Keefe and Giles in exchange for immunity from prosecution

BRADBLOG

Echoing the recent report of the Kings County, NY, District Attorney who completed a five-month probe finding "no criminality" seen in video tapes secretly taken of low-level ACORN and ACORN Housing workers last year in New York, California's Attorney General has now reached a similar conclusion regarding videos recorded in three different cities in the Golden State last Summer, according to a report released today which finds the workers "committed no violation of criminal law."

While describing "highly inappropriate behavior" by some of the workers caught on secret video tapes made by Rightwing activists, CA AG Jerry Brown's report finds that "the evidence does not show that the ACORN employees in California violated state criminal laws in connection with their conversations" with activists posing as a prostitute and her boyfriend.

In a press release announcing his 28-page report [PDF] (and accompanying 55 pages of attachments and exhibits [PDF] with it), the AG's office says the publicly released videos taken in Los Angeles, San Diego and San Bernardino were "severely edited."

Brown's statement in the announcement is highly critical of Rightwing activists James O'Keefe III and Hannah Giles, who posed as a prostitute and her law school boyfriend in the videos posted on Rightwing media mogul Andrew Breitbart's "Big Government" website last year and played extensively on Fox News, as well as other non-partisan media outlets.

"The evidence illustrates that things are not always as partisan zealots portray them through highly selective editing of reality," says Brown in the statement. "Sometimes a fuller truth is found on the cutting room floor."

His report notes that the office's "investigation has involved attorneys from all three legal divisions – Criminal Law, Public Rights, and Civil Law – as well as Special Agents from the Department’s Bureau of Investigation and Intelligence" and included a review of "the unedited recordings made by O’Keefe and Giles."

In exchange for "immunity from prosecution," O'Keefe and Giles provided "the full, unedited videotapes" to Brown's office who, therefore, "did not determine if they violated California's Invasion of Privacy Act" when secretly recording the ACORN workers. Those workers, he notes in his report, may still "be able to bring a private suit against O'Keefe and Giles for recording a confidential conversation without consent."

O'Keefe, Giles, and Breitbart have previously refused to release the unedited footage of their videos publicly. Brown's report details why they likely did not wish to, as important, often exculpatory details from each encounter were not included in the edited versions, released to much partisan fanfare last year.

The unedited California videos have now been posted on the CA Attorney General's website. (They are also linked at the end of this article.) The press release also notes that the AG has unedited tapes from other cities outside of California as well. The BRAD BLOG has made a request for those videos from the office of the Attorney General.................................

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