The recent statement published on Big Government by James O’Keefe and the existence of videotape showing the full project intended for Senator Landrieu’s office should put an end to the irresponsible chatter about Watergate Jr. or any other slanderous attacks of wiretapping by the “objective journalists” of the mainstream media.
We’re not naïve enough to believe the attacks will stop, but there is something to be said about holding your fire until you have some clue about what’s going on. The Washington Post and other outlets have been forced to walk back their outrageous statements of wiretapping and apologize for their accusations of seeking to destroy a phone system of the federal government. As amusing as it’s been to see O’Keefe’s antics demonstrate media bias, there is the concern about an obscure portion of the United States Code about misrepresenting yourself to gain access to a federal facility.
According to O’Keefe, videotape of the event will fully exonerate him. If we take that at face value, then all that is left is the charge of misrepresentation to gain access to a federal office. This may be the cause of some squirming by the four young men, because the federal government and
its officers do not like to be trifled with, and the ability to bring punishment to US citizens for minor offenses isn’t limited to smoking a joint without the benefit of having a judge as a blood relative.
The relevant portion is 18USC 1036 , which states:
Whoever, by any fraud or false pretense, enters or attempts to enter–
(1) any real property belonging in whole or in part to, or leased by, the
United States;shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of this section is–
(1) a fine under this title or imprisonment for not more than 10 years, or
both, if the offense is committed with the intent to commit a felony; or
(2) a fine under this title or imprisonment for not more than 6 months, or
both, in any other case.
As the story leaks out about the real purpose behind the sting, expect media pundits and leftwing bloggers to begin harping about entering the building under false pretenses and demanding the full range of punishment. As you can see, that’s 6 month imprisonment and a fine as the maximum, which is still serious, but not a felony.
It is still instructive to look at other examples of entering official government buildings under false pretenses, especially when the perpetrators are none other than the fine staff members of ACORN (you just knew there was going to be an ACORN link, didn’t you?). Considering the media tour Bertha Lewis embarked on to claim O’Keefe’s arrest “is further evidence of his
disregard for the law in pursuit of his extremist agenda,” we can take a look at the kind of secret undercover investigation of which Bertha Lewis does approve.
In ACORN vs. Deborah Scott, a lawsuit brought by ACORN and its allies against the Missouri Department of Social Services, an undercover member of ACORN went into state offices posing as a poor woman seeking welfare.
ACORN refers to this action as “secret shopper,” and uses it to bolster their case accusing the DSS of not providing voter registrations low-income citizens.
During the Week of May 7, 2007, Nyana Miller a staff member of
ACORN, conducted DSS offices surveys in St Louis City, St. Louis County,
Jackson County, and Clay County to determine whether they were providing
voter registration services as required by the NVRA. Miller conducted
“secret shopper” office visits to determine the availability of voter
registration services, signs, and the readiness of the staff to offer voter
registration services. She also surveyed DSS clients leaving DSS offices to
determine whether the client was offered voter registration services during
his or her visit. When Miller visited offices, she identified herself as a
person interested in applying for food stamps and tool contemporaneous
notes.
One wonders if there are any relevant Missouri fraud statutes about using false pretenses to apply for state aid. Miller conducted “secret shopper” office visits, where she identified herself as someone interested in applying for food stamps. UNDER FALSE PRETENSES! Shocking. This show of flagrant disregard for honesty doesn’t seem to be addressed in the rest of the court documents, but certainly we can agree that when it suits their purposes, ACORN has no problem lying to government officials to gather evidence. They like it so much they use the information gathered in court documents that would eventually bring them almost half a millon dollars in lawyer’s fees.
Perhaps we should start calling the escapades of James and his friends as “secret shopping” office visits. It sounds so much nicer than “attempted wiretapping,” or “felonious misrepresentation with intention to tamper.”
Whatever you call it, the double standard is exposed. In coming weeks, I expect to see O’Keefe exonerated with a slap on the wrist, but the public will remember only the accusations of wiretapping. So congratulations, media. You can unfurl that banner that says: Mission Accomplished.