Filmmaker Who Targeted ACORN Arrested in Alleged Senate Phone Scheme

Fox News ^ | 01/25/10

[BuckeyeTexan]

Have you read the FBI affidavit? Flanagan and Basel physically and verbally represented themselves as telephone company employees. They manipulated the phone to which they were given access by taking apart the handset piece. Then they said they needed access to the main phone system closet to do some repair work.

They were referred to the main GSA office on the same floor. There again they verbally represented themselves as telephone system repairmen and asked for access to the closet. When asked for I’d to verify their status, they claimed to have left their IDs in their vehicle.

There is no getting around the facts in this case, at least where Flanagan and Basel are concerned.

[Postman]

“...we can’t and shouldn’t defend it.”

Speak for yourself. I will wait until the complete story - not just the accusations - comes out in court.

[CaribouCrossing]

“Apparently, since they were all busted, the building was secure.

Stupid does not do justice as a word to describe this idiotic plot... whatever it was. They only thing they accomplished is that they are going to be doing some hard time in Federal Prison. Maybe they can report on the security vulnerabilities of the Federal Prison system.”

Yes, apparently the building was secure. But they didn’t know that. I’m sure disappointed in them. They’ll probably receive more time than terrorists in Obama World.

[sig226]

I can only think of one reason why O’Keefe would record the exchange between the office worker and the phony telephone repairmen. It would be to prove that the claims made in the affidavit were not true. That video will be very interesting.

[aruanan]

They’ll probably receive more time than terrorists in Obama World.

Well, sure. That's because the terrorists and Obama share the same goals regarding the position of the U.S. in the world.

[Thunder90]

But remember, you are dealing with Holder’s Justice department. They are probably looking at RICO as a possible way to force Okeefe to plead guilty to the lesser charges (and to force him to plead guilty in Maryland).

[Oceander]

Hmm. What regulations, precisely, have you been drafting? I will grant that a well-designed, well-drafted regulation is a joy to all; however, a substantial number fall well short of those goals (and that's federal, for the sake of sanity, shall we set state and local regs aside for the time being?). If you'd like, sometime, we can take a stroll through 26 CFR and see what we can see. There are, to be sure, many regs in 26 CFR that are a joy to behold - not least because many were too well-designed by half, and effectively hoist the IRS on its own petard. But there are also many, many regulations that fall well short in that regard, although a certain mindset will still find something pleasant to behold, even there.

[blake6900]

...it's another thing entirely to actively misrepresent yourself in order to gain admittance to a federal office in order to tap the phones therein.

You're jumping to conclusions. The FBI affidavit doesn't say O'Keefe misrepresented himself at any time. He simply told "witness 1", an office staffer, he was waiting for someone to arrive. He did not claim to be a phone company employee.

Also in the affidavit is this: "O'KEEFE and DAI have also admitted to federal agents that worked with FLANAGAN and BASEL in the planning, coordination and preparation of the operation." It seems obvious that the word "they" is missing in this sentence, probably just a typo. However, there is nothing in the affidavit that says any of the suspects admitted as to what the actual "operation" was.

Don't go off the deep end. There's way more to this story than we know right now and my guess is it ain't bad for us.

[The Shrew]

Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $250,000 and/or sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of “racketeering activity.” RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages.

Awesome. Link please?

Thanks,

TS

[BuckeyeTexan]

RICO cases are very hard to prove. They take a lot of time, money, and carefully orchestrated investigation. RICO is usually reserved for big fish. I, too, doubt that O’Keefe is facing RICO indictments.

According to the FBI affidavit, O’Keefe is really only guilty of helping plan the operation - whatever it turns out to be. It was still a dumb thing to do IMHO.

[Oceander]

In a rational world, you would be correct. In this world, I am afraid that this little stunt - even if they are innocent as the driven snow is pure - will simply overshadow the ACORN tapes and obscure them, which means that they are as good as useless.

[gibtx2]

http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act

[The Shrew]

Awesome! Thank you!

Regards,

TS

[blake6900]

I’m all for connecting the dots but, with all due respect, you’re connecting dots that simply aren’t there. You should get off the “if this then that” train and wait for more real information before rushing to an James O’Keefe RICO conviction. You simply have no basis in fact for that right now.

[blake6900]

They manipulated the phone to which they were given access by taking apart the handset piece.

That's simply not true. The affidavit says Basel manipulated the handset of the phone but is does not say the handset--or any part of the phone--was taken apart. "Manipulating" can mean other things besides dismantling.

[blake6900]

I can only think of one reason why O’Keefe would record the exchange between the office worker and the phony telephone repairmen. It would be to prove that the claims made in the affidavit were not true. That video will be very interesting.

WE HAVE A WINNER! I think you hit it right on the head. The affidavit doesn't claim that the phone handset was taken apart by Basel but my guess is the prosecutor will. And that's why O'Keefe was there.

[blake6900]

This, from the affidavit: Witness 1 further stated that when FLANAGAN and BASEL entered the office, O'KEEFE positioned his cellular phone in his hand so as to record FLANAGAN and BASEL."

So why did O'Keefe record what happened in the office when Flanagan and Basel walked in? Remember, O'Keefe had already told Witness 1 he was "waiting for someone to arrive". We know "this" was planned. We don't know what "this" was...but we're gonna find out.

[Karliner]

Crap, sounds like this guy tried to pull a watergate. Dumb if true, federal offense. If true What the Tango Foxtrot were they thinking? It’s stupid. granted the ho bait got away with $300,000,000.00 but...a senator?

[fantom]

If a politicians kid is involved he will skate . Witness for the da . Sounds like boy wonder walked into a big one .

[BuckeyeTexan]

Yes, you’re absolutely correct. It doesn’t say they took apart the handset. My bad.