Did James O’Keefe Commit a Crime?
So, asks J.P. Freire, in a must-read piece (for those following the O’Keefe kerfuffle) on the Washington Examiner:
While it certainly invites criticism to enter a federal building supposedly “under false pretenses,” putting on a particular kind of outfit and enter a federal property that is open to the public is not itself a crime (especially if you provide all identification asked of you and don’t lie to security). And is misrepresenting onesself to a Senate staffer really a crime? Picking up a phone (which is federal property) with permission given based on false pretenses might be a problem, but if no harm was done or intended to the equipment, this also seems unlikely to be prosecuted.
Freire cites several statutes which help exculpate the young investigative journalist. And has some questions for O’Keefe:
Why were four people necessary to pull this stunt off? Did O’Keefe and his colleagues misrepresent themselves to security staff of a federal building? Is it illegal to use federal property, a telephone in this instance, under false pretenses? (If it were a computer and O’Keefe were viewing material, that would be one thing. But merely looking at a phone?)
This case is far from closed.
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Here’s the problem (from the Hot Air Link)…
US Criminal Code, Title 18, Secion 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.
That’s called deep excrement.
Bill Mitchell
January 26th, 2010 | 4:54 pm | #36
http://gatewaypundit.firstthings.com/2010/01/james-okeefe-arrested-in-new-orleans-phone-scheme/
Comment by rusty — January 29, 2010 @ 5:48 pm - January 29, 2010
I’ve always been one for checking things out, so Dan when you posted this and that about O’Keefe I decided to check out what BrietbartTV was posting as well. I gotta tell ya, with a lil snooping around on there I found links to Salon and The Huffington Post http://bigjournalism.com/ and how they had both posted a story by Robert Reich stating, In December of 1994, Fox News along with Newt Gingrich were leading the charge against the Clinton administration…….. Only problem is, as we all know here, Foxnews started broadcasting for the 1st time on October 7, 1996…too bad I couldn’t be in the offices of Joan Walsh and Arriana “the DP” Huffington respectively when they realized their screw ups…… Just imagine the 2 of them saying WTF in unison if you want a good laugh.
Comment by Spartann — January 29, 2010 @ 10:11 pm - January 29, 2010
Sounds like trouble for Landrieu’s office.
Comment by ThatGayConservative — January 30, 2010 @ 1:00 am - January 30, 2010
What happened to conservatives principles? In the Tiller trial where Conservative groups were justifying murder with the same logic that Muslim Terrorists use to justify terrorism, and now you parse the law and “ask questions” in the hope of deflecting on the bad behavior of the moonbat right. He got caught. Deal with it. He is not an angel and is not pure. Who cares? He did the crime, now do the time.
No wonder I stopped coming here. On the day Obama goes and debates repub ideas all you can do is martyrize the radical right wing equivalent to Michael Moore.
Comment by gillie — January 30, 2010 @ 9:38 am - January 30, 2010
I do not doubt you, gillie, I just do not know what the crime he committed is and when he was found guilty.
I do not doubt you, gillie, I just do not know who the “Conservative groups” were and how they “justified” murder.
I await your informative links. Hopefully, they will not be to other commenters making the same comments. I am thinking of something that would hold up in court. Thanks for bringing all this to our attention. It helps all of us to be fair and balances and unafraid.
Waiting patiently for your evidence, I am,
Your humble servant,
Heliotrope
Comment by heliotrope — January 30, 2010 @ 11:26 am - January 30, 2010
A two second search shows the moral support Operation Rescue gave him.
If I wanted to do much more I could, but I am not a jr high teacher
http://blogs.kansascity.com/crime_scene/2010/01/scott-roeders-supporters.html
good luck living your lie
Comment by gillie — January 30, 2010 @ 5:55 pm - January 30, 2010
Oh, giving a fair trial equals justifying murder ……….
Thanks gillie, you may now go back to fending off attack butterflies. (Funny how they seem to show up when you have a straw in your nostril.)
A wasted brain is a terrible thing to mind.
Comment by heliotrope — January 30, 2010 @ 8:58 pm - January 30, 2010