Possible O’Keefe Explanation: He Was an ACORN ‘Secret Shopper’
by Capitol ConfidentialThe 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.






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454 Comments
Here come the prison rape jokes…
:/
If it's good enough for ACORN, it should be good enough for O'Keefe…If ACORN can get away with IMPERSONATING someone to try to get welfare and food stamps..is that any different that what O'Keefe did? It is my understanding that the Department of Social Services is a government building…I'm just saying!
How many Bubbas does it take to screw in a light bulb in a maximum security prison?
The Progressives is a "do as I say, not as I do" group where the ends justify THEIR means. Funny how they hate it when other groups use their own tactics against them & how Conservatives are held to a much higher standard. So much for open mindedness & equality.
All you can expect from any leftest/Marxist are lies and double standards.
I see it every day so I am, again, not really surprised.
Yes, you are just saying…. nothing
Yes what O'Keefe did was wrong (with a small w)
However, One incident (ACORN'S) involves our tax dollars… the other (O"KEEFE'S) does not.
great job reporting the hypocrisy.
unfortuantely only one side sees a problem with it.
The other side wants to treat foreign terrorists like Americans,
it is almost as if they are on their side.
Maybe if they would have worn saris instead of tool belts.
I does appear that “Watergate Jr.” is falling apart quickly. What’s a moonbat to do?
I am afraid the bottom line from this article is 100% correct.
If O'keefe gets off lightly, as well he should, the left is going to use this incident in the future.
Based on the original perception that he was wiretapping, I can see justifying a transgression on the part of the left by claiming O'Keefe getting off lightly for having committed a "felony" back in January of 2010.
"Mission Accomplished"
Not much to see here folks, move along………..
Brilliant!
I knew that there had to be more to this story. O'keefe sacrifices himself to bring to light not only ACORN's use of the same tactics in the past but also the bias and double standard of the lefty media calling for his head. Funny how we never heard of ACORN's shannigans in the past.
That section would apply to most of the Congress as they are frauds and claim to represent us under false pretenses. Plus, our tax dollars pay for the buildings where their offices are.
I really appreciate that the "wait for the facts" stance of the BIG sites proved to be the right call. It's a shame that so many MSM outlets have totally renounced such basic journalistic standards and have joined the ranks of the tabloids with their shoddy reporting.
Most Muslims ae not terrorists but most terrorists are Muslims.
(Moderate Muslims have yet to police their own.)
Most Democrats are not Progressives but most Progressives are Democrats.
(Moderate Democrats have yet to police their own.)
"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
Secret Shopper for the Republic! That is really illegal. But secret shopper for the lying, cheating, tax money thieving "community organization" is condoned…
Welcome to fantasy island where all your corrupt banana republic fantasies come true!!
A slap on the wrist would damn him with faint punishment. Right now he's a martyr.
We interupt your frothing session for a few commonsensical questions:
Let's see…O'Keefe taped visits to ACORN offices, took selections from his tapes, added new voiceovers to change what he said to ACORN staff, spliced in new footage (including himself in the pimp outfit he didn't wear to the office), and refuses to release the original tapes (wonder why he won't do that, hmm?)…
Oh yeah, that's a martyr for truth, you betcha.
Your regularly scheduled frothing will now resume.
One: they're in isolation.
Bertha Lewis ~ slapped down AGAIN.
See? I was going to say:
"DON'T PICK UP THE SOAP WHERE THEY WILL BE SENDING YOU O'KEEFE!"
[/troll voice]
Keep deluding yourself, Lou.
Do you think ACORN is a corrupt organization or not? Yes or No?
No one ever said ACORN was bipartisan or fair. The tea party certainly isn't bipartisan… and they are not fair.
Why should ACORN have to change their core? You aren't changing yours, and you are the same kind of person on the other side of the political spectrum.
[...] [...]
A year or two in prison will help pimpdaddy here reflect on the errors of his ways. Perhaps then he will find redemption and go on to lead an honorable life.
Ralph… You don't even know why OKeefe was there do you?
You forgot the "prison rape" screed…shame on you…!!
The only people that have accused the recordings of being "doctored" is the progressive left…
No one else…the right…the pundits…even the MSM haven't tried to venture out on that extremely thin branch…but the statist lib blog trolls leap enthusiastically where reasoned people and angels wouldn't dare to tread…
The "snap" you hear marks your decent to the pavement far below… at 32 ft. per second/per second…
Have a LONG trip…followed by a sudden stop…
These kids are very smart.We need more young adults like this to get involved in what big gov ,politicians the progressive left.& tax funded programs(acorn) are doing.The young are our future strength if we want freedom .Go out & tell our kids whats going on & get involved.
I agree with you completely. Irony is lost on the Progressives generally, and this Administration, specifically.
I refer you to the song, "I Like Dreamin'…" by Kenny Nolan…
"O'Keefe taped visits to ACORN offices, took selections from his tapes, added new voiceovers to change what he said to ACORN staff, spliced in new footage (including himself in the pimp outfit he didn't wear to the office), and refuses to release the original tapes (wonder why he won't do that, hmm?)…"
You realize that every single claim you make is utter bullshit, fabrications by the denialist Left?
Either you're a dupe or a liar. In either case you're a useless troll, trying lamely to defend the scumbag ACORN criminal racket.
Reading comprehension isn't your strong suit, is it, ACORN ho?
The right honestly believes that anyone who claims to be conservative should be immune to any form of prosecution for any crime. That's the reason these guys need to be prosecuted. The Tea Party crowd is violent enough already, and giving them a green light for unlimited thug tactics would be disastrous. We should only be lenient if one of these guys starts to sing. They would have to go into witness protection afterwards, given the rage it would provoke in the Tea Partiers.
Remember, the two parties are not alike. Let's look at extramarital affairs. Edwards and Spitzer are dead politically. No Democrat would ever vote for them again. How are the Republicans treating Sen. Sanford, Craig and VItter? By circling the wagons and getting them reelected. Champion cheaters McCain, Rudy and Newt are still Republican heroes. Cry a few crocodile tears, say you found Jesus, rail about the liberal conspiracy, and Republican voters will excuse any crime. I mean, look at this thread.
' 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."
Outrageous? Guys pretending they are phone company repair people and have a van outside with listening equipment? From guys who would love to hear and publish what their political enemy is saying in what they think are private conversations? The simplest explanation is wiretapping. The story told by O'Keefe seems far more implausible than wiretapping, and could be more easily characterized as "outrageous" than the suggestion of wiretapping.
I can't wait for the movie. If their entry in the building is anything like the Keystone Kops of the TSA it should be hilarious.
Maybe they planted some white powder in a tool bag "just to see the look on his face."
Or maybe they keep track of the "pickle smokers" they screen on a board in the break room.
Federal security is no laughing matter…unless you're a union-protected government guard.
AS A PUBLIC OFFICE, I WOULD DEMAND THAT THE PUBLIC HAS THE RIGHT TO VIEW ALL PUBLIC OFFICE TRANSACTIONS ON WEBCAM ON A PUBLIC SITE…….. IT IS WE THE PEOPLE THEY REPRESENT, WE THE PEOPLE HAVE THE RIGHTS, THEY SHOULD DECLOSE ALL TRANSACTIONS IN PUBLIC OFFICES AT OUR REQUEST…… WEB CAMERAS IN ALL PUBLIC BUILDINGS THE PEOPLE HAVE THE RIGHT TO SEE WHATS GOING ON WITH OUR EMPLOYEES…….
Mik we expect better from you? I guess child prostitution is cool with you?
"have a van outside with listening equipment?"
The "listening equipment" turns out to be a cellphone. But then the Left will never let the facts get in the way of their slavering attempts to destroy anyone who crosses their beloved ACORN mafiosi.
ACORN has nothing to do with child prostitution. If they did it would be in all the papers… it's not.
Consrevatives are heald to a much higher standard than democrats and progressives for one simple reason. Republicans assert that they are decent honorable people. Democrats and progressive make no assertions so they aren't to be held to that standard.
I prefer to assiciate with decent honorable people.
You think because I don't believe this right wing troll that I have misunderstood him? Hardly.
Nice fantasy there, Mjolnir: speaks well of your upbringing.
But if the report by former attorney general Harshbarger is a "thin branch," why doesn't O'Keefe release his original tapes and prove it?
What is he hiding?
Dude, Kennedy (all three), Clinton, Mel Reynolds (pardoned by Clinton). Seriously, they are ALL the same. I am sure there are many more, but those come to mind immediately.
Every single claim? You mean O'Keefe WILL release his original tapes? That's great!
When it all comes out in court (which it will, since O'Keefe is being sued for his fabrications), then what will you say?
Oh, right, you'll be busy elsewhere.
"…be in all the papers…"
The fact that it wasn't in all the papers, gives this picture of ACORN a lot of credibility.
No.
Do you think O'Keefe should release his original, unedited tapes?
Yes or no?
Ah, still trying to create red herrings and straw men to excuse the dishonorable actions of O'Keefe et al. I need some more popcorn.
So you think your kids should break the law, too?
Once they're convicted felons, should they be able to vote?
You don't think cellphones are listening devices? You don't think digital central phone banks can divert input to cellphones? You know, they don't have to put cute little bugs in your phone anymore–everything is computerized.
I can call my home answering machine and listen to what's going on with my cellphone.
But "slavering attempts"–I like that.
Vivid. Punchy.
Kinda like, "Guilty! 6 months!"
"A friend in need is a friend indeed". Your real friends will reveal themselves when you need their support most.
Sometimes the tip of the spear is blunted through use. However, with proper support it can be honed once again to its fine edge. And although the original intent of your story may not have happened the way you invisioned, the example of media bias is once again on display. Keep up the good work James.
He was there with the intent to commit a felony. If you are in favor of people committing felonies, then by all means continue your unquestioning support of these clowns.
Go back to school. Try and stay awake this time, tool.
Unlike the Executive Branch the Legislative Branch does not consider their offices to be Federal. If you try to access an Executive Branch office you are not allowed to proceed unless you are: 1) a building employee with an ID card; or 2) your are escorted by someone from the office you intend to visit. If you go to the office of a Member of Congress, you merely walk through a security screening that checks for weapons, etc. By holding themselves out in this way, the Members of Congress have been able to say that their offices are the "people's offices", and, as an additional benefit, they've been able to hold themselves above laws that they have enacted, such as smoking in federal buildings.
I haven't read anywhere that O'Keefe's group bluffed their way through security, so I doubt that a Federal offense was committed. I'm sure that this will end being just another nuisance issue, as other Member of Congress offices deal with from time to time when unwanted/unwelcome visitors show up to create a disturbance.
You are absolutely right!
This charge of misrepresentation to gain access to a federal office makes me so angry. Does the public own those offices or not? You should be able to enter any Federal Office just because you are a citizen.
How did "they" know what was on O'Keefe's mind? This whole thing burns me up.
Your right flap but I dont want to see him locked up he's a national treasure
After READING the article apply Obama's name to the charges of entering a Government building under fraudulent or false pretenses, that may be a possible future avenue of possibilities….(lol. because of how truly absurd this really is considering he hasn't shown proof of birth cert. yet !)
If the media you cite were truly as left-wing as this site is right-wing, they would be accusing O'Keefe of planning to intercept phone calls from a senator's office so that they could then sell state secrets to terrorists. The truth is, we do not know what O'Keefe was up to, but what we do know is that he and his compatriots will freely lie. So while he offers an explanation now which doesn't make a whole lot of sense (what exactly were they trying to accomplish again? that the phones in the office were working a month after someone complained they couldn't get through?), such an explanation should be viewed with the same skepticism as Landrieu's office staff viewed O'Keefe and Co's claim of being telephone company repairmen, and the skepticism that ACORN staff should have viewed O'Keefe when he said he was a pimp who wanted housing advice. The man in not a purveyor of truth.
HA, HA, O'Keefe may be on to what actually could bring Obama down, someone needs to look into this as well as the many people suing him for his citizenship.
Are we sure there were false pretenses? Okeefe said he was waiting for someone (he was) Two guys come in dressed in work clothes and say they have heard complaints about phones not working (they had) and ask if they can check phones (permission granted). In this, the simplist of scenarios there is no false pretext. One can not be held accountable for what authority or credentials one projects on you. Once again let us wait and see. GIVE NO GROUND UNTIL YOU ARE OVERRUN.
When you make claims as outrageous as child prostitution on the word of a right with political operative like O'Keefe, you had better be able to back it up.
If there is anything to it let's see the evidence. Show me the government affidavits. Show me the indictments. Show me anything that wasn't cut and pasted from some right wing blog.
This is standard MO of the the right wing. Make unsubstantiated accusations on a blog, repeat them on talk radio, and then have Glenn Beck drive it home. Doesn't matter if it is true or not. All you care about are the results.
Good thinking! Please join up on his lawyer team.
Definition needed:
O'Keefe's statement says Landrieu stated her office phones have been "jammed for weeks." I read that to mean that a lot of people were calling so not everyone can get through, not that the phones are not working.
O'Keefe's explanation does not make a lot of sense.
Give up troll
Nonetheless, never should one case of bad behavior be justified by a previous bad behavior. Although, this is the normal Progressive Democrat rationalization of everything. BUSH BUSH BUSH! Eight Years! Yada Yada.
A-CON is simply that ……. A CON!
How do you think he got a U.S. passport without showing a birth certificate or naturalization papers? It just doesn't happen. He was born in Hawaii and has already proved it.
See what? That you're the only one talking about prison rape here?
Simple.
Minded.
Rush Limbaugh has admitted to accepting government money while out of work. If I had to guess, I'd say that about thirty percent of the folks receiving government assistance are Republicans and their families, since roughly a third of the population are registered in the party.
You have no proof of anything you say… it's all nonsense, just like your claim that Republicans don't use public assistance.
Well isn't that rich!!!
"an undercover member of ACORN went into state offices posing as a poor woman seeking welfare."
Turns out ACORN taught the lad everything he knows and they approve of the tactics wholeheartedly.
All that astro trolling wasted trying to smear the guy.
GIVE UP TROLLS WE SMELL YOUR STANK FOR WHAT IT IS
And show us O'Keefe's original tapes.
If I had video tape showing Mr. Beck eating a live chicken and released excerpts from it, and he called me a liar, I'd sure release that original tape!
O'Keefe won't.
Pimpdaddy attacks ACORN because there is no threat. If he were truly worried about child prostitution he would take his cameras after organized crime. But they would just kill him and he's not interested in taking any physical risks. Just in making lame political accusations… like everyone else on this list.
Never, wingnut.
Isn't this a riot?!
And release the original ACORN tapes, James.
You are fantasizing.
It was a federal building occupied by a senator–as well as the FBI and others. All three branches of the national government–executive, judicial, and legislative–occupy federal offices.
Foul ball! Try again.
I can look at Obama's birth certificate on-line.
Can you link me to O'Keefe's original ACORN tapes?
No? Huh.
There are no active suits involving Obama's citizenship.
They've all been thrown out as frivolous, and the filers have been warned against repeat silliness.
He was going after organized crime with the queen of the Louisiana Purchase, not the good one, Mary Landrieu.
No, I think what you smell is O'Keefe burning his original ACORN tapes.
Ayatollah, ACORN says they are bipartisan and fair – or why would they fight and sue and discredit at every turn to keep their tax dollars flowing in??? The spokesman for ACORN admitted – or rather could not come up with – one single instance of their support of any Republican cause on Glen Beck's show some 9 to 10 months ago. Furthermore, it is against the law for a 501c to use tax dollars for any PARTISAN effort – like vote scamming for the Democrats. The Tea Party has NO tax dollars flowing. The Tea Party does not wish for a second that ACORN would change their core. Instead, we simply want them to go away and save our country many millions of dollars and headaches.
But I have to know – what is it about the Tea Party that is not FAIR to you? Could it be that we are trying like hell to stop our tax dollars from flowing to you?
And just like Tea Party folks who want the government to keep its hands off their government-funded Medicare.
While conservatives in general want to eliminate it altogether.
ACORN helps register anyone who wants to register to vote–they've helped register Republicans, Democrats, and Independents.
The right hates ACORN because the bigger the turnout, the worse for them–because they're a minority.
From the photos I've seen, most Tea Party folks are receiving Social Security and/or Medicare and/or unemployment (since they don't seem to have to go to work).
What is unfair about the Tea Party? The attempt to steer our nation's course with lies and hate.
LOL. It is honorable to expose corruption. However; I guess it's probably not exposing anything when dealing with Democrats. ALL Democrats are corrupt. It's just the way it is. I have never met a Democrat that I could say is trustworthy or upstanding in anyway. They all lie and for the most part are lazy. Plus that line thought is so ignorant they usually are 25 – 30 points below the stand IQ curve. Just think about where dems draw their support from … The majority of high school drop outs are Dems, the majority of criminals are Dems, the majority of drug users are Dems etc etc etc… Dems draw their support basically from the scum of earth. I would be embarrassed if I were you. LOL Just the facts Jack!
Me, too! I mean, the way the BIG sites held off on the ACORN story and reserved judgment was just awesome!
What?
Oh.
Uh, because his compadres asked for access first to the senator's phones and then to the federal building's phone room, and O'Keefe admitted to federal agents that he planned the attempt?
You're right that he had every right to enter–but not about anything else.
Whew! That must have felt really good! Hawwk…spit!
Heh…"the stand IQ curve"…priceless.
Unfortunately, the blue states outrank the red states in education and income–Democrats subsidize the Republican states.
But don't feel bad–red states are way ahead in teenage pregnancies, divorces, and domestic violence.
If you really believe any of the garbage you lefty loons squawk about, I mean REALLY believe it and are not just saying it because you are getting paid to while living in mommies house, then you are a disease.
You are truly a disease for which there is only one cure.
ACORN is CORRUPT
OBAMA is CORRUPT
SEIU is CORRUPT
AND THE DNC IS A CRIMINAL ORGANIZATION.
you are a DISEASE.
The leftist swine started that on day 1.
He's such a brave little boy!
If Landrieu did that every year, she'd catch up with Palin's earmarks in about ten years.
That's just political hyperbole… nonsense that can't be taken seriously. You don't know how politics or organized crime operates in this country. The criminals love guys like you who marginalize their criminal activities with comparisons to U.S. senators.
Try voting a crime boss out of office.
And we hear from another delusional troll whose head is stuck up the Anointed Ones ass
You said it! Same here.
First things first;
my email says that Mikatollah Ayatollah responded to my post.
Lou is Mikatollah Ayatollah. He's afraid to keep his same name so that he can troll 10 times as much. That's what boneheads and rats do.
Second; what kind of nonsense do you spew when you say that ACORN helps Republicans? Even ACORNs SPOKESMAN says they don't! How often do you think you can disregard the truth and still have ANY amount of credibility?
Third; please, teach me how to read a photo so well that you can tell how someone supports themselves?
You are a fool Ayatollah. Go suck a rotten pickle.
All of your rhetoric is an attempt to depress voter turnout. When people vote, you lose. There are not enough teapartiers to do anything in a national election except split the Republican base, and frankly, it couldn't happen to a nicer bunch of guys.
RETRACTION!
When I'm wrong I'm wrong – Lou is not Ayatollah. My Bad.
If only the MSM would be so damn proper.
Lou…………….ACORN either refuses to sign up GOPers, or they throw GOP registrations away.
I doubt that you've even seen any photos of Tea Partiers, because if you had, you would have seen babies, small children, teens, young adults, middle aged people, and yes, older folks. In those pictures, you would also have seen blacks, Hispanics, Asians, and whites.
Go away troll…………………………….you aren't going to get away saying any old thing here without being easily refuted and verbally pummeled
And how do you know that? Are you getting "facts" from the MSM?
Thanks for that info ( re your mail ), Bart.
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