From the Associated Press:

A federal appeals court on Friday threw out a decision that had barred Congress from withholding funds from ACORN, the activist group driven to ruin by scandal and financial woes.

The ruling by the 2nd Circuit Court of Appeals in Manhattan reversed a decision by a district court judge in Brooklyn that found Congress had violated the group’s rights by punishing it without a trial.

Congress cut off ACORN’s federal funding last year in response to allegations the group engaged in voter registration fraud and embezzlement and violated the tax-exempt status of some of its affiliates by engaging in partisan political activities.

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Today’s lead story at Politico is one of the finer examples you will find of ideological ax-grinding dressed up as straight-news reporting. The piece, by Ken Vogel and Keach Hagey, uses just about every journalistic trick in the book, assembling a selection of quotes and points to establish a narrative that was set in the authors’ minds long before they sat down at their keyboards. But the piece does so much more too; it flirts with some blurry ethical lines as well. Shouldn’t, for example, a Politico article about Journolist have perhaps mentioned or disclosed that at least some reporters for Politico were, you know, members of Journolist? Perhaps Politico has an incentive to downplay the impact of the listserve? (And, Mr. Vogel, did Andrew Breitbart really not respond to Politico?)

I will leave it to my colleagues at Big Journalism to give the proper attention this article is due. However, in building their ideological case, the authors point to certain “facts” about stories that first appeared here, which necessitates a few words here.

In discussing the recent Shirley Sherrod imbroglio, the authors write that Breitbart,

did not quite own up to the seriousness of the error he committed – posting a video misleadingly edited to make it appear that a black Agriculture Department named Shirley Sherrod was boasting of discriminating against a white farmer.

We did not edit, much less misleadingly edit, any of Ms. Sherrod’s remarks. We posted two excerpts from her speech, representing the sum total of the video we had. We didn’t cut anything out of her speech. Is any news organization in the future who only posts excerpts from a speech vulnerable to the charge that it “misleadingly edited” it?

At the very end of one of the video excerpt’s, Ms. Sherrod begins to explain how she later realized her initial discrimination of the white farmer was wrong. In Andrew’s article about the speech he  noted

Eventually, her basic humanity informs that this white man is poor and needs help.

If we were trying to show that Ms. Sherrod was “boasting” of discrimination and were prone to editing the tape as evidence, wouldn’t we have cut that part out? Wouldn’t we have neglected to mention that she eventually did the right thing? But, the media’s focus on Ms. Sherrod is really an attempt to misdirect attention from the NAACP, who was the real focus of the article and the video excerpts.

As Andrew’s article noted:

Sherrod’s racist tale is received by the NAACP audience with nodding approval and murmurs of recognition and agreement. Hardly the behavior of the group now holding itself up as the supreme judge of another groups’ racial tolerance.

We all now know that Ms. Sherrod’s anecdote was part of a larger point about the need to move beyond racial prejudices. But, the NAACP audience did not know that as they heard the speech. As Ms. Sherrod recounted the first part of her parable, how she declined to do everything she could for the farmer because of his race, the audience responded in approval. By itself, that made the video excerpt newsworthy.

Indeed, the NAACP, who was in possession of the full video for months, even noted in its initial statement condemning Ms. Sherrod:

The reaction from many in the audience is disturbing. We will be looking into the behavior of NAACP representatives at this local event and take any appropriate action.

This was always the story and it is clearly an uncomfortable one for the NAACP and, obviously, the authors of the Politico article. The media would rather focus on Ms. Sherrod or Andrew Breitbart than report that leaders of a state chapter of the NAACP approved of racial discrimination.

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The July issue of Playboy (available on news stands Friday) has an awesome feature story, “Rogues of K Street: Confessions of a Tea Party Consultant.” The piece is by Anonymous. We bring you our first installment below. The whole article can be found here.

Everything I know about being a good consultant comes from Fight Club. Discretion is everything. Rule number one is you don’t talk about consulting for the Tea Party. Rule number two is you don’t talk about consulting for the Tea Party. The story about the wild characters who are shaping this campaign cycle is worth telling, but please excuse my anonymity.

I hold as many meetings as possible over Tanqueray and tonics at the St. Regis hotel on K Street in Washington, D.C. The bar is dark and private, with comfortable couches. Even the gin tastes better there. On weekday afternoons the only people in the bar are foreigners and political consultants long past caring about who actually wins.

“You’re going to see something spectacular,” an old friend who has a knack for black-bag operations said as he proudly downed his vodka. “About a month from now you’ll see ACORN explode from within.” Right on schedule a video was released that showed undercover conservative activists James O’Keefe and Hannah Giles getting advice from employees at the Baltimore office of the Association of Community Organizers for Reform Now on how to smuggle underage El Salvadoran girls into a fictitious brothel.

That’s when I realized this isn’t an average fringe movement. This one is credible, legit and-for the first time in a decade-scaring the crap out of the left. In my years as a campaign hack and then as a consultant, I’ve created more than my share of fake grassroots organizations. Some were downright evil but effective beyond expectations. Did you get an automated call from the sister of a 9/11 victim asking you to reelect President Bush in 2004? That was me. Did you get a piece of mail with the phrase ’supports abortion on demand as a means of birth control’? That may have been me too.

Conservatives had been trying to take down ACORN for three decades. Where they failed, BigGovernment.com and my friends succeeded. In one magnificent explosion, a loose group of troublemakers, libertarians and Republicans took its first scalp. Sonja Merchant-Jones, former co-chair of ACORNís Maryland chapter, told The New York Times in March, “That 20-minute video ruined 40 years of good work.”

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“ACORN HQ is wkg [working] for the Democratic Party,” so say the newly released FBI records.  The handwritten notes provide a laundry list of underhanded activities related to elections in St. Louis, Missouri, in 2007.

The documents obtained through the Freedom of Information Act by Judicial Watch, a conservative government watchdog group in Washington, DC, concern the arrests of eight workers from the Association of Community Organizations for Reform Now, aka ACORN, for violations of election laws and voter fraud in Missouri.

ACORN is a collection of “community organizations” purportedly promoting various social issues relevant to low-income families, and large-scale voter registration drives have been a significant aspect of that outreach since the 1980s. During the 2006 mid-term elections there were numerous reports of voter fraud on the part of ACORN’s canvassers, which led to investigations in numerous states. The 2006 federal investigation of the allegations in Missouri led to several convictions, but after a similar investigation in Connecticut was halted by the Obama Justice Department in 2009, Judicial Watch filed a Freedom of Information Act request to obtain the documents produced by the earlier investigation.

The result was a collection of FBI documents which included copies of arrest warrants and court documents and over one hundred pages of handwritten notes from the FBI investigators regarding the ACORN employees’ attitudes and actions.

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Even if Congress does move decisively to cut off funding from the self-described network of community organizers who previously called themselves ACORN, the renamed entities are likely to remain potent and well-funded into the foreseeable future, former insiders say.

In fact, donors may find it easier to channel funds in the direction of liberal activists who describe themselves as community organizers now that the sullied name has been dropped, they suggest.

Shortly after ACORN’s leadership announced that it was dissolving on April 1, national and state affiliates repackaged themselves under generic sounding descriptions. ACORN Housing, for example, became known as the Affordable Housing Centers of America.

“Anyone who celebrates the demise of ACORN has celebrated prematurely because they are not going away,” Anita MonCrief, a former Project Vote/ACORN employee, said in an interview. “The network is repositioning itself so it can receive new donations.”

ACORN, which stands for the Association of Community Activists for Reform Now, has received over $53 million in federal funds since 1994, federal records show. Although the U.S. Supreme Court turned away a legal challenge to last year’s congressional ban on public funding, there does not appear to be any concerted effort on the part of lawmakers to have it reimposed.

Moreover, it is worth noting that only four Democrats joined with Rep. Michele Bachmann (R-Minn.) to oppose an amendment that would allow organizations with a criminal history to receive funding. The amendment was submitted as part of a mortgage bill several months before the videotape scandals broke.

“There’s a real boldness on the part of Democrats who want to keep funding ACORN,” Rep. Bachmann said. “They are incredulous about the possibility of losing their majority and they know which side their bread gets buttered on and ACORN is their friend.”

Even so, only a small-percentage of ACORN’s overall financial support comes from the government, MonCrief, explains. “The rest of the money comes from left-leaning foundations and there is no indication these funding sources will dry up,” she said. “There are also individual donors and you also have to include organized labor.”

MonCrief indentified Wellspring Advisors, Vanguard Charitable Endowment, the Rockefeller Fund and the Tides Foundation as the major conduits for facilitating anonymous donations.

“If someone wanted to contribute directly to ACORN without having their name attached to it they could give a  check to Wellspring Advisors, they can give to Vanguard Charitable Endowment, they can give to Tides Foundation,” she said. “There are so many ways ACORN can obtain money through these anonymous donors  and some are connected to the Rockefeller  Fund.  So long as there is an agenda they are going to make sure that money is funneled to them anyway they can.”

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From the Associated Press:

The Supreme Court has turned down ACORN’s request for help in its lawsuit claiming Congress was wrong to shut off the activist group’s federal funding.

The high court on Friday refused to throw out a decision by the federal appellate court in New York City. That court had decided to freeze a judge’s determination that Congress acted unconstitutionally in yanking the group’s funding.

ACORN, which bills itself as an advocate for low-income and minority home buyers and residents, has drastically cut its operations since losing its funding.

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From the Associated Press:

A federal appeals court on Wednesday handed the government a victory by temporarily blocking a judge’s finding that Congress was wrong to halt federal funding to the activist group ACORN.

The 2nd U.S. Circuit Court of Appeals in Manhattan also agreed to expedite the government’s appeal of U.S. District Judge Nina Gershon’s rulings that the funding cutoff was unconstitutional. Oral arguments were likely to occur before July.

The appeals court’s one-paragraph decision to freeze Gershon’s two rulings that found Congress acted unconstitutionally will remain in place until the 2nd Circuit rules on the merits of the government’s appeal. It acted a day after hearing arguments.

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Politico’s Ben Smith has the bombshell:

The national group ACORN is folding, an official there, Kevin Whelan, said in an emailed statement:

The ACORN Association Board met on Sunday March 21 and approved a set of steps to responsibly manage the process of bringing its operations to a close over the coming months. These include:

* Closing ACORN’s remaining state affiliates and field offices by April 1st; and
* Developing a plan to resolve all outstanding debts, obligations and other issues.

ACORN’s members have a great deal to be proud of–from promoting to homeownership to helping rebuild New Orleans, from raising wages to winning safer streets, from training community leaders to promoting voter participation—ACORN members have worked hard to create stronger to communities, a more inclusive democracy, and a more just nation.
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A pretty stunning late-Friday news dump in the New York Times:

The community organizing group Acorn, battered politically from the right and suffering from mismanagement along with a severe loss of government and other funds, is on the verge of filing for bankruptcy, officials of the group said Friday.

Acorn is holding a teleconference this weekend to discuss plans for a bankruptcy filing, two officials of the group said. They asked not to be identified because they were not authorized to speak to the news media.

Over the last six months, at least 15 of the group’s 30 state chapters have disbanded and have no plans of re-forming, Acorn officials said. The California and New York chapters, two of the largest, have severed their ties to the national group and have independently reconstituted themselves with new names. Several other state groups are also re-forming outside the Acorn umbrella, and will not be affected if the national organization files for bankruptcy.

This week, the Maryland chapter announced that it would not reopen its offices, which were shuttered in September in the wake of a widely publicized series of video recordings made by two conservative activists, posing as a prostitute and a pimp, who secretly filmed Acorn workers providing them tax advice. In the videos, Acorn workers told one of the activists, James E. O’Keefe III, how to hide prostitution activities from the authorities and avoid taxes, raising no objections to his proposed criminal activities.

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By Tom Fitton

Documents released today by Judicial Watch reference serious allegations of corruption and voter registration fraud by the Association of Community Organizations for Reform (ACORN), as well as the Obama administration’s decision to shut down a criminal investigation into these matters.

Two specific complaints were filed against ACORN for alleged voter fraud in October 2008 by Lucy Corelli and Joseph Borges, Republican Registrars of Voters in Stamford and Bridgeport, Connecticut, respectively. As part of its continuing investigation into alleged criminal activities of ACORN, Judicial Watch filed a Freedom of Information Act (FOIA) request for documents concerning this matter with the Federal Bureau of Investigation (FBI).

According to Corelli, on August 1, 2008, her office received 1,200 ACORN voter registration cards from the Secretary of State’s office. Over 300 of these cards were rejected because of “duplicates, underage, illegible and invalid addresses,” which “put a tremendous strain on our office staff and caused endless work hours at taxpayers’ expense.” Corelli claimed the total cost of the extra work caused by ACORN corruption was $20,000. Likewise, Borges contended that: “The organization ACORN during the summer of 2008 conducted a registration drive which has produced over 100 rejections due to incomplete forms and individuals who are not citizens…” Among the examples cited by Borges was a seven-year old child who was registered to vote by ACORN through the use of a forged signature and a fake birth certificate claiming she was 27-years old. By burdening these election officials with fraudulent registrations, ACORN put those who legally registered at risk of not being put on voting rolls at all.

The FBI and Department of Justice opened an investigation. However, the Obama Justice Department, while noting that ACORN had engaged in “questionable hiring and training practices,” closed down the investigation in March 2009, claiming ACORN broke no laws.

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Ben Sheffner, at Copyrights and Campaigns Blog, has the breaking story:

A state court in Baltimore has dismissed ACORN’s lawsuit against James O’Keefe, Hannah Giles, and Breitbart.com LLC after the plaintiffs failed to serve the complaint on the defendants within Maryland’s 120-day limit.

28218713-ACORN-v-O-Keefe-Docket

It was with great fanfare that ACORN, along with two recently-fired employees of its Baltimore office, sued last September over thesurreptitious taping of the employees advising O’Keefe and Giles on running a prostitution business out of a house. ACORN’s general counsel, Arthur Schwartz, told the Washington Post at the time that the defendants, young filmmakers O’Keefe and Giles, plus Andrew Breitbart’s Breitbart.com LLC, which disseminated the videos, had committed “clear violations of Maryland law” against audio recording without consent from all parties. But ACORN appears to have lost interest in the case since filing it, confirming my suspicion that it was little more than a press release on pleading paper.

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California Attorney General Jerry Brown seems to be getting a lot of reminders from his gubernatorial challengers Steve Poizner and Meg Whitman about his failed governorship of the state from 1975-1983 when Californian’s endured high unemployment, home foreclosures, large scale labor strikes and fuel shortages at the gas station. Recognizing the failed policies of then Governor Brown, California voters revolted and passed Proposition 13 which is a landmark initiative that limited politician’s ability to arbitrarily raise taxes on California residents.

Over a week ago, Attorney General Jerry Brown got yet another reminder, this time coming from the U.S. House of Representatives Committee on Oversight and Government Reform. The report “Follow the Money: ACORN, SEIU and their Political Allies” focuses public attention on AG Brown’s failed investigation of ACORN. While some of Brown’s gubernatorial challengers talk of the need for a California Governor to have a spine of steel, AG Brown has instead crumpled like an aluminum can cowardly hiding behind state bureaucrats and a wall of state agencies.

On October 1, 2009, Jerry Brown publicly announced that an investigation had been opened concerning undercover videos that were obtained by citizen journalists James O’Keefe and Hannah Giles who videotaped ACORN employees at two California offices. ACORN employees were filmed providing advice regarding tax evasion, prostitution and human smuggling of underage girls. Gov. Arnold Schwarzenegger was informed by AG Brown in a letter that he had “opened an investigation of both ACORN and the circumstances under which ACORN employees were videotaped.” Since that announcement, AG Brown has found himself at the center of a controversy surrounding the mismanagement of the investigation as well as a potential scandal due to a double standard involving one of his own state employees secretly recording conversations with reporters.

Shortly after ACORN had been alerted to the immanent investigation as a result of AG Brown’s public announcement, ACORN employees at the San Diego, CA office were caught engaging in a massive document dump on October 9, 2009. Those records were retrieved from an unsecured shared public dumpster where they had been thrown revealing sensitive personal, financial and banking information for both clients and employees in addition to revelations about the political inner workings of ACORN’s relationship with major U.S. banks and labor unions.

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Congressman Steve King, a member of the House Judiciary Committee, made the following statement in response to news reports that ACORN is dissolving its national structure.

“This is not surprising news. ACORN must change its name in order to try and run ahead of the accountability that is catching up with this corrupt organization.

“Even though the one party controlled federal government is using its resources to protect ACORN, entrepreneurial new media investigators and state attorneys general are tightening the noose. Dissolving its national brand does not change ACORN’s faces nor ACORN’s crimes. This organization specializes in subterfuge, but ACORN cannot outrun the wheels of justice that are catching up with this corrupt criminal enterprise.”

From The American Spectator:

ACORN and other left-wing advocacy groups could be eligible for up to $3.99 billion in federal funding included in the $3.83 trillion fiscal 2011 budget blueprint that President Obama unveiled last week.

ACORN and other left-wing advocacy groups could be eligible for up to $3.99 billion in federal funding included in the $3.83 trillion fiscal 2011 budget blueprint that President Obama unveiled last week.

The $3.99 billion comes from a congressional slush fund known as the Community Development Block Grant (CDBG) program, which is part of the Department of Housing and Urban Development’s (HUD) $48.5 billion fiscal 2011 budget. CDBG grants, which are awarded to states and localities, pass indirectly to ACORN.

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From America’s Right:

Hannah Giles and James O’Keefe III, the independent filmmakers behind the series of videos which swept the nation in 2009 and exposed internal corruption and illegality within ACORN Housing Corporation, were sued today in federal court in Philadelphia by an ACORN employee featured in one of the pair’s films.

The plaintiff is Katherine Conway-Russell, a Philadelphia resident who has worked for ACORN since March 2008 as an office director.  It was Conway-Russell who met with Giles and O’Keefe, posing as a prostitute and pimp as they had in ACORN offices nationwide during other installments of the undercover video series, for a private interview in her office at ACORN’s facility in Philadelphia on July 24, 2009.  This is the first such suit filed against the filmmakers by an individual ACORN employee.

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Sometimes, the news coming out of Southern California is more entertaining than the movies coming out of Southern California.

Last week the  37,000-member California state chapter of ACORN broke away from its national organization to form a new nonprofit group called the Alliance of Californians for Community Empowerment. Amy Schur, executive director of ACORN ACCE in California, says the decision was made because “the level of controversy had become a significant distraction for us.”

So let me get this straight. The California ACORN chapter, which includes the San Bernardino group that was featured in the ACORN videos providing advice for human smuggling and prostitution, and the San Diego chapter, that conducted what looked like the world’s biggest document dump just before the AG’s agents arrived, wants to split off from the national organization because they say the national group has problems.

If anything, the national group should split off from the California group and beat them to the punch.

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The California chapter of ACORN has split from the group and changed its name.

Thousands of Californians who live in or close to poverty in the state have worked hard for decades to score victories that level the playing field. They’ve passed laws that increase affordable housing and raise the minimum wage, so they can provide for their families. They’ve also spent their personal time, which is in chronically short supply, pushing for better teachers and textbooks so the kids in their neighborhoods can have better opportunities. On these and other issues the odds have been against them, but these Californians leveraged their significant numbers with coordinated grassroots organizing to achieve victory.

Until now, they carried out this work as a chapter of the national organization ACORN. Until now, governance and financial management resided at the national level. In recent months it has become increasingly clear to the leadership, staff and members in California that the serious challenges ACORN is facing are jeopardizing the important work we are doing here in California.

The new entity will be called Alliance of Californians for Community Empowerment (ACCE). It will, on paper at least, be entirely separate now from ACORN. The relationship will be what Wade Rathke characterized the relationship between ACORN and ACORN Housing. ACORN is its own entity and ACCE is its own entity and the two are fighting for common goals.

It’s important to note that most, if not all, of the staff and board of ACORN in California will be kept on with the new company. In fact, at the bottom of the press release the contact person is Amy Schur. Schur, according to a source, was privvy to the knowledge that Dale Rathke had been involved in embezzlement from ACORN and kept that knowledge from the board.

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Esquire has an interview with ACORN CEO Bertha Lewis:

I called ACORN to get a response from Bertha Lewis, the group’s CEO. “I don’t think the conservative right will ever be satisfied,” she told me. “They’re not going to stop because they’re raising money on us every day — we’re a nice, simple convenient bogeyman.”

Still, Lewis seemed almost shell-shocked: “We can’t understand this obsession, and the vehemence. They just make up something and keep repeating it over and over — yesterday, I’m cleaning my house and I get a call, someone from my office saying ‘This guy from Breitbart is going crazy saying you were in the White House!’ Apparently some woman named Bertha Lewis visited the White House in September, so automatically they assumed — but it wasn’t me.”

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From Fox News’ Nine Big Stories the Mainstream Media Missed in 2009:

ACORN Tapes

Filmmakers James O’Keefe and Hannah Giles, posing as a pimp and a prostitute, went undercover to the offices of the community organizing group ACORN in the summer. They secretly videotaped employees instructing them in how to falsify tax forms and seek illegal benefits for 13 “very young” girls from El Salvador whom the pair said they wanted to import to work as child prostitutes. New videos emerged daily, but the mainstream media ignored the growing scandal for days, even as federal agencies began severing their ties with the group and members of Congress cried for an investigation. (more…)

Updated January 4, 2010

This afternoon, on arguably one of the slower news day of the year, the Obama White House released another document dump of “visitor records.” According to the White House, today’s batch total more than 25,000 records, covering meetings between September 16-September 30th.

You can scroll through the list of records on the White House site OR you can download the raw data. Interestingly, the full download uncovers almost 30,000 records, including many from outside the mid-September time-frame detailed on the White House site. In other words, only the records from the specific two week time period are viewable on the White House site. Many other visitor records were released today…they are just much harder to find.

Like, for example, the visitor records for Bertha Lewis.

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