5. Hide the Decline: “Climategate” and the CO² ruling

Why it’s important: The unauthorized release in November of 61 megabytes of confidential files and emails hacked from the computers at the East Anglia Climate Research Unit – Ground Zero of the “anthropogenic global warming” racket – shocked nearly all sentient people into the realization that scientists could be just a corruptible as your average politician or, worse, your average “environmental journalists” as they sought to “hide the decline.” While each country’s capo di tutti capi was gathering in Copenhagen to hatch yet another scheme to beggar the industrialized West in the name of collective guilt, the scandal burbled along under the radar as rational people finally had the proof they needed that the Chicken Little alarmists were, well – crowing capons.  For years, skeptics had been derided by such barking lunatics as Albert Arnold Gore, Jr., as “deniers” – the word was deliberately loaded to evoke the Holocaust – even as the Man Who Flunked Out of Divinity School did his best to dodge all challenges to his newfound religion:

Meanwhile, with AGW going up in smoke like a fruitless sacrifice to a god that failed, and the Waxman-Markey “cap and trade” extortion bill faltering in Congress, along came the EPA, right on schedule, with its “endangerment finding” that carbon dioxide – you know, the stuff you breathe out when you exhale, and the same stuff that makes the good green plants happy, healthy and wise – is, of all things, a “pollutant.”  Still, the news for the Karbon Krazies just keeps on getting worse.

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As Fiscal Year 2010 finally begins, a judge has struck down Congress’ law ending federal funding of ACORN. It’s ironic in that de-funding ACORN was the only example of fiscal restraint we’ve seen from Barack Obama, even more so since he’s now stacking the courts with judges that will continue to issue such rulings. And perhaps that’s what he’s wanted all along.

ACORN has shown America what the audacity of hope really looks like. In the aftermath of the videos showing ACORN employees engaged in conversations that should have triggered a federal racketeering probe for tax fraud and underage prostitution, Congress reacted to the overwhelming public revulsion to ACORN by enacting a federal law blocking ACORN from receiving any more of your tax money.

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From The Hill:

The Government Accountability Office (GAO) has informed two House Republicans that it will investigate ACORN’s use of federal funds.

The GAO sent a letter to Reps. Lamar Smith (R-Texas), the ranking member of the Judiciary Committee, and Darrell Issa (R-Calif.), the ranking member of the Oversight and Government Reform Committee, informing them of its decision. Smith and Issa on Thursday released the letter, dated Dec. 7

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[Ed Note: Recently, City Hall in New York published an amazing multi-part investigative piece on possible corruption, illegal activities and general shadiness within the multi-pronged Working Families Party in New York. For those of you searching for examples of what investigative journalism used to be like, this series is a good place to start. Under the direction of lead reporter Edward-Isaac Dovere, the series explored the tangled web the Party in New York. Big Government readers will note that one of the co-chairs of the Party is Working Families Party is Bertha Lewis, CEO of ACORN. So, for those keeping score at home, this is the second organization headed by Lewis is that marked by opaque and confusing interrelationships and ethically-challenged legal boundaries. Hmm, what are the odds? Today begins Part I]

In August, City Hall published an investigative report explaining the operations of the Working Families Party’s for-profit company, Data & Field Services. In early September, after conducting its own review, the New York City Campaign Finance Board officially declared that “DFS exists as an arm of the Working Families Party.” Over the last three months, City Hall has continued the investigation, relying on dozens of interviews with people within and outside the organization, in addition to a review of tax, lobbying and campaign finance records, as well as confidential internal documents.

Following weeks of in-depth inquiries from City Hall, the Working Families Party announced on Nov. 6 that it was hiring the law firm of Skadden, Arps, Slate, Meagher & Flom to conduct a review of its practices, with the effort to be led by Judith Kaye, the former chief judge of the New York Court of Appeals.

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Professor Peter Dreier, an ACORN apologist who portrays himself as an independent analyst, is really anything but.

As Andrew Breitbart articulated on BigGovernment November 25th, regarding a “study” Dreier produced critical of media coverage of ACORN:

At the end of the piece Professor Dreier offers the following biography: Peter Dreier, E.P Clapp Distinguished Professor of Politics and director of the Urban & Environmental Policy Program at Occidental College.

Why did Professor Dreier choose to leave out the critical information regarding his advisory relationship to ACORN? Isn’t sitting on an advisory committee of ACORN the definition of a conflict of interest in writing a fair and balanced piece on the organization? In fact, Dreier has been shilling for ACORN at least since 2003.

So when Dreier proclaimed ACORN “Not Guilty” in one of his recent columns on TalkingPointsMemo, I must admit I threw up a bit in my mouth.  Some of Dreier’s most pathetic conclusions:

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What does the Persian Gulf emirate of Dubai and ACORN have in common?  Both of them have some bankers on Wall Street worried.  When brokers and traders returned to work after the Thanksgiving Holiday, the Dow Jones Industrial Average went on a wild rollercoaster ride dropping as much as 233 points during the trading session due to an announcement that Dubai would be rescheduling the repayment of $3.5 billion in bonds.  This unexpected announcement was not what Wall Street wanted to hear on Black Friday when retail sales were already down by 8% compared to the prior year and Cyber Monday sales were less than robust with individual online purchases being 2% less than they were last year.  All of this at a time when brokers, traders and economists across the country are watching to see if cash strapped consumers are going to bailout retailers from what is shaping up to be a dismal retail Christmas season.

It is understandable why Wall Street would be concerned about Dubai.  Why would they be concerned about ACORN?  On October 24, 2009, Biggovernment.com revealed that the San Diego office of ACORN dumped thousands of documents into a dumpster in advance of an investigation into the organizations activities by California Attorney General Jerry Brown.  I retrieved the documents from a shared public dumpster located behind the local ACORN office.  The documents that were retrieved filled the back of my Suburban.  Much of what was retrieved was truly trash, items such as banana peels, coffee grounds and marketing materials. After sorting through the documents, though, the 20,000 documents that were retained included sensitive personal information, financial records and documents outlining the internal and political workings of ACORN.  One of the documents obtained by Biggovernment.com shows that ACORN had business relationships with 28 major financial institutions for the purpose of assisting homeowners whose mortgages were in foreclosure.

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From FoxNews:

Any fan of Cookie Monster on Sesame Street knows that “C” is for cookie.

But at the Obama White House, “A” may be for acorn — as in acorn cookies served at Monday’s annual Christmas party.

The chocolate cookies shaped like an acorn were quite a hit with Rep. Steve King, R-Iowa.

“I didn’t expect to see such stark symbolism,” King said in an e-mail.

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Last night, defying the will of a bipartisan majority of the House and Senate, Democrats voted to allow the Association of Community Organizations for Reform Now (ACORN) to receive federal taxpayer dollars.

In September, large Congressional majorities in both houses voted to sever all ties between the federal government and ACORN.  The Senate vote was 85-11; the House vote was 345-75.  You’d think that those votes, which USA Today described as prohibiting “any federal funding for the community organizing group,” would have settled the matter.  You’d be wrong.

Months later, with the country’s focus on jobs, healthcare, and the Global War on Terror, Democrats are moving to restore funding to ACORN.  Last night, Rep. Tom Latham (R-IA) offered an amendment during deliberations on the Democrats’ massive year-end appropriations bill to clarify the prohibition on federal funds going to ACORN or its subsidiaries.  That amendment was shot down on a 5-9 party line vote as Republicans sided with taxpayers while Democrats stood with ACORN.

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The “independent” investigation of ACORN has been completed, and the final report is in.

The verdict? ACORN has done nothing illegal, and most of its problems stem from the subpar leadership of its founder and former “chief organizer,” Wade Rathke. As long as Rathke and his allies are out of the picture, everything should be good to go at ACORN headquarters, according to Scott Harshbarger, former attorney general of Massachusetts.

I get the feeling Mr. Harshbarger produced exactly the type of report (which can be viewed at ACORNcracked.com) that the ACORN board of directors paid him to produce: a rationalization of the group’s behavior, designed to deflect the growing chorus of criticism and breathe new life into the organization.

I doubt that anybody will be fooled by the silly conclusions in Harshbarger’s report. But I fear that ACORN’s friends in the White House and Congress may use it as an excuse to allow the organization back into the federal government’s good graces.

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The Harshbarger investigation is getting a lot of attention this week; and rightly so.  ACORN hired former Massachusetts Attorney General Scott Harshbarger to conduct an “independent” review of the organization in an effort to provide ACORN some cover to show that they were serious about reform.  The Harshbarger report concludes that ACORN was not at fault, rather the blame should rest with its founder Wade Rathke, the intrepid aspiring journalists Hannah Giles and James O’Keefe who revealed ACORN’s most recent corruption, and the low level ACORN employees and members who were featured in the videos.

This attempt to whitewash ACORN and its employees’ wrongdoing has been appropriately decried by Representative Darrell Issa, the Republican National Lawyers Association, and contributors to Biggovernment.com.

ACORN’s pending litigation against the federal government has received less attention.  Last week, unbeknownst to all but avid court or ACORN watchers a pivotal moment occurred in the lawsuit.  Peter D. Leary, an attorney at the Department of Justice filed a brief defending the Congressional efforts to defund ACORN.  His brief defended the defunding, while severely narrowing its scope and application.

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On September 16, 2009, with much fanfare, ACORN CEO Bertha Lewis announced that ACORN was hiring an independent auditor to review its internal processes.  Yesterday, the former Massachusetts Attorney General Scott Harshbarger produced a report finding ACORN, as a corporation, engaged in administrative negligence.

This of course has not stopped ACORN from declaring victory and calling the report a vindication.  Is anyone surprised that a report paid for by ACORN exonerates them?  The fact that this review didn’t even include an audit of ACORN’s financial statements speaks volumes.  Luckily for taxpayers, there are numerous federal and state investigations currently underway that should ultimately produce a legitimate finding regarding ACORN’s illegal activities.

The reality is ACORN has masqueraded as charitable organization in order to fund and advance a partisan political agenda.  There is no mechanism in place to follow where the use of taxpayer and charitable dollars end and where funds used to pay for their political activities begin.

Despite these findings of obvious negligence on ACORN’s behalf, the Proskauer Rose report was not an audit.  In fact, among the “7,000 pages” (19) Mr. Harshbarger reviewed, none of those pages included:

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The internal report issued by former Massachusetts Attorney General is out. Clearly, here’s what the headline will be.

The high-profile lawyer hired to investigate ACORN has found no pattern of intentional illegal conduct in the community organizing group — a finding that was dismissed as “damage control” by one of the two filmmakers who, posing as a pimp and prostitute, videotaped staffers offering advice on how to operate a brothel .

This was immediately mocked by conservatives in the media.

Harshbarger has determined — wait for it — that ACORN engaged in no wrongdoing
depicted in the nationwide undercover stings conducted by BigGovernment.com / James O’Keefe III and Hannah Giles.

In fact, everyone is getting into word games here. ACORN did in fact engage in no criminal wrongdoing by offering advice to a “pimp” and “prostitute” about how to hide assets and their business practices. Simply offering such advice is not illegal. If that’s what Harschbarger was brought in to do, I could have saved everyone plenty of time. In fact, if that’s what he was investigating, then it’s clear they gave him a scope that would lead to a conclusion that would maximize their positive press. In fact, these videos occurred at no less than five offices. That’s a pattern of behavior for which management, and not merely those on the videos, must take some responsibility. That’s at the heart of the series of exposes by Giles and O’Keefe. It’s not about whether or not the behavior on the videos is or is not technically legal. It’s about what it says about an organization when a “pimp” and “prostitute” can so routinely walk into just about any office and be offered advice that the advisor knows is illegal if implemented. That reality is barely acknowledged and not really addressed.

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Pete Yost of the Associated Press asked for my comment regarding the findings of the ACORN “internal investigation.”  Here is what I emailed him:

ACORN is a corrupt and criminal organization, and anyone with open eyes can see this. Yet SEIU’s Andy Stern and left wing puppetmaster John Podesta, of the Soros-funded radical leftist think-tank, the Center for American Progress, chose to architect a whitewashed ‘internal investigation’ by a Democrat Party hack from Massachusetts, and have put immense efforts into launching a two-pronged propaganda  campaign and legal assault against the filmmakers of the ‘pimp and  prostitute’ exposé and the story’s publisher. BigGovernment.com  continues to expose ACORN’s illegal activity and has helped to  illuminate how corrupt organizations like ACORN, SEIU and HCAN are coordinating the efforts to shove radical health care reform down an unwilling  majority of Americans throats.

Here is the sole excerpt from the above statement chosen for the article:

The report is “a whitewashed ‘internal investigation’ by a Democrat Party hack from Massachusetts,” said conservative columnist Andrew Breitbart, who is being sued by ACORN along with James O’Keefe and Hannah Giles, who played the prostitute and her boyfriend in the videos. Breitbart posted the videos on his Web site.

I wanted the BigGovernment.com readers to see that’s it’s not just the internal investigators who are whitewashing the magnitude of the ACORN scandal, it’s the mainstream media writ large.

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Well, ACORN retained a law firm to investigate its operations and, surprise, the law firm found that ACORN hadn’t done anything wrong in the undercover videos filmed by James O’Keefe and Hannah Giles. The review, overseen by former Massachusetts Attorney General Scott Harschbarger, a long-time ally of ACORN, found that any problems within ACORN are, gosh darn it, simply because ACORN was too successful, i.e. grew too big and too fast. The problems are also mostly, conveniently, the result of people who are no longer employed by ACORN, i.e. Wade Rathke.

Full report below:

ACORN Report –

The entire report can be summed up: Wade Rathke really made a mess of things. The current management, i.e. Bertha Lewis, has been trying to reform the organization and she is really, really committed to it now. ACORN has a “roadmap” for reform that, while it may take a while to implement, will really fix everything you thought was wrong with ACORN. Just trust them.

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House Committee on Oversight and Government Reform Ranking Member Darrell Issa (R-CA) released the following statement today regarding the report commissioned by ACORN released by Scott Harshbarger report on ACORN:

“How surprising is it that a report paid for by ACORN exonerates them?  There are numerous federal and state investigations currently underway that should ultimately produce a legitimate finding regarding ACORN’s illegal activities.  The reality is ACORN has masqueraded as charitable organization in order to fund and advance a partisan political agenda.  There is no mechanism in place to follow where the use of taxpayer and charitable dollars end and where funds used to pay for their political activities begin.

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ACORN has been fairly criticized for its actions that led up to the mortgage crisis, which culminated in a huge rash of foreclosures last year.  While the tide appears to be waning, it’s a problem that is still occuring.

Specifically, ACORN strong-armed banks and worked with members of Congress, such as Barney Frank, to weaken credit standards in order for banks, as well as Fannie Mae and Freddie Mac, to fund risky mortgages.  Mortgages, of course, that stood little chance of ever being paid, as we witnessed last year.

But ACORN’s penchant for shaking down banks didn’t begin 2 years ago, or even 10 years ago.  Check out this article from the Atlanta Journal-Constitution from 1988.  Grant Williams was an organizer for ACORN at the time ( I wrote here about his new gig at SEIU), and he managed to weasle ACORN into a bank’s proposed interstate merger.  From the article:

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This morning, at a hearing of the Constitution Subcommittee of the House Judiciary Committee, Rep. Steve King (R-IA) raised the issue of a need for a full congressional investigation of ACORN.  As Rep. King notes, Subcommittee Chair Jerry Nadler (D-NY) has said he would consider an investigation as soon as he saw credible evidence of ACORN wrongdoing. (Rep. Nadler apparently doesn’t read Big Government)

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On Monday, I discussed some of the background in the ongoing journalistic argument about the tactics used by James O’Keefe and Hannah Giles in their ACORN takedowns, first released here at Big Government.  This is part two of that discussion.

Since the freewheeling days of the 1920s celebrated in The Front Page, there has been a profound shift in the way journalists view themselves and their societal role.  We might locate its origins in the 1947 report by the Commission on the Freedom of the Press, known today as Hutchins Commission after its chairman, Robert M. Hutchins, of the University of Chicago, and funded by Henry Luce of Time Inc.   In answer to the question, “is the freedom of the press in danger,” the commission answered yes, and issued “five ideal demands”:

1) A truthful, comprehensive, and intelligent account of the day’s events in a context which gives them meaning.

2) A forum for the exchange of comment and criticism.

3) The projection of a representative picture of the constituent groups in the society.  (“The Commission holds to the faith that if people are exposed to the inner truth of the life of a particular group, they will gradually build up respect for an understanding of it.”)

4) The presentation and clarification of the goals and values of the society.

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From the American Spectator:

It was the biggest story of 2009.

If you doubt, ask ACORN. Or Van Jones. Or the So We Might See campaign. You won’t need Timemagazine’s once clout-filled “Man of the Year” issue to figure it out, either. Just take a look back at the bestseller lists, the ratings of Fox News or simply turn on your local AM radio dial.

The single most important news event of 2009 was the emergence of The Virtual Newsroom. A newsroom run by a virtual army of conservative journalists famous and unknown, their individual and collective impact multiplied exponentially by millions of Internet users, radio listeners, readers and television viewers.

How did this happen? How does it work in practice?

First, perspective is needed here. Like other big news events, it didn’t happen overnight. There is history, lots of it.

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Since the undercover ACORN videos from James O’Keefe and Hannah Giles first broke, the grand pooh-bahs of journalism have gone into self-absorbed philosopher mode. Rather than report on the ACORN corruption playing out before our eyes, “journalists” have tsk-tsked their way through thousands of words and yards of column inches making certain that everyone understands that what James and Hannah did IS…NOT…JOURNALISM. (As if that is the existential question to make sense of the ACORN videos.) Undercover videos and assuming fake identities are things real journalists do not do…except when they do.

Below is a page from ACORN’s 2005 Annual Report. In it, they tell the story of how one of their employees teamed up with NBC Dateline to do a ‘video sting’ on tax-preparer Jackson Hewitt.

Pages from 2005-ACORN-Annual-Report-web -

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