One year ago today, we launched BigGovernment.com. As you probably know, our first posts dealt with the video sting of ACORN, orchestrated by the new citizen journalists James O’Keefe and Hannah Giles. It had an impact.

It also marked a new chapter in on-line media. Most of the conservative on-line media are scorekeepers. The provide opinion, but don’t really move the ball forward. I know that sounds both hyperbolic and self-serving, but consider: after the second day of our video release the U.S. Senate voted to defund ACORN and the Census Bureau severed all ties with the embattled organization. All of this happened before either the Washington Post or New York Times had devoted a single column inch to the burgeoning scandal. I’ve been in Washington D.C. for 16 years. Nothing politically happened until one of those papers weighed in. Until last year. The game totally changed and, even today, neither the JournoList-supporting Post nor the hemorrhaging Times understands this. Newsweek is dead. USA Today is shedding staff as fast as it can while Time clings to life as something to glance at on an airplane and every other part of the legacy media retires to “background noise.”  Simply put, no one cares about them anymore.

There was a time that news organizations like the Post and the Times could set the national agenda. They were the arbiters of what was news and what was “important.” A wink from one of their reporters would set off a national debate. If they ignored a story, well, it went nowhere. They were the “casting couch” of all possible news. Those days are over.

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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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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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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 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.

5) Full access to the day’s intelligence. (more…)

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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Have you heard the one about the pimp, prostitute, politician and the community organizer?  Well, thanks to San Diego private investigator Derrick Roach, Californians are not laughing at what is turning into a political nightmare for California Attorney General Jerry Brown and ACORN.  On Tuesday, November 24, Attorney General Brown appeared on KABC’s “Peter Tilden Show” after it was revealed that some 20,000 documents had been thrown into a National City dumpster by ACORN employees.

The documents were thrown out in advance of state investigators arriving at the local ACORN office to conduct an investigation resulting from national media attention.  ACORN employee Juan Carlos Vera was videotaped giving advice to two individuals posing as a pimp and a prostitute regarding underage prostitution and human smuggling.  Without admitting any wrongdoing ACORN terminated Mr. Vera, or so they said.  Documents provided to BigGovernment.com show that Mr. Vera was not terminated but was simply laid off, implying that Mr. Vera is also eligible for rehire. (The document also notes that Mr. Vera was laid off due to “restructuring” related to “videotaping incident.)

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On October 1st, 2009 California Attorney General Jerry Brown announced that an investigation had been opened into ACORN’s activities in California, resulting from undercover videos showing employees seemingly offering to assist the undercover film makers with human smuggling, child prostitution and even tax advice to boot.

Although ACORN has denied any wrongdoing, some of the employees involved were terminated, and ACORN has publicly stated that they would fully cooperate with any investigations that followed.

Interestingly, the local head ACORN organizer in California, David Lagstein was caught on tape earlier this month speaking to an East County Democratic Club.

Mr. Lagstein stated: “…the attorney general is a political animal, but certainly every bit of the communication we have had with them has suggested that the fault will be found with the people that did the video and not the people with ACORN.”

Continuing, Mr. Lagstein stated: “…we are fully cooperating, some of the investigators visited our office this morning and I think they really understand what’s going on.”

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Over at the Los Angeles Times, naturally, we find ACORN’s statement on the latest video:

Los Angeles ACORN statement, as prepared by the organization:

1.    The tapes are clearly doctored and highly edited and it is our hope this will be responsibly reported on should this become a news story.

2.    The conversation took place outside of the ACORN office. The couple was taken outside of the office into the building-hallway (a common space) because the subject matter they were attempting to discuss was not appropriate and the employee made it clear that ACORN does not help with such things.

3.    The couple was brought to a neighboring agency that deals specifically with international abuse.

4.    The couple featured in the video did NOT portray themselves as a “prostitute” and a “pimp.”

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**Updated with Lavelle Stewart transcript**

Lavelle Stewart, of ACORN in South Central Los Angeles, tells us she thinks we have to hook up with “someone who’s on that international sex business level,” that “14 and 15 year olds been traveling overseas for years,” that she can do independent research for us, and that she has had meetings with Porn magnate Larry Flynt.  As for laundering the sex money into my faux political campaign, Lavelle says, “there are ways, people do it all the time.  Yeah there are ways, especially out here in California.”

Part I

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The only way the fringe “news” outlets would ever report on ACORN in an antagonistic manner would be if Sarah Palin somehow supported this creepy cabal.  

Sarah, if you’re reading this column, maybe you should throw your name behind ACORN for a month or two just to get the White House/ACORN’s lap dogs to finally join with FOX and bark down the despicable ACORN clowns until they’re properly vilified, permanently defunded, and eternally ensconced in American history as nothing more than a bad, bad memory—a veritable proverb for corruption. 

After lending your name, Mrs. Palin, to ACORN for say, uh, 60 days or so, you could then say you were just BSing everyone to get the tools on the left to finally do the job these limp noodles are supposed to be doing: namely getting to the bottom of ACORN’s odious, braying deception.

This past Wednesday at the National Press Club, Andrew Breitbart, Hannah Giles and James O’Keefe once again released more ACORN footage that showed Bertha and her buddies to be lying through their taxpayer-funded, coffee-stained teeth.  They shot holes in Berth’s bunkum. I’m talking .50 cal BMG holes.

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It recently came to light that individuals employed by ACORN have been apparent accomplices with regard to the conduct of alleged criminal activities.  Surprisingly, it was the investigative ingenuity of ordinary citizens who brought this information to the attention of the public.  As a Member of Congress, these revelations are of interest to me in that ACORN is the beneficiary of substantial federal funding.  As the former Attorney General of my state of California, this story is of great concern to me for an entirely different reason.  Ironically, it is those who revealed the alleged illegal acts, rather than the perpetrators of those acts, who find themselves under threat of criminal prosecution.  To anyone with a modicum of common sense, this would seem to turn justice on its head.

How could this happen?  Certain states, such as Maryland, have statutes prohibiting the recording of conversations without the consent of the other party.  Unfortunately for the young investigative entrepreneurs, their disclosure of alleged illegal activities carried out by the ACORN employees took place in these so-called “two party consent states” which prohibit the recording of confidential communications without the permission of all parties.

There have been comments released by the State’s Attorneys Office for Baltimore that:

If it is determined that the audio portion now being heard on YouTube was illegally obtained, it is also illegal under Maryland Law to willfully use or willfully disclose the content of said audio.  The penalty for the unlawful interception, disclosure or use of it is a felony punishable up to 5 years.

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(1)        Why did the Philadelphia office apparently waste taxpayer money and scarce police resources calling the police about a “verbal disturbance” by two people they were happy to help?

(2)        Why would ACORN file a police report after warmly helping us with our purported “prostitution business”?

(3)        Why would ACORN make a police complaint about a “verbal disturbance” when there was no disturbance?

(4)        Why did ACORN apparently call the police as many as 45 minutes after we left?

(5)        Why does ACORN apparently think that making and publishing an after-the-fact police complaint would cover up its willingness to help our “prostitution business” and its lies about what happened when we visited?

(Select “full screen” to view larger version of police report.)

ppd pdf –

The mainstream media were complicit in their coverage of the ACORN scandal. Their behavior was and continues to be an insult to democracy and journalistic responsibility as the Fourth Estate has ignored facts, engaged in one-sided sourcing, and avoided basic and inherently important journalistic questioning.

First, there was avoidance. Some media outlets simply ignored the story. On Sept. 15, five days after the Maryland tape was released, ABC’s Charlie Gibson said, “I don’t even know about it… so you’ve got me at a loss” and said that the story might be “just one you leave to the cables.” But, Gibson was not alone in his lack of knowledge. The New York Times did not cover the story for nearly a week. On Sept. 26, Clark Hoyt, The Times’ Public Editor, acknowledged the paper’s tardiness, but insinuated that the story was lacking in facts:

But for days, as more videos were posted and government authorities rushed to distance themselves from Acorn, The Times stood still.  Some stories, lacking facts, never catch fire…But others do, and a newspaper like The Times needs to be alert to them or wind up looking clueless or, worse, partisan itself.

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*UPDATE Below*

Alinsky Rule #1: “Power isn’t only what you have, it’s what the enemy thinks you have.”

Now that ACORN lied to you, Media Matters, what are you going to do?

**UPDATE 2:24 PM EST** We muted the audio of the ACORN employees on the video released today due to ACORN’s legal attack upon us.  We call upon ACORN to state publicly now that it has no objection to the public release of any its employees oral statements to us.  If they are interested in the truth, why wouldn’t they do so?

Exclusive story here.

Listen to the full unedited audio here:

Part 2:

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Full transcript follows:

San_Diego_2 –

Exclusive story here.

Listen to the full unedited audio here:

Part 1:

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Full transcript follows:

Full Transcript: ACORN Prostitution Scandal, San Diego –

From an article that will appear in tomorrow’s Chicago Tribune:

ACORN is in very deep, very public trouble, and the U.S. attorney general should appoint an independent prosecutor to investigate. What we know so far is due entirely to two amateur reporters, James E. O’Keefe III, 25, and Hannah Giles, 20, who managed to videotape a web of corrupt practices in ACORN offices. Dressed as a pimp and prostitute, O’Keefe and Giles walked into ACORN offices from New York to California and simply asked for business advice. ACORN officials were happy to provide it and were secretly recorded explaining exactly how to evade the law and scam the government. The tapes were riveting. Fox News rolled out a new one each night for a week, creating a firestorm of outrage and a burgeoning political scandal.

ACORN employees, without raising an eyebrow, much less calling the police, explained how the young sex workers could label themselves “performance artists,” underreport their income, evade taxes, fraudulently buy a house to ply their trade, and, worst of all, import underage girls from Central America to use as child prostitutes. One ACORN employee helpfully explained that the teenagers would even be tax-deductible since they would be “dependents,” living in the pimp’s house. Some states, led by California, are saying they will investigate. But this is a national scandal and there ought to be a full-scale national inquiry. To ensure impartiality — and the appearance of impartiality — political appointees at the U.S. Department of Justice should recuse themselves. This case demands an independent federal prosecutor.

Read the full article here.

Interesting press coverage from San Diego. ACORN holds a press conference to announce they are standing behind their employee, who was captured in undercover footage from James O’Keefe and Hannah Giles offering to help smuggle into the country underage prostitutes from El Salvador. The ACORN employee had suggested that the children be brought across the border in Tijuana, because he has “a lot of contacts there.” After the cameras stop rolling, we learn that ACORN has fired the employee…the truth will out.