Maryland Shouldn’t Prosecute ACORN Filmmakers

by Rep. Dan Lungren (R-CA)

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.

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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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