The following is a document that James O’Keefe sent to me last night and has authorized me to publish. It is O’Keefe’s version of events in New Orleans. I believe this is the first time anywhere that he has publicly given his full statement of what occurred.

The document was drafted by lawyers based on O’Keefe’s statements, and was intended to be offered as the factual basis for his plea. O’Keefe confirmed for me that this document is an accurate account of what happened.

What Really Happened in New Orleans

Factual Basis

On January 25, 2010, Messrs. James O’Keefe, Stan Dai, Joe Basel, and Michael Flanagan (collectively “Defendants”) entered the Hale Boggs Federal Building located at 500 Poydras Street, New Orleans, Louisiana (“Hale Boggs Building”), with no intent to commit a felony, but rather an intent to engage in political speech with respect to pending national healthcare legislation (the “Healthcare Bill”). During the several days before their entry to the Hale Boggs building, Defendants discussed opportunities to engage in independent journalism and political advocacy. One of the ideas raised during those discussions was a method to test the truthfulness of Senator Landrieu’s statements as to the reason for the inability of Tea Party members and other Louisiana constituents to contact her staff on the telephone to discuss her vote on the Healthcare Bill. The Defendants were advised that this was a recent story in the news in New Orleans. (more…)

It’s a court document signed by the Assistant U.S. Attorney representing the Government: The document can be read in its entirety here.

As I noted in a more detailed post below, the Government sought to bury this admission by omitting it from their press release, and attempting to avoid reading it aloud in court when setting forth the factual basis. I have updated that post to note that I have now obtained the filed version of the document, with the signature of the Government’s representative. Now I think it’s time to start asking the U.S. Attorney’s Office why they tried to hide this language from the public. (more…)

The U.S. Attorney’s Office for the Eastern District of Louisiana has filed a court document admitting that James O’Keefe did not intend to tamper with the phones at Mary Landrieu’s office, or commit any other felony.

Oh — and the good folks at the Department of Justice don’t particularly want you to know that. This post reveals that, at O’Keefe’s hearing, the Assistant U.S. Attorney tried not to read that part of the document in court. What’s more, the U.S. Attorney pointedly omitted this critical information from their press release.

The news of the Government’s admission broke yesterday, when Big Journalism’s Larry O’Connor reported that a court document filed in James O’Keefe’s criminal case bearing the title “Final Factual Basis” contains the following language:

In this case, further investigation did not uncover evidence that the defendants intended to commit any felony after the entry by false pretenses despite their initial statements to the staff of Senatorial office and GSA requesting access to the central phone system. Instead, the Government’s evidence would show that the defendants misrepresented themselves and their purpose for gaining access to the central phone system to orchestrate a conversation about phone calls to the Senator’s staff and capture the conversation on video, not to actually tamper with the phone system, or to commit any other felony.

This news, which O’Connor relayed at the end of a post about Media Matters’ dishonesty, is a significant piece of news that deserves its own post. It is especially noteworthy because this paragraph comes from a version of the facts that the Government has agreed to by way of stipulation. The document contains the following language showing the Government’s agreement: (more…)

NEW ORLEANS – Joseph Basel, age 24, Stan Dai, age 24, Robert Flanagan, age 24, and James O’Keefe, age 25, were charged in a one-count bill of information with entering real property of the United States under false pretenses, a misdemeanor, announced the U. S. Attorney’s Office for the Eastern District of Louisiana.

According to the Bill of Information, between January 20, 2010, and January 25, 2010, Flanagan, Basel, O’Keefe, and Dai met on several occasions. During their meetings, they discussed, among other things, possible scenarios in which they would talk with members of the staff of Senator Mary Landrieu inside of her New Orleans, Louisiana office, in the Hale Boggs Federal Building, and record the interaction using audio and visual equipment. As a result of this planning, on January 25, 2010, Basel and Flanagan entered the Senator’s office dressed as telephone repairmen, said they were following up on reports of problems with the telephone system, engaged in conversation with the staff members, and pretended to test the phone system. O’Keefe, who had also entered the office, recorded the interaction between Basel, Flanagan, and the staff members. (more…)

From the Associated Press:

NEW ORLEANS (AP) – Four conservative activists accused of trying to tamper with a senator’s phones were just trying to record embarrassing undercover video of her staff ignoring phone calls from constituents angry that she supported health care reform, one of their attorneys said Thurday.

The four, including activist James O’Keefe, known for posing as a pimp and using a hidden camera to target the community-organizing group ACORN, were arrested Monday after targeting Democratic Sen. Mary Landrieu’s office in a New Orleans federal building.

Attorney J. Garrison Jordan denied they were trying to disable or wiretap the phones in Landrieu’s office.

“You’re dealing with kids,” he said. “I don’t think they thought it through that far.”

Instead, Jordan said, they hoped to get embarrassing video footage of Landrieu’s staff handling constituent calls. Her office received complaints last month that callers opposed to her health care stance couldn’t get through.

Landrieu was not impressed with Jordan’s explanation.

“Attorneys are hired to spin for their clients,” she said Thursday in an interview in Washington. “Good luck.” (more…)