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As amusing as it’s been to see O’Keefe’s antics demonstrate media bias, there is the concern about an obscure portion of the United States Code about misrepresenting yourself to gain access to a federal facility.
According to O’Keefe, videotape of the event will fully exonerate him. If we take that at face value, then all that is left is the charge of misrepresentation to gain access to a federal office.
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As the story leaks out about the real purpose behind the sting, expect media pundits and leftwing bloggers to begin harping about entering the building under false pretenses and demanding the full range of punishment. As you can see, that’s 6 month imprisonment and a fine as the maximum, which is still serious, but not a felony.
It is still instructive to look at other examples of entering official government buildings under false pretenses, especially when the perpetrators are none other than the fine staff members of ACORN (you just knew there was going to be an ACORN link, didn’t you?). Considering the media tour Bertha Lewis embarked on to claim O’Keefe’s arrest “is further evidence of his disregard for the law in pursuit of his extremist agenda,” we can take a look at the kind of secret undercover investigation of which Bertha Lewis does approve.
In ACORN vs. Deborah Scott, a lawsuit brought by ACORN and its allies against the Missouri Department of Social Services, an undercover member of ACORN went into state offices posing as a poor woman seeking welfare.
ACORN refers to this action as “secret shopper,” and uses it to bolster their case accusing the DSS of not providing voter registrations low-income citizens.
During the Week of May 7, 2007, Nyana Miller a staff member of
ACORN, conducted DSS offices surveys in St Louis City, St. Louis County,
Jackson County, and Clay County to determine whether they were providing
voter registration services as required by the NVRA. Miller conducted
“secret shopper” office visits to determine the availability of voter
registration services, signs, and the readiness of the staff to offer voter
registration services. She also surveyed DSS clients leaving DSS offices to
determine whether the client was offered voter registration services during
his or her visit. When Miller visited offices, she identified herself as a
person interested in applying for food stamps and tool contemporaneous
notes.
One wonders if there are any relevant Missouri fraud statutes about using false pretenses to apply for state aid. Miller conducted “secret shopper” office visits, where she identified herself as someone interested in applying for food stamps. UNDER FALSE PRETENSES! Shocking. This show of flagrant disregard for honesty doesn’t seem to be addressed in the rest of the court documents, but certainly we can agree that when it suits their purposes, ACORN has no problem lying to government officials to gather evidence. They like it so much they use the information gathered in court documents that would eventually bring them almost half a millon dollars in lawyer’s fees.