Election Law Experts Say James O’Keefe Accomplices Could Face Charges Over Voter Fraud Stunt

[LanternWaste]

"It was one of the few — if not the only — coordinated efforts to attempt in-person voter fraud, and it was pulled off by affiliates of conservative activist James O’Keefe at polling places in New Hampshire Tuesday night. All of it part of an attempt to prove the need for voter ID laws that voting rights experts say have a unfair impact on minority voters.

Now election law experts tell TPM that O’Keefe’s allies could face criminal charges on both the federal and state level for procuring ballots under false names, and that his undercover sting doesn’t demonstrate a need for voter ID laws at all."

http://tpmmuckraker.talkingpointsmemo.com/2012/01/election_law_experts_say_james_okeefe_accomplices_could_face_charges_over_voter_fraud_stunt.php?ref=fpb






May have already been posted, but I didn't see/find it.

[Richardo]

1. Good.

Assholes.

[TheWraith]

2. I've said it before and I'll say it again.

Anyone who thinks that "activism" is a license to break laws is an egotistical asshat. Whether they're O'Keefe or the OWS people who whined because they got arrested for trespassing after only being warned twice. No, your "cause" does not mean your shit doesn't stink.

[Hugabear]

5. I was with you until you began attacking OWS protesters

"OWS people who whined because they got arrested for trespassing after only being warned twice"

Huge difference between violating federal and state election laws and exercising one's right to freedom of speech.

[roguevalley]

21. agreed, hugabear

[hang a left]

41. Got your back there nt

[blackspade]

57. No doubt!

Conflating OWS and O'Keefe is silly.

There is no similarity.

[UnrepentantLiberal]

62. I guess this is why I'm not a member of

the BOG.

[Warren Stupidity]

7. massive hijack to slam OWS.

Have a nice day.

[LanternWaste]

8. First time I've ever heard Rosa Parks described as such...

"Anyone who thinks that "activism" is a license to break laws is an egotistical asshat..."

First time I've ever heard Rosa Parks described as such...

[gratuitous]

11. Well, when you're making stuff up

You might as well go all the way. I haven't heard any of the Occupy people complaining about being arrested; the ones I know are perfectly cognizant that they're breaking the law, and they're doing it for a reason. As such, they're willing to accept the consequences.

Now, that sort of commitment makes some people very uncomfortable. Those types like to assume certain positions in an attempt to portray themselves as contrarian or iconoclastic or something, but when push comes to shove, they reliably scurry back to the safest position. But the show isn't complete until they bad-mouth the folks who have the courage of the convictions they wish they had. As boringly predictable as the wetness quality of water.

[chervilant]

38. Boringly predictable, AND,

a stellar reason to utilize the ignore option. I think I should add "sanctimonious" to my list of reasons to add someone to my ignore list...

[gratuitous]

66. Good for you!

I've been under close, hostile surveillance by armed state and federal troops in Mexico while visiting Zapatista and displaced communities in Chiapas. And they weren't inclined to just "walk past."

[Bandit]

15. Was it LAW that blacks sit in the back or just Policy?

I don't believe it was actually written LAW.

[LanternWaste]

16. Local (city and county) statutes combined with Jim Crow

Local (city and county) statutes and policy (written, by the way) combined with Jim Crow results in a distinction without a difference.

Irene Morgan in 1946, Sarah Louise Keys in 1955, and Claudette Colvin (on the very same bus system nine months before Parks) were placed in jail for doing precisely the same thing.

[Warren Stupidity]

29. You don't know that segregation was a set of laws that separated us racially?

Seriously?

[yardwork]

49. Yes, it was written law. That's why MLK was in Birmingham jail. Sometimes breaking the law is needed

Civil disobedience to get people to recognize unfair laws and change them has a long tradition in the U.S. The oppression of African American people in many parts of the U.S. was legal until about fifty years ago. Amazing, isn't it?

[roguevalley]

22. awesome reposte. awesome.

[yardwork]

50. Lots of people probably felt that way about her at the time. They're on the wrong side of history.

[yodermon]

10. false-flag / dirty-tricks / well-poisoning / Rovian tactics are NOT civil disobedience. n/t

[blogslut]

13. I think you may be getting your terminologies confused

Activism does not always equal civil disobedience, which, is most certainly the act of breaking laws in order to bring attention to a cause/message.

[msongs]

19. does that include german jews who fought back in the 1930's? nt

[Kolesar]

25. TheWraith bravely ran away

You'll find him here http://www.democraticunderground.com/?com=view_post&forum=1002&pid=154743

[Hugabear]

26. I see that

[UnrepentantLiberal]

64. Yes, but he has the courage to taunt us in

cyber space.

[bullwinkle428]

31. Conflating the OWS movement with O'Keefe and his minions is a new low for you, dude.

OWS-ers "whined" only after they were absolutely brutalized by the police.

[sabrina 1]

32. Which OWS people 'whined' about being arrested?? Didn't you know that before each act of

civil disobedience, OWS asks those who are willing to be arrested to let them know so they can be given the legal help they will need. Not one OWS activist has whined about being arrested that I know of. They have been trained on how to handle themselves when arrested, which they expect. They are courageous patriots who are willing to go to jail for what they believe.

What everyone has complained about is the brutality of the police, the near murder of two Iraq War vets who were peacefully protesting, the near killing of others by someone yet to be identified who drove a car into a crowd of protesters among other crimes committed by the Corporate POlice.

What O'Keefe does is sneaky, slimey, and has already been determined to be illegal after his little stunt in the Democratic Senator's office for which he is still on probation. And he skirted the law when he attempted to lure a female reporter into a 'sex trap' but thankfully the reporter was warned by one of his own 'colleagues'.

He did so again recently, his creepy obsession with women has led him twice now to coming right up against the laws on sexual harassment and close to abuse had someone not stopped him.

He is also funded, which OWS are not, by powerful donors and his goal is to destroy democrats.

I fail to see even a remote resemblance to what this piece of scum has done to decent people, and the OWS movement. Not even close.

He is being sued by several people, but one thing is for sure, someone is protecting the weasel and one day he is going to hurt someone as one of his friends already did.

If a democratic activist had done one tiny fraction of what this scum has done, they would be in jail. Which is why it is necessary to find out who he works for. My guess is Rove.

[Zalatix]

34. What was the point of lumping OWS into this?

[klook]

60. To get everybody arguing about OWS and whether Occupiers are better or worse than Rosa Parks,

or Nazis, or something, apparently -- instead of focusing on the OP, which is about how James O'Keefe's minions not only failed miserably to demonstrate the need for draconian anti-voter fraud measures, but in fact perpetrated voter fraud themselves, and therefore should be thrown UNDER the fucking jail.

[jerseyjack]

40. Your post assumes the orders to leave were legal.

Bloomburg found out his actions were illegal and the park was reopened.

[Civilization2]

44. What an asshat comment.

Unjust laws are to be willfully broken, (civil rights, etc) that is often the first step in changing them. OWS activists where arrested under BS police state lies and abuse of law-enforcement powers.

These right-wingnuts are not "activists", they are propagandists for degenerate corporatists.

[fascisthunter]

47. You Win the Anti-Populist Idiot Effort Award

[Spazito]

54. Wow, tying OWS and O'keefe's actions as the same is ridiculous...

perpetrating voter fraud vs protesting the inequities of the 1%, hmmmm, nope, not the same at all.

O'Keefe wants to keep people from having the right to vote, especially the poor, minorities, etc.

OWS wants fair treatment for everyone instead of for the chosen few.

[UnrepentantLiberal]

65. I cut and pasted this so I could save it.

I've said it before and I'll say it again.

Anyone who thinks that "activism" is a license to break laws is an egotistical asshat. Whether they're O'Keefe or the OWS people who whined because they got arrested for trespassing after only being warned twice. No, your "cause" does not mean your shit doesn't stink.

- TheWraith, Wed Jan 11, 2012

[Blue Owl]

3. This piece of shit actually has his own patsies? WTF???

Unreal.

[Uncle Joe]

56. Even shit has flies. n/t

[FSogol]

4. RW Activitists breaking the law = "stunts and pranks"

Throw the asswipes in jail.

[Bozita]

6. Former Dem Party official sentenced to jail earlier today - link

http://www.democraticunderground.com/1002154192

[Kingofalldems]

9. Arrest him and his cohorts

Also probable violation of probation.

[denbot]

12. Organization used to break laws..

A repug administration would use RICO statutes to go after these asshats.. I would not lose sleep if RICO charges were brought against O'keefe.

[Erose999]

45. I wouldn't lose all that much sleep if he were declared an enemy combatant and thrown into GITMO.

I mean eavesdropping on a Senator, and now attempted election fraud... are we sure he's not working for Al Qaeda?

[nxylas]

46. I want Gitmo closed

But if he was sent to a regular prison, I wouldn't complain. I'm sure his fellow prisoners will be receptive to his excuse that he was only trying to illustrate the sorts of unscrupulous things that those sneaky black people would get up to if we don't keep an eye on them.

[Erose999]

48. I'm just saying that if the house GOP is so intractible about keeping GITMO open they should have

to sacrifice a few of their own terrorist operatives to do it.

[Quantess]

14. Douches.

[Tarheel_Dem]

17. K&R

[Scuba]

18. Jail 'em. n/t

[AnotherMcIntosh]

20. Will Holder prosecute any of them? Or will this be another free-pass for Republicans?

What's with the general immunity for Republicans? What do they have to do to get arrested and prosecuted?

Remember, one of the high-level Republicans even gave a televised interview in which he publicly admitted his role in being a war criminal and approving torture which was described as waterboarding. The result? No prosecution.

Remember the banksters who engaged in massive fraud? And still no prosecutions.

If James O’Keefe is not prosecuted at the federal level, he must be a made man.

[IthinkThereforeIAM]

59. Perfect Storm...

... that GOP operatives are in the headlines for obtusely violating election laws, state and local, no less! Can you imagine defending any person (hi, beetfart) that got busted in the act while committing election fraud!

Just looking at what this could turn into, if those of us in favor of honesty, can beat WTFox Noise to the punch on this one.

[Bolo Boffin]

23. The first video has a screen grab of them obtaining a ballot for someone who died December 31, 2011

How exactly is the district supposed to eliminate that registered voter so quickly?

Since the Republicans can't find any actual cases of voter fraud, it is necessary to invent them.

[yellowcanine]

24. Here is a good analogy to show just how stupid this is.......

Election law expert Rick Hasen, who writes the Election Law Blog, joked in an email to TPM that O’Keefe’s team should “next show how easy it is to rob a bank with a plastic gun.”

[Kolesar]

27. The repukes have found the TPM comments section

There is some nasty stuff attached to that story.

[Kingofalldems]

28. Kick this one right back to the top

[sabrina 1]

30. Couldn't happen to a nicer bunch of people.

[hootinholler]

33. I think the term is misprison of felony?

DU lawyers, is that correct? When the O dude asked his people to break the law, doesn't he become the mastermind? Isn't this a conspiracy?

I hope the US Attorney in NH takes this seriously.

[The Wizard]

36. bin Laden

ordered mass murder. He didn't carry out the act. Charles Manson is in the same category.

[AnotherMcIntosh]

39. There are other terms, but the term misprison of a felony isn't applicable.

Under the common law of England, misprision of felony was a failure by a person other than an accomplice or co-conspirator to report knowledge of a felony. It was only punishable as a misdemeanor.

Federal law and state laws in some states criminally prohibit a unpriviledged knowing failure to report a felony. Such statues, for example, and not applicable to spouses, priests, and attorneys when there are conditions which have created a privileged relationship. Prosecutions under such statutes are rare. If a prosecutor can obtain a conviction, they usually want to base a conviction upon what a person actually did as opposed to what they did not do.

Under Federal law, 18 USC § 4 provides
"Misprision of felony -- Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

New Hampshire law, NH Rev. Stat. Ann. § 642:5 requires the receipt of a benefit or the anticipated receipt of a benefit for the somewhat related crime of compounding a felony while providing
"Compounding -- A person is guilty of a misdemeanor if he: I. Solicits, accepts, or agrees to accept any benefit as consideration for his refraining from initiating or aiding in a criminal prosecution; ...

[hootinholler]

53. Thanks!

I didn't think I had that quite right

[47of74]

35. Me to Mr. O'Keefe

Have fun in prison, asshole.

[DonCoquixote]

37. from this paper's lips

to Hell's ears. This man has deserved jail for years, ever since he tried bugging Mary Landrieu.

[ejbr]

42. Move along

iokiyar

[jerseyjack]

43. Frog March that smarmy weasil.

[lonestarnot]

51. Yeah.

[Bake]

52. I think there's a big difference between civil disobedience (OWS, e.g.) and voter fraud (O'Keefe).

Civil disobedience has a long and honored history. Voter fraud, not so much.

Bake

[zeemike]

55. Let's not wory to much about them

Republicans and their operatives never go to prison....they plead guilty to a lesser charge and the judge asks them nicely not to do it again....or next time it will be a sternly worded letter.

[pansypoo53219]

58. they lose the right to vote.

right/ RIGHT?!?

[DirkGently]

61. We get it James. You like to smear people by lying to them & then blaming them for believing you.

That's such an amazingly powerful propaganda technique that ... NO ONE'S BUYING IT.

Jesus. Kid's not super-bright.