Mary Landrieu phone tampering case gets drawn out a bit (O'Keefe will walk)

[spotbird]

Source: nola.com

Louis Moore, the magistrate judge for the federal district court in New Orleans, agreed Wednesday to motions on behalf of the four to extend the time by which the U.S. attorney's office for the Eastern District must seek a felony indictment, press misdemeanor charges or drop the case.

Moore said the extension, which was unopposed by prosecutors, would offer the parties "additional time to conduct informal discussions and discovery and avoid or lessen additional proceedings," suggesting the possibility of a plea deal that would likely spare the four from facing felony charges.

Read more: http://www.nola.com/politics/index.ssf/2010/02/mary_landrieu_phone_tampering.html

---

How do I join the special club where the laws don't apply to me?

[gateley]

1. I was wondering what was going on with this -- and this is what I was afraid of.

Thanks for posting the update.

[eyeontheprize]

2. It was entirely predictable

One of them was quoted recently as saying, "We'll be fine."

There aren't laws anymore, unless you're black.

[peace13]

4. I agree there are no laws for the big boys.

The rest of us get tased for even a look that questions authority. Our society is really quite lawless at the top. These are dangerous times.

[louis-t]

9. Sorry, I disagree with your last sentence.

Kwame Kilpatrick is still walking around, driving his Escalade, living in a $250,000 house, has repeatedly refused to pay the amount the court says he owes the city of Detroit, has broken the rules of his probation several times, and probably will not go to jail. It is the well connected that get away with crime. I am white. If I spit on the sidewalk, my ass is in jail.

[eyeontheprize]

12. It is true there aberrational circumstances

in those rare examples that the black man is rich and influential

[RayStar]

15. Warrant has been issued for Little KK's arrest

I bet he is cuffed as soon as he steps off the plane.

[louis-t]

17. Wow, that's what I get for missing the news for a whole day.

I was remodeling my office all day yesterday.

[hlthe2b]

3. Become a class A asshole and ingratiate ourself to Faux News

and the Rethug infrastructure. (i.e., create the great lie that is beneficial to Repugnants)

[Doctor_J]

5. If talk radio were reveresed

O'Keefe would have already been either sent to prison or assassinated, Instead he will go back to a million-job job.

Revolution's going to be a real bitch for him and his ilk.

[Autonomy]

6. This kind of privilege is an equation

(White + male + family connections + republican + friends in high places (Fox) + location (Deep South))/ nature of crime (politically motivated crime against a Democrat) = dismissal.

[Kingofalldems]

7. I bet the freeper crowd is happy

Watch for them to show up here.

[mfcorey1]

8. The justice system is a joke.

:puke:

[Magleetis]

10. Just kids having fun

Now go home and don't let me see you around here again tonight. I lost all respect for the American justice system long ago. I do not often advocate violence but my hope is that one day POS O'keefe gets the ass-kicking he so righteously deserves.

[elias49]

11. The little sh** is neither journalist nor film-maker

He's an ass-clown with connections.
If this goes away, watch out.

[Blue_Tires]

13. i predicted this from the FIRST day...

let the story die down a little bit, and once it falls down the memory hole, a phone call is made to the judge and prosecutors...

I had joked that when all was said and done, charges against the 'plumbers' would probably be chiseled down to trespassing -- they may not even get that now...The moment I saw one of those kids was CIA I knew everything that followed would be a charade of mock justice -- Why do you think no one from Blackwater ever does any serious time, with their phone book of criminal activities??

[harmonicon]

14. get adopted

by someone very very very wealthy or connected.

[Soylent Brice]

16. become a republican.

:shrug:

[theblasmo]

20. Thank You

Said that myself, out loud.

[fascisthunter]

18. We Need to Make a Big STink about the GOP getting away with Criminal Behavior

this is fucking ridiculous... is this government being secretly run by the right wing? It sure seems that way, and I base that statement on much more than this.

[spotbird]

29. It wouldn't matter

Compared to what BushCo got away with, this is nothing. There simply aren't laws for them.

[JI7]

19. what if they were a group of black guys ?

or latino or arab ?

[KansDem]

21. We wouldn't have heard about it...

They'd be in prison, for sure, but we wouldn't have heard about it. Unless a "political message" was to be made...

[paulsby]

22. that trespassed under false pretenses?

the same thing.

everybody wants to play the race card every 10 seconds.

contrary to popular belief (READ THE FBI AFFIDAVIT), all they did that has been presented thus far was the trespassing thang.

phone tap?

no

at least in my jurisdiction, such a crime would warrant a fine and probation

granted, the feds overcharge EVERYTHING, but it's still not the crime of the century

watergate this aint

based on the histrionic postings here, i thought it might be a big deal too

then, i READ THE AFFIDAVIT

and realized it wasn't

remember, this is trespass. recall all the protestors etc. that get arrested for trespass at nuclear facilities military facilities etc.

this case isn't much more than that.

[spotbird]

23. So did I

they tried to enter the facilities area with intent..

[paulsby]

24. read the affidavit

Intent to WHAT?

did they have phone tap equipment?

nowhere in the FBI affidavit is that mentioned.

the intent was, as best can be determined by ACTUAL EVIDENCE was to get in so they could observe the phone bank and see if it was as busy as claimed.

*if* they had tapping equipment, intent could be inferred.

i have seen zero EVIDENCE (and no mention in the affidavit) of the possession of such items

hth

[boppers]

26. Link?

I'd like to read the affidavit...

[paulsby]

27. sure

http://www.scribd.com/doc/25899197/James-O-Keefe-FBI-affidavit

note that NOWHERE in the affidavit does it mention ANY tapping or other equipment.

nowhere.

nowhere does it mention that any tapping or other equipment was found attached the phones that they "manipulated"

i've written well over a hundred of these affidavits myself. i've worked with the FBI and the US attorney at least a couple of dozen times. i've read their affidavits.

trust me. *if* okeefe et al had actual phone tapping equipment, it *almost* certainly would be mentioned. i have yet to see any mention of same from any official investigative source. affidavits are especially useful because they are sworn statements vs. somebody just speaking off the cuff, with less preciseness.

note the affidavit refers to "interfering". interfering can be somehting as simple as picking up one of the phone handsets and listening. there is NO mention of phone tapping equipment.

of course the previous poster will shrink away vs. having the intellectual honesty to admit that no such evidence exists.

i am glad at least somebody looks at source evidence FIRST before jumping to conclusions (or stampeding towards the clitoris...)

[spotbird]

31. Where do you get your

definition of "maliciously interfere"?

[paulsby]

32. here's a reference that makes it pretty clear

what is being alleged. i'll give you some quotes and the cite...

"2) On January 25, 2010, individuals entered and attempted to gain entrance to the office and telephone system of United States Senator Mary Landrieu ... for the purpose of interfering with the office's telephone system. The individuals did so by falsely and fraudulently representing that the were employees of a telephone company."6) Basel requested to be given access to a telephone in the office, and Witness 1 allowed him access to the main telephone at the reception desk. Witness 1 observed Basel take the handset of the phone and manipulate it. Basel also tried to call the phone with a cellular phone in his possession. He stated that he could not get through....7) Thereafter Flanagan and Basel told Witness 1 that they needed to perform repair wok on the main telephone system and asked for the location o the telephone closet. Witness 1 directed Flanagan and Basel to the main GSA office....11) Based on the above information, your Affiant believes there is probable cause to believe that Flanagan and Basel by false and fraudulent pretense attempted to enter, and did in fact enter, real property belonging to the United States for the purpose of willfully and maliciously interfering with a telephone system operated and controlled by the United States.... Your affiant further believes that Flanagan and Basel were aided and abetted by O'Keefe and Dai to commit the entry for the purposes of interfering with the telephone system...By reading the above referenced language closely, you can see that the Agent is alleging ONLY a violation of Section 1036 -- entry under false pretenses for the purpose of committing a felony -- and he is NOT alleging the actual commission or attempted commission of that felony, i.e., interfering with a communication system.This description does not prevent them from being indicted for a violation of Section 1362 should the prosecutor decide to pursue that charge. But the complaint only alleged a felony trespass charge, nothing more."

let me repeat that. the "COMPLAINT ONLY ALEGED A FELONY TRESPASS CHARGE, NOTHING MORE"

http://patterico.com/jury/2010/01/28/a-quick-primer-on-federal-criminal-prosecutions-and-the-statutes-involved-in-the-okeefe-arrest/


the problem is twofold. one you have people relying on press accounts, off the cuff comments, and reading affidavits with NO training or experience in doing so.

and coming to erroneous conclusions.

i hope this clears it up

cheers

[spotbird]

28. ...willfully and maliciously

interfering with the telephone system....

Like it or not, it's there. They don't specify all the facts in the affidavit, that's what trials are for.

O'Keefe is special, he doesn't deserve criminal consequences.

[paulsby]

33. i repeat

READ THE FRIGGING AFFIDAVIT

and read the relevant analysis here...

http://patterico.com/jury/2010/01/28/a-quick-primer-on-federal-criminal-prosecutions-and-the-statutes-involved-in-the-okeefe-arrest/

that's an actual legal analysis.

my point stands

1) there is no evidence presented that they had any phone tapping equipment on them, or in their vehicle
2) there is no evidence they intended to tap any phones
3) "interfere" is a broad term. READ THE ANALYSIS, the affidavit, and the statute (the statute is referenced in the analysis)

this is not rocket science.

this is (at this point) a trespassing complaint.

[spotbird]

37. I repeat

the government does not release all information in the complaint. The man is accused of a serious crime in a federal building, he will avoid criminal consequences because he is a neofascist, and not some of brown skinned sort of criminal. I lived through white terrorism, it kills too, these guys encourage it.

[seeinfweggos]

30. the affidavit says "intent" to interfere with the phone system in a federal building

that's very different than being arrested for trespassing in a protest, no?

[paulsby]

34. not if you actually understand

the law and look at the evidence presented.

many, if not most of those arrested for trespass at federal facilities (hanford et al) due to protest are also "interfering" in some way (ingress/egress) etc.

READ THE ANALYSIS:
http://patterico.com/jury/2010/01/28/a-quick-primer-on-federal-criminal-prosecutions-and-the-statutes-involved-in-the-okeefe-arrest/

there is a problem when people with little to no experience in reading affidavits and federal code jump to conclusions.

read it. with an open mind

[seeinfweggos]

35. specifically interfering with the phone system in this case

which would imply something quite different than blocking a doorway. or ingress/egress as you say. it would seem to imply screwing with the communications system.

[paulsby]

36. try reading the federal code

and the analysis

you can talk about implications all you want

i am trying to explain this to you.

there is NO evidence presented that they had ANY sort of equipment that could be used to tap a phone, or disable a phone system.

"interfere" is a broad term, and if you read the analysis, you would understand why

as i said, it was a trespassing case, and nothing more

and the legal analysis agrees

hth

"By reading the above referenced language closely, you can see that the Agent is alleging ONLY a violation of Section 1036 -- entry under false pretenses for the purpose of committing a felony -- and he is NOT alleging the actual commission or attempted commission of that felony, i.e., interfering with a communication system.This description does not prevent them from being indicted for a violation of Section 1362 should the prosecutor decide to pursue that charge. But the complaint only alleged a felony trespass charge, nothing more.It is also now being reported, as Patterico's post from last night indicates, that law enforcement officials are saying that O'Keefe and the others intended to, in some manner, disable Landrieu's phone system in an effort to see how Landrieu's staff would react to the fact that constituents couldn't get through, and to possibly capture that reaction and their comments on video.If that is true - and I'm not convinced that the press is accurately reporting what they are being told - then O'Keefe and the others have a serious problem under Section 1362. No defense of "public interest" or "journalism" is going to get them out from under an effort to disable a Senator's phone system, IF it is true that they intended to do that when they entered the building and her offices.On the other hand, if their only purpose was to demonstrate on video that the current state of the phone system was that it was working or not working, and their intent was to return later with that video to press the Senator or her staff on their claim that constituents were unable to get through to her because her phone system was not funtioning properly, then I would not be surprised if no indictment was filed, or if something is filed, that it is a charge under Subsection (b)(2) of Section 1036, which would be a misdemeanor. A conviction under that section would likely result in a fine and probation."

[spotbird]

38. "Maliciously interfere ..."

If a couple guys with foreign sounding names were accused of doing this at McConnell's office they'd want the perpetrators in Gitmo without basic constitutional rights. It's nice for them that they are so special .

[tom_paine]

25. And the Lil' Kinder and Gentler Nazis walk...AGAIN

Who could have forseen THAT coming?

:rofl: :puke:

[spotbird]

39. No one

Why they even bothered to arrest them is a mystery.

[jmowreader]

40. Got a perfect sentence for these four

Take it down to a very strong misdemeanor. Sentence them to 1000 hours community service...at ACORN. I'm certain they have PLENTY of garbage to pick up or something suitable for our little fiends.