Rightwing activists and propagandists James O'Keefe and Hannah Giles, employees of con-artist and propagandist Andrew Breitbart, may not use the First Amendment as an excuse for breaking the law in California, according to a federal judge's ruling this week.

Judge M. James Lorenz rejected the defendants' argument and motion for summary judgment in federal court, as part of the civil lawsuit filed against them by former San Diego ACORN worker Juan Carlos Vera.

Giles had previously thrown O'Keefe under a bus by arguing that she should not be held accountable at all for violating California's Invasion of Privacy Act [CA Penal Code § 632], since he, not she, was actually wearing the hidden video camera used to secretly tape their conversations with Vera, even after they had asked if their meeting would be kept confidential.

For his part, O'Keefe, a convicted federal criminal, argued that he was allowed to violate the law because the U.S. Constitution's First Amendment protected him as a "journalist". The judge ruled against the defendants on all points...

Hey, Andy, you're famous! Just like you always wanted to be!

Apparently, these are popping up all over town out here in L.A.

NOTE: I have nothing to do with it, even as it would be impossible for me (or anybody with any knowledge of reality) to disagree with the message.

[Note: SD City Beat has now corrected their story as per our criticism in this article. See the UPDATE at bottom of this article for more details.]

The story quoted below, detailing Hannah Giles' attorneys tossing Rightwing hoaxster James O'Keefe "under the bus," comes from San Diego City Beat this week.

Please note, however, that SD City Beat's Dave Maass is still, unfortunately, misleading readers by incorrectly reporting that O'Keefe played Giles' "fake pimp partner" or that he ever "pos[ed] as a pimp" in the scam video tapes featuring deceptively and "severely edited" secretly-recorded interviews with ACORN employees.

O'Keefe never played or posed as a "pimp" in those interviews, as we spent a good portion of 2010 illustrating to the world, such that both the New York Times and its then-Public Editor Clark Hoyt both, eventually, were forced to admit in partial corrections to their repeatedly inaccurate reports making the same misleading claims.

It's a shame that Maass is still inaccurately reporting that part of the story here, as his report is otherwise good in bringing us up to date on the latest in the law suit filed against O'Keefe and Giles by former ACORN worker Juan Carlos Vera, one of those targeted by the hoax video tapes made by O'Keefe and Giles and published by their employer, Rightwing con-man Andrew Breitbart...

Just thought we should flag this one while Dick Cheney is still around (and while Obama is still in office).

According to Business Week, the former CEO of Halliburton will soon be wanted for arrest on bribery charges by Nigeria, with whom the U.S. has a long-standing extradition treaty. As well, they may also be asking Interpol, whom the U.S. is supposed to be cooperating with, to help in seeking Cheney's arrest. All of this at a time when Rightwingers (and some non-Rightwingers) are calling on Interpol to arrest WikiLeaks' Julian Assange for...something or other.

All of which may put the U.S. in "a very awkward position", according to Georgetown University's Constitutional Law professor Jonathan Turley, who discussed that --- and the Obama Administration's collusion with Republicans to protect the Bush Administration from torture charges in Spain, as we've now learned from recently released WikiLeaks cables --- on MSNBC last night...

I'm loath to even spend time on this jerk, particularly as I'm busy working on a couple of deadlines about things and people that actually matter. But I've got to take just a moment to flag the details on the latest victim of convicted federal criminal and Rightwing creep James O'Keefe and his employer/pimp/propagandist Andrew Breitbart. See Bob Braun's column at yesterday's Star-Ledger for the full details, but in short, the latest victim of the continuing O'Keefe/Breitbart assault on decency in this nation was a New Jersey special education teacher named Alissa Ploshnick.

In 1997 Ploshnick was lauded by President Clinton after risking her life to save those of a dozen school kids in Passaic where "She threw herself in front of a careening van to protect her students and landed in the hospital with broken ribs, a fractured wrist, a badly bruised pelvis and glass cuts in her eyes."

As Braun notes, "She could have died." This year, however, she was lured into another deceptively edited, hidden video "exposé" created by the criminal and serial liar O'Keefe...

It took nearly a week of The BRAD BLOG bitching, moaning, emailing, complaining, and tweeting to the Washington Post, its ombudsman, and, of course, the author of the story, Alexandra Petri, who had blatantly misreported, twice in the same article at Dana Milbank's "Rough Sketch" blog, the long-ago debunked myth that Rightwing con-man and dirty trickster James O'Keefe had "dressed up as a pimp to interview members of ACORN" in his scam video tapes that shamefully took down the four-decade old anti-poverty, pro-democracy organization based on his hateful hoax.

As we detailed in our original report on Petri's inaccuracy last week, O'Keefe never dressed as a pimp and never even represented himself as a pimp in the offices of ACORN. The truth about all of that had been publicly available to know for almost a year before Petri misreported on it in the pages of the Washington Post last week.

Given that the Washington Post published another related story over a year ago with a number of similarly misleading inaccuracies in it, which they have yet to correct even after all this time, perhaps we should be happy it took less than a week this time around for the right thing to be done at the paper.

Petri has finally, nearly a week later, corrected her article, as she notes in the following email sent to us this morning...

Alexandra Petri writing on Dana Milbank's "Rough Sketch" blog at Washington Post:

For chrissakes, you're the WASHINGTON POST! Get the story straight please!

O'Keefe NEVER "dressed up as a pimp to interview members of ACORN." Never. Not once. Ever. It was a hoax. Period. Just like his criminal operation at Sen. Mary Landrieu's office in New Orleans (for which he is still on probation), and the CNN sexual assault/wiretap scheme.

How many times are you guys gonna fall for it and keep misreporting the same damaging, inaccurate story?

That he NEVER "dressed up as a pimp to interview members of ACORN" has now been documented, in no uncertain terms, over and over again for nearly a year. Not just by The BRAD BLOG repeatedly, but by his own accomplice Hannah Giles (twice, including once on video tape!), and by one official investigation after another, going back nearly a year.

For example, here's former MA Attorney General Scott Harshbarger's report [PDF] from December of 2009:

For the record, when you issue your swift correction (which I hope you'll do immediately and transparently and loudly), before you make yet another mistake, as the NYTimes did when issuing theirs, O'Keefe also did not "represent himself as a pimp" to ACORN workers either. He represented himself as the boyfriend of the girl/prostitute (played by Hannah Giles) trying to save her FROM an abusive pimp who was trying to kill her.

Jesus. It's not the first time WaPo has misreported on this matter. But we figured they'd have figured out the scam by now. Apparently not.

Please issue a correction immediately. Thank you. And good lord. (This is how James O'Keefe, Andrew Breitbart, and the rest of their crew get away with lying again and again and again. Incredible.)

P.S. If you want to report on the story --- in your own MD backyard, Washington Post --- why don't you cover the fact that O'Keefe has now violated Maryland's Wiretapping and Electronic Surveillance Act again and again (and now, likely, the terms of his federal criminal probation), as we laid out yesterday, and the fact that MD law enforcement officials seem to be doing absolutely nothing about it?!

UPDATE 10/1/10, 12:50pm PT: It has been nearly 48 hours since the Petri/Milbank story was posted containing the egregious mistakes noted above, and yet there has still be no correction. Over the past 24 hours we've notified both @Milbank & @Petridishes via Twitter multiple times; have notified WaPo's "Corrections" address (Corrections@WashPost.com); and have notified their Ombudsman Andy Alexander who has responded with Alexandra Petri's email address so we could contact her that way directly, which we have. And yet, still no correction for the blatantly innaccurate reporting.

During those same 24 hours, Milbank has posted one item, and Petri has posted two --- one as recently as two hours ago, another a few hours earlier than that today --- so we know they are both around to make the corrections. They have apparently chosen to not correct their inaccurate reporting.

Next time you are told how the "professionals in the MSM fact-check their work, but bloggers don't," please feel free to keep this incident handy.

(Thanks to Eric Boehlert at Media Matters for picking up this story today!)

UPDATE 10/1/10, 3:46pm PT: Incredible. Petri has just posted yet a third item on Milbank's blog without bothering to correct the O'Keefe "pimp" story. I've left a comment on every one of her blog items since, pointing back to this article and asking her what gives and if she ever intends to correct her blatant inaccuracies. Hope you'll consider doing same until she accurately and transparently corrects the story. Milbank's blog is here.

UPDATE 10/3/10, 11:36am PT: It has now been four days since Dana Milbank allowed Alexandra Petri's complete inaccuracies about Rightwing con-man James O'Keefe and ACORN to be posted on his WaPo blog without correction. The paper's corrections editor, their ombudsman and both Milbank and Petri have been notified many times. They continue to appear not to give a damn that they are blatantly misinforming their readers and the nation.

UPDATE 10/5/10: SUCCESS! After nearly a week of prodding, Petri has finally issued a correction! Though even older WaPo misreports, by other journalists, on this same matter, are still unaddressed. Full details now posted here...

Convicted federal criminal and Rightwing dirty-trickster James O'Keefe appears to have flagrantly run afoul of the rule of law yet again. This time, he appears to have violated and/or conspired to violate Maryland's Wiretapping and Electronic Surveillance Act. It would not be the first instance of him having done so.

The apparent violation(s) of state felony laws, revealed today as part of what is being reported as O'Keefe's "botched" attempt to "punk CNN", comes on the heels of O'Keefe's previous apparent violations of the very same laws in MD, though law enforcement officials have yet to hold him accountable, to date, for those previous offenses.

Documents and other material produced by CNN today suggest that O'Keefe secretly, and illegally, taped phone calls he had with CNN's investigative journalist Abbie Boudreau, and conspired to secretly video tape her in a compromising situation, also in violation of MD law.

O'Keefe, who is currently on probation after pleading guilty to a federal misdemeanor following another botched scheme in Louisiana earlier this year, seems to have broken similar laws last year in a number of states, including Maryland, where he secretly video taped employees at the offices of the community organization ACORN in Baltimore. Despite requests to MD law enforcement by a non-profit watchdog organization for a criminal investigation into the previous apparent violations of the state's felony wiretap laws --- and despite recognition of the "possible" violation of those laws in a number of law enforcement investigations elsewhere --- no action has been taken to date by state officials...

Guest blogged by Ernest A. Canning

Robin Abcarian of the Los Angeles Times appears to be the type of reporter comedian Stephen Colbert had in mind during his blistering act at the 2006 White House Correspondence dinner:

"Here's how it works: the president makes decisions. He's the Decider. The press secretary announces those decisions, and you people of the press type those decisions down. Make, announce, type. Just put 'em through a spell check and go home. Get to know your family again. Make love to your wife. Write that novel you got kicking around in your head. You know, the one about the intrepid Washington reporter with the courage to stand up to the administration. You know - fiction!"

As revealed by her front-page Los Angeles Times article, "Swinging at the left, hit or miss," Abcarian, apparently armed with nothing more than the baseline, mainstream media accounts of the Shirley Sherrod scandal, paid a visit to the West Los Angeles office of the man whom Brad Friedman aptly described as a "pathological liar" and "race baiter;" jotted down Andrew Breitbart's latest spin about himself and the Shirley Sherrod fiasco, and then dutifully spit out a fawning account which accepted at face value Breitbart's latest claim that he simply failed to "wait for full video" of the Sherrod speech, and which described Breitbart as a "new-media phenom;" a "transformed...liberal" who became "a star of the 'tea party' movement" after experiencing an epiphany during the confirmation hearings of Supreme Court Justice Clarency Thomas, whom Breitbart describes as "an American hero" who was unfairly targeted by "a cavalcade of Caucasians asking...about his very private video rentals!"

In Abcarian and the Los Angeles Times, Andrew Breitbart, the consummate con-artist, had found yet another vehicle for rewriting history...

On Saturday, Arthur S. Brisbane, the New York Times' new Public Editor, filed his debut column. He takes his difficult post following the reign of the former Public Editor Clark Hoyt, the disastrous 'weasel' (cartoonist Tom Tomorrow's infamous depiction, not ours, though we have no quibble) whose contract ended last June.

In the first column of his new thankless role, Brisbane mentions among others, as part of his description of the Times' "substantial infrastructure for responding to public complaints," Senior Editor/Standards Greg Brock. Readers of The BRAD BLOG will remember Brock for helping to kick off what became a 70-some part series here on the "paper of record's" horrendously damaging and inaccurate coverage of Andrew Breitbart, James O'Keefe, and Hannah Giles' ACORN "Pimp" Hoax.

Brock, as some of you will recall, had responded to a reader's request for correction on a number of stories in which the Times had misreported that O'Keefe had dressed as, and represented himself as a "pimp" in the offices of ACORN, even though, as we reported repeatedly beginning early this year, he never had, as first based on the information in the independent report that had come out several months earlier from former Massachusetts Attorney General, Scott Harshbarger. Though the paper had reported on the "pimp" scam in a number of articles, they had never so much as even mentioned the Harshbarger report [PDF] which accurately stated that O'Keefe never dressed in the "outlandish" outfit the Times (and other media outlets) had reported him as wearing while interviewing ACORN workers.

Worse, the paper continued to misreport that point long after Harshbarger had disabused the world of that notion, by noting clearly that "at each and every" ACORN office visited by O'Keefe with his partner Hannah Giles (who was dressed as a "prostitute") he was "dressed like a college student - in slacks and a button down shirt" and even though ACORN had stated on the record, based on interviews with their employees who were there, that "O'Keefe was not wearting that absurd costume when he visited our offices."

The Times' inaccurate reporting directly preceded the passage of federal legislation which was passed overwhelmingly by the Democratic-majority Congress and signed by the President to defund the four-decade old, anti-poverty, pro-democracy community organization, even though it was all a hoax. O'Keefe had never dressed as a pimp --- or even represented himself as one --- but merely edited his videos to appear that way, as acknowledged in at least three subsequent official reports. Nonetheless, lazy coverage in the NYT had bought it all, and reported it all, hook, line, and unverified sinker...

A number of noteworthy news items occurred yesterday while I was on the hot, hot, hot Midwestern road for the entirety of the day. These are several among those items...

Greene Indicted on Obscenity Charges

South Carolina's mystery Democratic nominee for the U.S. Senate (the one whose election "victory" is only explicable through malfeasance or malfunction of the 100% unverifiable ES&S iVotronic touch-screen voting systems) was indicted on obsenity charges yesterday. One of the charges was an "extremely rare" felony count. The state Democratic Party chairwoman, Carol Fowler --- the one who presided over the 5-hour Executive Board protest hearing by Greene's primary opponent Judge Vic Rawl who argued that voting machine failure was the only explanation for the unknown, jobless, money-less, campaign-less Greene having "won" --- has asked him, again, to voluntarily step down from the nomination. When asked if he'd be willing to accept the nomination if Greene steps down, Rawl has told The BRAD BLOG previously that he'd cross that bridge when/if he came to it.

Appelate Court Backs Congressional Defunding of ACORN

A 3-judge panel (two Rs, 1 D) on the 2nd District Court of Appeals has unanimously reversed [PDF] the ruling of a federal district court judge last March concerning the Congressional defunding of ACORN in light of deceptively-edited video tapes published by Rightwing propagandists Andrew Breitbart and James O'Keefe. The appellate court determined that Congress can target a specific group for punishment, despite what the district court judge had identified as an unconstitutional Bill of Attainder in light of the government having "offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct." U.S. District Court Judge Nina Gershon had previously granted injunctive relief to the four-decade old community organization after finding they were barred "from federal funding without either a judicial trial or an administrative process applicable to all government contractors." The 3-judge appellate panel disagreed. ACORN's legal representation has called the decision "deeply flawed," says they are planning to ask the full court for reconsideration, and added "We cannot let Congress act like judge, jury and executioner without any hearings at all."

O'Keefe Accidentally Admits to Being Immoral

And speaking of ACORN, the Rightwing dirty trickster and federal criminal James O'Keefe who hacked together secretly-taped videos in order to phony up the idea that the anit-poverty, pro-democracy community group was committing some sort of crimes, has, according to Think Progress, admitted during a recent speech that what he does is "the nadir of morality." ("Nadir" means "lowest point", versus "zenith" which means "highest".) No worries though. O'Keefe's employer, the discredited, pathological liar Andrew Breitbart, has plans to deceptively re-edit the video of O'Keefe in order to "fix" that little Freudian slip.

Stephanie Comes Out!

Finally, the most fun news of the day comes from progressive radio talker and friend of The BRAD BLOG, Stephanie Miller. During a moving program yesterday, Miller announced to listeners that she was gay, noting that it's been an "open secret" among close friends and family for years, but that a "perfect storm" of events (the recent federal court ruling that CA's Prop 8 ban on same-sex marriage was unconstitutional and the fight to repeal the federal "Don't Ask, Don't Tell" policy in the military, etc.) led her to the belief that it was the right moment to come out to her listeners and the public. The BRAD BLOG sends our props and kudos to Stephanie for her courageous decision. The audio of her "coming out" segment, follows below...

[As noted, I'm on the road this month, so blogging has been catch as catch can for me while on the roll. Have had terrible net access from the road of late. So apologies for the lateness of this one --- and others I've been trying, but failing, to log over last day or three, but haven't been able to. But better posting this here late, rather than never. For the record.]

The host of Late Night with David Letterman, during his interview with MSNBC's Rachel Maddow last week, used uncharacteristically harsh language to describe the discredited Rightwing hitman, race-baiter and pathological liar Andrew Breitbart. Yes, he called him an asshole...

The news this summer has largely focused on an unstoppable, slimy, toxic, oozing gusher polluting our nation. That, and on the BP oil disaster.

As to the unstoppable, slimy, toxic, oozing gusher, the Associated Press has continued in the recent tradition of its failed corporate media brethren by gracing Rightwing propagandist Andrew Breitbart with yet another puff profile piece today. The more Breitbart reveals himself to be a fully-discredited, pathological-liar, race-baiter and opportunist, it seems, the more the corporate media regard him as a player in modern Republican politics. That kind of makes sense when you think about it.

If one regards the "crazy-cons" that have become today's GOP as little more than one half of today's Right/Left, Red/Blue, Republican/Democratic, Conservative/Liberal "politics as usual" --- if, by "usual", one means the years immediately proceeding the American Civil War --- then why not offer another friendly profile to one of the four top leaders of that once-legitimate party? (The others being Beck, Limbaugh and Palin.)

So that's what AP's Michael R. Blood did today.

Since we tell the truth here at The BRAD BLOG, rather than just make shit up, and were, in no small part, somewhat responsible for helping to demonstrate to the nation that Breitbart's only actually "successful" disinfo campaign --- his faked ACORN "Pimp" Hoax tapes --- were completely phony, the AP has neither profiled us, nor even called us for comment as a "critic" of Breitbart's for their story. (They haven't issued corrections for their myriad of articles which misreported the ACORN story either, for that matter).

All of that makes sense, of course, because, as Media Matter's Eric Boehlert points out today, "in [their] 2,100-word profile coming in the wake of Breitbart's Sherrod debacle, the AP only set aside 13 of those words to quote a Breitbart critic."

And even those 13 words --- reported by Blood as "Critics said the heavily edited [ACORN] tapes shaped a deceptive narrative" --- are quickly made moot by AP as little more than an indeterminable, open-ended, he-said/she-said "charge Breitbart denies". Close enough for corporate mainstream media work, apparently.

Boehlert describes it this way...

No wonder rightwing extremist Andrew Breitbart is so angry about the outrageous insult to his fellow clansmen. Can't imagine where that "racist" NAACP came up with the crazy idea that there are "elements of racism" in the Tea Party. [Hat-tip Maddow Blog.]...

And while we're on the topic, kudos, at least, to former National Review editor David Klinghoffer for correctly identifying in an LA Times opinion piece over the weekend, the hateful disaster that has become the once-legitimate, now insane-beyond-repair conservative movement in this nation. The item is headlined "From neocons to crazy-cons" and is aptly sub-titled: "Once the conservative movement was about finding meaning in private life and public service. But it has undergone a shift toward demagoguery and hucksterism."

Here's a few more grafs worth reading. Breitbart might be heart-broken, if he had one. [Hat-tip Eric Boehlert.]...