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UPDATED: SacBee corrects their story. (That wasn't so hard now, was it, NYT?!)...
By Brad Friedman on 4/2/2010 12:03pm PT  

Is it really this hard for anybody in the corporate media --- the folks who actually get paid to do this job --- to get this story right??

From McClatchy/Sacramento Bee's much-linked coverage on yesterday's finding by the CA AG that ACORN workers in California, as seen in James O'Keefe and Andrew Breitbart's "severely edited" pimp hoax videos, "committed no violation of criminal law":

But while McClatchy/SacBee misreports "O'Keefe...claimed he was a pimp," the report [PDF] released by CA AG Jerry Brown yesterday afternoon --- the very one that is being reported on in the article(!) --- notes quite specifically: "He never claimed he was a pimp."

Yeesh. Yet I'm the one who doesn't get paid to do this, so has to beg for donations every month! (Hint.)

The McClatchy/SacBee misreport was filed on their website last night. I notified the paper's editors, along with the article's reporter Jack Chang, about the error via email last night. As well last night, I called the paper, left a polite voice mail for their corrections editor, and then spoke personally to their City Desk editor who kindly thanked me for letting him know about the error. Today, via email, Chang kindly sent a thanks as well. As of 11:51am, however --- and dozens of dozens of misinformed readers having left comments on the article --- no correction has been made to the article on the SacBee's website.

Is it really this hard? Only took two-months for the New York Times to post its partial correction. Let's hope McClatchy/SacBee do the right thing a bit sooner.

* * *

UPDATE 2:40pm: Well, that was much easier. SacBee has now issued a correction which gets the story much closer to the actual facts...

--- Click here for REST OF STORY!... ---

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Unreleased raw footage reviewed by AG Jerry Brown's investigation was obtained from Rightwing activists O'Keefe and Giles in exchange for immunity from prosecution
Contradicting MSM coverage, O'Keefe 'never claimed he was a pimp,' 'did not act as a journalist'...
By Brad Friedman on 4/1/2010 10:36pm PT  

Echoing the recent report of the Kings County, NY, District Attorney who completed a five-month probe finding "no criminality" seen in video tapes secretly taken of low-level ACORN and ACORN Housing workers last year in New York, California's Attorney General has now reached a similar conclusion regarding videos recorded in three different cities in the Golden State last Summer, according to a report released today which finds the workers "committed no violation of criminal law."

While describing "highly inappropriate behavior" by some of the workers caught on secret video tapes made by Rightwing activists, CA AG Jerry Brown's report finds that "the evidence does not show that the ACORN employees in California violated state criminal laws in connection with their conversations" with activists posing as a prostitute and her boyfriend.

In a press release announcing his 28-page report [PDF] (and accompanying 55 pages of attachments and exhibits [PDF] with it), the AG's office says the publicly released videos taken in Los Angeles, San Diego and San Bernardino were "severely edited."

Brown's statement in the announcement is highly critical of Rightwing activists James O'Keefe III and Hannah Giles, who posed as a prostitute and her law school boyfriend in the videos posted on Rightwing media mogul Andrew Breitbart's "Big Government" website last year and played extensively on Fox News, as well as other non-partisan media outlets.

"The evidence illustrates that things are not always as partisan zealots portray them through highly selective editing of reality," says Brown in the statement. "Sometimes a fuller truth is found on the cutting room floor."

His report notes that the office's "investigation has involved attorneys from all three legal divisions – Criminal Law, Public Rights, and Civil Law – as well as Special Agents from the Department’s Bureau of Investigation and Intelligence" and included a review of "the unedited recordings made by O’Keefe and Giles."

In exchange for "immunity from prosecution," O'Keefe and Giles provided "the full, unedited videotapes" to Brown's office who, therefore, "did not determine if they violated California's Invasion of Privacy Act" when secretly recording the ACORN workers. Those workers, he notes in his report, may still "be able to bring a private suit against O'Keefe and Giles for recording a confidential conversation without consent."

O'Keefe, Giles, and Breitbart have previously refused to release the unedited footage of their videos publicly. Brown's report details why they likely did not wish to, as important, often exculpatory details from each encounter were not included in the edited versions, released to much partisan fanfare last year.

The unedited California videos have now been posted on the CA Attorney General's website. (They are also linked at the end of this article.) The press release also notes that the AG has unedited tapes from other cities outside of California as well. The BRAD BLOG has made a request for those videos from the office of the Attorney General.

'Severely Edited'

The description of the videos as "severely edited" also echoes the Brooklyn D.A.'s office, which was quoted as describing them as a "heavily edited splice job" when his report was released several weeks ago.

Brown's report also echoes an independent investigation [PDF] released by former MA Attorney General Scott Harshbarger early last December, but unreported in the New York Times and many others. That report was commissioned by ACORN as an external review. In it, Harshbarger found serious organizational concerns with the four-decade old community organizing group, but "no pattern of criminality" as seen in any of the highly-edited, heavily-overdubbed video tape releases.

Despite repeated official investigations finding a complete lack of criminality in any of the O'Keefe/Giles/Breitbart tapes --- other than by the filmmakers themselves, who may have broken the law in at least two different states by secretly taping workers --- ACORN recently announced that the publicity from the hoax videos had succeeded in drying up their private funding, and forced them to shutter their doors as of today.

Of the four ACORN employees O'Keefe and Giles met with in three different California cities, none "committed, solicited or conspired to commit any criminal acts," says Brown in his report. "There is no evidence that any of the ACORN employees had the intent to aid and abet such criminal conduct or agreed to join in [O'Keefe and Giles purported] illegal conduct."

The Attorney General also confirms that O'Keefe never appeared in any of the offices "dressed as a 1970s Superfly pimp," as he had been edited to appear at the beginning and end of each of the videos. Neither did O' Keefe ever claim to be a pimp to any of the workers whose good natures, AG Brown says, O'Keefe and Giles preyed upon...

--- Click here for REST OF STORY!... ---

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With Brad Friedman & Desi Doyen...
Not April Foolin' Edition!
By Desi Doyen on 4/1/2010 1:45pm PT  


TWITTER: @GreenNewsReport
The 'GNR' is also now available on your cell phone via Stitcher Radio's mobile app!

IN TODAY'S RADIO REPORT: Another record storm for the Northeast; Another climate scientist exonerated and another phony "ClimateGate"... PLUS: It's no April Fool's: Obama opens up offshore drilling ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

Listen online here, or Download MP3 (6 mins)...

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IN 'GREEN NEWS EXTRA': U.S. solar startup already sold out; The death of another proposed coal-fired power plant?; EPA blocks Texas from easing Clean Air Act scrutiny; BIG jump in clean tech venture capital funding; Natural gas drilling upends landowners' lives, property; 12 dead in 2nd China mine accident in a week; Solving global warming in 7 paragraphs; McDonald's food won't decompose? ... PLUS: Looking Ahead: ‘Britain’s Appalachia’ engineers a brighter post-coal future ...

Info/links on those stories and all the ones we talked about on today's episode follow below...

--- Click here for REST OF STORY!... ---

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Rejects DoJ attempt to invoke so-called 'State Secrets Privilege'...
By Brad Friedman on 3/31/2010 7:34pm PT  

What a shock...

WASHINGTON — A federal judge ruled Wednesday that the National Security Agency’s program of surveillance without warrants was illegal, rejecting the Obama administration’s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush.
...
The ruling delivered a blow to the Bush administration’s claims that its surveillance program, which Mr. Bush secretly authorized shortly after the terrorist attacks of Sept. 11, 2001, was lawful. Under the program, the National Security Agency monitored Americans’ international e-mail messages and phone calls without court approval, even though the Foreign Intelligence Surveillance Act, or FISA, required warrants.
...
[Plaintiff's attorney] Jon Eisenberg, said Judge Walker’s ruling was an “implicit repudiation of the Bush-Cheney theory of executive power.”

“Judge Walker is saying that FISA and federal statutes like it are not optional,” Mr. Eisenberg said. “The president, just like any other citizen of the United States, is bound by the law. Obeying Congressional legislation shouldn’t be optional with the president of the U.S.”
...
The ruling is the second time a federal judge has declared the program of wiretapping without warrants to be illegal.
...
But Judge [Vaughn R.] Walker limited liability in the case to the government as an institution, rejecting the lawsuit’s effort to hold Robert S. Mueller III, the F.B.I. director, personally liable.

So, it was illegal, as long argued. Yet nobody will go to jail for it, naturally, because Presidents, particularly George W. Bush, and their men, though theoretically "bound by the law," as Eisenberg says, are still above the law, apparently.

For you Tea Baggers: The comment section below is open so that you can let us hear your arguments as to why you believe that Barack Obama should be allowed to violate the law and the Constitution in order to read your emails and listen to your phone calls, at any time, and for whatever reason he chooses, without ever receiving court approval, the way you used to argue that Bush was allowed to do.

For you non-Tea Baggers in the reality-based world: We'll note here that the Judge in this case also, thankfully, rejected the DoJ's attempt to invoke the so-called "State Secrets Privilege" as "first asserted by the Bush administration and continued under President Obama."

The SSP is what the Bush Administration had twice used to gag FBI whistelblower Sibel Edmonds for so many years, successfully ensuring that her case would never see the light of day in a court of law, despite her appealing the Administration's use of the draconian and (previously) rarely-invoked "privilege" all the way to the U.S. Supreme Court.

Can we assume then that the "State Secrets" the Bush Administration was hoping to keep from seeing the light of day in the Edmonds case were even more of a national security threat than exposing the fact that the Government was spying, illegally, on anybody in this country that they wanted to?

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By Brad Friedman on 3/31/2010 3:13pm PT  

Sorry this took a few days to get posted. Have been busy. As noted last week, on Saturday I made my third appearance in as many years at the annual "L.A. Media Reform Summit" sponsored by CA Common Cause. It was again held at Occidental College, and I was honored to serve as their keynote speaker for the first time this year.

Below is the video of my full speech, in which I discussed the serious crisis we now face as our corporate mainstream media hit full fail mode. That point, as I argued, is exemplified by 1) the massive failures of the old "dead tree" media to meet their constitutional responsibilities to help protect the public from bad guys (as illustrated by the NYTime's months of damaging and flagrant misreporting on the ACORN "Pimp" Hoax, as we've been covering at The BRAD BLOG for months), and 2) the full, rightwing take-over of nearly every inch of the public's broadcast spectrum by a handful of corporations that do not meet their FCC license obligations to manage those airwaves in the public's interest (as we've been covering at The BRAD BLOG and elsewhere for years).

I also discussed your responsibility in doing something about both of those serious problems!

The video is posted below the fold, since it's about 40 minutes in all, and might otherwise get interupted by the main page's auto-refresh routines. Enjoy. And get to work!...

--- Click here for REST OF STORY!... ---

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GOP operative Caroline Hunter could face disbarment, according to first in series of investigative reports at RAW STORY
Related: Disgraced vote cager, Rove protégé Tim Griffin now running for Congress...
By Brad Friedman on 3/31/2010 8:05am PT  

[Updated below with details on the second part of Jacobson's series, just posted at RAW STORY, in which he ties together Hunter's EAC appointment and dubious tenure, representing the RNC's nefarious "voter fraud" fraudster wing (which is to say, pretty much the entire RNC these days!) The second in the series offers important info and a good reminder of the names you'll be seeing again soon, singing the same old phony, discredited "voter fraud" songs once again as November nears, as sure as the sun rises in the East.]

Brad Jacobson has filed the first in a series of exclusives at RAW STORY concerning GOP operative and Bush-appointed FEC commissioner Caroline Hunter. [Disclosure: Jacobson has blogged at The BRAD BLOG in the past.] Here's the lede for his first excellent investigative report yesterday:

Caroline Hunter, a Bush-appointed Federal Election Commissioner who remains in office, provided misleading statements under oath in an effort to conceal Republican National Committee involvement in vote suppression activities during the 2004 presidential election, a Raw Story investigation has found.

Legal experts say Hunter's submission of such statements under oath is a serious ethical and professional breach which could warrant a bar review and potential disbarment. At the time, Hunter was serving as deputy counsel to the Republican National Committee.

The report goes on to detail how Hunter --- who, as The BRAD BLOG has highlighted over the years, had previously been allowed to serve as a commissioner on the U.S. Election Assistance Commission (EAC) --- deceptively misrepresented the facts, on behalf of the RNC, in a 2004 voter caging hearing in federal court.

Jacobson quotes election law experts, including two long-time former DoJ Voting Section attorneys, who argue that while the way she couched her sworn testimony may "shield her from perjury charges," the statements she gave may "still pose ethical problems that potentially could result in her disbarment."...

--- Click here for REST OF STORY!... ---

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'Bush's Brain,' Fox propagandist threatened with citizen's arrest, unable to finish book-signing event...
By Brad Friedman on 3/30/2010 3:05pm PT  


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By Brad Friedman on 3/30/2010 1:42pm PT  

Via Sahil Kapur at RAW STORY:

The ends justify the means, say The Yes Men, but only as long as you're going after the right people.
...
"For O'Keefe and Breitbart to be targeting ACORN is incredibly sad and pathetic," [Yes Men co-founder Mike] Bonanno told Raw Story. "Most of its members are lower-income home owners, so these are model Americans --- pull themselves up by their bootstraps type of people --- people who are often very poor."

In a videotaped conversation with blogger Mike Stark at last month's CPAC convention, Breitbart, probed about the morality of O'Keefe's actions, pointed to The Yes Men as an example of progressive activists using similarly questionable means to attain their goals.

But it's not his and O'Keefe's tactics that The Yes Men take issue with; it's whom they're taking aim at, and the now-extinct community group didn't deserve the treatment, Bonanno alleged.

"It's why you're lying and who's gaining and who's losing as a result," he said. "There are liars and there are assholes. What James O'Keefe is doing is making a lot of lower-income people lose, unfortunately. And it's supported by a bunch of very nasty, mean-spirited people."

Here again is the video referred to above, which The BRAD BLOG originally published on March 1, where Andrew Breitbart invokes The Yes Men near the very end after he's already been forced, by journalist Mike Stark, to toss his own employee, James O'Keefe under the bus for having duped him --- or so Breitbart, an accomplished and acknowledged liar, is now claiming...


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With Brad Friedman & Desi Doyen...
By Desi Doyen on 3/30/2010 1:10pm PT  


TWITTER: @GreenNewsReport
The 'GNR' is also now available on your cell phone via Stitcher Radio's mobile app!

IN TODAY'S RADIO REPORT: China beats the U.S. --- again; EPA vetoes mountaintop removal permit for first time; Rightwing's (very mature) response to Earth Hour; Trapped coal miners in China; WV Chamber of Commerce fights against coal miner disability payments... PLUS: Sarah Palin recycles! (2008, that is) ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

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IN 'GREEN NEWS EXTRA': IPCC head cleared of financial wrongdoing; Convictions in Rio Tinto mining bribery case; Mandatory solar power building codes for India; Mysterious whale die-off is largest on record; Emission Control Area created around U.S. and Canadian; EPA to crack down on toxic chemicals in water; Oil giant Koch Industries funds climate change deniers ... PLUS: News Flash: WMO says world still getting hotter ...

Info/links on those stories and all the ones we talked about on today's episode follow below...

--- Click here for REST OF STORY!... ---

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IOKIYAR...
By Brad Friedman on 3/29/2010 4:38pm PT  

If you've not heard, over the weekend it was announced that the felony charges against James O'Keefe --- who famously, never actually posed as a pimp in ACORN offices --- and his three co-conspirators in the matter of attempting to illegally access the phone system of U.S. Senator Mary Landrieu (D-LA) in New Orleans, have been reduced to misdemeanor charges.

It's believed likely that the agreement was part of a plea deal. The reduced charges would carry a maximum prison sentence of 6 months and a fine of $5,000, versus the maximum sentence of 20 years for the felony charges.

MORAL 1: If you're going to attempt to feloniously enter federal property under false pretenses in order to manipulate the phone system of a sitting U.S. Senator, make sure a) you're an operative for the Republican, not Democratic, Party (remember: IOKIYAR!), b) you do not have an Arabic sounding name and, most importantly, c) you have as one of your co-conspirators the son of the acting U.S. Attorney in the same state where you are attempting to commit your crime.

MORAL 2: If you get caught and arrested while doing any of the above, even if, as your attorney says, you're just "kid," be sure to be a "kid" who has the ample funding and high-powered connections to employ, for your defense, a superstar GOP attorney such as one who was powerful enough to have represented the U.S. Senate Republicans during the Watergate Hearings nearly 40 years ago and during the witch-hunt investigation of the Clinton administration in the 90's.

Here endeth the lesson.

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By Brad Friedman on 3/29/2010 1:05pm PT  

I'm tremendously moved and honored to join the extraordinarily distinguished list of previous honorees in accepting the BuzzFlash "Wings of Justice" award.

My humblest thanks to BuzzFlash and their founder Mark Karlin for both their kind recognition, as well as for their many years of tireless, unflinching, and independent work in the fight for truly progressive values.

Here is their official award announcement, detailing their reasons for granting us the award, in their words, "for Tenaciously Pursuing Stories Exposing the GOP Others Ignore." They also call me a "junkyard dog"...and I like it!

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Your opponent, SoS Trey Grayson, overseeing the election, has a disturbing history on the issue of electronic voting systems
Legal action NOW may help to prevent surprises later...
By Brad Friedman on 3/28/2010 1:10pm PT  

Rand Paul, son of Rep. Ron Paul (R-TX) is running for the GOP nomination for U.S. Senator to replace the retiring Sen. Jim Bunning in the state of Kentucky. Paul, who has been endorsed by the likes of Sarah Palin, is running against Republican Party insider, KY Sec. of State Trey Grayson, who has been endorsed by the likes of Dick Cheney. Primary Election Day is set for May 18th.

Grayson's disturbing history of misrepresenting the truth in regard to certification of the state's electronic voting systems should be of great concern to Paul and his supporters, particularly given the state's rich history of confirmed election fraud by election insiders --- which includes tampering with e-voting systems to change voters votes --- and the fact that much of the state still uses electronic voting systems which are 100% unverifiable in any way, shape or form.

Of equal concern are the hand-marked paper ballot systems used in other parts of the state. Those electronic systems are also at risk to both simple, nearly undetectable manipulation by insiders as well as tallying errors, and have been found to feature serious security flaws highlighted in the past by the state's own former Republican AG. Even admissions by one of the voting machine companies, Diebold, that systems in use in the state did not meet certification requirements, were largely dismissed, and all but ignored for years by Grayson, the state's chief election official who will be overseeing his own election against Paul in May...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 3/26/2010 2:40pm PT  

Just a quick note to mention I'll be presenting Saturday's (3/27) keynote address at the "Media Reform Summit" sponsored by CA Common Cause here in Los Angeles at Occidental College @ 11am. The theme of this year's conference is, appropriately enough, "Preserving Democracy."

After appearing on panels at each of the past two year's conferences, I'm honored to have been invited back to offer this year's keynote and am much looking forward to it. (Here's some video/text-transcript from my first appearance two years ago, on a panel alongside then-Congresswoman, now-Sec. of Labor Hilda Solis.)

If you're in the 'hood and can drop by, please do! I'll work to make it worth your time! More details, including directions, other speakers/panels, etc. are all available here...

* * *

POST-CONFERENCE UPDATE:

Video of keynote address is now posted here...

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Mixing it up with, and calling out the mainstream media...
By Brad Friedman on 3/26/2010 2:10pm PT  

I had the pleasure to appear on San Francisco public radio's "Friday Media Roundtable" on their Your Call program today (heard on KALW in San Francisco and KUSP in Santa Cruz).

Along with the NYT's massive ACORN "Pimp" Hoax fail, we also discussed and critiqued media coverage of healthcare insurance reform, the latest in the U.S./Israel diplomacy theatrics, and even a bit on the guilty verdict for Kentucky election officials yesterday. Joining me on today's panel, along with host Sandip Roy, were Alex Wayne of Congressional Quarterly and Sherine Tadros of Al Jazeera English.

The audio is posted below, and I believe it's well-worth giving a listen to --- particularly in regard the direct disagreement that Wayne and I got into over the media's failure (as I see it, though he didn't), to have covered the substance of healthcare insurance legislation, while devoting an inordinate amount of coverage to the politics of that debate instead.

(Continue reading below for more on that, more on how the NYT's Public Editor Clark Hoyt illustrated the very crux of the media's failure on so many stories of importance to the public, and for the audio of the show itself)...

--- Click here for REST OF STORY!... ---

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Delay suggests 'prejudice, bias' by 'paper of record' in favor of Rightwingers...
By Brad Friedman on 3/26/2010 1:29pm PT  

Read the text transcript here...

[Hat-tip BRAD BLOG commenter "BlueHawk"]

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