Bills of Attainder, Acorn, Unintended Consequences
 

U.S. Rep. Robert Wexler, D Florida, voted against the measure to defund Acorn because he considered it an unconstitutional bill of attainder.

A bill of attainder, forbidden in Article I, Section IX of the constitution, is a legislative act that imposes punishment on a specific person or group without a trial or hearing.

http://www.postonpolitics.com/2009/09/is-de-funding-acorn-an-unconstitutional-bill-of-attainder/

If the vote against Acorn is based on fraud by a group receiving federal funds, or promotion of or engagement in prostitution, then most of the large military contractors are up for being defunded on the same grounds.

Dyncorp, or certainly numerous of its employees in Bosnia, are widely considered guilty of not just counseling someone else on a prostituion scheme, but of running its own, a large one involving juveniles shipped in from out of country.

http://www.prisonplanet.com/articles/january2006/010106sexslavescandal.htm

http://archive.salon.com/news/feature/2002/08/06/dyncorp/index.html

And if fraud at Acorn is the main target, will it turn out that the bill to defund them will also apply to Halliburton/KBR and the other large contractors possibly guilty, excuse me, GUILTY of defrauding the US govt? That's guilty and paid large fines in many cases.

But Dyncorp, Lockheed, Halliburton/KBR, and on and on are still getting large, LARGE govt. contracts. Meanwhile Rrs in congress are out to save the republic by getting rid of a group who has actually done some good here and there. Further, the undercover sting pair went to other Acorn office, I can't find how many, but did not get the response they wanted. Those videos have not been posted.

I'm not saying Acorn doesn't need to clean house in a big way. I'm just a bit curious at the laser like focus on this one group. I wonder why that is . . . wait, could this be the Obama corollary of Monica Lewinsky/Paula Jones, a handy club for Rrs to beat up on him with? They wouldn’t stoop to something so transparent, would they?

Flaming liberal Rachel Maddow has done some good reporting on this although she’s not the only one talking about it:

http://www.msnbc.msn.com/id/26315908/#33027963

Congress funded Acorn; I think it can legally de-fund Acorn. De-funding here is not considered to be a punishment but an act of legislation.

Perhaps. But are the grounds for dismissal being improperly applied to this relatively small player for political reasons? And not applied to others on the same grounds?

The contrast between Dyncorp's prostitution problem and Acorn's are gigantic.

Something tawdry here beyond a few Acorn employees.

Certainly politics are afoot, but that doesn't make it a bill of attainder. Corporations make donations to campaigns and employ constituents. Acorn doesn't do much of that.

Here's a better version of it:

http://www.thenation.com/blogs/notion/477607/oops_the_acorn_ban_could_snag_lockheed_catholic_charities

Continuing the GOP's attack on the poor people's organizing group ACORN, the House and Senate -- by wide margins -- have voted to bar ACORN from receiving federal funding on account of fraudulent activity.

Let's hope the legislators enjoy their gloat and then get right back to business. Passed in a flurry of bloviating bluster, The Defund ACORN law is written so broadly that it just could come in very handy.

Rep. Alan Grayson (D of Florida) has already asked the Project on Government Oversight (POGO) to find out which other contractors might be caught in the ACORN ban-net.

When it comes to fraud felons receiving federal funds -- Lockheed Martin and Northrop Grumman top the list, with 20 fraud cases between them. Where military contractors go, the cash-for-killers at Blackwater (now XE) are rarely far behind. (Indeed, see Jeremy Scahill's story.) And then there's Halliburton and the magically disappeared federal cash for troop services and Iraq reconstruction. (Has anyone seen that $9 billion? )

Fraud by recipients of the $750 billion financial bailout program is bound to show up soon. Earlier this year, federal investigators said they had opened 20 criminal probes into possible securities fraud, tax violations, insider trading and other crimes by TARP recipients.

If Congress - including scores of Democrats -- can get this hot and bothered over the $50 million ACORN's supposed to have received over the past 15 years they're going to become hysterical about the BILLIONS received by banks in the blink of a brokers' eyelid.

Not to be left out, several supposedly faith-based groups, recipients of federal grants, currently stand accused of misspending taxpayer cash to cover for child-molesting clergy.

To name just one, in at least two cities Catholic Charities stands accused of using federal funds to settle or cover up sex abuse charges, but that didn't stop Catholic Charities from receiving a federal government contract this August for $100 million to work with victims of natural disasters.

Bankers, brokers, bomb-makers, and let us not forget the child molesters... This could all get very interesting very fast. I can hardly wait to turn on the television. Lou Dobbs, Glenn Beck. Who's going to be first with the outrage?

It is a political act with the skids greased by thinly veiled racism.

Nope...I think Rep. Wexler (D-FLA.) just mis-spoke... :rolleyes:

Congress did not "fund" ACORN anymore than it "funded" Halliburton. ACORN holds government contracts, for which it is paid for doing work.

ACORN needs to get out of that business, IMO, and concentrate on what it does best, which is to organize the powerless into voting blocks. While I agree they are the victims of a political hit job, they are obviously a very poorly managed organization, and poor management is a good enough reason to end their participation in these type of contracts.

right. I don't think anyone with any sense really finds one minutes long video of a particular ACORN rep counseling one case of an apparent pimp/prostitute as proof of pervasive high crimes.

ACORN was a target, and they got burned by one of their many counselors. That's all it takes. Unless you have the $$$ Dyncorp or Blackwater or Halliburton do.


It's obvious hypocrisy for the big guys to continue to get government funds, and is corruption as opposed to fraud, but they weren't funded. They were contracted.

Congress gave funds-funds is money- to Acorn. The name of the mechanism accomplishing that funding isn't important. The action of revoking the funds is not a bill of attainder, which is the subject of this thread.

Funny how nobody brings up the constitutionality of certain acts of Congress as being specifically targeting a single group-especially one that is not in "favor". The 70's Windfall Profits Tax comes to mind....

There are only so many Haliburtons, Dynacorps, etc, etc. My excuse would be that I have no choice but to go to them. Of course the kickbacks make no neverminds. :rolleyes: Why do you think we put up with "cost overruns"? WTF!! You estimate something and bid on it with a lowball and then you bump up the costs? So what is the point of bidding then?

ACORN is a different story. Toss them and I look good. Keep them and the votes I get are suspect. Why not?

Or the AIG Tax. After all, they are targeting big corps. That makes them look good that they are going after the rich.

Undercover ACORN Filmmaker Under Arrest

The independent filmmaker who brought ACORN to its knees last year with an undercover expose was arrested this week along with three others, including the son of a federal prosecutor, and accused of trying to interfere with the phones at Louisiana Sen. Mary Landrieu's office.


From NYT:

All four of the people arrested in New Orleans were charged with entering federal property under false pretenses with the intent of committing a felony. At least two of the four people were dressed in telephone company work clothes and construction hats when they were arrested.

Oops. Carrying self-righteousness a couple of steps too far.

Looks like they are going to carry it right into a Federal prison. And with Democrats deciding which one. Let's see, looks like this one in Fairbanks, Alaska will work, they will be nice and close to Ms. Palin.... Or perhaps a stay with the Columbian drug runners and Haitian alien smugglers will work better at "rehabilitating" them ....

hmmm. i thought karl rove had retired. :D

No, this only shows how unstoppable Rove has become. No longer is his input needed on various actions, all that's needed is for one of the many loose knit, ad hoc, globally scattered cells of acolytes to plan their own action and carry it out.

O'Keefe spent most of the time in the men's room off the jail's lobby, then hustled to the cab when it arrived. As he ran into the back seat, he called out, "The truth shall set me free."

Robert Flanagan's attorney, J. Garrison Jordan, said he believes his client works for the Pelican Institute. Asked the motivation for the alleged wiretap plot, he said: "I think it was poor judgment. I don't think there was any intent or motive to commit a crime."
http://www.nola.com/politics/index.ssf/2010/01/acorn_gotcha_man_arrested_for.html

Get out the connect the dots blackboard , I have yet to see where the GOP denies funding O'keefe. Salt Lake County GOP cancels keynote address after New Orleans arrest

Plan B » Party's big annual fundraiser will find new featured speaker instead of O'Keefe.
By Dan Harrie
The Salt Lake Tribune

Updated: 01/27/2010 07:50:08 AM MST




Salt Lake County Republicans are scrambling to line up a new keynote fundraising speaker after the arrest Tuesday of their scheduled first choice, filmmaker James O'Keefe, on charges of attempting to tamper with the phone system of a U.S. senator.
"The allegations and arrest today certainly change our plans," county GOP Chairman Thomas Wright said in a telephone interview with The Tribune. "We'll be announcing a new speaker shortly."
As of Tuesday night, the party's Web site, slcogop.com, still advertised O'Keefe as the guest speaker for the Feb. 4 Lincoln Day Dinner. His topic was to be "his national exposé of ACORN's unethical behavior, his changes in Congress and [how he will] inspire our Party's passion for a grassroots comeback."
The fundraising announcement said donations of $4,000 to $7,500 would entitle contributing groups to have access to elected Republican officials and the guest speaker at a VIP reception. Wright said the Web site and other promotions would be altered soon to reflect a change.
"We're disappointed," he said of O'Keefe's arrest on felony charges. "He doesn't necessarily represent the Republican Party."

No intent or motive to commit a crime? Then why were they dressed up as telephone repairmen, and why did they lie about who they were, and why did they trespass on government property, attempting to gain access to the telecom room? Man, that lawyer's got to have one straight face to say that without laughing.

"Don't just respond to news, but actually create your own headlines," O'Keefe is quoted as saying by CampusReform.org. "Louisiana families are shocked and outraged that these men would break the law to carry out their political agenda with this Watergate-like break-in and attempted wiretapping," McHale said in the statement, which also claimed Louisiana Republican Sen. David Vitter has "ties to some of the players involved" and called on Vitter to "immediately denounce" the suspects and anyone else involved. http://www.cnn.com/2010/POLITICS/01/26/senate.office.break.in/index.html?hpt=Sbin

Messing around in a US Senator's office is dangerous, and stupid.
They are in the hands of the law, now.

They further screwed up by taking the son of a US attorney with them. There will be no leniency given to him because of political reasons. And it will be difficult to treat the other 3 differently from him.

Now, if we apply "TV Law & Order: 101" . . . who are the Feds going to try to "flip?" It's usually the weakest link or the accused that can give up the "higher ups."

I kinda feel for these guys. They got their heads filled with notions of being heroes of the conservative movement and ended up flying a little too close to the sun.

I hope we find out the details of they had planned. It was probably a prank, but they were incredibly stupid in entering a Federal building to play it.

Was anyone at ACORN ever charged with a crime?

Not at the national level, but there have been arrests and convictions of ACORN field workers and contractors, just as there have been "conservative" voter registration worker convictions.

they should have worn a blue dress

How long before we hear the drumbeat that the Obama justice dept. is going balls to the wall with a revenge prosecution against these idealistic, freedom loving young patriots?

They all should have joined the New Black Panther Party first, thereby inoculating them selves against prosecution! They could have just flashed their membership cards and walked away with the DOJ seeking only an injunction barring them from displaying trespassing tendencies within 100 feet of a Democrat Senator’s office for the next three years- action that is already illegal under existing law, just like Minister King Samir Shabazza in the Philly voter intimidation case!

I dunno. The facts haven't all been discovered. If it's just 4 morons playing a prank I think there's really nothing to be gained by a heavy handed prosecution. They've already ruined any future credibilty, execpt with the usual gang of fascists.

Please be good enough to share with us the many instances of Black Panther Party members abusing and menacing law abiding citizens since the champion of all things African American and Negro was inaugurated. Or since he began his run for the office of POTUS.

Here's one:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/22/MNUP18SLOO.DTL

There was that story about some panthers at a tolling place last fall looking sorta menacing. Maybe they thought they were witnesses to the election, who knows. I don't recall any charges or arrest.

Watergate-like?
They snuck in, in the middle of the night, using duck-tape to hold the door latch in the "open" position?
And a night-watchman caught them?

Wow! And I thought most folks would have used a different way to sneak into a Democrat's office!

Some folks never learn. Or have a very limited imagination.

Watergate-like?

Geez....... :rolleyes:

More like moths into the flame.