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James O'Keefe

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James O'Keefe
Born
James E. O'Keefe III

(1984-06-28) June 28, 1984 (age 40)
Alma materRutgers University,
(B.A. philosophy, 2006)
Occupation(s)Speaker, filmmaker
Years active4
Known foractivism and film-making
Notable workHidden camera videos of ACORN workers (2009)

James E. O'Keefe III (born June 28, 1984) is an American activist-filmmaker[1][2] who came to national attention in the United States in September 2009 after releasing selectively edited[3] videos that purported to show[4] the community organizing group Association of Community Organizations for Reform Now (ACORN) advising a couple posing as a pimp and prostitute how to set a up a brothel with underage girls.[5] As a result, Congress cut ACORN's federal funding and the organization was pushed to the brink of bankruptcy[6][7], forcing the organization to disband and shut all its offices.[8][9] California Attorney General Jerry Brown later stated "ACORN members exhibited terrible judgment and highly inappropriate behavior in the videotapes," and "[O'Keefe] said he planned to use the prostitution proceeds to run for Congress."[10]

O'Keefe has created other videos affecting the public funding of organizations which he considers corrupt, including Planned Parenthood.[11][12][13][14] O'Keefe has been called a "guerrilla documentarian"[15] and a "daredevil videographer."[16] He has described himself as an investigative journalist without formal training" who follows Saul Alinsky's rule of making "the enemy live up to its own book of rules."[17] O'Keefe often confronts subjects undercover and caricatures their social values by carrying them to outlandish extremes.[18] Most media coverage describes him as a conservative[11][12][19] as he was once employed by Morton Blackwell at the Leadership Institute.[20] O'Keefe describes his politics as a "progressive radical." Cite error: The <ref> tag has too many names (see the help page). He has expressed admiration for the philosophies of British writer G.K. Chesterton[12] and soviet novelist Aleksandr Solzhenitsyn.[21]

On January 26, 2010, O'Keefe filmed two others dress up as telephone repairmen, visit the office of Senator Mary Landrieu, and tell the staff they were responding to the complaints of constituents who couldn't get through to discuss the healthcare bill.[22][23] O'Keefe was arrested and initially charged with the intent to commit a felony.[24][25][26][27] On March 26, 2010, the felony charge was later dropped and O'Keefe was charged with a misdemeanor charge of entering a federal building under false pretenses.[28]. David Shuster of MSNBC was suspended indefinitely due in part to reporting that O'Keefe was was “not a journalist,” that he “intended to tap phones” and that he “will go to prison.”[29][30][31][32]


Personal life and education

O'Keefe grew up in Bergen County, New Jersey. His father is a materials engineer, his mother is a physical therapist, and his younger sister is a painter and sculptor.[33] His father has said that the politics of the family home were "conservative but not rigidly so."[33] O'Keefe graduated from Westwood High School, where he showed an early interest in the arts, theater, and journalism.[33] He played the leading role in a 2002 production of the musical Crazy for You[12] and attained the highest rank, Eagle Scout in the Boy Scouts of America.[33]

O'Keefe earned a bachelor's degree in philosophy from Rutgers University in 2006.[33] During his college days at Rutgers, he founded the Rutgers Centurion, a conservative student newspaper.[34] In one of O'Keefe's first videos, he and a few other students attempted to ban Lucky Charms from the campus dining halls on the grounds the breakfast cereal was racist against Irish-Americans.[35] In the video, O’Keefe quickly exhibited his absurdist improvisational style, telling a school official that the leprechaun on the cereal box appeared as “an Irish-American” who is “portrayed as a little green-cladded gnome or huckster.”[18]

Following graduation, he worked for Ben Wetmore at the Leadership Institute in Arlington, Virginia traveling to various colleges to train students how to start up independent newspapers.[33] According to Morton Blackwell, the president of the Leadership Institute, O'Keefe's longstanding ambition was to catch his subjects in videos "breaking the law."[33] O'Keefe, however, stated to the Los Angeles Times that his videos "are not supposed to necessarily show people breaking laws. They are supposed to change hearts and minds."[36]

O'Keefe attended UCLA Law School for one year before turning full-time to a career in investigative journalism.[33] O'Keefe currently works as a speaker and video producer. In addition, in a January 26, 2010 interview, Andrew Breitbart, editor of the Drudge Report and owner of Breitbart.com, BigGovernment.com, BigHollwood.com and BigJournalism.com, says he pays O'Keefe a salary for his "life rights".[37]

Planned Parenthood controversy

In 2006, O'Keefe began working with UCLA student and pro-life activist Lila Rose. He came up with the idea to have her pose as an underaged pregnant teenager, walk into Planned Parenthood clinics, and tape the conversations that followed. In the first video, accompanied by O'Keefe, Rose was told to "figure out a birthdate that works" and lie about her age to be eligible for an abortion.[38] Later videos of the exchanges led to Tennessee lawmakers seeking to end a $721,000 contract with Planned Parenthood, and the Orange County Board of Supervisors in California voting to suspend a grant worth nearly $300,000 to Planned Parenthood.[39]

During the summer of 2007, O'Keefe posed as a donor to Planned Parenthood. He specified his gift should go to fund abortions of minorities because "the less black kids out there the better."[40] All seven states he called agreed to accept his donation.[41] After audio recordings of the conversations were made public in 2008, Planned Parenthood issued an apology for the behavior of the staff members on the phone, calling it inappropriate.[40] Planned Parenthood in Albuquerque, New Mexico replied in sympathetic tones, “Yes, yes, it’s a strange time for sure” to O'Keefe's discussion about affirmative action and how he thought there was a need for fewer black people because they compete with white Americans for admission to schools.[42][43] Ohio Planned Parenthood said, "For whatever reason we'll accept the money."[44] Planned Parenthood Vice President Autumn Kersey was suspended after audio recordings from Idaho reported to show her laughing, saying, “understandable, understandable," and continuing, "Excuse my hesitation, this is the first time I've had a donor call and make this kind of request, so I'm excited and want to make sure I don't leave anything out." [45][46]

The recordings led to calls by black leaders to withdraw financing of Planned Parenthood, citing its founder Margaret Sanger as a racial eugenicist.[47] The call results also prompted a group of African-Americans pastors to protest in Washington, DC accusing Planned Parenthood of "Genocide" on blacks.[41] Dr. Alveda King, the niece of Rev. Martin Luther King, Jr., supported the campaign.[44]

ACORN underage prostitution video controversy

In July and August 2009, O'Keefe and 20 year old college student Hannah Giles visited a number of ACORN (Association of Community Organizations for Reform Now ) offices with Giles dressed as a prostitute. O'Keefe wore white khakis with a blue dress shirt and/or tie but claimed to be her pimp boyfriend.[48] Giles and O'Keefe pretended to be seeking advice on how to run an illegal business[20] which included the smuggling of underage girls from El Salvador for use in the sex trade. Seven ACORN offices nationwide out of eight appeared to give them advice on how to evade detection by legal authorities and how to avoid paying taxes on the girls' income. O'Keefe secretly recorded the encounters.[49] On September 10, 2009, O'Keefe published the first in a series of five videos of his ACORN "investigation" on Andrew Breibart's website, BigGovernment.com.[50][51] Although O'Keefe dressed professionally during his ACORN visits, he never turned the camera on himself while inside ACORN offices.[48] O'Keefe edited the release of all his videos by intercutting segments in which he wore a fur coat, top hat, sunglasses, and wielded a cane.[48] This caused many viewers including the media to perceive that O'Keefe was actually dressed as a pimp when speaking with ACORN personnel.[48] After the visits, ACORN offices contacted the police.[52][53][54] Excerpts were frequently aired on the Fox News Channel but not on other outlets. As of April, 2010, eight videos had been released which were set in ACORN offices in seven cities: Baltimore, Maryland; Washington, D.C.; Brooklyn, New York; San Bernardino, California; San Diego, California; Philadelphia, Pennsylvania; and Los Angeles, California [11]

After the videos were made public, ACORN's role in the 2010 United States Census was terminated.[55][56][57] The director of the U.S. Census, Robert Groves, told ACORN's president that the organization "had become a distraction."[55] President Barack Obama, who once acted as an attorney for ACORN,[58][59] stated the video content was "certainly inappropriate and deserves to be investigated."[60] The videos also led to a bipartisan U.S. Senate vote to end Housing and Urban Development funding to ACORN.[61][62] The following day, the U.S. House of Representatives voted to end all federal funding to ACORN.[62] These Congressional actions were subsequently overturned as unconstitutional.[6] In October 2009, 31 House Republicans co-sponsored a resolution honoring the investigative journalism of Giles and O'Keefe in exposing "the fraudulent and illegal practices and misues of taxpayer dollars by the Association of Community Organizers for Reform Now (ACORN)."[63][64] On September 24, 2009 the Internal Revenue Service removed ACORN from its Volunteer Income Tax Assistance Program due to the scandal.[65] and on September 28, 2009 Bank of America suspended business dealings with ACORN's housing affiliate in response to the video controversy.[66]

O'Keefe said, "None of the facilities kicked us out."[67] However, an ACORN spokesperson claims that O'Keefe had no success with "this sham" at ACORN's New York, Philadelphia and Los Angeles offices.[68] ACORN gave CNN a copy of the police complaint filed against the filmmakers In Philadelphia.[69] O'Keefe said, "Why does ACORN apparently think that making and publishing an after-the-fact police complaint would cover up its willingness to help our 'prostitution business' and its lies about what happened when we visited?"[70] In San Diego, edited video showed former ACORN employee Juan Carlos Vera telling O'Keefe he had "contacts" in "Tijuana" to help get underage girls across the border.[71] However, after the conversation with O'Keefe, Vera reported O'Keefe's fabricated plan for human smuggling to police.[72] Vera was fired because of what ACORN called "unacceptable conduct", although Vera said he initially wanted to help the fake prostitute because she said that she needed to escape her controlling pimp.[73] ACORN worker Tresa Kaelke, who talked with the filmmakers, said they were "Somewhat entertaining, but they weren't even good actors."[74] According to CNN, the filmmakers released a transcript of their discussion with Kaelke that included a comment left out of the tape in which Kaelke said that ACORN would have nothing to do with their prostitution business.[75]

Bertha Lewis, ACORN's chief executive officer, froze admission to all of ACORN's service programs on September 16, 2009, and instituted a review committee to implement organizational reforms.[76][77] Lewis also stated that ACORN was considering legal action against the filmmakers, Fox News, and Breitbart.com[78][79] Asked by Fox News about the possibility of a lawsuit, O'Keefe said "Bring it on."[80] On September 23, 2009, ACORN filed suit in a Baltimore court against O'Keefe, Giles, and Breitbart.com, on the grounds that the filming was a felony under Maryland law, which requires two-party consent to electronic surveillance.[81][82] O'Keefe is also being sued by ACORN in Pennsylvania for violating recording laws.

Investigations Into Criminality of Employees on ACORN tapes

ACORN hired former Massachusetts Attorney General Scott Harshberger (Proskauer) to release an investigative report after the tapes were released[83]. The Brooklyn District Attorney Charles Hynes also launched an investigation into the New York City office for rakateering[84]. An anonymous source within New York "law enforcement" concluded that the videos were “heavily edited” with material “taken out of context so as to appear more sinister.”[85] Scott Harshberger’s report similarly cited the videos as substantially edited,[86] and stated that, while O’keefe had published his videos of encounters with ACORN’s lower level staff, “In offices where the videographers spoke with organizers, videos were not released.”[87]

State Attorney General Jerry Brown conducted a six month investigation into the video’s which O’Keefe had posted from three of California’s ACORN offices [88] Brown stated that O’Keefe and Giles allowed his team to view these unedited tapes in exchange for immunity from State’s prosecution as per the Invasion of Privacy Act.[89] [90] Brown stated "a few ACORN members exhibited terrible judgment and highly inappropriate behavior in the videotapes, but they didn't commit prosecutable crimes in California."[91] Brown was very specific in his criticism of O’Keefe's work, and his investigative report concluded “O’Keefe stated he was out to make a point and to damage ACORN and therefore did not act as a journalist objectively reporting a story. The video releases were heavily edited to feature only the worst or most inappropriate statements of the various ACORN employees and to omit some of the most salient statements by O’Keefe and Giles. Each of the ACORN employees recorded in California was a low level employee whose job was to help the needy individuals who walked in the door seeking assistance. Giles and O’Keefe lied to engender compassion, but then edited their statements from the released videos.” [92] Brown also stated that, although O’Keefe and Giles are immune from state’s prosecution, they may be sued by the ACORN members filmed on their videos [93]

Senator Landrieu Video Controversy

On January 25, 2010, James O'Keefe along with Stan Dai, Joseph Basel and Robert Flanagan were arrested by U.S. Marshals for allegedly trying to interfere with the phones of the New Orleans office of Democratic Senator Mary Landrieu.[27] The charges for all four were later reduced to entering a federal building under false pretenses, a misdemeanor.[94] The charging document said the men decided Basel and Flanagan "would pretend to be repair technicians from the telephone company and would, while disguised to look like telephone repairmen, state to staff members of the senator that they were following up on reports of problems with the telephone system, engage them in a conversation about the telephone system, and pretend to test the phone system" while O'Keefe videotaped the encounter.[95]

According to a sworn affidavit from FBI Special Agent Steven Rayes, Basel and Flanagan disguised themselves as repairmen and attempted to access the office's telephone system through "falsely and fraudulently representing that they were employees of a telephone company."[96] Witnesses reported that the two stated they needed to repair the phones.[96] Rayes stated that O'Keefe and Dai admitted to aiding and abetting Basel and Flanagan in the "planning, coordination and preparation of the operation",[96] and that O'Keefe recorded some of the events on his cellphone camera [96]. Rayes alleged that the men attempted the disguised intrusion with the purpose of "willfully and maliciously interfering with a telephone system operated and controlled by the United States of America."[96] However, the information filed in federal court on March 26th, 2010 made no mention of any alleged effort by the four men to damage the telephone equipment as was originally reported[95]

O'Keefe, Dai, Basel, and Flanagan were charged with entering federal property under false pretenses with the intent of committing a felony pursuant to 18 USC Sections 2, 1036, and 1362.[26][96] After posting $10,000 bail, O'Keefe was released on the condition that he live with his parents and not travel outside New Jersey without court approval.[97] On February 12 in federal court, O'Keefe declined his right to a preliminary hearing.[98] On February 24, O'Keefe's attorneys asked federal magistrate Judge Louis Moore for a 30 day extension to extend the amount of time by which the U.S. attorney's office 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 raised the possibility of a plea deal between the four men and the government to avoid felony convictions.[99] On March 26, 2010, the New Orleans Times-Picayune reported that Federal Prosecutors had reduced the charges filed against O'Keefe and his team.[100]. According to the Times-Picayune, "The new filing charges the four with entering a federal building under false pretenses, a misdemeanor. They had been arrested Jan. 25 on felony charges." [101] The new charges carry maximum sentences of six months in prison and a $5,000 fine.[102]

O’Keefe, in an interview with Sean Hannity of Fox News, said he was investigating accusations that Ms. Landrieu’s office had ignored phone calls from constituents who were complaining about the health care debate.[23] During a January 29 interview with Sean Hannity, O'Keefe stated that the intent of his visit to Senator Landrieu's office was to "... to get to the bottom of the fact — of the claim that she was not answering her phones or phones were jammed," that "not only was there no interfering with phones -- we never even thought about interfering with phones," and that "we used the same tactics that investigative journalists have been using." [103] In a statement on January 29, O'Keefe wrote "On reflection, I could have used a different approach to this investigation, particularly given the sensitivities that people understandably have about security in a federal building."[104][105] On February 4, Senator Landrieu commented that O'Keefe should "save his excuses for the judge; he's going to need them."[106]

References

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  86. ^ http://www.proskauer.com/files/uploads/report2.pdf ps.11-12
  87. ^ ibid, p.13
  88. ^ http://ag.ca.gov/cms_attachments/press/pdfs/n1888_acorn_report.pdf
  89. ^ ibid p. 2
  90. ^ http://ag.ca.gov/cms_attachments/press/pdfs/n1888_acorn_report.pdf
  91. ^ Calif. AG: No criminality found on ACORN tapes , April 1, 2010, Associated Press
  92. ^ ibid ps.23-24
  93. ^ ibid, p2
  94. ^ http://www.breitbart.com/article.php?id=D9EMHBHG1&show_article=1
  95. ^ a b "Minor charges filed in Landrieu office flap". Politico. March 26, 2010. {{cite web}}: Check |url= value (help)
  96. ^ a b c d e f "FBI Affidavit pdf" (PDF). Washington Post. January 26, 2010.
  97. ^ US District Court for the Eastern District of Louisiana, Case No. 10-12 MAG, Conditions of Release Order dated 1-26-2010, pages 1-3.
  98. ^ http://www.nola.com/news/t-p/capital/index.ssf?/base/news-7/126595699079150.xml&coll=1
  99. ^ http://www.nola.com/politics/index.ssf/2010/02/mary_landrieu_phone_tampering.html
  100. ^ http://www.nola.com/crime/index.ssf/2010/03/sen_mary_landrieu_office-phone.html
  101. ^ ibid
  102. ^ ibid
  103. ^ "James O'Keefe Gives First Interview Since Arrest". Fox News. Fox News. February 1, 2010. Retrieved February 1, 2010. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  104. ^ Statement from James O'Keefe
  105. ^ O'Keefe: 'I could have used a different approach'. January 29, 2010, USA Today.
  106. ^ http://landrieu.senate.gov/mediacenter/inthenews/02-04-2010-2.cfm

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