This should prove to be interesting and possibly very damaging to people around Obama. Will it lead to Obama, who knows. That is what the discovery process is all about. And ACORN has provided O'Keefe, Giles, and Breibert with the opportunity. Lawsuits are like duels, the one accused can choose the manner of the fight.
As Greta was saying on Fox News last night, they[ACORN] took the bait. From a legal standpoint its very stupid because of the discovery process. What is the discovery process? When someone is sued, they have the right to demand all documents, save privledge lawyer-client advise, relating to the suit. So it is stupid of ACORN until you realize this has been the ACORN modus-operandi for years. In the name of poor people in urban areas being discriminated against, they threaten suit against mortgage holders unless they relax their standards on issuing mortgages; that has been ACORN's standard tactic. It has worked in the past, so ACORN is betting the film makers will do like Bank of America has done and simply settle out of court.
They at ACORN are trying to seem the outraged party by suing for defamation. However defamation is a dicey thing to sue on since it is very hard to prove. Working against ACORN's depiction of its employees are without blemish is how fast ACORN fired them. Plus the character of ACORN as a whole is damaged by previous federal and state investigations/convictions of local ACORN offices in regards to voter fraud. And we can not forget how a relative of one of ACORN's founders stole money from ACORN and it was hushed up. Simply put, ACORN has no character left to defame.
So why add defamation to the suit if its such an iffy accusation? It is mere window dressing to tart up their fragile primary accusation that O'Keefe and Giles violated an obscure Maryland by covertly taping their sting operation. This Maryland law was used against Linda Tripp when she taped Lewinsky's conversations about Bill Clinton, and she was convicted because Lewinsky was not informed she was being taped. The law makes no mention of covert video taping however. This is why I say its a fragile accusation.
And because ACORN's legal team has decided to sue on such a broad front, the accused can file discovery on many subjects. And ACORN has to comply. Or else. ACORN has doubled-down on a losing hand. They know this is a losing hand and hope Breibart, O'Keefe, and Giles fold or they would have added Fox News to the suit as they promised to do in previous statements.
Note: If Maryland finds in favor of an organization that has no license to operate in Maryland in regards to the covert videotaping, then every television covert camera investigation becomes a possible lawsuit. Plus ponder how this will impact security cameras in banks, supermarkets, and quik-stops. If the law is applied to this case to find O'Keefe and Giles guilty, lawyers with clients in the clink because of video security will start suing. This is the danger of ill-thought out precedence.