A commenter at HotAir was upset there were no gratuitous Hannah pictures. He’s right.

I aim to please sir:

(actually not sure if this last one is her but…whatever)

Allah had the exact same reaction I did:

Oh boy.

Oh yeh…he’s got some statutes and what amounts to a prediction:

I assume the defense is going to be something like, “We never intended to tap the phone, we simply wanted to show how easy it would be if someone wanted to do it,” but even so: Ohhhhhhhhhhhh boy. Ten years.

Ten years? For what? Attempting to tap a phone? And what exactly happened to ACORN again for being full and ready-at-the-call participants in international underage sex trafficking and polictical corruption?

Assuming for the moment that there’s not a whole lot more to this story, which there probably is, he walks. Guaranteed.

Jawa’s got a great observation:

Exit observation: The MSM had to be dragged kicking and screaming into acknowledging this guy even existed at all when he was destroying ACORN’s credibility and exposing ACORN’s violations of the law/abuse of taxpayer funds. For weeks.

For some reason, I don’t think they’re going to have a problem covering this story quickly. Not that it doesn’t deserve coverage.

Possible silver lining - As mentioned via some Twitter between myself, CollegePolitico and SluBlog, if the media had actually, you know, paid attention to who this guy was when he was demolishing ACORN, it may have been easier for them to report on him now. Since they didn’t (they actively ignored it to a large extent), they have to explain that this was the guy who destroyed ACORN and bring that whole can of worms up again. Which doesn’t minimize what’s apparently happened here, but it’s still slightly ironic and snort-worthy.

Who’s gonna set up the James O’Keefe Legal Defense Fund?

I got 50 on it.

Ken Rudin shows why NPR needs to go the way of Air America:

As for yesterday’s arrests, the attorney for Robert Flanagan — asked for what could have been his client’s motivation — said, “I think it was poor judgment. I don’t think there was any intent or motive to commit a crime.”

Of course. It was just a third-rate phone tampering.

You snarky prick.

These people get paid with millions in tax dollars…just like ACORN.

We need a “Defund NPR Act” right now.

One of the kids is the son of an acting U.S. Attorney in Louisiana:

Flanagan is the son of William J. Flanagan, the acting U.S. attorney for western Louisiana. William Flanagan’s office confirmed his son was among those arrested, but declined further comment.

The plot thickens…

Who’s that guy work for? Attorney General “Let’s try KSM in NYC, let voter intimidation go unpunished and look the other way on all things ACORN” Eric Holder.

Dude, O’Keefe is a Scarlet Knight?

O’Keefe once was editor of a conservative magazine on the campus of Rutgers University in New Jersey, according to the Newark Star-Ledger.

Now it’s personal.

T links and is waaaaaay more harsh on James than I am at this moment:

InThe Left will be all over this story and anything short of throwing the book at this guy will NOT be an option. In fairness, we don’t know the whole story as of yet, but if its as cut and dry as it appears to be, I have to agree with them.  Tapping a senator’s phone?  I don’t know if I’m leaning toward sinister or stupid, but either way you won’t find me defending this moron for a second if it proves to be true that he stooped to this.  If we’re being completely honest here, we’d be talking national security and terrorist activity if we didn’t know him by name at this point.

Really?

Agree with the Left? Terrorist activity? Come on T, you can’t be serious. Assuming for the moment that the intent was, in fact, to wiretap Mary Landreiu’s phone…you agree with the left that they should throw the book, perhaps involving ten years in jail, at him? Really?

And what terrorist activity? If we’re using the standard definition of “terrorism”-the use of violence and threats to intimidate or coerce-how does wiretapping even remotely qualify? I suppose if he did so with the intent to blackmail or otherwise “coerce” Landrieu into doing something else you may have a plausible extortion/quasi-terrorist issue to reckon with. But the mere act of wiretapping cannot reasonably be considered a “terrorist” act.

Look I know I’m gonna be accused of excusing crime here, but I for one am not willing to throw this kid under the bus 24 hours after his arrest. I’m especially not willing to do so after, let’s face it, the amazing feat he and Hannah accomplished in bringing the widespread criminal practices of that ‘racketeer influenced corrupt organization’ known as ACORN to light.

Ask yourself a completely relevant question: Does a kid merely charged with a crime deserve some slack after almost single-handedly illuminating the myriad criminality, including international sex slave trafficking and political bribery, of a federally funded organization? Now is the time to defend these kids with every moral fiber of our souls. If and when they are convicted of a crime by a jury of their peers, then we can turn around and say they did something stupid and illegal.

I for one really am shocked that the initial reaction in the Conservative blogosphere seems to be a combination of righteous indignation and scolding parent-itis towards these kids, one of whom is responsible for bringing a terminally corrupt organization’s disgusting practices to the light of day.

I don’t want to seem like I’m singling out my man T; the entire blogosphere-the left for obvious reasons and right for not-so-obvious reasons-is sentencing these kids to eternal damnation and I think it’s bullshit.

My brother T in the struggle responds to my defense of O’Keefe in an update to his post. I owe him the same courtesy. (T’s argument in quotes)

This is America and we are innocent until proven guilty, but I cannot for a moment defend this guy for his actions – even if they had noble intentions. I don’t care if he is a journalist – I don’t even care if he is a damn fine one – Hell I even said that all Americans owe him and Giles a debt of gratitude on my site just months ago (but you will see that even then I said his actions didn’t make him a “Patriot” it made him a good reporter).

And what I’m saying is that because this is America and because the kid is owed a debt of gratitude for his past work on the ACORN thing, he deserves, if not a pass from us, at least public support until such time as he is found guilty by a jury of his peers. I’m not saying his actions deserve a pass by any means. All I’m saying is that the Conservative blogosphere has overwhelmingly already tried and convicted this kid based solely on an affidavit. Personally I think to do so under any circumstances is premature and wrong; in this situation it’s also morally bankrupt…and still very, very wrong.   

What if a hippie ass Left wing organization conned its way into a Republican senators office?  We’d be all over this. We’d be destroying them. My only point is we don’t know at this point… but we have to be consistent. We can’t in two weeks take shots at a Leftist group for behaving in this manner if we will provide O’Keefe cover on this one.

Well, we’ll just agree to disagree here. We sure as hell as could. Their track record for criminality and violence is far lengthier and involved than ours. From Bill Ayers to Dollar Bill Jefferson to eco-terrorism to street vandalism, the Left traffics in violence and intimidation with bombs at the ready. Come back at me with Timothy McVeigh if you must, but just know that nobody I know ever stood up for that nutbag or what he was avowedly trying to accomplish.

The difference, obviously, is that the Left not only condones their sides antics, they encourage it. I’ve been there. I’ve seen the pamphlets. I’ve listened to the ‘teach-ins’. And on top of that, have you ever once heard someone in the today’s Democratic leadership unequivocally denounce any of the violence on their side? No. Bill Ayers is just a cool cat from the neighborhood.

James O’Keefe in his ACORN expose’ used wholly lawful means to infiltrate a racketeer influenced corrupt criminal organization. He didn’t blow up ACORN offices. He didn’t destroy ACORN property.

This time he’s being accused of doing what…? Entering a federal building under false pretenses? In the grand scheme of things and keeping well in mind the good this kid has done in the past…forgive me but I say so what.

Does one good act guarantee a lifetime of free passes for criminal acts?  Does one act provide you permanent cover from the Right?  What a world we would live in if such was the measure of good men.  Do one good deed and live a life above reproach and untouchable by the law?   I cannot for a moment believe that such a vision was shared by our Founding Fathers.

No it doesn’t and I’m not advocating anything like that. His past good acts are irrelevant at trial and mean nothing to his defense. But I’m not talking about the legal system here. I’m saying we should be supporting James. We are not bound by the rules of evidence. And in my opinion, since this is the first time of which I’m aware that the kid’s been in trouble we owe him the benefit of the doubt. He’s earned the right for Conservatives everywhere to stand up and say “We’re with you James”.

That’s an important point. This isn’t some random kid who tried to pull this off. This kid has earned the benefit of our doubt…or at least he should have. Does his one past good deed provide him cover from the Right for the allegations now being levied against him? In my opinion, absolutely. At the very least, the scales of justice are just about even.

Is he a “terrorist” – hell no he’s not and I think you know for a fact I wasn’t calling him that. My point was that many on our side of the fence are quick to drop labels on such events and I think if this guy or his cohorts had a different last name or a foreign place of birth we’d be painting an entirely different story with this thing right now. Lets just call a duck a duck and in this case lets call stupid stupid – hell lets just call a criminal a criminal.

I know you weren’t calling him a terrorist. I know that. But you did use the word so I had to respond. On the other hand, you can rest assured that had “James O’Keefe from New Jersey” been “Muhammad Abdulla from Syria”, I most certainly would have called this a terrorist incident, like I did unequivocally for the act of terror perpetrated by Hasan at Ft. Hood. Context matters. Because of that “last names” and “foreign places of birth” are completely relevant to the story.

Moreover, I don’t believe that terrorists are ordinary criminals; terrorists are terrorists. This is by no stretch of the imagination a ‘call a duck a duck’ situation. “James O’Keefe” doing what he did and “Muhammad Abdulla” doing the same thing are nonetheless completely different situations. I call it a duck and a wolverine. The first one might quack a lot and kick up some fuss but the second one will bite your face off and eat your dog.

Is it sad – without a doubt – in a moment of stupidity he has cast a shadow of doubt over he and Hannah’s work that will be distorted in every way imaginable now by the Left and the mainstream media who weeks ago wouldn’t even acknowledge he existed before this.

That’s why it is doubly important for us to counter the lies and spin that, you’re right, are inevitably coming. “First they came for the Jews, but I didn’t say anything because I wasn’t a Jew…”

He’s earned our respect and he deserves our support. If not us….who.

But the question you have to ask yourself is.. is it criminal? The answer is….. without a doubt – YES. My conclusion – stupid, stupid, stupid… I can’t believe this guy is this stupid.  I pray there is a bigger picture that has yet to present itself.

Not right now it’s not. Right now there is nothing but an allegation. There are most certainly several principles working at the same time here: respect for the rule of law, ideological consistency, etc. But there are also several other principles at play here such as the presumption of innocence, loyalty and a robust search for truth. Both sets are undoubtedly important, in this situation as in all of life.

My only question is why has the Conservative blogosphere so completely chosen the former over the latter? What happened to the presumption of innocence? What happened to not leaving a comrade in the trenches to take grenades on his own? What happened to taking a deep breath and wondering just what this kid was up to in light of what he he had been up to in the not too distant past?

It’s not fair to James, it’s not fair to Hannah and it’s not fair to the three new kids involved.

They’ve earned the benefit of the doubt. They deserve our support.

“Let me remind you that extremism in defense of Liberty is no vice…and moderation in the pursuit of justice is no virtue.” That’s no less true today than it was then.