Community | November 12, 2009 | 53 comments

ACORN sues Congress for defunding it; Group says Congress bowed to Fox News

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WakeUpPeople
The community organizing group ACORN, recently walloped by conservative activists who posed as a prostitute and a pimp and tried to get employees to incriminate themselves, is suing Congress for defunding its organization.

The group has teamed with the Center for Constitutional Rights, who has filed suit on their behalf. It argues that Congress' move infringed on their Fifth Amendment right to due process, and their First Amendment right to freedom of association.

The complaint was filed this morning in the U.S. District Court of New York.

From a release issued to RAW STORY:

"Today, the Center for Constitutional Rights (CCR) filed a case challenging Congress’s unconstitutional defunding of the Association of Community Organizations for Reform Now (ACORN). The case charges Congress with violating the Bill of Attainder provision in the U.S. Constitution, violating the Fifth Amendment right to due process, and infringing on the First Amendment right to freedom of association by targeting affiliated and allied organizations, as well."

CCR attorneys say members of Congress violated the Constitution by declaring an organization guilty of a crime and punishing it and its members without benefit of a trial.

Said CCR Cooperating Attorney Jules Lobel, “It's not the job of Congress to be the judge, jury, and executioner. We have due process in this country, and our Constitution forbids lawmakers from singling out a person or group for punishment without a fair investigation and trial. Congress, as well as individuals and organizations must abide by the rule of law.”

The lawsuit seeks a temporary restraining order to prevent the government from reallocating funds designated for the organization and its affiliates and a preliminary injunction to stop Congress from singling out a single organization for punishment without proper investigation or due process.

The plaintiffs are ACORN, the ACORN Institute, and the New York ACORN Housing Company. The suit is ACORN v. USA and was filed in federal court in the Eastern District of New York.

more at link...

http://rawstory.com/2009/11/acorn-sues-congress-defunding/
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53 comments // ACORN sues Congress for defunding it; Group says Congress bowed to Fox News

  • artemis6
  • Saladin
    • 0
      Saladin  
    • The voter fraud that never happened and the indictments that couldn't be made into convictions no matter how hard Bush's crony DOJ tried.

      And the faulty mortgages were a wall street monster and no one else's. Interesting that conservatives first blame black people for the recession but, not entirely surprising.

      Again, even if this swiftboat style bullshit story were true, it would just be cute stuff compared to what the right has done on a daily basis in this country for the past 28 years.

    • 2 years ago
  • nobamayomama
    • 0
      nobamayomama  
    • Uh, there have been MANY investigations AND indictments regarding ACORN activities all over the country which include voter fraud, embezzlement and a host of other charges for quite some time before Fox news was around all the while they were being funded. And, don't forget, while people on Fox brought to light the recent videos, other news outlets carried the story and ACORN dismissed the people involved....so that's an admission of guilt.

      ACORN had MUCH to do with shoddy applications for the mortgages which knowingly were fraudulent. They also register primarily democrats and float campaign donations to democratic candidates - so WHY should congress be funding an organization to the tune of billions (they were about to be appropriated with billions) while they are a involved in fraud, voter fraud all over the country?

    • 2 years ago
  • LadybugLady
  • JohnA
    • 0
      JohnA  
    • A ridiculous lawsuit. There is no legal, and certainly no Constitutional, basis on which they, or anyone, should receive taxpayer funded government appropriations. There have been no legal charges raised that would fall into the realm of the Judiciary. Government appropriations are solely a function of the House of Representatives (at least according to the Constitution). ACORN can do anything they want, no one has challenged that, there is no infringement on their activities. They have only lost public funding by ruling of the House.

    • 2 years ago
  • Saladin
    • 0
      Saladin  
    • JohnA:

      No constitutional basis? What are you talking about? Congress can fund anything it pleases, and that's where ACORN got its funds from.

      And the constitutional question they're bring up is completely valid, you can't be cut off from federal funds because of who you associate with. It's something that we've already established.

      Of course ACORN can do whatever it wants, but no one does it. That's why they need Federal money, because they're performing a service that the free market never could or would.

    • 2 years ago
  • 402Chicago
    • 0
      402Chicago  
    • JohnA:

      I think you're misinterpreting their charge about the right to associate. ACORN was cut off not because it associated with it's affiliates, but because it of how it dealt with certain people, which, by the way, you do not have a right to associate with criminals. They aren't saying that in dealing with ACORN Congress did something unconstitutional by resisting them funds, they're saying that by attacking the allies and affiliates of ACORN Congress did something unconstitutional. The right to associate has more to do with ACORN's friends, not ACORN. "and infringing on the First Amendment right to freedom of association by targeting affiliated and allied organizations, as well." In respect to this way of viewing the right to associate charge I'm fairly ignorant thus I'll stop with definition.

      As for the Right to Due Process I don't see any validity. No punishment was handed out to ACORN whatsoever, Congress merely pulled out of supporting them, and since there was no previous law stating that they must fund ACORN, there was no law broke in this regard either..

    • 2 years ago
  • Saladin
    • 0
      Saladin  
    • JohnA:

      But I think that's a very narrow definition of punishment. Isn't cutting off funds a form of punishment? It's not like they can prosecute anyone for a non-existent crime, so cutting off their federal funding is a pretty clear response.

      Realizing the only crime that was being committed here was essentially fraud on the part of the actors, ACORN committed no crime and thus deserves no retribution.

      Furthermore, should ACORN simply have turned people it suspected to be a part of its community into the police? If that's the case, realize that one of the branches DID. So it's not as if this is some uniform conspiracy on their part. It took five tries on the part of the actors to get this scam to work.

      I mean, 4 out of 5 basically said GTFO, why should the entire organization be punished for the workers of one group of individuals in one branch?

      Just in general, I'm not seeing this as anything other than a political move by the right.

    • 2 years ago
  • 402Chicago
    • 0
      402Chicago  
    • JohnA:

      I'd agree with you that it's definitely a political move by the right and a very good one at that.

      I'd also have to agree that this is a narrow definition of a punishment and that cutting off funds can be a punishment, but that this narrow definition is necessary when speaking of legal matters.

      Yes, someone cutting off funds to someone else is punishment in the sense that it harms them, yet in the judicial sense it is not a punishment by law. They have no right getting those funds from Congress, it was a privilege that was taken away. In law, punishment is a penalty that is inflicted causing you to give something that is a right of yours, not something that is a mere privilege. Going to prison is the giving of liberty (a right), paying a fine is the giving of property (a right), serving probation is once again the giving of liberty, etc. This was merely the taking away of a privilege, not a right, therefore to me it is no civil punishment, it is a punishment in social society. And since this social punishment does not go against any civil laws, Congress has the ability to do it. There is no constitutionality in question.

      Once again though, i must mention that I do not know of the right to association case...I definitely am interested and need to learn more.

    • 2 years ago
  • Saladin
    • 0
      Saladin  
    • Pretty much anything in politics that has "child prostitution" linked to it is a political thermonuclear attack.

      Dems had to distance themselves, partly because they had no balls and partly because no amount of reasoning and logic could convince the idiotic masses that no such thing had gone on.

      But in reality, ACORN didn't do anything wrong. This is exemplified by the right-wing actually, who to this day can't actually name a single "criminal" activity that was exposed by this group of assholes.

      First off, this "expose" had to go to FIVE branches before anyone would talk to them and even then only got advice.

      This is CLASSIC conservative "swiftboating." Just like blaming illegal immigrant votes that never happened in the '04 election and falsifying attacks against Kerry's military service, right-wing goons can create enough noise that people will believe it.

      Of course, they're the real fucking crooks. No-bid contracts in Iraq, extraordinary rendition for torture, blatant violations of the constitution and federal law, reckless deregulation (especially of the environment) in the name of the "free market," CIA-sponsored terrorism and insanity (Iran-Contra anyone?), military intervention on behalf of U.S. corporations (Haiti in 2003 on behalf of Disney, just to name one) and blatant cronyism and corporate welfare in the form of tax loopholes and other bullshit scams.

      ACORN is right on in this one, and if they grew some balls, so would Van Jones and Anita Dunn and the Obama admin. in general. Of course, the Dems are in on all of it too so that's never going to happen.

      It's time this country treated the right-wing Reagan cabal for what it really is, a bunch of petulant, lying, criminal brats trying to bring the 1890's back. They need to be dragged into the 21st century by their hair, not reasoned or negotiated with.

    • 2 years ago
  • JohnA
    • 0
      JohnA  
    • Saladin:

      ACORN did do something wrong. Goonery is not solely a tactic of the right. One branch is one to many to receive tax dollars. These two kids deserve a Pulitzer, ACORN was going to run the census. If your arguement is they should get tax money because Blackwater did, you're wrong on both counts.

    • 2 years ago
  • Saladin
    • 0
      Saladin  
    • Saladin:

      Discussions often go nowhere with you if it's about Obama or the Derms john, but I'm willing to level with you on this since you seem so reasonable about it. So let's go over your post one point at a time.

      "ACORN did do something wrong."

      Annnnnnnnd what was it? No one seems to be able to answer that. Was it that they didn't immediately call the police on someone seeking help for their organization? What was it?

      "Goonery is not solely a tactic of the right."

      True enough, but leftist agitation is oppressive and ogreish, but never outright fraud and fabrications.

      The sins of the left are numerous on this issue, from civil rights to unionism, but they don't -lie- like this. Which in my opinion makes it very fucking different. They're not disingenuous.

      "One branch is one to many to receive tax dollars."

      That's fucking absurd.

      I'm sorry to be so acidic about that, but you pay probably less than a dime in your taxes every year to fund an organization that does a hell of a lot of good that you've ignored to make this statement.

      Literally, a sailor crapping in an aircraft carrier costs more than the entire funding of ACORN. If you take issue with that little tax funding, I'd be hard-pressed to figure out what would be sensible by that standard.

      "These two kids deserve a Pulitzer, ACORN was going to run the census."

      No they don't, since they didn't actually expose anything corrupt. Plus, you should probably look at who won the Pulitzer prize in recent years before saying that, that's pretty offensive. Pulitzers often go to people who expose genocides and things like that.

      And no, ACORN was not going to RUN the census, they're not even large enough to do that. Hell, they don't even have a presence all over the nation. That's a complete falsification.

      Their data was going to be coordinated since they collect it anyway, like dozens of other organizations, to help fill in the larger picture.

      "If your arguement is they should get tax money because Blackwater did, you're wrong on both counts."

      No that's not my argument, if they're a fraudulent organization they should be booted like all the rest.

      My point was that the media makes a big fuss about stupid shit for the right-wing. But they're completely SILENT about basically what are war crimes on behalf of the right.

      They're hypocrites, and it's appalling that fact is not pointed out more often.

    • 2 years ago
  • CreditFigaro
  • idealist
  • CalgarC
  • metalcookiesxy70
  • Mikeysfake1
  • shadowtrekker
    • 0
      shadowtrekker  
    • dumbest thing in the world, whenever something happens that you don't like, especially when it's justified, you don't get to blame it on fox news. ACORN is a fraud. Why is there any debate over that. Morons

    • 2 years ago
  • WakeUpPeople
    • 0
      WakeUpPeople  
    • shadowtrekker:

      There is plenty of reason to debate. ACORN is a community organizing group that gives assistance to lower income families which has not been brought up on charges. Halliburton, KBR, and Blackwater (to name very few) which HAVE been found guilty of ACTUAL fraud among other criminal charges are not defunded. ACORN was given millions of dollars in contracts, whereas the others mentioned above were given BILLIONS in contracts. ACORN actually helps people, the others help the military industrial complex. There is A LOT to debate.

    • 2 years ago
  • CreditFigaro
    • 0
      CreditFigaro  
    • shadowtrekker:

      I don't get it, conservatives are supposed to be against wasteful spending, and yet they support billions wasted on no-bid government contracts and mercenary armies. Then they get all huffy when someone spends a million here or a million there on legitimate scientific research, soft power or community development. It's mind blowing.

      Regardless, we have yet another ACORN hater without a shred of evidence to support their arguments, not even internet sources. Then, shadowtrekker has the lack of tact to call those of us who require evidence to form an opinion morons...

    • 2 years ago
  • 2helenahandbasket
  • montesooma
  • WakeUpPeople
  • CreditFigaro
  • nanac
    • 0
      nanac  
    • I am pleased to see Acorn get their day in court....Now the truth can come out, about how Carl Rove started the witch hunt to discredit Acorn...The Republican Party is trying to suppress the vote.......Acorn registers millions of voters, who mostly vote for Democrats.....Acorn haven't been indicted on any crimes, only accused, of made up charges by Republicans..The Bush Administration fired several Federal Prosecutors because they wouldn't go along with their scheme to bring fraudulent charges against Acorn....Millions of low income Americans are dependant on the numerous services that are provided by Acorn..Only an extremely evil and vile person could and would, place politics, before the needs of America's needy.

    • 2 years ago
  • JohnA
  • WakeUpPeople
    • 0
      WakeUpPeople  
    • nanac:

      All of whom could not place a vote without a valid ID. Thank goodness the justice dept already looked into it and could not bring charges up against ACORN. Of course, several people lost their job at the DOJ because they couldn't. Remember that little scandal under the Bush Administration?

    • 2 years ago
  • JohnA
    • 0
      JohnA  
    • They haven't been punished in any way. They're just off the public dole, no more of our tax dollars. The Congress doesn't need any due process to end funding. No investigation, no punishment, just don't use our tax dollars for your schemes anymore, that's all.

    • 2 years ago
  • WakeUpPeople
  • JohnA
  • WakeUpPeople
  • JohnA
    • 0
      JohnA  
    • JohnA:

      Proof of what, that they have an agenda? I think they pretty much admit that. Which is fine, do whatever you want, as long as my tax dollars aren't paying for it, I could care less about their agenda.

    • 2 years ago
  • JohnA
    • 0
      JohnA  
    • JohnA:

      I want the world to be a better place too. I just don't believe giving money to ACORN or voting for the GOP are the best ways to make it better.

    • 2 years ago
  • CreditFigaro
    • 0
      CreditFigaro  
    • JohnA:

      I am surprised, John. Your profile fits a fiscal conservative. Then again, republicans aren't all that fiscally conservative, anyway.

      Track record says: democrats balance budgets, republicans ruin them.

      We are all still waiting for you to back up your initial statement, by the way.

    • 2 years ago
  • Varex_Sythe
  • WakeUpPeople
  • Varex_Sythe
    • 0
      Varex_Sythe  
    • Varex_Sythe:

      And of those several branches, how many actually were recorded as trying to give the investigative journalists aid? Note, I'm not trying to be an ass, I just didn't pay that much attention to it at the time and it only seemed like one branch had the issues from the footage that was shown.

    • 2 years ago
  • WakeUpPeople
    • 0
      WakeUpPeople  
    • Varex_Sythe:

      The rest of them "heard them out". I have heard from several current members that people in their line of work are trained to listen and just let the person talk. Based on the accounts of the ACORN workers, most of them could tell that the situation was not real, so they played along (if you see the filmmaker and his outfit you would know why). The unedited video has not been released, and the only version that has been broadcast has so many edits in it that it is highly suspicious. The ACORN workers insist that the video does not show the actual events as they occurred.

    • 2 years ago
  • Varex_Sythe
  • slarabee
  • JohnA
    • 0
      JohnA  
    • slarabee:

      Don't kid yourself, they did it to themselves. They had a nice cushy little taxpayer funded "advocacy" gig, but they decided they wanted more, too much. They have no one to blame but themselves. Don't blame the messenger, those two kids deserve a Pulitizer.

    • 2 years ago
  • 2helenahandbasket
  • CreditFigaro
    • 0
      CreditFigaro  
    • slarabee:

      No, no, Kari, these people who don't like ACORN already thought they were "crooks" and that they weren't valuable to society because they help people. That means they didn't deserve any funding. (ironic from a bunch of Jesus freaks, hunh?)

      Their opinion never changed in light of the latest events. What changed is that they feel justified in openly expressing it, now.

      It never has to make sense. It doesn't have to be researched by a credible source. The law, and the constitution don't matter. Justice doesn't matter.

      What matters is being in the club. I have some conservative friends who congregate together, and they feel betrayed by you if you don't go along with whatever the party line is.

      See how fast they were to throw a bunch of labels at their target. They have to compartmentalize because the world is binary to them. Good vs. Bad, Them vs. Us, Republican vs. Democrat, Crooks vs. Honest Americans. It's about fighting for your side, not making sense.

      Do you ever notice how evidence is ineffective? They already made up their mind who they supported, long ago. To support something else is betrayal.

      Have you ever been to a republican household. If politics bubble up in conversation they look sternly at whomever is talking and say "this is a republican household."

      Discussion, learning, compassion and analysis are lost on these people.

      It's sad. It's political impotence.

    • 2 years ago
  • WakeUpPeople
    • 0
      WakeUpPeople  
    • The law clearly states that there must be a trial before Congress acts to punish an individual or organization. No trial has yet occurred because there has been no investigation. There has been no investigation because there has been no law broken. This was a witch hunt instigated by right-wing activists (who DID actually break laws) and propogated by Fox "news" ad nauseum. Congress buckled under the weight of Fox's incessant PR attack.

      For those who do not know, ACORN is (according to their website) "the nation's largest community organization of low- and moderate-income families, working together for social justice and stronger communities". You can see why Fox would want to put them in the crosshairs.

    • 2 years ago
  • JohnA
    • 0
      JohnA  
    • WakeUpPeople:

      A trial for what? There are no criminal charges, there is no punishment involved here. They just don't get money from the taxpayers anymore. They can still do whatever they want. Are you trying to say they have some kind of devine right to receive taxpayer money, that they own an entitlement to receive our tax dollars?

    • 2 years ago
  • WakeUpPeople
  • Saladin
  • 402Chicago
    • 0
      402Chicago  
    • WakeUpPeople:

      By stopping funds to an organization it is not punishment. If they charged them a fine, or asked for previous funds to be returned I would understand their case. But the fact is, Congress merely stopped funding someone that was bringing a bad rep to the government. They did nothing more but remove themselves from the organization. The organization is free to do whatever they want and to go about their business with their own funds. Yes, they have been discredited, but that is not a crime as well, as long as there is no slander or libel involved. Congress is not forced to give money to ACORN by any previous law, thus they are not breaking any law nor is their disassociation unconstitutional.

      It is merely as if I were giving to a charity that I found out was going against my ideals. By stopping my charitable donations to that organization I am not punishing them, i'm merely removing myself from being involved with them. Yes, by not contributing my funds they could cease to exist, but this is not to be considered me punishing them, merely them making wrong choices that caused their supporters to flee. Congress, in my opinion, has this right to disassociate.

      To me the right of due process does not come into play anywhere. As for the right of association i'm too ignorant of the case to speak on that matter.

    • 2 years ago
  • nobamayomama
    • 0
      nobamayomama  
    • WakeUpPeople:

      From the article:

      We have due process in this country, and our Constitution forbids lawmakers from singling out a person or group for punishment without a fair investigation and trial.

      And, I am really sick of Congress, Pelosi, Obama and other news organizations singling out FOX news. What's the difference about how they're demonizing Fox from the US Capital vs what ACORN believes about them being "singled out"? It's a shame and should be rather embarrassing that a President and Congress has to attack a news organization.

    • 2 years ago
  • CreditFigaro
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