ACORN sues US government

[Duke87 1,070]

So... ACORN. The amazin', pimpin', election-riggin' ACORN (or so the allegations are, at least).

You may recall a couple months ago that with the story brewing up in the media (well, the conservative media, at least), congress voted to cease giving them any further federal funding in what some would say was an obvious attempt to sweep them under the rug and avoid having to launch a federal investigation. And indeed, the story died in short order after that.

Well.... they're baaaaack! They're not too pleased with congress having (according to them) unconstitutionally defunded them, and they're going to court over it.

The argument is that they were subject to a bill of attainder, which is prohibited in Article 1, Section 9 of the constitution:

No bill of attainder or ex post facto Law shall be passed.quote>

They seem to have a legitimate argument, although we'll have to see whether it will hold up in court.

Washington Times

New York Times

You'd think launching an investigation would have been the obvious course of action in the first place, but then again, congress is controlled by the Democrats right now - the same Democratic party ACORN is allegedly committing election fraud in favor of (Al Franken, anyone?). So yes, the whole thing smells funny.

[Kryptowhite 9]

whats next, a pinecone suing the government?

[sorry, i had to].

[Jumpthefence 74]

grasping at straws

1. trying to find some way to succeed when nothing you choose is likely to work

Jerry, grasping at straws, searched the backup tapes from last week, looking for the missing files.

2. trying to find reasons to feel hopeful about a bad situation

She thinks he might still be interested because he calls her now and then but I think she's clutching at straws.

[blade2k5 1,523]

This so smacks of utter desperation.

[A Nonny Moose 8,261]

If this is utter desperation, it must be well-funded.  I am sure the legal fees that acrue in just openinig such a suit are not small.  If they are trying to be a voice crying in the wilderness, that is no way to succeed.

No wonder that the people of the United States are called the most litigious in the world.

[N106 10]

ACORN does have a point. Maybe the government should have brought the election fraud and other allegations to court before cutting funding to ACORN. I can't wait to see what Jon Stewart has to say about this tomorrow night.

[Patricius Maximus 236]

I do think they have a legitimate case, and that the Defund ACORN Act should be struck down. As another member pointed out, Congress is prohibited from passing any bills of attainder. That is, any bill which punishes a specific person or group of persons.

Let's take a look at the actual text of the bill (H.R. 3571):

A BILL

To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain indicted organizations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

• This Act may be cited as the `Defund ACORN Act'.

SEC. 2. PROHIBITIONS ON FEDERAL FUNDS AND OTHER ACTIVITIES WITH RESPECT TO CERTAIN INDICTED ORGANIZATIONS.

• (a) Prohibitions- With respect to any covered organization, the following prohibitions apply:

• • (1) No Federal contract, grant, cooperative agreement, or any other form of agreement (including a memorandum of understanding) may be awarded to or entered into with the organization.

• • (2) No Federal funds in any other form may be provided to the organization.

• • (3) No Federal employee or contractor may promote in any way (including recommending to a person or referring to a person for any purpose) the organization.

• (b) Covered Organization- In this section, the term `covered organization' means any of the following:

• • (1) Any organization that has been indicted for a violation under any Federal or State law governing the financing of a campaign for election for public office or any law governing the administration of an election for public office, including a law relating to voter registration.

• • (2) Any organization that had its State corporate charter terminated due to its failure to comply with Federal or State lobbying disclosure requirements.

• • (3) Any organization that has filed a fraudulent form with any Federal or State regulatory agency.

• • (4) Any organization that--

• • • (A) employs any applicable individual, in a permanent or temporary capacity;

• • • (B) has under contract or retains any applicable individual; or

• • • © has any applicable individual acting on the organization's behalf or with the express or apparent authority of the organization.

• © Additional Definitions- In this section:

• • (1) The term `organization' includes the Association of Community Organizations for Reform Now (in this subsection referred to as `ACORN') and any ACORN-related affiliate.

• • (2) The term `ACORN-related affiliate' means any of the following:

• • • (A) Any State chapter of ACORN registered with the Secretary of State's office in that State.

• • • (B) Any organization that shares directors, employees, or independent contractors with ACORN.

• • • © Any organization that has a financial stake in ACORN.

• • • (D) Any organization whose finances, whether federally funded, donor-funded, or raised through organizational goods and services, are shared or controlled by ACORN.

• • (3) The term `applicable individual' means an individual who has been indicted for a violation under Federal or State law relating to an election for Federal or State office.

• (d) Revision of Federal Acquisition Regulation- The Federal Acquisition Regulation shall be revised to carry out the provisions of this Act relating to contracts.

quote>

Notice Section 2c, which specifically singles out ACORN as included under the act. If this section is removed (as well as the bill's short title), then the bill is unquestionably constitutional.

The bill is a good bill, except for section 2c. I share the sentiment that the US federal government shouldn't be funding these types of organizations, but I am against the singling-out of ACORN for inclusion under the act.

Perhaps the text can clear up any dismissal of a constitutional violation as a desparate organization merely grasping at straws.

[Red1530 1]

Well its offical, a Federal Judge has ruled in favor of ACORN over the legality of defunding it.  However the same logic that the judge used can be applyed to the bailed out coperations becaue they modified existing contracts as well.

[Duke87 1,070]

So, Fox News reports this, but does CNN? No. Does MSNBC? No.

The liberal media outlets are very conveniently ignoring the story. What motive do they have for trying to keep it hushed up? It makes you wonder...