It’s a court document signed by the Assistant U.S. Attorney representing the Government:

The document can be read in its entirety here.

As I noted in a more detailed post below, the Government sought to bury this admission by omitting it from their press release, and attempting to avoid reading it aloud in court when setting forth the factual basis.

I have updated that post to note that I have now obtained the filed version of the document, with the signature of the Government’s representative.

Now I think it’s time to start asking the U.S. Attorney’s Office why they tried to hide this language from the public. (more…)

UPDATE after the jump.

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The U.S. Attorney’s Office for the Eastern District of Louisiana has filed a court document admitting that James O’Keefe did not intend to tamper with the phones at Mary Landrieu’s office, or commit any other felony.

Oh — and the good folks at the Department of Justice don’t particularly want you to know that. This post reveals that, at O’Keefe’s hearing, the Assistant U.S. Attorney tried not to read that part of the document in court. What’s more, the U.S. Attorney pointedly omitted this critical information from their press release.

The news of the Government’s admission broke yesterday, when Big Journalism’s Larry O’Connor reported that a court document filed in James O’Keefe’s criminal case bearing the title “Final Factual Basis” contains the following language:

In this case, further investigation did not uncover evidence that the defendants intended to commit any felony after the entry by false pretenses despite their initial statements to the staff of Senatorial office and GSA requesting access to the central phone system. Instead, the Government’s evidence would show that the defendants misrepresented themselves and their purpose for gaining access to the central phone system to orchestrate a conversation about phone calls to the Senator’s staff and capture the conversation on video, not to actually tamper with the phone system, or to commit any other felony.

This news, which O’Connor relayed at the end of a post about Media Matters’ dishonesty, is a significant piece of news that deserves its own post. It is especially noteworthy because this paragraph comes from a version of the facts that the Government has agreed to by way of stipulation. The document contains the following language showing the Government’s agreement: (more…)

FOUR MEN CHARGED WITH MISDEMEANOR OFFENSE OF ENTERING FEDERAL PROPERTY UNDER FALSE PRETENSES

NEW ORLEANS, March 26 /PRNewswire-USNewswire/ – Joseph Basel, age 24, Stan Dai, age 24, Robert Flanagan, age 24, and James O’Keefe, age 25, were charged in a one-count bill of information with entering real property of the United States under false pretenses, a misdemeanor, announced the U. S. Attorney’s Office for the Eastern District of Louisiana.

According to the Bill of Information, between January 20, 2010, and January 25, 2010, Flanagan, Basel, O’Keefe, and Dai met on several occasions.  During their meetings, they discussed, among other things, possible scenarios in which they would talk with members of the staff of Senator Mary Landrieu inside of her New Orleans, Louisiana office, in the Hale Boggs Federal Building, and record the interaction using audio and visual equipment.  As a result of this planning, on January 25, 2010, Basel and Flanagan entered the Senator’s office dressed as telephone repairmen, said they were following up on reports of problems with the telephone system, engaged in conversation with the staff members, and pretended to test the phone system.  O’Keefe, who had also entered the office, recorded the interaction between Basel, Flanagan, and the staff members.

If convicted, Flanagan, Basel, O’Keefe, and Dai each face a maximum term of six (6) months in prison and a fine of $5,000.

The United States Attorney’s Office reiterated that the Bill of Information is merely a charge and that the guilt of each defendant must be proven beyond a reasonable doubt.

The investigation of this matter was conducted by Special Agents of the Federal Bureau of Investigation and Deputy Marshals with the United States Marshal’s Service.  The case is being prosecuted by Assistant United States Attorney Jordan Ginsberg.