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Tuesday, October 21, 2008

DOJ MIA On ACORN As Buckeye Institute Takes On Activists

Writing in Pajamas Media Clarice Feldman wonders, Why Aren’t the Feds Using RICO to Go After ACORN?

In the Saturday afternoon thrillers that occupied us as kids, after the settlers were beset by the rustlers and thieves, the sound of pounding hoofs and a plume of dust heralded that help, in the form of the United States cavalry, was on its way.

As I watch helplessly day after day as exhausted poll workers are swamped by tens of thousands — possibly hundreds of thousands — of forged, faked, and illegal voter registrations, preventing them from doing their job and assuring a fair and orderly election, I keep waiting for the cavalry in the form of the FBI and Department of Justice. But I hear no hoof beats and see no dust.

Feldman explains in her article why she believes that RICO (Racketeer Influenced and Corrupt Practices Act) could be applied against the reported activities of ACORN.

RICO is a federal law providing extended penalties for those who commit any two of 35 crimes — 27 federal and eight state — within a 10-year period. The underlying crimes range from gambling to terrorism and include some offenses which would seemto cover the reported acts of ACORN (e.g., bribery, mail and phone fraud).

While the Feds haven't saddled-up there are a group of Ohioans who are riding to the rescue. The Buckeye Institue of whom former Ohio Secretary of State Ken Blackwell is a member filed suit against ACORN on October 14th on behalf of two Ohio voters under the Ohio Corrupt Practices Act. The OCPA is a state law similar to the federal RICO act reports Feldman.

In an October 14th article posted on their web site the Institute wrote that the, action filed in Warren County Court of Common Pleas alleges ACORN has engaged in a pattern of corrupt activity that amounts to organized crime. It seeks ACORN's dissolution as a legal entity, the revocation of any licenses in Ohio, and an injunction against fraudulent voter registration and other illegal activities.

In the article Buckeye Institute President David Hanson says, The right to cast a vote that is not diluted by fraudulent votes is a fundamental individual right. 'ACORN appears to be recklessly disregarding Ohio laws and adding thousands of fraudulent voters to the state's roles in the process,' Maurice Thompson, Director of the Buckeye Institute's 1851 Center for Constitutional Law said. 'Such voter fraud erodes the value of legally cast votes,' he added.

In addition, the complaint cites conduct by ACORN in Colorado, Indiana, Louisiana, Michigan, Missouri, Nevada, New Mexico, North Carolina, Pennsylvania, Texas, Virginia, Washington and Wisconsin.

A full copy of the Buckeye Institute's complaint can be viewed here.

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