The civil trial against Republican propagandist and con-artist Andrew Breitbart's salaried employee James O'Keefe --- a convicted federal criminal as well as propagandist and con-artist in his own right --- continues in San Diego where a former ACORN employee has sued both O'Keefe and his partner Hannah Giles for violations of California's privacy act.

The case arises from the secret video taping by O'Keefe and Giles of then ACORN employee Juan Carlos Vera, as part of the deceptively edited hit videos the pair would later release on Breitbart's several propaganda websites. Vera was terminated after the release of the videos, despite having committed no wrongdoing --- he had even notified local police about the pair, after he suspected they were up to no good --- as confirmed in a detailed report by the California Attorney General last year. O'Keefe and Giles, on the other hand, as the CA AG found, most likely "violated state privacy laws." While they were given criminal immunity by the AG in exchange for the raw, unedited video tapes, they remain liable for civil violations of the that law.

Now it appears Breitbart himself may be pulled into the case, and we're likely to soon learn how much he paid O'Keefe and Giles for their hit tapes.

U.S. Magistrate Judge Mitchell D. Dembin has adjudicated a discovery dispute by ordering both O'Keefe and Giles to disclose payments Breitbart made to them, as well as email communications and other relevant documents concerning the illicit video taping of Vera.

While that is likely to offer an interesting expansion of this story soon (and we'll offer a few more details from the court's ruling below), more than anything what caught our eye in this story for the moment, was the reporting by local journalist Heather Johnson of Courthouse News. She broke the story this week, and managed to actually report accurately on the details of O'Keefe and Giles' ACORN hoax.

On the other hand, the "paper of record" New York Times is still unable to do similarly. Even though we'd already forced a number of other corrections to their repeated misreporting on this, they've still managed to misreport the facts of O'Keefe's ACORN "pimp" hoax as recently as late last June and then again in late July.

So, to offer you (and, actually, the New York Times) an idea of what accurate reporting on O'Keefe --- a man who has, since his ACORN con, also pled guilty to a scheme involving an attempted wire-tap plot of a sitting U.S. Senator --- looks like, just read the first three grafs of Johnson's coverage this week...

Guest blogged by Ernest A. Canning

However historically inaccurate the phrase may have been, the idea that Emperor Nero fiddled while Rome burned seems apropos the appearance of a David G. Savage fawning Clarence Thomas puff piece on the front page of the Sunday, July 3 edition of Los Angeles Times.

On March 7, as part of our coverage of a Daily Beast article, in which Univ. of Colorado Law Professor Paul Campos called for Thomas to be thrown off the bench, we noted:

In a March 6 Los Angeles Times op-ed, George Washington Law School Prof. Jonathan Turley found allegations that Virginia Thomas received monies from the groups that had a direct interest in the outcome of Citizens United to be "particularly alarming." He went on to compare Thomas' cynical effort to equate criticism of his ethical lapses with an attack on the integrity of the Court to Louis XIV's infamous view that there was no distinction between himself and the state.

Yet, on July 3, Los Angeles Times gave page-one coverage to Savage's uncritical piece that begins with a self-serving description in which Thomas seeks to portray his radical and, at times, outright bizarre legal positions, such as his stand-alone position that prisoners have no constitutional right to be protected from beatings by their guards, as simply a reflection of a rugged individualist who is not afraid to be a minority of one when he thinks he is right.

During Thomas' contentious Senate Judiciary Committee Confirmation Hearings in 1991, the late Sen. Edward "Ted" Kennedy (D-MA) took a very different view as he likened the Thomas nomination to a game of "Russian roulette":

The firestorm of controversy surrounding questions about Thomas' conflicts of interest, severe ethical lapses, and possible crimes has momentarily slowed a bit over the past month of Congressional (almost) recess and the usual D.C. media "summer vacation." But the list of reputable individuals and organizations calling for the embattled Associate Supreme Court Justice to be investigated by the U.S. Dept. of Justice, removed from office, and possibly prosecuted is likely to grow again once politics as usual resumes following the Labor Day holiday, according to The BRAD BLOG's discussions with a number of those individuals and organizations.

In the meantime, the question remains as to why Los Angeles Times saw fit not only to publish a ridiculous puff piece on Thomas as the firestorm was still cresting in July, failing to so much as reference these serious issues, but why they even found it necessary to elevate such a softball article to their front page.

Before reaching that, however, let's again examine the real issues...

While we wait for the New York Times to hopefully correct last week's puff-profile on Rightwing scam-artist Andrew Breitbart, in regard to their demonstrably inaccurate statements about what occurred in his and James O'Keefe's phony "pimp" hoax videos, I just noticed that the paper, which already corrected another point in the same piece, seems to be purposefully covering for Breitbart's own original lie in their corrected text of the article.

At this point, they seem to be going out of their way to avoid calling Breitbart a liar, even if it means, impossibly, attempting to cover up for the very lie the paper states he originally told them!

As we noted last week, the Times issued a correction to Jeremy W. Peters' softball story, where he had originally reported that, in Breitbart's selective clip from a speech by then USDA official Shirley Sherrod, audience members (according to Breitbart, but inexcusably never fact-checked by the paper before publication) "applauded" when she discussed her initial reticence in helping out a white farmer decades earlier.

In fact, as Media Matters first detailed on the day Peters' NYTimes article was published --- and as easily apparent to anybody who bothered to view the selective clip that Breitbart published at his websites under the inaccurate headline "NAACP Awards Racism" --- the audience at the speech did not "applaud."

In the course of correcting the inaccurate report, however, which had previously asserted that "Breitbart said...the crowd applauded," the Times is now offering a completely different story about what Breitbart "said" --- a story that differs with their own published correction on the very same page!

Here's what the original June 26 version of the Peters' NYT report stated [emphasis added]...

The New York Times has issued one correction to Jeremy W. Peters' error-ridden weekend puff-profile on Rightwing scam-artist Andrew Breitbart.

They corrected the error where Peters reported, just as Breitbart lied to him, that members of the NAACP applauded when they heard now-former USDA official Shirley Sherrod discuss her initial reticence at helping a white farmer decades ago. As Media Matters pointed out on Sunday, and as the Times now concedes, members of the audience didn't applaud, as Peters might have discovered simply by reviewing the video in question (otherwise known as fact-checking or reporting).

On that error, at least, the Times has now issued a correction. No correction has been issued yet, however, in response to our article on Monday detailing other errors in Peters' story, which inaccurately reported that the phony and "severely edited" "pimp" videos published by Breitbart, as created by business-partner James O'Keefe, showed "Acorn workers offering advice on how to evade taxes and conceal child prostitution."

As we pointed out on Monday (and in much greater detail long ago, in March of 2010), the ACORN workers did no such thing, in fact all of the workers secretly video-taped by O'Keefe instructed him and his partner Hannah Giles that they must pay their taxes, even on money illegally obtained through prostitution. None advised them to "evade taxes" as the Times has now defamed.

Peters says in report that "The stories and videos Mr. Breitbart plays up on his Web sites...tend to act as political Rorschach tests. If you agree with him, you think what he does is citizen journalism. If you don’t, his work is little more than crowd-sourced political sabotage that freely distorts the facts."

This is not a matter of a "Rorschach test", Mr. Peters. These are simple, independently verifiable errors of fact. ACORN workers either "offer[ed] advice on how to evade taxes" or they didn't. If you have evidence that ACORN workers did so, we'd be happy to review it. We are aware of none. Are you?

Media Matters' Eric Boehlert picked up on our Monday article, after we highlighted, once again, what the transcripts of the unedited tapes reveal actually happened in those ACORN meetings, versus the way liars like Breitbart, O'Keefe, Giles, and their minions at Fox "News" and, apparently, the New York Times have repeatedly spun it in order to fool the public. Again.

It's hardly the first time the NYTimes has flagrantly mis-reported the ACORN "pimp" hoax story, though we hope it doesn't take us six months, like last time, before we they finally issue even a partial correction. Haven't they done enough damage already?

For the record, at least five separate independent investigations (see here, here, here, here and, just last week again, here) have all concluded there was no criminality seen in any of the ACORN videos, other than by O'Keefe and Giles who are now in court defending themselves against CA Invasion of Privacy Act violations.

NYTimes Public Editor, Arthur S. Brisbane, can be politely emailed at the following address if you'd like to help encourage the "Paper of Record" to correct the record: Public@NYTimes.com.

UPDATE 7/1/11: While Jeremy W. Peters has refused to respond to several inquiries concerning his errors, the office of the NYTimes Public Editor has note replied to thank us for our email notifying them about the errors, and to say...

So that's good. At least the Times finally appears to be looking into it. It's unfortunate that Peters, a media reporter for the paper who has a frequently used Twitter account, has declined to respond publicly to at least our queries on this matter. We will update, of course, when there is more.

UPDATE 7/4/11: The NYT correction for the Sherrod part of the story is even worse than we had realized, as the paper appears to be trying to protect Breitbart by re-writing history, even though their own correction undermines them. Full details now here...

How many times can the New York Times, the country's so-called "Paper of Record," misreport the very same story?! Even after being called out repeatedly on it? They seem to be working on breaking their very own previously set record at this point.

In the yet another puff-piece on Rightwing scam-artist Andrew Breitbart, published over the weekend, in which he's described as being "careless with facts," the Times' Jeremy W. Peters continues the paper's long and proud record of being exceedingly careless with facts themselves in reporting on the faked ACORN "pimp" videos created in 2009 by Republican activist and convicted federal criminal James O'Keefe, as published by Breitbart.

That, even as Breitbart would once again provably lie to the media --- this time to Fox "News" anchor John Stossel --- about the tapes once again just late last week....

[Now UPDATED with tonight's audio archives below!...]

We're back guest hosting for two more nights on the nationally syndicated Mike Malloy Show as the Malloys' summer break continues!

Once again, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT) tonight, coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• TOMMY CHRISTOPHER, online journalist at Mediaite on being scammed by fictional sources in his "WeinerGate" reporting, and on his full-throated defense of Rightwing scam-artist Andrew Breitbart.
• RICHARD AVERETT, author of the new book ImaginePolitik, featuring a fictional character by the name of "Brad Friedman" who instructs a third-party "Independent Progressive Party" Presidential candidate who has just been named President-elect that his "victory" may likely have been due to electronic election fraud on touch-screen voting machines in the state of Georgia! Totally implausible, of course!
• PLUS: The many crimes, "Judicial Insider Trading" and increasingly apparent ethical bankruptcy of Justice Clarence Thomas, plus everything else of note today, including whatever is on your mind via calls to 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

POST-SHOW UPDATE: Tonight's archives follow below, both commercial-free audio and chat room. Enjoy!...

Rightwing activists and propagandists James O'Keefe and Hannah Giles, employees of con-artist and propagandist Andrew Breitbart, may not use the First Amendment as an excuse for breaking the law in California, according to a federal judge's ruling this week.

Judge M. James Lorenz rejected the defendants' argument and motion for summary judgment in federal court, as part of the civil lawsuit filed against them by former San Diego ACORN worker Juan Carlos Vera.

Giles had previously thrown O'Keefe under a bus by arguing that she should not be held accountable at all for violating California's Invasion of Privacy Act [CA Penal Code § 632], since he, not she, was actually wearing the hidden video camera used to secretly tape their conversations with Vera, even after they had asked if their meeting would be kept confidential.

For his part, O'Keefe, a convicted federal criminal, argued that he was allowed to violate the law because the U.S. Constitution's First Amendment protected him as a "journalist". The judge ruled against the defendants on all points...

Hey, Andy, you're famous! Just like you always wanted to be!

Apparently, these are popping up all over town out here in L.A.

NOTE: I have nothing to do with it, even as it would be impossible for me (or anybody with any knowledge of reality) to disagree with the message.

[Note: SD City Beat has now corrected their story as per our criticism in this article. See the UPDATE at bottom of this article for more details.]

The story quoted below, detailing Hannah Giles' attorneys tossing Rightwing hoaxster James O'Keefe "under the bus," comes from San Diego City Beat this week.

Please note, however, that SD City Beat's Dave Maass is still, unfortunately, misleading readers by incorrectly reporting that O'Keefe played Giles' "fake pimp partner" or that he ever "pos[ed] as a pimp" in the scam video tapes featuring deceptively and "severely edited" secretly-recorded interviews with ACORN employees.

O'Keefe never played or posed as a "pimp" in those interviews, as we spent a good portion of 2010 illustrating to the world, such that both the New York Times and its then-Public Editor Clark Hoyt both, eventually, were forced to admit in partial corrections to their repeatedly inaccurate reports making the same misleading claims.

It's a shame that Maass is still inaccurately reporting that part of the story here, as his report is otherwise good in bringing us up to date on the latest in the law suit filed against O'Keefe and Giles by former ACORN worker Juan Carlos Vera, one of those targeted by the hoax video tapes made by O'Keefe and Giles and published by their employer, Rightwing con-man Andrew Breitbart...

Just thought we should flag this one while Dick Cheney is still around (and while Obama is still in office).

According to Business Week, the former CEO of Halliburton will soon be wanted for arrest on bribery charges by Nigeria, with whom the U.S. has a long-standing extradition treaty. As well, they may also be asking Interpol, whom the U.S. is supposed to be cooperating with, to help in seeking Cheney's arrest. All of this at a time when Rightwingers (and some non-Rightwingers) are calling on Interpol to arrest WikiLeaks' Julian Assange for...something or other.

All of which may put the U.S. in "a very awkward position", according to Georgetown University's Constitutional Law professor Jonathan Turley, who discussed that --- and the Obama Administration's collusion with Republicans to protect the Bush Administration from torture charges in Spain, as we've now learned from recently released WikiLeaks cables --- on MSNBC last night...

I'm loath to even spend time on this jerk, particularly as I'm busy working on a couple of deadlines about things and people that actually matter. But I've got to take just a moment to flag the details on the latest victim of convicted federal criminal and Rightwing creep James O'Keefe and his employer/pimp/propagandist Andrew Breitbart. See Bob Braun's column at yesterday's Star-Ledger for the full details, but in short, the latest victim of the continuing O'Keefe/Breitbart assault on decency in this nation was a New Jersey special education teacher named Alissa Ploshnick.

In 1997 Ploshnick was lauded by President Clinton after risking her life to save those of a dozen school kids in Passaic where "She threw herself in front of a careening van to protect her students and landed in the hospital with broken ribs, a fractured wrist, a badly bruised pelvis and glass cuts in her eyes."

As Braun notes, "She could have died." This year, however, she was lured into another deceptively edited, hidden video "exposé" created by the criminal and serial liar O'Keefe...