A Texas judge dismissed a complaint based on claims from a video produced by conservative fabulist James O'Keefe after special prosecutors ripped the video as “little more than a canard and political disinformation.”
In February, O'Keefe and his Project Veritas group released a video investigation of progressive organization Battleground Texas. In the video, O'Keefe accuses the group, which he labels “the new ACORN,” of using “potentially illegal methods to change elections.” The allegation hinged on O'Keefe repeatedly pointing to a part of the Texas Election Code, which states that “the registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application.”
An organizer from Battleground Texas -- which has worked to register voters in the state -- says in the video that the group has taken phone numbers from the applications, which they will use to reach out to people and encourage them to vote closer to the election. A quote from Texas Secretary of State Nandita Berry's office included in the video suggests that the Battleground Texas organizers may in fact have been in violation of the law.
Following outrage from Republican officials, complaints were filed with the secretary of state's office about the claims from the video. A Texas judge eventually appointed two special prosecutors -- one of whom is reportedly a Republican -- to investigate the allegations.
On Friday, the special prosecutors released a report recommending the case's dismissal, which a judge granted. As first reported by Texas blog Burnt Orange Report, the recommendation for dismissal from the special prosecutors is withering, attacking, among other things, “unprofessional” aspects of O'Keefe's video.
According to the prosecutors, the language about copying telephone numbers from registration applications “applies only to the official county registrar, not to a volunteer deputy registrar.” Further, they conclude that “three recent attorney general opinions hold that one's telephone number on a voter registration is not confidential information.”
After labeling the Veritas video “little more than a canard and political disinformation,” the prosecutors recommend that the complaint “be dismissed for insufficient evidence and failure to state an offense.” San Antonio Judge Raymond Angelini subsequently signed an order dismissing the complaint.
The dismissal of the complaint is merely the latest egg in O'Keefe's face, whose work has repeatedly been marred by misinformation and incompetence and condemned by law enforcement reviews. Last year, O'Keefe agreed to pay $100,000 to an ACORN employee he had smeared as part of his fraudulent ACORN sting.
A copy of the special prosecutors' recommendation for dismissal, courtesy of Burnt Orange Report, is below.