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Judge urged to reverse ruling over ACORN funding

By LARRY NEUMEISTER
,
AP
posted: 3 DAYS 17 HOURS AGO
comments: 9
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NEW YORK -The government has asked a federal judge to let it cut ACORN's funding, saying a report commissioned by the embattled community activist reinforces Congress' concern about misuse of federal funds.
In papers filed Wednesday in U.S. District Court in Brooklyn, government lawyers sought a reversal of Judge Nina Gershon's ruling last week that the government's cutoff of ACORN funding was unconstitutional.
Gershon said ACORN was punished by Congress without "judicial, or even administrative, process adjudicating guilt."
ACORN, or the Association of Community Organizations for Reform Now, describes itself as an advocate for low-income and minority homebuyers and residents.
Critics of the group say it has engaged in voter-registration fraud and embezzlement and has violated the tax-exempt status of some of its affiliates by engaging in partisan political activities.
In asking Gershon to reconsider her ruling, the government cited the Dec. 7 report written by Scott Harshbarger, former attorney general for Massachusetts. It said the report "reinforces Congress' purpose in preventing fraud, waste and abuse" by describing ACORN's long-standing management problems.
The report concluded that ACORN leadership at every level was thin, the government noted.
Meanwhile, ACORN lawyers filed an amended lawsuit Thursday and said they will ask Gershon to make sure the government knows that the judge's ruling applies to a budget bill signed this week.
Bill Quigley, legal director of the Center for Constitutional Rights, said the bill contains the same language Gershon found unconstitutional.
"We are asking that she just make it absolutely clear that new budget or old budget, you can't violate the Constitution in this way," said Quigley, who is representing ACORN in its court fight.
Quigley said he expects money will resume flowing to the group again soon but that permanent damage has been done by slander.
"Congress essentially said: `We are going to convict you of fraud and mismanagement and turn off all your funds because of complaints we have received. We don't have time to give you a trial, due process, or a chance to defend yourself,'" he said.
The judge scheduled a hearing for Tuesday to address the government's motion to reconsider her ruling and to discuss ACORN's updated lawsuit.
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
2009-12-17 17:35:25

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COMMENTS ( 9 )
Page 1 of 1 1
BeasleyFluff
5:41PM Dec 12 2009 
I TRULY BELIEVE THE jUDGE SHOULD DEFINITELY BE IMPEACHED AND KICKED OFF THE BENCH. SHE IS WAY TO FAR TO THE LEFT AND PROBABLY GOT PAID OFF BY ACORN.
REPLY RATING
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Fishcove1
11:06AM Dec 12 2009 
Judge's name is very familiar, a left wing zellot?
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Phanntom
1:42AM Dec 8 2009 
They say their 400,000 family memberships is what sustains them...we'll see. The gov't takes funding away, cancels contracts and penalizes in various ways single groups all the time. If the courts even agree to hear this case we should all be suspect.

The people that did the videos found corruption at each office they visited which indicates a systemic problem. As they say...a fish always rots from the head down...look who's at the top...Obama.
REPLY RATING
(1 RATINGS)
 
Rahgolf
9:53AM Nov 26 2009 
They really are silly and stupid duplicitous bastards!!
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HSK8TER
3:14PM Nov 25 2009 
ACORN IS SUING THE GOVERNMENT? Well, maybe WE should all SUE ACORN for Fraud and get all the money WE ALL donated to their scam!!
I wonder what will happen when they figure out all the VOTER FRAUD? Can we throw those votes out and demand a recount of the Presidential Election?
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(2 RATINGS)
 
BlackRavenHawk33
2:52PM Nov 25 2009 
I lie the name Acorn Just my two cents...
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YardusDoggus
7:57AM Nov 25 2009 
Since when did the constitution become amended to fund crooked voting organizations?
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(5 RATINGS)
 
Dodah001
8:51PM Nov 24 2009 
How can an organization that is encouraging illegal activity and telling people how to get around paying taxes, expect Govt. funding? I don't see how they can possibly hope to sue for funding their criminal ventures!
The Ghetto Blacks have to quit trying to tear down the moral fiber of this once great nation, and if they do, maybe it'' be great once again!
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(4 RATINGS)
 
Rov poolman
7:02PM Nov 24 2009 
Unconstitutional is giving acorn money to satart with.
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(6 RATINGS)
 
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The government has asked a federal judge to let it cut ACORN\'s funding, saying a report commissioned by the embattled community activist reinforces Congress\' concern about misuse of federal funds.