February 2, 2010 7:50 AM

Prosecutor Pulls Out of Landrieu Case

James O'Keefe speaks with the media while getting into a taxi cab after being released from the St. Bernard Parish jail in Chalmette, La., Tuesday, Jan. 26, 2010.

James O'Keefe speaks with the media while getting into a taxi cab after being released from the St. Bernard Parish jail in Chalmette, La., Tuesday, Jan. 26, 2010. (AP Photo/Patrick Semansky)

(CBS/AP)  The top federal prosecutor for New Orleans has removed himself from the case of four conservative activists arrested last week while trying to capture hidden camera footage in a senator's office, the Department of Justice said Monday.

A Justice Department news release said Jim Letten, U.S. Attorney for the Eastern District of Louisiana, recused himself from the case a day after the Jan. 25 arrests in Democrat Sen. Mary Landrieu's office in New Orleans. Letten's top lieutenant, assistant U.S. Attorney Jan Mann, has taken over.

The news release didn't say why Letten removed himself, and his spokeswoman Anna Christman said she couldn't comment.

One of the suspects is the son of Letten's Shreveport-based counterpart.

Another man who was arrested, daredevil videographer James O'Keefe, has said the group wanted to investigate complaints that constituents calling Landrieu's office couldn't get through to criticize her support of a health care reform bill. Landrieu's office has said O'Keefe's explanation is feeble, and the case should be thoroughly investigated.

Tampering Suspects Share Conservative Ties
Read FBI Affidavit on Tampering Charges

Authorities said O'Keefe, who claims there was never a plan or attempt to bug any of the senator's phones, used his cell phone to try to capture video of two other men who posed as telephone repairmen and asked to see the phones at Landrieu's office. The fourth is accused of waiting outside in a car with a listening device that could pick up transmissions.

O'Keefe is known nationally for hidden-camera videos targeting the community-organizing group ACORN.

In an interview Monday on Sean Hannity's talk show on Fox News, O'Keefe likened the group's actions to techniques investigative journalists use.

"I really did not think we broke any laws," he said. "I think this is sort of a misunderstanding."

O'Keefe wouldn't explain in detail what the four were doing in the office, but he acknowledged using a hidden camera and a cell phone to record video of their interactions with Landrieu's staff. He said he wants the recordings to be released.

Also arrested were Robert Flanagan of New Orleans, Joseph Basel of Minnesota and Stan Dai of the Washington, D.C., area, all 24. All four face a charge of entering federal property under false pretenses for the purpose of committing a felony, which carries up to 10 years in prison. They are free on $10,000 bail and are due back in court Feb. 12.

Flanagan is the son of the Shreveport-based acting U.S. attorney for Louisiana's Western District, William Flanagan.

Robert Flanagan's lawyer, J. Garrison Jordan, said he doesn't know why Letten left the case.

"I have no idea," he said. "It would just be speculation on my part."

© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 23 Comments
by cameraphone February 2, 2010 11:05 PM EST
Watergate is in the DNA of conservatives.
Reply to this comment
by lakota2012 February 2, 2010 10:43 AM EST
by RobAla:
"The office of a public official (Senator) should not be treated as a private office."
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Maybe in your delusional conservative parallel universe, but the fact remains that Senator Landrieu's office is in a federal building protected by federal laws, federal guards and the FBI, and these conservative juvenile delinquents broke federal laws while accessing the main phone box. It just doesn't matter what you or hapless hannity or conspiracy theorist glenn beck actually 'think,'
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by lakota2012 February 2, 2010 10:35 AM EST
by nowhiningallowed:
"...most in ACORN are also criminals.."
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Typical propaganda parotted by the republiCON network syccophants, that continue to show just how brainwashed they are, especially since Acorn has registered so many poor, minority voters. Where's your proof of that absurd and libelous statement?


FLASHBACK: Hannity, Breitbart led conservative media fundraising for activist videographers sued by ACORN

January 26, 2010

After ACORN filed a lawsuit against conservative activists Hannah Giles, James O'Keefe, and Breitbart.com LLC, Sean Hannity, Andrew Breitbart, HotAir.com's Allahpundit, and NewsBusters offered to -- in the words of Hannity -- "put out the word" to "help" Giles and O'Keefe raise money for their legal defense. Conservative media figures -- led by Glenn Beck -- helped Breitbart strategically release and aggressively promote the undercover videos that sparked ACORN's lawsuit.

http://mediamatters.org/blog/201001260070
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by retiredgustav February 2, 2010 10:21 AM EST
We really don't know what their intentions were. Waterboard them until we find the truth and find out who was behind them.
Reply to this comment
by lakota2012 February 2, 2010 10:15 AM EST
In an interview Monday on Sean Hannity's talk show on Fox News, O'Keefe likened the group's actions to techniques investigative journalists use.

All four face a charge of entering federal property under false pretenses for the purpose of committing a felony, which carries up to 10 years in prison.
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Obviously, the republiCON network condones committing felonies in a federal building as long as it is done by juvenile delinquent conservatives. I hope they're convicted, sentenced to time in the federal pen with Bubba, and end-up on parole for years, where they try this subversive act again and end-up in prison for life. Bubba will take good care of these conservative lawbreakers, 'thinking' they are above the law!
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by midlclass February 2, 2010 2:14 PM EST
I agree, I wonder how these same repubs would feel about a 20 year old muslum representing himself with a false id walking into say mitch mcconnels office. and making false statements (lies) to gain axcess to information.
by bill0bob February 2, 2010 10:07 AM EST
"daredevil videographer James O'Keefe" ???

What kind of "reporting" is this? He's just another felon, not a "daredevil", like Evel Kneival.

"I really did not think we broke any laws," he said. "I think this is sort of a misunderstanding." -- O'Keefe

And he's obviously a COMPLETE MORON, too! That's the same kind of drivel those "Christians" who kidnapped children from Haiti used. They had the "best of intentions". They "didn't know it was wrong".

REAL CONSERVATIVES, those who have always been strong supporters of LAW AND ORDER, know this for what it is: TOTAL BS. Ignorance of the law is no excuse. Today's "conservatives" are just a bunch of cretins who believe they have the "right" to do whatever they want, and the rest of the world can just get stuffed.

Today's conservatism is a mental defect. It's not something anyone should be proud of. Put these bums in jail where they belong.
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by SueZeeeQue February 2, 2010 9:53 AM EST
Add O'keefe to the long list of neocon heroes who turned out to be criminals and or perverts.
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by SueZeeeQue February 2, 2010 9:49 AM EST
I wonder if O'keefe will become someones prison girlfriend?
Reply to this comment
by SueZeeeQue February 2, 2010 9:35 AM EST
O'keefe is a felon.

Justice will be well served if he spends the next few years in jail with the people he hates most: minorities and poor people
Reply to this comment
by SueZeeeQue February 2, 2010 9:42 AM EST
You are just parroting right wing propaganda.

The real problem neocons have with Acorn is that they have been registering poor and minority voters who don't vote for Republicons.

No one has found Acorn guilty of braking any laws.

When you find something of substance bring it forward.
by AOCGUY February 2, 2010 9:43 AM EST
whining - And of course you have evidence to suport your accusations!
by mec6951 February 2, 2010 9:25 AM EST
Okeefe was just trying for an expose of the Senator and he got caught red-handed. They should throw the book at this weasel... then maybe he's think long and hard before pulling any more escapades like this. Of course, being a rich WASP, he'll probably get off scot free.
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