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"And ye shall know the truth, and the truth shall make you free." - John 8:32
WEBCommentary Contributor
Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  November 4, 2009
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Topic category:  Government/Politics

When Is a Whistleblower No Longer a Whistleblower?

"ACORN has been a subversive organization from the start. Zach Pollett has been the director of ACORN's political operations from the start. The public disclosure last summer of the Dale Rathke embezzlement and its cover up for years led to a power struggle and some personnel change, not political change."

Whistleblower (The Free Dictionary): "One who reveals wrongdoing within an organization to the public or to those in positions of authority."

That definition notwithstanding, is a person a whistleblower only as long as the ACORN 8 say so?

In the case of ACORN whistleblower Anita MonCrief, the ACORN 8 now would have you believe that Ms. MonCrief is NOT a whistleblower.

Ironically, the reason why is that Ms. MonCrief blew her whistle on them!

When ACORN affiliate Project Vote filed an action against Ms. MonCrief in the United States District Court for the District of Columbia on June 17, 2009, ACORN 8 issued a statement, posted at, stating:

"ACORN -vs- Anita Moncrief

"Statement on Recent ACORN Whistleblower Retaliation

"On behalf of the National Board of the ACORN 8, we are all saddened by and express great concern due to the ACORN court action filed against whistleblower Anita Moncrief..... we as reform advocates decry the tactic of suing whistleblowers – especially, low to moderate income people who do not have the financial means to effectively fight back in courts of law. Moreover, this is yet another example of why congress must enact strong corporate, government and tax-payer funded whistleblower protection laws."

The ACORN 8 used the suit against Ms. MonCrief to try to raise funds for...THEMSELVES!

ACORN 8 statement: "As ACORN reform advocates –we also fear legal retaliation from ACORN due to the reform campaign we are currently engaged in against ACORN. While we anticipate that any such legal action if brought would be baseless and vexatious; it would nevertheless be distracting and expensive. We are already being intimidated through character assassination, cease and desist letters, harassing emails and blogs, and death threats. We need the public’s help to ensure that these bullying tactics won’t work. Please support the ACORN 8, please donate to the A8 Legal Defense Fund at"

The ACORN 8 later scrubbed their website to remove that ACORN 8 statement.

In "ACORN Whistleblower Anita MonCrief: Independent, NOT An ACORN 8 Member" (July 7, 2009), I reported the ACORN 8 statement while also noting that "Ms. MonCrief is not and never has been a member of the ACORN 8" and "ACORN 8 is not providing either money or legal services to Ms. MonCrief."

I explained: "Ms. MonCrief has supported ACORN 8 efforts to expose some of the wrongdoing at ACORN, but Ms. MonCrief's goal is to expose ALL of the wrongdoing and not simply to have one control group replaced with another, with ACORN continuing to function as 'an unofficial arm of the Democratic Party,' as Ms. MonCrief described ACORN when Bill O'Reilly interviewed her on 'The O'Reilly Factor' last May."


I reported the big difference between Ms. MonCrief and the ACORN 8, as follows:

"The message at the top of the homepage at the ACORN 8 website calls for 'Fighting for Truth, Transparency and Accountability Within ACORN.'

"Ms. MonCrief has been fighting for truth, transparency and accountability BY ACORN.

"There's a big difference.

"The WHOLE truth, not just the truths the former and current controllers of ACORN don't want to be public knowledge."

On October 30, 2009, Ms. MonCrief posted at and in the Green Room at a powerful piece titled "How I Overcame Fear and Rejected the ACORN 8 Alternative."

It was essentially a young ex-radical's declaration of independence.

Ms. MonCrief: "Fear and outside influences kept me off Fox the weekend before the election. Fear and a sense of loyalty to Strom kept me from immediately exposing the New York Times by releasing our email exchanges before March of 2009 and fear tied me to Marcel Reid [head of the ACORN 8], who used those fears to manipulate and control me. In the end, fear did not prevent me from realizing that I was no longer ideologically aligned with the ACORN 8. I was no longer the far left radical who wanted to change the system, and I no longer felt that I had to stand with my Democratic party."

On the next business day Ms. Reid and her ACORN 8 retaliated in a press release titled "ACORN 'Informants' and Whistleblowers" reclassifying Ms. MonCrief as a mere "informant"...FOR BLOWING HER WHISTLE ON MS. REID AND THE ACORN 8!

In the release it is desperately (and snidely) insinuated that Ms. MonCrief is a self-promoter, a tattle-teller and "a deluded thief."

The ACORN 8 reported the same charges made by ACORN affiliate Project Vote in its lawsuit against Ms. MonCrief, but not her denial, and implied that "[t]he only difference" between Dale Rathke and Ms. MonCrief is that "ACORN actually fired MonCrief when she got caught but covered up the Rathke embezzlement."

Michael McCray, National Spokesman for the ACORN 8: “Anita MonCrief is darling of the far right, due to her highly critical and provocative statements; including unsupported accusations and fabricated evidence.”

But what accusations supposedly are "unsupported" and what evidence supposedly is "fabricated"?

No specificity.

McCray: “MonCrief’s allegations--if true–provide the strongest connection between ACORN and the Obama Presidential campaign; however, these allegations have never been publicly substantiated with any proof or actual evidence.”

The truth is that the ardent Obamatons who constitute the ACORN 8 don't want to accept those allegations and they made that clear in their response to the Issa report.

I explained this in "Michelle Malkin Exposes Obama's Culture of Corruption, Extols ACORN Whistleblower Anita MonCrief" (July 29, 2009):

"The sharp contrast between Ms. MonCrief and the ACORN 8 is made easily understandable by ACORN 8 statements in their latest press release.

"That release, titled 'ACORN 8 has the Power - House Oversight Committee Report Vindicates ACORN 8 and their RICO Claims,' is billed by the ACORN 8 as their response 'to a blistering report released by Rep. Darrell Issa (CA), the Ranking Republican on the House Oversight and Government Reform Committee, which presents compelling evidence that ACORN has evaded taxes, obstructed justice, engaged in racketeering, and created a conspiracy to defraud the United States' and that report is characterized as confirmation of 'the criminal violations of ACORN 8 member's constitutional rights' and cause for 'the Justice Department to take this matter seriously and promptly move to prosecute' and 'the federal government and large private donors to pursue injunctive relief so that ACORN assets and records are not dissipated or destroyed until the group undergoes a forensic audit.'

"On that, Ms. MonCrief and the ACORN 8 agree.

"But the ACORN 8 do not want an investigation that would embarrass President Obama and Ms. MonCrief wants the whole truth exposed.

"The ACORN 8 release significantly states that while the ACORN 8 'commend learned counsel and the committee on this in depth report on ACORN,' they 'do not share all of the conclusions drawn by the committee - particularly those related to ACORN's political operations or any purported connections to President Obama.'

"But those conclusions are equally valid and even more important.

"ACORN was established in 1970 to subvert America and it became an unofficial arm of the Democrat Party long ago.

"The fact that many people, including well-meaning ACORN members, did not know what ACORN was all about does not make ACORN any less subversive or dangerous.

"The ACORN 8 are thrilled with the report's 'conclusions about ACORN's mismanagement, poor governance and enterprise corruption,' but they too are ardent Obama supporters and, unlike Ms. MonCrief, now a self-described 'ex-liberal,' they don't want the whole story of ACORN corruption to become public knowledge.

"Thus, it is not surprising that the day before the ACORN 8 filed a complaint with the United States Justice Department, they dropped two Illinois ACORNians connected to President Obama (Madeline Talbott and Keith Kelleher) as 'defendants.'

"On January 6, 2009, ACORN 8 leader Marcel Reid emailed Ms. MonCrief that the prior version of the complaint including those two as 'defendants' should be filed. Ms. Reid to Ms. MonCrief: 'Here is the complaint I would file on January 7, 2009. We don't have all of the exhibits prepared exactly like Zena wants --but I personally would not let that delay us.'

"The ACORN 8 claim that their 'mission is to protect ACORN's low and moderate income membership and the communities in which they live' and to 'stand for our members and the little guy'.

"That's noble-sounding, but standing for the truth, the whole truth and nothing but the truth and the rule of law must come first.

"Top ACORN 8 leaders (there are 32 dues-paying members) only want part of the truth told (part that helps them, unsurprisingly).

"Last July they agreed that ACORN should NOT take ACORN founder and former Chief Organizer Wade Rathke to court in order to protect then presidential candidate Obama.

"Check the notes of the ISM Meeting in Chicago held on July 29, 2008. Ms. Reid and Karen Inman of the ACORN 8 are listed among the four ACORN members present at the meeting.

"Under 'Wade Rathke's Liabilities and other Liabilities Matters,' it is stated: 'IF the idea for ACORN to go after Wade is decided upon--the recommendation is to wait until after December--elections, ACORN needs to get their corporation in order, clean house in terms of getting paperwork in order, etc.'

"Ms. Reid and Ms. Inman wanted Wade Rathke replaced, but they did not necessarily want to go after him publicly ('IF') and certainly not before Election Day 2008! In addition, the minutes state under 'Wade Rathke's Liabilities and other Liabilities Matters': 'These matters are an issue not to be discussed with other board members, management staff UNLESS they have officially signed the joint defense agreement.'

"So much for the ACORN 8's call for 'truth, transparency and accountability' even 'within ACORN'!

"The ACORN 8 release also states: 'The Oversight Committee Report simply confirms what we've argued all along, and that is ACORN has been hijacked by a cabel of senior managers at the expense of its poor and working class membership and the American taxpayers.'

"That's false. It's a fairy tale. ACORN has been a subversive organization from the start. Zach Pollett has been the director of ACORN's political operations from the start. The public disclosure last summer of the Dale Rathke embezzlement and its cover up for years led to a power struggle and some personnel change, not political change. Lastly, the ACORN 8 release states: 'While various rights and interests are implicated by the committee report, we hasten all involved and the general public to remember that ultimately it is the rights and interests of low and moderate income people that need to be vindicated given ACORN's questionable business practices.'

"Wrong again!

"What is needed is for the whole truth to become publicly known and the law to be enforced, for the sake of the United States of America as a whole, not the promotion of any special interest at the expense of the truth and the rule of law.

"For that to happen, people need to know what Ms. MonCrief learned.

"Ms. MonCrief has been sharing and Ms. Malkin has been reporting powerfully, both in her new book and at under ACORN Watch.

"These ladies are fighting for America, and they deserve our support."

They still are, and they still do!

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to,,, and and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is

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