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I don’t see how ACORN survives at this point; the IRS is the latest to pile on, severing ties with ACORN, and slapping a tax lien for unpaid payroll taxes on top of that blow. The lawsuit seems like an even worse attempt–less of a Hail-Mary Pass than an own-goal. At best, it keeps this distressing story in the news, more firmly impressing it into peoples’ consciousnesses and making it therefore more difficult for Democrats to quietly let the organization back on the government gravy train at some future date. At worst, the lawsuit opens up ACORN to discovery, during which the defense can plunder their records. ACORN appears to be trying to avoid this fate by suing for intentional infliction of emotional distress rather than defamation (for which truth is an absolute defense). But that just makes it more likely that the case will be removed to federal court and dismissed. When that happens, the public mind will not make fine distinctions about legal doctrine. They’ll just remember that a judge thought ACORN was in the wrong.
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