Politico notes that a threatened suit by ACORN against O'Keefe and Giles would be a major mistake for the organization. Threatened criminal charges against them are being threatened by the ACORN workers involved: The New York Daily News reported today that the district attorney in New York will view the undercover production and recommend possible criminal charges.
A similar video was purportedly done at an ACORN office in Baltimore.
Former ACORN workers in the city are planning to file a civil complaint against the makers of the video, according to the website Investigative Voice.
City state's attorney Patricia Jessamy said on WBAL's Shari Elliker Show that she could not prosecute based on restrictions for evidence obtained illegally.
Maryland law requires two party consent to be recorded.
That may not be the case in New York.
Maryland's Attorney General said investigation by his office is not possible because it is a local jurisdiction.
My prediction record includes suggesting that Attorney General Holder would never appoint a special prosecutor to investigate the CIA, so you can see I'm no Nostradamus, but prosecutors are not compelled to proceed on criminal complaints filed by private parties and my guess is that the Brooklyn prosecutors will pass just as the Maryland prosecutors did.