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Did they have electronic surveillance devices on their person that would enable them to actually tap a phone? If not, then the government's ability to prove intent is going to seriously hampered.
Actually, this is the only crime that's been committed:
If the government can't prove intent, then O'Keefe is going to allowed to walk with probation, at the most.
O'Keefe has already admitted intent.
The Federal Bureau of Investigation said Mr. O'Keefe, who had traveled to New Orleans and delivered a speech Thursday, admitted to helping plan and coordinate the scheme. --WaPo