Still dealing with the legal fallout from their undercover ACORN sting from 2009, Talking Points Memo reports that lawyers for James O'Keefe and Hannah Giles are busy responding to a California lawsuit that claims the two conservative activists broke state law by secretly tape recording ACORN workers and then releasing the recordings without permission, according to a report from Talking Points Memo.

What's interesting is that O'Keefe and Giles, who performed as an undercover team in the ACORN tapes, have different sets of lawyers and apparently very different sets of defenses.

From TPM:

A team of four lawyers is defending O'Keefe on a pro bono basis in the suit filed by one of O'Keefe's targets, and they're citing everything from the writings of James Madison to Ashton Kutcher's MTV show “Punk'd” to a Woody Allen segment on “Candid Camera” to claim O'Keefe's ACORN sting is protected by the First Amendment.

So O'Keefe's team is going to fight the charges on constitutional grounds. Giles' team? Not so much:

Lawyers for O'Keefe's partner in the ACORN sting, Hannah Giles (who posed as a prostitute in the videos), are arguing that Giles shouldn't be held responsible because she wasn't the one doing the actual recording.

And who was doing the recording during the California sting? James O'Keefe.

This is reminiscent of the approach Andrew Breitbart was forced to take last year when it became obvious that O'Keefe had misled everyone with regards to the ACORN tapes and the false premise he presented that he entered ACORN offices wearing a pimp costume. In the end, Breitbart, who sponsored the dishonest sting, placed the blame squarely on O'Keefe's shoulders, claiming he “didn't know” what was actually on the tapes, and that O'Keefe brought the tapes to him so O'Keefe was responsible for any “discrepancy.”