Challenging Activist Judge & NAF


Troy Newman & Judge William Orrick

 

John R. Houk

© August 5, 2017

 

On July 14, 2015, the Center for Medical Progress (CMP) released its first undercover Planned Parenthood video, blowing the whistle on the abortion industry’s practice of illegally harvesting and selling the body parts of aborted babies.

 

Just 17 days later, the National Abortion Federation (NAF) filed a lawsuit against CMP and ultimately secured a preliminary injunction against lead investigator and CMP founder David Daleiden. The injunction prohibited him from releasing any footage obtained during NAF conferences and meetings, which David had attended undercover with the goal of exposing illegal activity by the abortion industry.

 

Fast forward almost two years—and the lawsuit is still ongoing. Meanwhile, Daleiden’s footage from the NAF conference remains under lock and key, leaving some to wonder what secrets NAF is trying to hide. (Abortion Industry’s Interests Should Never Outweigh Public Concerns or First Amendment Rights; By Marissa Mayer; Alliance Defending Freedom; 4/21/17)

 

U.S. District Judge William Orrick violated the First Amendment Rights of the Center for Medical Progress (CMP) by gagging all undercover videos exposing the murderous intent by National Abortion Federation (NAF) in trafficking aborted and live birth baby parts for profit. Planned Parenthood was stung the same way. Leftists in law enforcement are doing their best to cover-up these nefarious murders and felonious activities with baby part trafficking.

 

U.S. District Judge William Orrick, who granted the preliminary injunction in favor of the National Abortion Federation to halt the release of the videos, ordered any links to the video to be removed after it was published by the Center for Medical Progress on Thursday.

 

Judge Orrick also ordered CMP lead investigator David Daleiden and his attorneys to appear in court June 14, The Associated Press reported, for a hearing where he will consider holding them in contempt for releasing the footage.

 

Mr. Daleiden has been charged with 15 felonies in California stemming from his undercover investigation into the abortion giant. His attorneys have called it a “witch hunt” that flies in the face of the First Amendment.

 

YouTube has not responded to a request for comment.

 

The three-minute video showed top Planned Parenthood executives joking about severed fetus heads, admitting to altering abortion procedures to preserve fetal organs and conceding that clinics have a financial incentive to sell the human remains from abortions. (YouTube removes latest Planned Parenthood video on judge’s order; By Bradford Richardson; Washington Times; 5/26/17)

 

Judge Orrick took advantage of the 9th Circuit Appellate Court’s unfavorable ruling to make that gag order.

 

The abortion industry has desperately tried to suppress and delegitimize the work of CMP, including through the use of litigation. We represent former CMP board member Troy Newman – who is also the President of Operation Rescue – in lawsuits filed by the National Abortion Federation (NAF) as well as Planned Parenthood Federation of America (PPFA) and numerous Planned Parenthood affiliates, and we recently filed briefs in both cases.

 

In the NAF case, the trial court issued a preliminary injunction that prevents the defendants from publishing videos or materials relating to NAF conferences, or sharing such information with anyone, including state Attorneys General or local law enforcement officers, while the case moves forward. The defendants have appealed the decision to the U.S. Court of Appeals to the Ninth Circuit, and we recently filed a reply brief (under seal by court order) that emphasizes that government investigators, and the general public, have a compelling interest in being able to review the videos and materials themselves.

 

In the PPFA case, we recently filed a reply brief supporting our motion to dismiss the lawsuit. Our brief explains that all of the claims – such as wire fraud, racketeering, and breach of contract – are meritless, so the case should be dismissed. (Two Briefs Filed in Fight to Expose Illegal Abortion Practices; By ACLJ.org; 7/2016)

 

One of the founders of CMP, Troy Newman, has filed a petition with the Supreme Court to win back the First Amendment Right to expose the crimes of Planned Parenthood.

 

Here is the Press Release that I first received in my Inbox from Operation Rescue; however, I’m cross posting the PR from ChristianNewsWire.com.

 

JRH 8/5/17

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Newman Files Petition with Supreme Court Challenging Gag Order that Bans Sharing Evidence with Law Enforcement

 

PRESS RELEASE

August 4, 2017

ChristianNewsWire.com

 

Contact: Troy Newman, President, 316-683-6790 ext. 111; Cheryl Sullenger, Senior Vice President , 316-516-3034; both with Operation Rescue,  info.operationrescue@gmail.com   

 

WASHINGTON, Aug. 4, 2017 /Christian Newswire/ — Troy Newman, president of Operation Rescue and a founding member of the Center for Medical Progress, filed a petition yesterday to the U.S. Supreme Court, challenging the Constitutionality of a preliminary injunction that prohibits the release of undercover videos recorded at National Abortion Federation (NAF) meetings – even to law enforcement when they contain evidence of crimes.

 

The petition, captioned Newman v. National Abortion Federation, states:

 

This Petition stems from an injunction forbidding the voluntary disclosure to law enforcement agencies, other governmental bodies, and the general public of recordings and other information that the enjoined individuals and entities-as well as Congressional investigators-believe are evidence of widespread criminal, illegal, and unethical conduct, including felonies.

 

Newman is represented by Jay Sekulow, who leads Newman’s team of attorneys from the American Center for Law and Justice (ACLJ).

 

During Newman’s tenure on the Board of the Center for Medical Progress, the NAF, and later Planned Parenthood, filed suits in a San Francisco Federal Court against Newman and others in an effort to prevent the release of further undercover videos that exposed the illegal trade in aborted baby body parts.

 

And it is little wonder that the NAF would not want the videos released.

 

Newman’s Supreme Court Petition notes that Congressional investigations conducted by the Senate Judiciary Committee and the House Select Investigative Panel on Infant Lives referred members of the National Abortion Federation and Planned Parenthood to federal, state, and local law enforcement agencies for criminal investigation and prosecution.

 

Newman argues that the enjoined recordings corroborate the determination of the two Congressional investigations, which found evidence that NAF members (including several Planned Parenthood organizations) were engaged in the following criminal conduct:

 

  • Profiting from the sale of fetal organs;

 

  • Altering abortion procedures for financial gain;

 

  • Performing illegal partial-birth abortions;

 

  • Killing newborns who survived attempted abortions;

 

  • Failing to obtain informed consent for fetal tissue donations;

 

  • Violating federal regulations regarding Institutional Review Boards (IRBs); and

 

  • Fraudulent overbilling practices.

 

Newman’s petition further states:

 

It has long been a tenet of Anglo-American jurisprudence that individuals who believe that they have information concerning criminal or illegal activities should be permitted, and encouraged, to voluntarily provide such information to government authorities. Similarly, investigative journalism concerning matters of public concern, including the uncovering of illegal, unethical, or troubling activities, is a constitutionally protected, venerable undertaking.

 

Newman’s unsuccessful appeal to the Ninth Circuit was joined by state 14 Attorneys General, led by Arizona, who are seeking to review the evidence contained in the recordings.

 

As the most important abortion case currently under litigation, Newman v. NAF could have profound implications on the future use of undercover investigative techniques and the ability of law enforcement to gather evidence in criminal investigations.

 

Read the Petition in Newman v. NAF

 

Operation Rescue is one of the leading pro-life Christian activist organizations in the nation and has become a strong voice for the pro-life movement in America.  Click here to support Operation Rescue.

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Challenging Activist Judge & NAF

John R. Houk

© August 5, 2017

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Newman Files Petition with Supreme Court Challenging Gag Order that Bans Sharing Evidence with Law Enforcement

 

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Fourteen of 15 Felony Charges Dismissed Against Planned Parenthood Videomakers


San Francisco, CA — Christopher Hite, who spent nearly 18 years as a deputy public defender and was instrumental in developing the San Francisco Public Defender’s racial justice initiatives , was sworn in today as a San Francisco Superior Court judge.

 

California Superior Court Judge Christopher Hite dismissed 14 out of 15 felony charges against Center for Medical Progress (CMP) video makers David Daleiden and Sandra Merritt in their exposé of Planned Parenthood baby-murder for research baby parts scheme.

 

Planned Parenthood bought California Attorney General Xavier Becerra and his baby killing benefactor are probably squealing in their exposed hypocrisy of prosecuting the Whistleblowers rather than the actual Planned Parenthood felons.

Below is the Breitbart story of the 14 felony counts against Daleiden and Merritt being tossed.

 

JRH 6/24/17

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Fourteen of 15 Felony Charges Dismissed Against Planned Parenthood Videomakers

 

By DR. SUSAN BERRY

June 22, 2017

Breitbart.com

 

Melissa Farrell Director-Research Planned Parenthood

 

A superior court in California has dismissed 14 of 15 felony charges against the video journalists who exposed alleged profiteering from the sale of body parts of aborted babies within Planned Parenthood and its partners in the biomedical procurement industry.

 

The charges were dismissed against David Daleiden and Sandra Merritt of the Center for Medical Progress (CMP) – with leave to amend, meaning California Attorney General Xavier Becerra may refile those charges, if he includes more specific facts.

 

Judge Christopher Hite also denied the attorney general’s request for contempt sanctions against Daleiden’s criminal defense counsel, former Los Angeles County District Attorney Steve Cooley & Associates (SCA) and his associate, former Los Angeles County Deputy District Attorney Brentford J. Ferreira.

 

“We were pleased with Judge Hite’s rulings over all,” Cooley and Ferreira said in a statement sent to Breitbart News. “We look forward to further pre-trial litigation.”

 

CMP itself broke the news on Facebook Wednesday:

 

BREAKING: State judge GRANTS most of defendant Daleiden’s and Merritt’s demurrer motions, knocking out the 14 recording charges until the CA AG amends their complaint. The judge also denied the AG’s request for contempt sanctions against David’s defense counsel, and agreed Judge Orrick’s federal gag order in the civil lawsuit should not prevent defendants from using the videos in our defense.

 

Christian News reports the California Department of Justice’s statement on the dismissal:

 

Following the defense’s complaint that there are too many surreptitious recordings to know which ones the California Department of Justice is relying on, the judge requested more specificity in the charging document, specifically to identify the videos that are the basis of the charges. The California Department of Justice has 10 days to amend the complaint and will be making the requested changes.

 

Becerra’s office alleged that Daleiden and Merritt recorded 14 individuals connected to the abortion and fetal tissue industries in Los Angeles, Pasadena, San Francisco, and El Dorado, without their consent.

 

“This is a politically motivated prosecution,” Daleiden told reporters Wednesday. “And this is discriminatory against pro-life Americans and a rally against Californians who happen to have a different point of view.”

 

The explosive videos of the individuals, allegedly discussing how they obtain the highest quality fetal body parts during abortions in order to maximize sales to biotech companies, rocked the nation and set off multiple congressional investigations into the abortion and fetal tissue procurement industries.

 

Becerra, a former Democratic congressman who became attorney general after his predecessor, Kamala Harris, was sworn in as a U.S. senator, said his office “will not tolerate the criminal recording of confidential conversations,” reported the Los Angeles Times.

 

“The right to privacy is a cornerstone of California’s constitution, and a right that is foundational in a free democratic society,” Becerra added.

 

The Los Angeles Times’ editorial board took issue with Becerra’s actions:

 

It’s disturbingly aggressive for Becerra to apply this criminal statute to people who were trying to influence a contested issue of public policy, regardless of how sound or popular that policy may be. Planned Parenthood and biomedical company StemExpress, which was also featured in the videos, have another remedy for the harm that was done to them: They can sue Daleiden and Merritt for damages. The state doesn’t need to threaten the pair with prison time.

 

According to OpenSecrets.org, Becerra received a total of $5,535 from Planned Parenthood during his congressional election bids between 1998 and 2014.

 

Harris is on record as having received $2,600 in 2016 from Planned Parenthood for her Senate race campaign. Additionally, Harris was the recipient of $39,855 from the Abortion Policy/Pro-Abortion Rights lobby group, according to OpenSecrets.org.

 

ElectionTrack.com reported Harris received $15,000 from Planned Parenthood for her attorney general campaign bids.

 

As Breitbart News reported, emails obtained by the Washington Times in September of 2016 showed that Harris’s office collaborated with Planned Parenthood to produce the California legislation criminalizing undercover journalists for publishing and distributing recordings of private communications with abortion providers.

 

According to the Times:

 

The documents are another indication of Ms. Harris‘ close relationship with Planned Parenthood and call into question the impartiality of her ongoing investigation of Mr. Daleiden, legal experts said.

 

The emails show Beth Parker, chief legal counsel for Planned Parenthood Affiliates of California, sending multiple drafts of AB 1671 to Jill Habig, who was at the time special counsel to the attorney general.

 

“Attached is the language for AB 1671, proposed amendments to Penal Code section 632,” Ms. Parker wrote in an email marked March 8. “I look forward to your thoughts about this.”

 

Ms. Parker sent a revised draft of the legislation to Ms. Habig on March 16. “Here’s the rewrite of the video tape bill,” she wrote. “Let me know what you think.”

 

Habig later became deputy manager of Harris’ U.S. Senate campaign. The campaign website featured a petition asking voters to support and protect Planned Parenthood’s federal funding.

 

Charges brought against Daleiden and Merritt in Harris County, Texas – under suspicion of bias – were ultimately dropped, however. One of Planned Parenthood’s biotech partners – StemExpress – also backed off a lawsuit against the videomakers.

 

When the felony charges in California were filed, Daleiden said:

 

The bogus charges from Planned Parenthood’s political cronies are fake news. They tried the same collusion with corrupt officials in Houston, TX and failed: both the charges and the DA were thrown out. The public knows the real criminals are Planned Parenthood and their business partners like StemExpress and DV Biologics—currently being prosecuted in California—who have harvested and sold aborted baby body parts for profit for years in direct violation of state and federal law. We look forward to showing the entire world what is on our yet-unreleased video tapes of Planned Parenthood’s criminal baby body parts enterprise, in vindication of the First Amendment rights of all.

 

Though Planned Parenthood has denied any wrongdoing in its alleged sale of body parts, it also announced in October 2015 that it would no longer accept payments for aborted fetal tissue.

 

The organization and its media and political allies continue to insist the CMP videos were “deceptively edited.” However, a Democrat opposition research firm named Fusion – hired by Planned Parenthood itself to review the videos – said while their analysts observed the videos had been edited, “the analysis did not reveal widespread evidence of substantive video manipulation.”

 

Additionally, Fusion noted, “[A]nalysts found no evidence that CMP inserted dialogue not spoken by Planned Parenthood staff.”

 

An analysis by Coalfire, a third-party forensics company hired by Alliance Defending Freedom, found that the videos were “not manipulated” and that they are “authentic.”

 

The Senate Judiciary Committee and the House Select Investigative Panel have referred Planned Parenthood Federation of America, several of the largest Planned Parenthood affiliates in the country, and three of their business associates in the fetal tissue procurement industry to the FBI and U.S. Department of Justice for criminal prosecution.

 

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