There is a surprising development out of Texas in the investigation of into Planned Parenthood and the scandal over the selling of fetal tissue and body parts. The Center for Medical Progress had gone undercover to record officials with the organization speaking about the sales in ways that outraged the public and triggered a backlash against Planned Parenthood. However, the grand jury opted not to indict anyone at Planned Parenthood and instead charged David Daleiden and Sandra Merritt with the Center of Medical Progress for tampering with a governmental record, a second-degree felony. Perhaps the most interesting charge was the indictment of Daleiden with the purchase and sale of human organs, a class A misdemeanor. The group has insisted that it was using standard journalistic practices in showing that Planned Parenthood was illegally profiting from the sale of fetal tissue. Planned Parenthood has been cleared of any wrongdoing in various states. However, Planned Parenthood was forced to apologize for the casual tone of its officials and changed its policy on reimbursements for tissue and body parts.
In some ways, the indictment is a backfire for Texas Lt. Gov. Dan Patrick and others who called for a criminal investigation into the organization. The Grand Jury apparently found criminal conduct on the part of the anti-abortion activists instead.
In making the videos, the Center set up a fake company called Biomax Procurement Services and created fake identities to pose as legitimate providers of fetal tissue to researchers. That is certainly similar to journalistic investigations. However, Dealeiden and Merritt also created fake IDs that resembled California-issued licenses. Daleiden used the name Robert Sarkis on his license while Merritt used the name Susan Sarah Tennenbaum. The misdemeanor against Daleiden appears connected to laws prohibiting offers to buy fetal tissue. Daleiden had a meeting in April with Planned Parenthood officials in Houston and sent them an email to them in June offering to buy fetal tissue for $1,600 per sample.
That last point raises an interesting issue. Planned Parenthood never responded to the offer and Daleiden could claim that he never intended to buy the tissue — he was trying to confirm wrongdoing. Indeed, the organization is dedicated to opposing such sales – a conflict with the obvious purpose of the law. The misdemeanor count is troubling and will likely raise the status of the Center. It is always possible that the purpose or motivation of the defendants will be factored into the punishment or sentencing phase. Thus, even if the public interest purpose is not a defense, it can be a mitigating factor cited by the defense to reduce any sentence.
Daleiden, 26, released a statement that said that he used the “same undercover techniques that investigative journalists have used for decades in exercising our First Amendment rights to freedom of speech and of the press, and follows all applicable laws.” The Center itself could be viewed as more of an advocacy group than a journalistic enterprise. Yet on its site, it refers to itself as a collection of “citizen journalists”:
The Center for Medical Progress is a group of citizen journalists dedicated to monitoring and reporting on medical ethics and advances. We are concerned about contemporary bioethical issues that impact human dignity, and we oppose any interventions, procedures, and experiments that exploit the unequal legal status of any class of human beings. We envision a world in which medical practice and biotechnology ally with and serve the goods of human nature and do not destroy, disfigure, or work against them.
The difficulty for Daleiden and the Center that, as we have previously discussed, the media has faced liability over the years for such techniques. Courts have held that journalistic privilege does not insulate media from such torts and crimes as trespass, though it can have an impact on the level of damages allowed.
In Food Lion v. ABC , a store was shown in an undercover segment engaging in unsanitary techniques and accused Food Lion of selling rat-gnawed cheese, meat that was past its expiration date and old fish and ham that had been washed in bleach to kill the smell. Food lion denied the allegations and sued ABC for trespass. A jury ruled against ABC and awarded Food Lion punitive damages for the investigation involving ABC journalists lying on their application forms and assumed positions under false pretenses. (here). The Fourth Circuit however wiped out the punitive damage award while upholding the verdicts of trespass and breach of loyalty with awards of only $1 for each.
There is also a case out of the Seventh Circuit. Judge Richard Posner wrote the decision in Desnick v. ABC where investigative reporters went undercover in 1993 to show that employees of the Desnick eye clinic had tampered with the clinic’s auto-refractor, the machine used to detect cataracts so that the machine produced false diagnoses to find cataracts (and require procedures). The court rejected wiretapping claims (based on the state’s one-party consent rules) as well as trespass and defamation claims. On trespass, the court noted that the reporters were allowed into areas open to new patients. Posner relied on the consent to the entry to negate the trespass claim even when the entrant “has intentions that if known to the owner of the property would cause him . . . to revoke his consent.”
These cases will be equally relevant to the recent lawsuit filed by Planned Parenthood against the Center for Medical Progress, alleging the defendants engaged in fraud and misrepresentation to set up meetings and record conversations. It filed a host of counts from wire and mail fraud to invasion of privacy to illegal secret recording and trespassing.
The false IDs represent a serious problem because such issues are often presented by prosecutors and treated by juries as a straightforward violation of Tampering with a Governmental Record (which is a second-degree felony). It is a crime under the provision (below) if a person “makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record.” The provision further states:
a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor’s intent in committing the offense was to defraud or harm another.
(e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.
(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government’s purpose for requiring the governmental record.
(g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.
They could argue for exception (f): “It is a defense to prosecution…..that the false entry or false information could have no effect on the government’s purpose for requiring the governmental record.” However, driver’s licenses are used as official identification for citizens so the prosecutors can claim that this exception is not applicable. In creating the false cards, the prosecution could argue that the two defendants were using the state government to vouch for their authenticity and identification.
It is possible for the Center to argue that the IDs were not meant to resemble official documents. However, as shown below, they appear pretty official:
I remain troubled by the misdemeanor count against Daleiden and the lack of any allowance for an journalistic or public interest defense. As shown below, there is only an exception for doctors and others using such parts for medical research or treatment:
Sec. 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS. (a) “Human organ” means the human kidney, liver, heart, lung, pancreas, eye, bone, skin, fetal tissue, or any other human organ or tissue, but does not include hair or blood, blood components (including plasma), blood derivatives, or blood reagents.
(b) A person commits an offense if he or she knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration.
(c) It is an exception to the application of this section that the valuable consideration is: (1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or (3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.
(d) A violation of this section is a Class A misdemeanor.
I assume that the relevant tampering provision is below:
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
(5) makes, presents, or uses a governmental record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
(b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivisions (2), (3), and (4) and by Subsection (d), an offense under this section is a Class A misdemeanor unless the actor’s intent is to defraud or harm another, in which event the offense is a state jail felony.
(2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was:
(A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, data reported for a school district or open-enrollment charter school to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Section 42.006, Education Code, under a law or rule requiring that reporting, or a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor’s intent is to defraud or harm another, in which event the offense is a felony of the second degree;
(B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action;
(C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or
(D) a search warrant issued by a magistrate.
(3) An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student.
(4) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing.
(d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record;
(2) a felony of the third degree if the offense is committed under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and
(3) a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor’s intent in committing the offense was to defraud or harm another.
(e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.
(f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government’s purpose for requiring the governmental record.
(g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.
(h) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.
(i) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.
(j) It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement “NOT A GOVERNMENT DOCUMENT” or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.
Source: CNN
Karen , the above link is one of many that will find if you google Arthur Caplan, a bioethicist who has offered some insight on the possible ethical questions that need to be addressed on this issue.
L’Observer:
“Oh yeah, Karen. All those conservative, Republican controlled Red states investigated and found Planned Parenthood had been selling fetal tissue for thousands of dollars – but they didn’t want to tell anyone. Mum’s the word.”
Why are you acting like this?
“You’re just going to have to do your own investigation of the multiple investigations that turned up no wrong doing on the part of Planned Parenthood. You are blinded by denial and I’m not going to waste my time. So have at it, Karen. Think of how delicious it will be when you can come back with your own investigation where you uncover the Truth.”
This has no bearing on anything I’ve actually written. Which was:
“It may be entirely possible that what they did was reprehensible and repugnant, but not illegal. Even Hillary Clinton remarked that it was disturbing. I would very much like to read the results of the multiple investigations. Perhaps they will say that it didn’t count because it was entrapment. Or perhaps the evidence had to be thrown out because it was fruit from the poison tree. Or maybe they decided that the entire conversation was all hypothetical.
I ask because I was disturbed by what I saw. I want to read the actual findings so I have more facts.”
I was deeply disturbed by what I saw. Most people were. I want to know more about it. When someone jumps down your figurative throat or mocks you if you want more information, then they’re trying to shut down conversation. That’s antithetical to discourse.
Ethicist Arthur Caplan on PP and fetal tissue procurement
http://www.medscape.com/viewarticle/849008
L’Observer – “Planned Parenthood will never, ever perform an abortion on a patient who does not want an abortion.”
This line is so precious. I wonder what the human being aborted thinks of that. Oh, wait, we can’t ask since they are soon to be chopped up.
phillyT – “Most people don’t want to watch a medical procedure of any sort.”
Really? Discovery or TLC used to have a show showing all sorts of medical procedures. They were interesting. But, I don’t recall them ever showing a baby being torn out of a woman. I wonder why that would be? Why not show this wonderful procedure you love?
Karen, I too had lasik eye surgery. I can honestly say that for me, I was a little weirded out about the procedure (Mostly thinking about how do you keep your eye still) until I saw the video of how they did it. After seeing it, I thought, “This is no big deal, I can handle that”. To me, abortion advocates are just a cog in the dumbing down of America.
Proof, Karen? My proof is there is not one headline screaming “DA finds Planned Parenthood illegally sells baby parts for profit”
You’re just going to have to do your own investigation of the multiple investigations that turned up no wrong doing on the part of Planned Parenthood. You are blinded by denial and I’m not going to waste my time. So have at it, Karen. Think of how delicious it will be when you can come back with your own investigation where you uncover the Truth.
We’ll await your findings.
Oh yeah, Karen. All those conservative, Republican controlled Red states investigated and found Planned Parenthood had been selling fetal tissue for thousands of dollars – but they didn’t want to tell anyone. Mum’s the word.
Remarkable story about your friend who had an abortion against her wishes. You’ve a remarkable number of friends who, like Nick’s, fits all the right categories. Maybe you ought to search for one who will remind you when it’s time to pay your health insurance bill.
Meantime, back to my assertion that PP would never ever perform an unwanted abortion. I know this because I have a friend who works for PP. And they do not want to perform any coerced abortions EVER. They are most especially careful of young women and girls who are vulnerable and they interview and quiz them 16 different ways and away from partners or parents. They are quite aware of how the world works and the LAST thing they want is a patient who does not want an abortion but has been coerced or intimidated. They care for women who are in need of help and support – CARE being the operative word.
Now go find a sixteen year old friend who was dragged kicking and screaming into a clinic while the abortionist was sharpening his knives. I’m sure you have one somewhere.
Getting an explanation of your hip surgery and watching a video of them performing one are two very different things. The women I know who have had abortions had the procedure explained to them as well.
And yes, I’m pretty sure we will just disagree on this one.
Oh no, someone in the office is involved with Planned Parenthood, so obviously Ms. Anderson should not have presented any case to a grand jury. Ever. Even though it wasn’t her who sits on the board.
I also heard that someone in the DA’s office there once rescued a pet from the SPCA, so the entire office will be banned from looking into any animal cruelty case.
And, weird coincidence, (or IS IT?), all of the prosecutors have drivers licenses and own cars, so they have all permanently recused themselves from hearing any cases having to do with driving.
Another DA is a known PTA member, so you know what that means, right? No cases involving teachers, or students, or something like that.
And the straight people? Can’t hear cases involving heterosexuals. And the gays? Obviously too prejudiced to ever listen to a case having to do with gender.
In fact, someone in that office probably has something in their personal life that is somehow related to every case, every arrest, every issue. They should just shut it down and go home.
If you don’t want an abortion, don’t get one. Meanwhile it’s the law of the land so mind your own business.
Eleven red states have investigated and completely cleared Planned Parenthood. Eight more could find no reason to even pursue any investigation at all.
Get. Over. It.
Boy. Some crazy ‘politics’ down there in Texas!
The DA is a Republican, appointed by Rick Perry, a Republican, and chosen to head the Planned Parenthood investigation by the Lt. Gov. of Texas, a rabid Republican. Maybe that gay mayor cast some wicked spell over all them good old upstanding Republicans.
But it’s ‘politics’ according to our esteemed and knower of all things great and small….Mr. Nick Spinelli!
Nick S. “I pointed out to him they give Academy Awards for editing.”
Good one. Abortion is disgusting, end of story. People can rationalize, justify, idealize it…whatever they want but bottom line, it’s inhumane. That’s what feminists are most upset about; the cat’s out of the bag! A picture is worth a thousand words! We make decisions (or should) based on data and impressions affecting BOTH sides of our brains. If we only needed the left side we wouldn’t have the right side
If the video discourages even just one woman from having an abortion, it was worth it. Having said that, I do NOT think they should be illegal. Ron Paul was an obstetrician and believes abortion is akin to murder yet doesn’t think it should be illegal. REAL education is the key. Women and men NEED to KNOW exactly what it looks like, feels like, sounds like, smells like if you will, otherwise they are NOT making an informed decision.
The for profit abortion industry does NOT like having it’s operation exposed but the genie is OUT and I thank these very very courageous people who have apparently sacrificed everything willingly to bring us what we had a right to all along; the other side of the story.
I blame those who dictate media content; the government and the six mega corporations who own the TV networks and the vast majority of print media for working at cross purposes to our OWN.
The videos can be seen IN THEIR ENTIRETY on the CMP website. For those of you who are curious about the editing and have the time, I suggest you watch them. As was pointed out earlier, if all PP was asking was reimbursement for fixed costs, then why was there “haggling” over price?
Fixed cost reimbursement isn’t going to get anyone a Lamborghini.
It is also against the law to change the method or timing of an abortion in order to obtain better “parts” for sale. In the very first video, the PP “Doctor” (I use that term loosely) bragged about using a “less crunchy” technique. Please try to remember we’re talking about a HUMAN fetus.
PP fights vehemently any effort by state legislatures to require sonogram machines in abortion clinics so the potential mother can view what is about to be destroyed, yet PP “Doctors” use sonograms during the procedures to position the fetus to properly in an effort to retrieve an “intact cadaver”.
If none of this bothers you, or you are so lacking in curiosity that you just can’t make yourself care, or you are so dedicated to the proposition that a woman MUST NEVER BE INCOVENIENCED if she doesn’t feel like it, well.. . . . not sure what to say.
“Lauren Reeder is a prosecutor in the Harris County District Attorney’s criminal family law division. She apparently notified District Attorney Devon Anderson of her role with Planned Parenthood last week. Reeder is listed as a non-compensated “Director” on the 990 Tax Form for 2014 filed by Planned Parenthood Gulf Coast.”
So, basically, the activists are being threatened with 20 years in prison for having a fake ID (college students beware!), for using those IDs to get into conferences limited to abortion providers, (which must apparently be kept secret) as well as for engaging in the very crime they went undercover to actually prevent (because apparently you can legally claim to be a Marine when you’re not but you cannot claim to engage in buying fetal tissues when you really do not).
I do not know if Lauren Reeder was in a position to influence the grand jury, or if there were other conflicts of interest on the part of anyone involved.
It will definitely be interesting to see how this turns out in court. Undercover moles have been used in many sting operations over the years, including at slaughterhouses where they exposed animal cruelty and egregious practices. And sometimes they got sued.
Nick:
“Well, well, well. We have a smoking gun. Lauren Reeder is a prosecutor in the DA’s office that charged these journalist, and she is on the board of Planned Parenthood.”
How is that conflict of interest even legal? Wouldn’t she be require to recuse herself?
Phillat:
“I support reducing the number of abortions by making access to birth control free and easy for everyone, and providing good free prenatal care and lots of good early childhood services.” Free, even for the rich and famous? Because as you know, nothing is “free”. That doesn’t seem fair to me, that all of us have to pay higher premiums so the wealthy and middle class can have “free stuff.” Isn’t it more fair to pay a reasonable copay and keep premiums down for everyone?
I do not think that sex ed in public school replaces the responsibility of an abortion provider to explain the procedure and gestation to the patient. You have no idea the educational background, or even if they were paying attention to gestation diagrams in the 8th grade. That would be like saying you do not require an explanation of your upcoming hip replacement surgery in your 70s because the human body was all explained to you in middle school.
I think we’re going to disagree on this.
At least 9 other states investigated this and came up w/ no charges for ANYONE. The one office w/ a Planned Parenthood Board Member, Harvard grad, investigates and charges the journalists. Liberals never see conflict of interest because that requires scruples.
I’ll put down the commenter @ 7:15p in favor of charging all college students and illegal aliens w/ felony False ID charges. Good to know. He must be a Trump supporter.
As usual, some of us prefer to live in a fact free zone. It’s so much easier to just make things up, fling them around and hope for the best.
The Harris County DA, Devon Anderson, is a WOMAN, a Republican, and an appointee of Republican Governor Rick Perry.
If you don’t like the charges her grand jury came up with, maybe you should admit to yourself that you’re basically a sore loser.
Well, well, well. We have a smoking gun. Lauren Reeder is a prosecutor in the DA’s office that charged these journalist, and she is on the board of Planned Parenthood. BINGO! Anyone w/ objectivity smelled a political rat on this. Now, you will hear the defense that she was not involved in the case. Having worked in a prosecutors office I KNOW they are all thick as thieves.
Karen,
I support comprehensive mandatory sex education for all boys and girls. This would include understanding the stages of development of the fetus, as well as all the various methods of birth control.
I support reducing the number of abortions by making access to birth control free and easy for everyone, and providing good free prenatal care and lots of good early childhood services.
“By the way, if you think god is opposed to abortions, please explain why he/she kills so many thousands and thousands of babies every day through spontaneous abortion, miscarriage and other means.”
Does that mean God is not opposed to murder because people naturally drop dead from heart attacks or cancer? That is He is not opposed to rape because it happens?
That’s a spurious argument, and you know it.