THE WAY AROUND JUDGES' BAN ON BABY-PARTS VIDEOS
Congress can bypass suppression of evidence
Two judges have suppressed, for now, what could be evidence of criminal activity because of the "privacy" concerns of abortion-business interests, but a legal analyst says their work to conceal information all could be undone by Congress.
The issue is the series of videos released by the Center for Medical Progress, which sent undercover representatives to interview Planned Parenthood executives and others connected with the abortion industry.
Their target was to find out about the industry's trade in the body parts of unborn infants. Five videos already made public have revealed Planned Parenthood executives callously talking about what they would get one infamously stated "I want a Lamborghini", for allowing a company to collect and sell body parts.
But two interests, the commercial StemExpress which operates in the industry and the National Abortion Federation which represents abortion businesses, both went to court to ask that any videos including their own statements be suppressed.
Two judges agreed, and hearings are set later this month to continue arguments over the issue.
But in a commentary published by the Heritage Foundation's Daily Signal, legal experts say that may not make any difference.
Hans von Spakovsky, an authority on a wide range of issues including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform, and Elizabeth Slattery, who writes about the rule of law, the role of courts, civil rights and equal protection, both are in the foundation?s Edwin Meese III Center for Legal and Judicial Studies.
They write:
"[An] action that one or both of these congressional committees [investigating Planned Parenthood] should consider taking is immediately to request or subpoena all of the remaining videos from CMP that have not yet been released."
"The actions of StemExpress and NAF, who are allies of Planned Parenthood, reveal the tactics that these abortion providers and organ buyers intend to use to prevent or delay the release of these videos: seeking out sympathetic judges who will prevent the further release of videos that severely damage the image of the abortion industry and reveal in gory detail their inner workings."
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The commentary continued, "No federal or state judge has the authority to prevent a congressional committee from holding a hearing at which witnesses, like representatives of CMP, testify about their experiences or where the committee presents evidence it has obtained such as the undercover videos, which could also be posted on the committee's website.
"Such action by Congress may be the only way to ensure that litigation tactics do not prevent the public from seeing the rest of the evidence of Planned Parenthood?s possible violations of federal law, and its hideous practices and procedures."
They also point out that Judge William Orrick, one of the judges granting the abortion industry protection, "along with his wife was a major campaign finance bundler for and contributor to Obama, raising at least $200,000 for Obama's campaign and contributing over $30,000 to committees supporting Obama."
The other judge granting abortionists protection was Joanne B. O'Donnell, in the California state-court system, who ruled in the StemExpress request.
"StemExpress's desire to avoid further ridicule, criticism or scandal for its nefarious involvement in the gruesome harvesting and sale of aborted babies? body parts does not outweigh the public's interest in seeing these videos any more than it would if this were a CBS 60 Minutes' undercover sting," the commentary said.
"The same can be said of NAF, particularly given the information already available. And these restraining orders may violate the stern prohibition against prior restraint of free speech outlined by U.S. Supreme Court precedent," it said.
Although it hasn't reached the level of subpoena yet, Sen. Charles Grassley, chairman of the Senate Committee on the Judiciary, already has requested of CMP "all video footage in CMP's possession relating to the provision, acquisition, preparation, transportation and sale of fetal tissue, by PPFA, Planned Parenthood affiliates and associated clinics, intermediary businesses, end-users, as well as any other individuals, entities and organizations involved in these processes."
The Family Research Council noted, "Congress may be going away, but the Planned Parenthood issue isn't. When the Senate breaks for August recess this Friday, the political pressure cooker will only get hotter back home when members hear from unhappy voters firsthand. Even moderate Republicans like Sen. John Cornyn, R-Texas, seemed to acknowledge that Congress had a lot more work to do to protect the integrity of taxpayer dollars, and human beings."
The Senate this week had a majority voting to defund Planned Parenthood, but failed to reach the 60-vote procedural hurdle. That isn't the end, Cornyn has said.
"That vote", Cornyn insisted, "isn't the end of it. This will be the beginning." Sen. Roy Blunt, R-Mo., who has a long track record of fighting the abortion industry's corruption, agreed. "This almost certainly becomes part of any final decision about how to move forward on funding. There will be a larger discussion on this," FRC reported.
"When even MSNBC is calling for taxpayer alternatives to Cecile Richards's [Planned Parenthood] group, you know the organization is in trouble. MSNBC morning host Joe Scarborough got visibly frustrated when Sen. Claire McCaskill, D-Mo., claimed that defunding Planned Parenthood would increase the abortion rate," the report said.
He said, "I think there are a lot of people who believe in a woman's right to choose who wouldn't support federal funding for Planned Parenthood. They aren?t the only people that can hand out birth control."
FRC also pointed out Sen. Harry Reid's audacious claim that 39 million women get health care from Planned Parenthood, even though the organization says it saw only 2.7 million in 2013.
"The abortion industry and its supporters may traffic in a lot of things, but the truth is not one of them," FRC said.
When CMP released its fifth video, WND reported another Planned Parenthood executive was caught discussing the prices for the bodies of unborn babies, noting that "it's all just a matter of line items" for "intact fetal cadavers" or dissections from them.
Under federal law, it's illegal to buy or sell body parts of the unborn.
It was Melissa Farrell, of the Planned Parenthood of the Gulf Coast, one of the biggest Planned Parenthood affiliates in the country, who said, "If we alter our process, and we are able to obtain intact fetal cadavers, we can make it part of the budget that any dissections are this, and splitting the specimens into different shipments is this. It's all just a matter of line items."
Troy Newman, of the abortion-fighting Operation Rescue and who is on the board for CMP, said, "The admission that Planned Parenthood abortionists manipulate procedures in order to better harvest organs or even intact late-term fetal cadavers for human experimentation purposes conjures images of H.G. Wells' Dr. Moreau. It is all clearly illegal."
"Are ethical standards adhered to during these private experiments? Given Planned Parenthood?s propensity for unethical, above-the-law arrogance, it is doubtful."
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