Saturday, August 5, 2017

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

PRESS RELEASE
August 4, 2017

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.


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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