CMP Appeals Planned Parenthood Retaliation Lawsuit to U.S. Supreme Court

Last week, The Center for Medical Progress filed a petition for certiorari asking the U.S. Supreme Court to throw out Planned Parenthood’s lawsuit retaliating against CMP’s undercover videos exposing the sale of aborted baby body parts. The case raises serious First Amendment concerns regarding the selective application of California’s anti-SLAPP law and other free speech protections:

1) anti-SLAPP laws protect citizen journalists from “Strategic Lawsuits Against Public Participation”–SLAPP cases that are brought solely to retaliate against a public speaker.

2) David Daleiden and The Center for Medical Progress should be protected by California’s anti-SLAPP law against the bogus SLAPP cases brought by Planned Parenthood and the National Abortion Federation, but the Ninth Circuit reversed its own established precedent in order to deny David and CMP the protections of the California anti-SLAPP law.

3) To protect the First Amendment, federal courts require claims against free speech to meet a strict defamation standard, which Planned Parenthood and NAF have refused to do. Even apart from California’s anti-SLAPP law, this should terminate the lawsuits immediately.

CMP project lead David Daleiden says, “Planned Parenthood got caught selling baby parts from abortions and remains under federal investigation–so they have relentlessly attacked the whistleblower instead of coming clean and reforming. This is a classic, meritless SLAPP case and a dishonest attack on the First Amendment that should have been thrown out of court long ago.”

CMP Attorney Charles LiMandri of the Freedom of Conscience Defense Fund (FCDF), who filed the petition with the Supreme Court, notes: “The billion-dollar abortion industry is stopping at nothing to crush David. The anti-SLAPP laws are designed for cases just like David’s, yet the Ninth Circuit chose to side with the abortionists rather than uphold the law. We hope the Supreme Court recognizes that David should not be punished for exercising his First Amendment rights.”

From CMP’s Petition for Writ of Certiorari to the U.S. Supreme Court:

“In this high-profile, politically-charged matter, the Ninth Circuit has flip-flopped on its own earlier decision, choosing now to deny disfavored speech the special protection to which it is entitled under state law.”

“The Court should review the decisions below and hold that the First Amendment bars Plaintiffs’ claims.”

“Defendants’ investigation and reporting to law enforcement so far has led to successful lawsuits by the Orange County District Attorney against two companies for trafficking in fetal organs. It also has resulted in the ongoing federal Department of Justice investigation of PPFA.”

“The lower courts held that PPFA had a legally-protectable commercial interest in what amounts to squelching future scrutiny of it.”

“The lower courts’ analyses paid no attention to the First Amendment concerns at issue, and instead of engaging in the appropriate scrutiny of PPFA’s case to ensure that no end run was being tolerated, summarily affirmed a novel theory aimed precisely at circumventing the First Amendment.”

“Just like the statutory law at issue in Nat’l Inst. of Family & Life Advocates, the case law announced by the lower courts in this case, “imperils th[e] liberties” of “freedom of thought and belief.” Id. (Kennedy, J., con- curring). This Court should grant review to protect those liberties.”

BREAKING: CMP Gives Federal Judge Evidence Planned Parenthood Lied to Congress, Doctored Baby Parts Records

Today, CMP submitted evidence to a federal judge in Oakland that Planned Parenthood and their business partners may have doctored records about their revenues from the sale of aborted fetal body parts and lied to Congress about them. CMP is asking the Court to force Planned Parenthood and their suspect business partners Advanced Bioscience Resources (ABR) to produce the key original records from their baby body parts harvesting programs. CMP’s filing with the Court, based on sealed documents reflecting Planned Parenthood’s invoices for payment for aborted baby parts, notes that both ABR and Planned Parenthood produced what purported to be the same set of invoices, “but they produced different versions of the same invoice.” Additionally, “the revenue totals and procurement totals” for fetal body parts “do not match” the totals that Planned Parenthood reported to Congressional investigations two years ago. The filing asks the Court “to verify that [Planned Parenthood] are not producing fabricated evidence.”

CMP’s project lead David Daleiden states, “The glaring discrepancies in Planned Parenthood’s alleged documentation of their baby body parts revenues call into question every statement Planned Parenthood has ever made in defense of their abortion harvesting programs. This would not be the first time Planned Parenthood has apparently doctored critical evidence about their own wrongdoing. Planned Parenthood has everything to lose if the full scope of their illicit trade in aborted baby body parts is revealed, and when the Congressional investigations made criminal referrals of Planned Parenthood and their business partners for selling baby parts, the House Select Panel had to refer Planned Parenthood partner StemExpress for evidence destruction. As the U.S. Department of Justice continues to follow up on the criminal referrals for Planned Parenthood and ABR, it is imperative for prosecutors to seize the original financial records from Planned Parenthood and their accomplices immediately, so these depraved enterprises cannot continue to cover up their criminal sale of baby body parts.”

From page 15 of the Court filing:

ABR did produce some documents in response to an earlier subpoena. Both ABR and Plaintiffs produced the invoices which ABR submitted to Plaintiffs PPPSW and PPMM. The PPMM invoices produced match, but ABR and PPPSW produced different versions of the same invoice. Compare Exs. 32, 33, with Exs. 34, 35. Further, the revenue totals and procurement totals, when added up based on the invoices produced by ABR and Plaintiff PPPSW, do not match the totals that PPPSW reported to the Select Investigative Panel for fiscal year 2015. See Dkt. 306 at 712; Dkt 307 at 307 (316 products of conception for $18,960).(9) However the ABR fetal tissue invoices for July 2014 to December 2014 alone—half of fiscal year 2015—show revenues of $21,120 from ABR for 352 fetal tissue donations. It is unclear to Defendants why the invoices are not identical, or why the numbers do not add up, but it is perfectly possible that the invoices were subject to tampering and someone falsely reported information to Congress. See Dkt. 303-3 at 183–92 (Referral of StemExpress, LLC to the U.S. Department of Justice for prosecution for destroying documents in violation of 18 U.S.C. § 1519). Thus, it is critical that Defendants obtain access to third-party documents to verify that Plaintiffs are not producing fabricated evidence.

(9) PPPSW’s fiscal year, as reported on its 2015 form 990, is July 1 to June 30.

CMP files FOIA request with HHS for ABR #PPSellsBabyParts Documents

HHS was right to terminate a contract for “fresh” aborted fetal organs and tissues with Planned Parenthood-linked Advanced Bioscience Resources, and to launch a “comprehensive review” of all HHS experimentation with aborted baby body parts. However, these are only small first steps to stop the epidemic of taxpayer-funded trafficking in tiny baby hearts, lungs, livers, and brains taking place in government-run HHS laboratories. CMP has now filed a detailed Freedom of Information Act request to obtain all the relevant facts about the $100 million in taxpayer money spent on HHS’ most recent round of baby parts contracts, and to hold this government agency accountable for the number of aborted American children it has sought to purchase for taxpayer-funded experimentation.

HHS Terminates Baby Parts Contract with Planned Parenthood Partners Advanced Bioscience Resources

The Center for Medical Progress releases the following statement on the announcement this evening that HHS is terminating a contract signed in July with Advanced Bioscience Resources (ABR) for “fresh” aborted fetal organs and tissues. CMP founder and project lead David Daleiden remarks:

So long as HHS trades taxpayer dollars for freshly-aborted baby body parts, the U.S. government is setting its own abortion quotas and sending the message that these children are worth more dead than alive. By terminating a grotesque contract for “fresh” aborted baby parts from Planned Parenthood’s business partners ABR that never should have been signed in the first place, HHS has taken a small first step to stop the epidemic of trafficking tiny baby hearts, lungs, livers, and brains from late-term abortion clinics into government-sponsored laboratories for taxpayer-funded experimentation. HHS’s mission to “serve all Americans from conception to natural death” cannot permit trafficking unborn children to stitch their body parts into lab rats.

Last year, the U.S. Department of Justice announced that ABR was one of multiple entities under federal investigation for the illegal sale of baby body parts for profit based on criminal referrals by two Congressional committees. Now that HHS has found cause for termination of ABR’s continuing baby body parts sales, DOJ must do its job and follow through on the criminal referrals for ABR, Planned Parenthood, and similar entities with vigorous prosecution.

HHS’s newly-announced review of fetal tissue procurement and experimentation must be exacting, and it must terminate all other agreements for baby body parts with ABR, StemExpress, and similar business partners with Planned Parenthood and the abortion industry. HHS should provide 110% transparency about the extent of taxpayer-funded harvesting from and experimentation on unborn children, and to this end, CMP will file a federal Freedom of Information Act request in the coming days to surface all the relevant facts and details about the $100 million in taxpayer money spent on HHS’s most recent round of baby body parts contracts and projects.

CMP Statement on Planned Parenthood’s New President Announcement

After Cecile Richards’ sudden and unexplained departure in the wake of the U.S. Department of Justice’s active investigation of Planned Parenthood for selling aborted baby body parts, the nation’s biggest abortion business has announced its new president will be pro-abortion advocate Dr. Leana Wen. Dr. Wen previously led initiatives calling for “radical transparency” from doctors about their views on controversial issues like abortion. In this spirit, Planned Parenthood and its new president should immediately disclose how many abortions Dr. Wen has performed, whether she will perform abortions as Planned Parenthood president and up to what gestational age, and if she supports contracts for baby body parts like the ones the biggest Planned Parenthood affiliates entered into under Richards’ leadership. CMP also asks Dr. Wen directly: does “radical transparency” for doctors include undercover video?

CMP Issues Special Report on Advanced Bioscience Resources

FOR IMMEDIATE RELEASE

CENTER FOR MEDICAL PROGRESS ISSUES SPECIAL REPORT ON GOVERNMENT ABORTED BABY BODY PARTS CONTRACTOR
Advanced Bioscience Resources, Inc. Purchased Body Parts from Planned Parenthood and Sold to Government-Funded Researchers

Contact: Matille Thebolt, [email protected], 703.683.5004

SAN FRANCISCO, Sept. 10–The Center for Medical Progress issued a whitepaper special report today on the fetal body parts procurement company Advanced Bioscience Resources (ABR), in response to recent reports that the Health & Human Services Department is again contracting with the organization that paid Planned Parenthood for aborted fetal specimens, which is now under investigation by the U.S. Department of Justice.

In 2015, CMP released a series of undercover videos of senior-level Planned Parenthood leadership discussing the harvesting and sale of aborted fetal organs and tissues. The video series also included interviews with representatives of ABR, one of the largest and oldest companies dedicated solely to harvesting and reselling body parts from abortions. ABR stations technicians inside Planned Parenthood and other abortion clinics across the country, where the ABR technicians identify and dissect fetal body parts from abortions and then package and ship them directly to ABR’s customers, oftentimes government-sponsored research laboratories.

In CMP’s previously-released footage of ABR, the company’s Procurement Manager admits to having observed fully intact fetuses being delivered inside the abortion clinics during ABR harvesting cases: “I literally have had women come in and they’ll go in the OR, and they’re back out in 3 minutes, and I’m going, ‘What’s got’ on?’ ‘Oh yeah, the fetus was already in the vaginal canal, whenever we put her in the stirrups, it just fell out.'”

ABR, based in the San Francisco bay area, has contracted for decades with Planned Parenthood of the Pacific Southwest, based in southern California, to harvest aborted fetal specimens at Planned Parenthood in San Diego and Riverside for $60 per specimen and then resell them to taxpayer-funded researchers for up to $6,000 per specimen. After the release of the videos, two detailed Congressional investigations at the Senate Judiciary Committee and the House Energy & Commerce Committee’s Select Investigative Panel issued criminal referrals for ABR and Planned Parenthood to the FBI, USDOJ, and Riverside County District Attorney. In December 2017, the DOJ announced it had an active investigation based on the criminal referrals.

Also in December last year, a District Attorney in southern California credited CMP’s investigative reporting with prompting the successful civil prosecution of two companies like ABR that illegally sold fetal organs and tissue from the local Planned Parenthood. Those companies, DV Biologics and DaVinci Biosciences, admitted guilt for selling fetal body parts for profit in a $7.8 million settlement.

CMP’s new report presents primary-source evidence that ABR sold aborted fetal specimens at prices far higher than its legally reimbursable costs, and that it admitted in emails obtained through a Public Records request to massively overbilling researchers for fetal organs at prices far above ABR’s actual costs. The report also highlights previous experimental cell-based therapy products, made with fetal specimens provided by ABR, that ultimately proved ineffective and dangerous.

Yet according to recent reports, this summer the FDA renewed a purchase order with ABR for nearly $16,000 in “fresh” aborted fetal organs and tissues to implant into laboratory mice. Last year, the NIH spent nearly $100 million on projects using aborted fetal body parts, $20 million of which went to intramural, government-run projects engaging in fetal experimentation.

CMP Project David Daleiden notes, “Advanced Bioscience Resources is under federal investigation right now for colluding with Planned Parenthood to sell aborted baby body parts for profit. It is unconscionable that the United States government is still paying top-dollar in taxpayer money for the freshest, most high-quality dismembered baby hearts, lungs, livers, and brains. By custom-ordering late-term aborted baby body parts for sale from Planned Parenthood partners like ABR, the FDA is directly complicit in these abortions and implies that these kids are worth more to the U.S. Government dead than alive. HHS must provide full transparency and immediately terminate any and all such contracts, and the U.S. Department of Justice needs to do their job and hold ABR, Planned Parenthood, and those like them accountable to the law.”

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Documents:

Read the new report here: http://www.centerformedicalprogress.org/human-capital/special-report-advanced-bioscience-resources/

Learn more about CMP at centerformedicalprogress.org

CMP Asks Federal Court to Dissolve Gag Order and Throw Out Bogus NAF Lawsuit and

On August 15, The Center for Medical Progress and David Daleiden filed three motions in San Francisco federal court to dismiss Planned Parenthood-proxy the National Abortion Federation’s lawsuit and dissolve the preliminary injunction gag order that censors CMP’s remaining undercover video of Planned Parenthood leaders negotiating the sale of aborted baby parts.

CMP Statement:
“Three years ago, Planned Parenthood’s abortion doctors with the National Abortion Federation stormed into federal court demanding a gag order over the most damning undercover footage. Now they have largely retreated, dropping all of their federal claims and allegations of unlawful video recording, leaving only a simple contract dispute between fellow Californians. Since the gag order was issued, two Congressional investigations, a successful case against Planned Parenthood’s business partners in southern California, and the ongoing U.S. Department of Justice investigation prove that CMP’s videos are accurate and Judge Orrick’s reasons for placing the gag order were false. This case should be thrown out of federal court, and the censored undercover videos must be released.”

 

Key Points:

    • NAF, largely made up of Planned Parenthood abortion leaders, stormed into federal court 3 years ago falsely accusing CMP and David Daleiden of trespass, fraud, illegal videotaping, and even RICO. This summer, NAF dropped the majority of their claims–now all they have left is a contract dispute.
    • NAF is suing on behalf of its members, who include many of the largest Planned Parenthood affiliates in California who are suing on some of the same claims in PP’s related federal lawsuit. Because NAF has now dropped all of its federal claims, this lawsuit is now just a contract dispute among several Californians and there is no longer any jurisdiction for it in federal court. Judge Orrick cannot make any more rulings in this case and must throw it out.
    • NAF and its members cannot allege any plausible violation in their contract disputes–their argument boils down to asserting they were harmed because CMP’s actors did not actually buy aborted baby parts from them instead of just talking about it.
    • In February 2016, Judge Orrick granted NAF’s request for a Preliminary Injunction blocking the undercover videos of Planned Parenthood directors filmed at its annual meetings by CMP, based on NAF’s representation that CMP’s undercover work had not found any wrongdoing, and allegations that the videos placed NAF members under threat. In the past two years, Judge Orrick’s findings supporting his injunction have been proven false.
    • Since the injunction was issued, two Congressional investigations prompted by CMP’s videos confirmed serious wrongdoing and “systematic violations” in Planned Parenthood and NAF’s fetal body parts supply, yielding over a dozen criminal and regulatory referrals, now being investigated by the U.S. Department of Justice. A California District Attorney specifically credited CMP’s undercover work with prompting his successful prosecution of Planned Parenthood business partners the DaVinci companies for selling fetal tissue for profit, which the companies admitted in a $7.8 million settlement.
    • Planned Parenthood has admitted since the injunction was issued that CMP’s videos are not responsible for any specific violent threat to abortion providers, and NAF’s own statistics published since the injunction shows no increase in actual threats to NAF members attributable to the videos. CMP has never released a video calling for harm to anyone and has instead always directed the public to seek recourse through elected representatives and First Amendment speech.
    • Since the injunction, the California Attorney General has brought a legally unsupported prosecution against David Daleiden based on the California video recording law, at the behest of Planned Parenthood and many NAF members. The undercover videos subject to Judge Orrick’s injunction are now key evidence in the criminal case, and any restriction on them from the federal court would unconstitutionally interfere with the California justice system and David Daleiden’s 1st, 4th, 5th, 6th, 8th, and 14th amendment rights to defend himself from the AG’s and Planned Parenthood’s false charges.

    CMP Statement on New FDA Baby Body Parts Contract with Planned Parenthood Business Partner ABR

    Advanced Bioscience Resources is under federal investigation right now for colluding with Planned Parenthood to sell aborted baby body parts for profit. It is unconscionable that the United States government is still paying top-dollar in taxpayer money for the freshest, most high-quality dismembered baby hearts, lungs, livers, and brains. By custom-ordering late-term aborted baby body parts for sale from Planned Parenthood partners like ABR, the FDA is directly complicit in these abortions and implies that these kids are worth more to the U.S. Government dead than alive. HHS must provide full transparency and immediately terminate any and all such contracts, and the U.S. Department of Justice needs to do their job and hold ABR, Planned Parenthood, and those like them accountable to the law.

    CMP Statement on Planned Parenthood Defunding in Title X

    Three years ago, citizen journalists at The Center for Medical Progress caught Planned Parenthood’s senior leadership in a series of undercover videos casually negotiating the sale of aborted baby body parts. Today, the Trump Administration begins to defund Planned Parenthood’s taxpayer-funded abortion business so that Americans will no longer forced to prop up this criminal abortion empire. Now, the Department of Justice must do their job and hold Planned Parenthood accountable under the law for their lawless profiteering off the broken bodies of aborted children.

    CMP Statement on Resignation of Planned Parenthood CEO Cecile Richards

    Cecile Richards was the most devoted practitioner of Planned Parenthood’s “out of sight, out of mind” mantra to cover up their barbaric abortion business from the public. After CMP’s revealing undercover videos of Planned Parenthood’s top abortion doctors and the damning findings of multiple Congressional probes, Richards’ departure shows that the old strategy is no longer working as Planned Parenthood faces federal criminal investigation for selling aborted baby hearts, lungs, livers, and brains. Planned Parenthood’s new leadership should commit to full transparency with the Department of Justice and with the public, and to ending this taxpayer-funded criminal abortion enterprise once and for all.