ATLANTA, November 29, 2012, (LifeSiteNews.com) – A Georgia abortionist tied to Attorney General Eric Holder says his indictment for Medicaid fraud is a political witch hunt.
Dr. Tyrone Cecil Malloy, who ran his abortion practice in a building owned by Holder’s wife and sister-in-law, said all the allegations against him are politically motivated and based on Medicaid laws he says are “unconstitutional.”
“The prosecution of this case is a mockery of justice,” Malloy’s lawyers wrote in their brief. “The state is using its vast police powers to harass, persecute, and undermine one of its citizens to further an obvious political agenda.”
However, Malloy’s began long before Barack Obama took office.
The abortionist’s lawyers asked the Georgia Supreme Court on Monday to grant Malloy’s motion to dismiss the indictment. A lower court already dismissed his motion.
Malloy is accused of Medicaid fraud, along with the owner and office manager of his abortion facility, CathyAnn Edwards Warner. Malloy and Warner allegedly accepted nearly $390,000 in taxpayer-funded medical payments for “medical office visits” associated with elective abortions and “ultrasound services” that were never performed.
The government alleges that Malloy lied, saying that he had administered ultrasounds, when he actually performed abortions.
His patients suffered from his services, as his prior brushes with the law show.
A 23-year-old woman – who had anemia and a trait of sickle-cell – came to Malloy for an abortion at 25-weeks. She suffered a heart attack after the procedure, and emergency room surgeons found she had suffered a punctured uterus. She died shortly afterward.
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In January 2009, the State Board of Medical Examiners reprimanded Malloy for his role in the death but allowed him to continue practicing.
Five years earlier, the same board ruled that Malloy “failed to conform to the minimum standard of acceptable and prevailing medial practice” after a pregnant woman lost her child, because she was not given a c-section quickly enough.
Malloy and Warner have refused to accept any plea bargain in the case, instead challenging the constitutionality of Georgia’s Medicaid law and accusing prosecutors of playing politics.
Catherine Davis, co-founder of the National Black Pro-life Coalition and the Restoration Project, said Malloy’s objections are ridiculous.
“This case has been out there for more than a year,” Davis said. “And for (Malloy) to say that he wasn’t prosecuted under the previous Democratic regime and now the government has caught up with him and is pursuing criminal charges that probably should have been brought 20 years ago – that somehow that’s political shenanigans – is just ludicrous. It has nothing to do with politics. It has everything to do with following the laws of the state and the federal government.”
Davis and other pro-life advocates suggest Malloy’s lawsuit is really just a ploy to expand taxpayer funding of abortions.
“They are obviously trying to pave the way to get rid of the Hyde Amendment so that abortion will legally be covered under Obamacare,” said Michelle Wolven, lead researcher for Eagle Watch, a Georgia pro-life group that helped expose the connections between Holder’s family and Malloy.
The Hyde Amendment forbids use of taxpayer money to fund abortions except in the case of rape or incest. But in 2010, the Georgia Department of Community Health’s Program Integrity Unit conducted an investigation of Malloy’s clinic and found that women who went there seeking an abortion often had lab tests and ultrasound examinations on the same day the abortion was performed, which were then charged to Medicaid.
Later that year, Georgia’s health agency told Malloy it had denied his Medicaid payments, because “services that were billed to Medicaid were related to an abortion.”
Catherine Davis also believes the real purpose of Malloy’s legal challenge is to strike down the Hyde Amendment. “Given Malloy’s ties to U.S. Attorney General Eric Holder,” she said, “and the fact that Holder has not pursued criminal charges against abortionists makes me think that they are going to try to use this case in particular to strike down the Hyde Amendment by saying its unconstitutionally vague.”
“I think that perhaps this is why the attorney general has not pursued charges against abortionists,” she continued, “because he now has a case in which his long-time family friend is giving him the opportunity to challenge the constitutionality of the Hyde Amendment. I absolutely think that is what is going on.”
While Holder has consistently turned a blind eye to abortion extremism, his zeal for prosecution of pro-life activists has caused at least one federal judge to speculate about “a concerted effort between the Government and” abortion providers.