Phill Kline attorney makes witness sweat in Planned Parenthood ethics complaint case
TOPEKA, Kansas, February 23, 2011 (LifeSiteNews.com) - Monday’s ethics trial of Phill Kline over his criminal investigation of abortion provider Planned Parenthood kicked into high gear when the former attorney general’s (AG) defense counsel brought a vigorous cross-examination of the prosecution’s first witness.
As soon as the court resumed after lunch at 1:40 p.m., Kline’s chief counsel, Mr. Reid Holbrook, dissected the testimony of Disciplinary Administrator Stan Hazlett’s first witness against Kline, Veronica Derscher, a former assistant attorney general overseeing the criminal division.
Derscher first admitted under Holbrook’s questioning that the two times she and an associate met with Judge Anderson their remarks were not transcribed. While she disputed that her comments in January 2007 about Phill Kline before Judge Richard Anderson were “disparaging,” she seemed to concede that they were not favorable toward Kline, the former AG, who was by then District Attorney of Johnson County.
She said Anderson instead “wanted to talk about the merits of the case, and I didn’t want to do that.”
Holbrook also pointed out that Derscher said in a letter she did not want to “pander to [Judge Richard] Anderson” - a statement that she said was more illustrative of her frustration dealing with Kline having the abortion records.
Derscher backed off that morning’s statement to Disciplinary Administrator Stan Hazlett that Anderson told her, “I don’t believe you,” when she told him that Kline had taken the Tiller investigation file and medical records with him to Johnson County.
Holbrook pointed out that Anderson in sworn testimony stated that he told Derscher that he did not want to involve himself at the time in what looked to him like a political dispute.
“That is not what you told us this morning,” said Holbrook.
Derscher then said that Anderson actually just said “I acted skeptical, whatever, whatever” about Kline having the Tiller medical records.
Anderson found out April 9, 2007 about the transfer of the Tiller file to Kline’s DA office, and requested the file returned to the AG within a week by 5 p.m. Derscher admitted that this was done, although she was irritated that Kline held on to the records for those few months.
She also stated that she was frustrated Anderson would give them the Tiller file, while Kline was allowed to make summaries of those files on the day of Morrison’s swearing in as AG (January 8, 2007). But Derscher then admitted Holbrook’s point that there was no way to determine when Kline had made those summaries.
She also revealed that she decided to file an ethics complaint against Kline after the new Attorney General Paul Morrison said in response to a reporter’s question that he thought Kline was unethical in his investigation of Planned Parenthood and late-term abortionist George Tiller.
Derscher also had to explain that she had not performed an immediate inventory of files she received from Kline in January 2007 at the time she filed the ethics complaint against him. Instead the inventory process commenced six months later. Also, the cover of the 60 page spreadsheet inventorying the documents with the abortion medical records was also dated at least a year after she filed the ethics complaint against Kline, according to testimony given on the cross-examination.
In Holbrook’s questioning, she also admitted that no criminal case had been worked up against anybody over the handling of the abortion records - including Jared Reed, the investigator who sought and obtained immunity on advice of his lawyer because he was “nervous” over having kept a box containing redacted abortion records of Tiller’s patients at his apartment/house.
Testimony in the trial revealed the files had been kept at Reed’s domicile for a month (January to February 2007) while Kline transitioned into the Johnson County District Attorney’s Office, apparently at the recommendation of investigator Tom Williams who did not believe the DA office was secure during the transition phase.
Kline’s attorney also attacked Derscher’s insistence that the abortion records obtained by Kline were not redacted enough, and the identities of Tiller’s patients could have been known from the redacted records. He quoted Judge David King’s report that Kline did a sufficient redaction to be in compliance with the Health Insurance Portability and Accountability Act of 1996.
“Did medical records ever get out in the public domain?” queried Holbrook.
“No,” responded Derscher.
On the security issue, Holbrook pointed out that there had been thefts at the office, and former DA Paul Morrison (the incoming AG) had even installed a pinhole camera in the wall to catch employees stealing from the break room. There was no mention that any evidence or tampering had ever occurred in the evidence locker room.
He also added that Morrison had forbidden the Kline transition team from entering the Johnson county DA’s office until he became AG in January 2007. Derscher said she was “not in the vicinity” when Morrison threw Steve Maxwell, Kline’s lead prosecutor, out of the DA’s office.
Judge King’s findings also showed that Anderson said Kline could share the records with law enforcement, and that his Dec. 21, 2006 order to transfer the files from the AG office to the DA office in Johnson County was a legitimate move.
Holbrook’s cross-examination brought up that Kline’s charges against Tiller were deep-sixed by AG Morrison in favor of other criminal charges prepared by Derscher: the highly technical charges on which Tiller was eventually acquitted. Derscher admitted that the AG’s office conceded “yes” to Tiller’s defense attorneys’ stipulation that the abortion forms filed were correct - a fact Holbrook said lost the AG the case on the illegal late-term abortions.
Kline had pursued Tiller over failing to cite a specific medical reason for performing abortions on post-viable unborn infants past 22 weeks, and his charges stated that Tiller had not followed the law by simply parroting the law’s statutory requirements on the exception form.
Holbrook then asked why Kline was prevented from filing charges against George Tiller. Derscher said that Sedwick County District Attorney Nola Foulston had them dismissed by a judge because Kline lacked jurisdiction. Holbrook then immediately followed up asking how was it then that Morrison had jurisdiction to file his own criminal charges against the abortionist.
“Well, he asked Nola,” Derscher admitted.
“Nothing further,” said Holbrook, wrapping up Derscher’s time on the stand by 3 p.m.
The next witness called to the stand by Hazlett was Phill Kline.
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Pro-life group asks: Pray for abortionists who sell baby body parts
February 11, 2016 (LifeSiteNews) - This Lent, a pro-life group would like you to pray for an abortionist - specifically, an abortionist who facilitates the sale of unborn babies' body parts.
The Pro-Life Action League is asking for people to pray for three people in particular throughout the 40 days of Lent. All three were caught on video by the Center for Medical Progress.
Dr. Deborah Nucatola appeared in the first video released last July, sipping red wine and stabbing her salad as she discussed the dismemberment of aborted children, including where to “crush” their bodies for a "less crunchy" technique.
The second is Dr. Mary Gatter, who appeared in the second undercover video, haggling over the prices Planned Parenthood expected to receive for the aborted children's organs and tissue. At one point, she joked that she wants the revenue to pay for “a Lamborghini.”
And the third is Planned Parenthood CEO Cecile Richards, who was also caught in the first video praising Dr. Nucatola.
Despite the shocking evidence uncovered by CMP, Richards has insisted her organization did not receive any profit for what she dubs its "fetal tissue donation program." She apologized only for Dr. Nucatola's "tone." She has since said that Planned Parenthood will not receive any remuneration for babies' body parts.
"These three architects of Planned Parenthood’s baby parts scheme have devoted their lives to the destruction and exploitation of human life in the name of ‘choice,’" said Eric Scheidler, executive director of the Pro-Life Action League. "If we won’t pray for them, who will?”
He asked Christians to pray for these three abortion industry profiteers - and for Richards, who is a post-abortive woman - in order to fulfill Jesus Christ's commandment in the Bible, “Love your enemies, and pray for those who persecute you” (St. Matthew 5:44).
“In God’s eyes, what abortion has done to these three women may be worse than what they’ve done to unborn children, who now rest in our Lord’s loving arms," Scheidler said.
For most Catholics, Lent began yesterday on Ash Wednesday, and lasts 40 days.
Texas AG faces ethics probe for saying clerks can refuse to issue gay ‘marriage’ licenses
AUSTIN, Texas, February 11, 2016 (LifeSiteNews) – The attorney general of the state of Texas is facing an ethics investigation for having affirmed the constitutional religious freedom of state workers to decline to issue marriage licenses to same-sex couples if it goes against their religious beliefs.
Attorney General Ken Paxton took steps to address the issue of conscience protection in his state before and after last June's Supreme Court's Obergefell decision imposing same-sex "marriage" on all 50 states, first issuing a statement the day prior clarifying that Texas law recognizes the definition of marriage as between one man and one woman and recommending that state officials wait for direction from his office should the High Court move to redefine marriage.
Paxton then issued a statement two days after the ruling, his office allowing county clerks and their employees to retain religious freedoms that may allow accommodation of their religious objections to issuing marriage licenses to same-sex couples, and said as well that justices of the peace and judges would similarly retain religious freedoms.
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A month later, a group of some 200 attorneys filed a complaint asserting that Paxton's position encouraged officials to violate the U.S. Constitution and break their oaths of office, according to ABC News.
The complaint was dismissed at first by the Office of Chief Disciplinary Counsel of the State Bar of Texas, but it was reinstated February 2 by a state Supreme Court-appointed appeals board, which contended that the complaint alleges a "possible violation" of professional conduct rules.
The appeals board decision to reinstate the case does not mean Paxton violated professional ethics, according to the ABC report, but does require him to respond to the complaint in conjunction with the investigation.
"The complaint has always lacked merit," said Paxton spokeswoman Cynthia Meyer, "and we are confident the legal process for resolving these complaints will bear that out."
Paxton was among several state officials across the U.S. who moved to ensure conscience protection in the immediate aftermath the Obergefell ruling, at times garnering the ire of homosexual activists.
Last July, South Dakota's attorney general granted permission to county clerks with conscientious objections to opt out of issuing marriage licenses to same-sex couples as long as another clerk in the office would issue the license.
In a highly contentious case, Davis had asked for a religious accommodation allowing her office to issue altered licenses to homosexuals without her name on them, which was eventually granted by Kentucky's Governor Matt Bevin. However, the ACLU sued, seeking to force Davis to issue the old forms with her full name on them. A federal judge rejected the suit earlier this week.
Last year, homosexual activists sent harassing messages, including threats of violence, to Oklahoma State Senator Joseph Silk and his family after the Republican legislator sponsored a bill that would have given the state's business owners the freedom to follow their religious convictions in regard to homosexual "marriage."
Paxton faces penalties varying between a reprimand and disbarment resulting from the ethics complaint. The Texas attorney general is also facing securities fraud charges.
This pro-abortion billionaire may run for president
NEW YORK, February 11, 2016 (LifeSiteNews) - He's an upwardly mobile, socially liberal billionaire whose political affiliation has changed numerous times over the years. He's teased numerous presidential campaigns in the past, but this time he's talking like he's serious. And no, he's not who you think he is.
Michael Bloomberg, who served three terms as mayor of New York City, has confirmed to media sources that he is considering running for president as an independent in 2016.
Bloomberg told told the Financial Times this week that he finds American political "discourse and discussion distressingly banal and an outrage and an insult to the voters," and that he's “looking at all the options."
The 73-year-old tycoon was a registered Democrat before switching parties to run in the less contested Republican primary in 2001. He became a registered independent in 2007.
As mayor, Bloomberg governed as a social liberal who strongly supported abortion and the LGBT political agenda.
In 2011, Bloomberg signed a controversial gag order directed at crisis pregnancy centers. A year later, he endorsed Barack Obama's re-election, saying that abortion-on-demand is part of "the world I want to leave my two daughters, and the values that are required to guide us there."
That's the same year Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including a major partnership with Planned Parenthood-Global to overturn pro-life laws in four nations: Nicaragua, Sengal, Uganda, and Burkina Faso.
Mayor Bloomberg played a pivotal role redefining marriage in New York state, giving the four Republican state senators who voted for New York’s same-sex “marriage” bill the maximum campaign contribution allowed by law. One retired and a second lost his primary fight.
His strong emphasis on health regulations, such as attempting to ban soft drinks larger than 16 ounces, did little to enhance his popularity and were deftly parodied by Sarah Palin. (A state court struck down the proposed regulation.)
The financial heft he could bring into the race, as well as his quirky politics, has tempted Bloomberg to enter presidential politics in the past. He considered a presidential run in 2008 and thought more strongly about a third party bid in 2012, after hosting the inaugural convention of the “No Labels” movement in New York City in 2010, but he backed off each time after not seeing a viable path to victory.
With an estimated fortune of $39 billion, he has said he would be willing to spend more than $1 billion on his campaign in 2016 - but he would only enter the race if the Republican Party nominates Donald Trump or Ted Cruz, and the Democratic Party nominates Bernie Sanders.
He called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run." Jeb reciprocated last month, telling CNN that Bloomberg is "a good person, and he’s a patriot and wants the best for the country.”
At least one of his competitors is eager to see Mike run. "I hope he gets into the race," Donald Trump told Greta Van Susteren on Fox News Wednesday night. "I'd love to compete against him...I would love to see Michael in the race."
That is likely because polling shows Bloomberg would draw most of his support from the Democratic candidate. "Although he is characterized as the New York counterpunch to Trump, Mayor Mike Bloomberg is more the nemesis of Bernie than he is of Donald," said Tim Malloy, assistant director of the Quinnipiac University Poll.
Bernie Sanders would defeat both Trump and Cruz in a head-to-head match, according to Quinnipiac. But if Bloomberg entered the race, he would win 15 percent of the vote largely from Sanders, giving Trump a one-point victory in the popular vote (and narrowing Cruz's loss to one point).
However, he could throw a major wrench in the Democrats' electoral college total, according to columnist Pat Buchanan.
"Not only would Bloomberg lose the Big Apple, his statewide vote would come mostly from the Democratic nominee, giving Republicans the best opportunity to carry the Empire State since Ronald Reagan coasted to re-election in 1984," wrote Buchanan, who served as White House communications director during Reagan's second term.
“It’s not beyond imagining that he could get in and have an effect on the race,” Sen. Sheldon Whitehouse, D-RI, told The Hill.
Perhaps sensing this, numerous Democrats - including Senators Claire McCaskill and Jeanne Shaheen - have thrown cold water on a Bloomberg presidential run.
Democratic National Committee chairwoman Debbie Wasserman Schultz, a Florida congresswoman, said this week that an independent Bloomberg candidacy "won't be necessary" - because the Democrats already represent social liberals.
"I really think when he takes a good hard look, he will conclude that the issues that are important to him...[have] a natural home among our Democratic candidates," she said. "And so, I think Michael Bloomberg's agenda is well cared-for and advanced among our Democratic candidates, and his candidacy, I think he will find, won't be necessary.""
His entrance into the race would be a true injection of "New York values" - making him the third or fourth New Yorker in the race - alongside fellow billionaire Trump from Queens, the Brooklyn-born Sanders, and onetime New York Senator Hillary Clinton.
Annie Linskey, a reporter for the Boston Globe who once worked for Bloomberg, told Fox News on Monday that there is "about a four" percent chance that Bloomberg will run.