Peter J. Smith

Phill Kline ethics trial adjourns for now: battle has cost him $200,000 says Kline

Peter J. Smith
Peter J. Smith

TOPEKA, Kansas, March 2, 2011 (LifeSiteNews.com) – The eight-day ethics trial against Phill Kline, the former Kansas attorney general and the only U.S. prosecutor to file criminal charges against Planned Parenthood, came to a conclusion this afternoon – but not before testimony detailed how the judicial system had been reworked against Kline in favor of the abortion clinics that he had targeted as part of a broad criminal investigation.

However, Wednesday only marked the end of part one of the Kline ethics trial. Pro-life blogger Jill Stanek, reporting to LifeSiteNews.com from Topeka, said the second part will begin in several months. She said that while the case for Count I against Kline is over, the hearing for Count II will begin on July 19. Disciplinary Administrator Stan Hazlett will argue that Kline acted prejudiced in the administration of justice (Count II).

Each side will have a day and a half to argue their case, with closing arguments on the fourth day.

Motion to dismiss ethics charges

Stanek said that Kline’s attorneys filed a 148-page motion to dismiss the charges against him Tuesday afternoon. Hazlett will have until April 4 to respond to that motion. Kline’s attorneys will then have until April 18 to reply to Hazlett’s response.

The disciplinary panel will then make a judgment whether to dismiss the charges or continue proceeding with the trial.

Expert witness affirms Kline’s investigative tactics, delay of abortion file transfer

Although Kline was given less than a day to make a positive defense against Hazlett’s Count I charges of ethical misconduct, Stanek said he had enough time to call to the stand an expert witness who affirmed that the tactics Kline used throughout the investigation of Planned Parenthood and George Tiller were sound and routine in law enforcement investigations.

Tom Stanton, an investigator and ethics professor at Kansas University, testified that all of Phill Kline and his AG office’s actions in obtaining information from Social and Rehabilitative Services were ethical. He emphasized that Kline’s omitting to tell state agencies the full scope of his investigation was not a lie. But even so, Stanton added that it is entirely ethical for investigators to deceive, because the goal is not to let the target know what is going on.

“Police can actually lie to suspects, and not share the nature of the investigation with anyone,” Stanton said, as reported by Stanek.

Kline also faces charges of ethics violations in part because files relating to his criminal investigation of the abortion clinics were stored at an apartment for a month, until February 2007. However, Stanton testified on the stand that he agreed with the assessment of Tom Williams, Kline’s chief investigator, that the Johnson County District Attorney’s office was not secured. Williams had later moved the files after he deemed the office secure enough to safely store the files in the evidence room.

Stanton said conversations with Linda Carter, AG Paul Morrison’s former secretary and paramour at the DA’s office, confirmed the view that the office was not secure when Kline transitioned into Morrison’s former job.  He said Morrison had so poisoned the Johnson County DA’s office that attorneys were branded as “traitors” simply for working with Kline.

Illustrating the one-sidedness of the hostility, however, Stanton recounted that Kline had made overtures of good will to Morrison, and sent him a letter giving him information Morrison had requested and offering to help. Stanton said Morrison’s response to Kline’s letter was “thanks, but no thanks.”

Supreme Court order may have put key information in abortion clinics’ hands

On the final day of the proceedings Kline also testified that the Kansas Supreme Court had compelled him to hand everything and anything his criminal investigation gathered on abortion clinics to his successor as attorney general, Paul Morrison.

But according to Kline the information then may have then been handed over to Planned Parenthood and abortionist George Tiller. “I’ve been told all that information was then turned over to attorneys for abortion clinics,” Kline testified.

He also testified that the Kansas Supreme Court order did not stop at the targets of Kline’s investigation, i.e. Comprehensive Health Planned Parenthood (CHPP) in Johnson County and Tiller’s Women’s Health Care Services clinic in Wichita.

Stanek told LifeSiteNews.com that the high court’s order was so broad in scope, Kline had to hand over to Morrison prosecutors’ evidence given him that pertained to other abortion clinics under investigation. This included personal information, civil cases by child rape victims against Planned Parenthood in Ohio (for their failure to report child rape), and even information from Planned Parenthood employees, who had come forward from other clinics around the country.

Morrison had declared in May 2007 that he was clearing Planned Parenthood of criminal wrongdoing. However, when Kline took over Morrison’s position as DA of Johnson County, he continued his criminal investigation into Planned Parenthood’s failure to report child rape and conspiracy to commit illegal late-term abortions.

Morrison then joined with Planned Parenthood in a legal action against Kline to deprive him (as well as Judge Richard Anderson) of redacted copies of the medical records. That evidence formed the basis of the 107 criminal counts (including 23 felonies), which CHPP still faces today.  While Morrison did not succeed in stopping Kline from filing the case, the legal action created a delay that ensured that Kline was not able to prosecute the case before leaving office in January 2009.

Only two years later, has the criminal case against CHPP begun to move forward again.

Phill Kline: Legal battles have cost me $200,000

Stanek said that at the end of the day Kline resumed the stand, and testified that Morrison had denied him legal representation, even though he was being sued by abortion clinics for his actions in his public capacity as AG.

Kline said that he was forced to obtain private counsel, which has cost him $200,000 in legal fees. He said these legal costs have never been reimbursed by the state.

LifeSiteNews.com spoke with Kline at the conclusion of the day, and asked what he hoped would be the outcome of his trial.

“My hope and prayer is that the truth, which I believe was revealed in that hearing panel, comes out,” said Kline.

Kline also said that he hoped the Kansas legislature would take a renewed look at his investigation into the victims of child rape, unreported by abortion providers, “and that those in the executive branch of government might be willing to take a look and determine what needs to be done to ensure that appropriate investigations like ours move forward without undue interference.”

See the complete list of LSN stories by Peter Smith on the Kline trial:

* 107-count criminal case begins against Planned Parenthood in Kansas
* Phill Kline ethics trial: Day 1 – Live update
* Kansas abortionists failed to report 166 potential cases of child rape: Phill Kline trial day 2
* Phill Kline attorney makes witness sweat in Planned Parenthood ethics complaint case
* DA’s diary snatching brings new twist to Phill Kline ethics trial, potential crime
* Kansas Travesty: 249 child-age abortions over 3 years, just four sex abuse reports: Kline Hearings
* Kansas judge testifies ‘probable cause’ existed to investigate criminal PP activity: Kline Hearings
* Kline did not violate judge’s order in secret Planned Parenthood case: judge’s legal counsel
* Planned Parenthood gambit: beat Phill Kline charges, defeat Live Action?
* Former Tiller attorney combed CD of sensitive records from Kline investigation 
* The Phill Kline saga: Planned Parenthood protected, children forgotten, the prosecutor prosecuted
* Day 6 trial: Kline protected sexual assault victim privacy, Tiller compromised patient privacy
* Video: Kline says ‘those in power’ blocked Planned Parenthood, Tiller investigation
* Witness: Phill Kline didn’t need/want adult patient names
* Prosecutor tells investigator: we don’t have to accept report clearing Phill Kline
* UPDATE: Kline tells ethics panel, ‘You are violating my due process rights!’
* ‘It is wrong!’: Phill Kline blocked from presenting full defense, calling all witnesses
* Phill Kline: Kansas Supreme Court ‘obstructed’ child rape investigation to save Planned Parenthood

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Kim Davis refusing to issue marriage license to same-sex couple Frame from Times video
Mass Resistance

Kim Davis jailing only beginning of what is in store for America as revealed in June 27 “gay” magazine

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September 4, 2015 (Mass Resistance) --The judge told her that she’ll stay in jail until she’s willing to change her mind -- and go against her conscience and faith. He said that he’d review the situation in a week. The judge said that he jailed her because fining her  “would not bring about the desired result of compliance”.

There are approximately 125 county officials throughout Kentucky who can issue “gay marriage” licenses. But the judge was adamant that every county official must be forced to do it and that religious freedom cannot be allowed, despite the First Amendment.  “The idea of natural law superseding this court’s authority would be a dangerous precedent indeed,” he said.

See video of Kim Davis, turning away very angry same-sex couple demanding a marriage license.

In 2004, 75% of Kentucky voters passed a State Constitutional Amendment restricting marriage to one man and one woman. On Thursday, Sept. 3, County Clerk Kim Davis was sent to jail by U.S. District Judge David Bunning because she refuses to issue “gay marriage” licenses, a decision which she says is rooted in her strong Christian faith.
 

The post-“gay marriage” revolution

Most pro-family people didn’t see the chilling article that appeared in The Nation, a major left-wing magazine, the day before the U.S. Supreme Court “gay marriage” ruling came out. The article outlines where the LGBT movement is going after “gay marriage.”

The Nation article, “What’s Next for the LGBT Movement?”, quotes four high-profile LGBT activists who reveal that “gay marriage” was never their final goal. The LGBT movement will not be stopping to rest, they say. Their plan is to delegitimize and crush all opposition to their agenda everywhere in America – particularly in the churches -- no matter how small.

Some of the things the article outlines:

  • “Dis-establish marriage.”  “Gay marriage” was simply a stepping stone. Their actual goal is that there be no formal marriage rules at all. This means group marriages are next, then incestuous marriages, and later even marriages to minors. It would simply be up to the people directly involved to decide.
  • Pass strong LGBT “non-discrimination” laws across the US. These are the laws that force bakers to bake “gay marriage” cakes or face huge punishments. Such laws would also force schools to include LGBT indoctrination. Most states still do not have the onerous laws the LGBT movement demands. The activists refer to those states (mostly in the South and Midwest) as “zones without rights” in their propaganda.
  • Ban all “religious liberty” laws. They consider religious liberty to be a dangerous ploy to “undermine all civil rights laws” that must be stopped at all costs. All people must be forced to follow the LGBT agenda, with no exceptions.
  • Demonize pro-family conservatives and silence all dissent. They plan to direct “massive amounts of funds” to “expose and defeat the right wing” across America.
  • Push a radical political agenda. They plan to leverage their power to support Marxist economic policies, the right to “early term abortion,” and similar policies.


Starting to happen

Last month the Denver City Council moved to deny the Chick-fil-A restaurant chain permission to do business at the Denver Airport because the company’s president said he does not agree with “gay marriage.” One Council member labeled the president’s pro-marriage beliefs “discriminatory political rhetoric,” and must not be allowed to make profits from the city’s airport. (Chick-fil-A restaurants have never been accused of actually discriminating against anyone.)

The national homosexual group Human Rights Campaign is already raising millions of dollars to fight religious freedom laws around the country.

And of course, there’s the upswing of left-wing hate and demonization of religious people. The day after Kim Davis was jailed, the Boston Globe prominently published an op-ed article titled “Kim Davis follows the footsteps of George Wallace” which states, among other things, that “Davis is just the latest in a long, infernal line of fanatics to contort their so-called faith into an excuse for hatred and division.” The Left’s hatred of religious people is visceral, and now it’s coming to the forefront.
 

Lots of hypocrisy

The jailing of Kim Davis by Judge Bunning, like most of the Left’s actions, has more than a whiff of hypocrisy. When San Francisco Mayor Gavin Newsom began illegally ordering county clerks to issue “gay marriage” licenses in 2004, or in 2009 when California clerks (and the Governor) ignored the Prop 8 ruling against issuing “gay marriage” licenses, no judge intervened at all. 
 

Cowards and compromisers

It pains us to say it, but for decades the pro-family movement has been crippled from gaining ground by cowards and compromisers, from top to bottom. Don’t get us started on what led to the disastrous the Supreme Court “gay marriage” ruling.  And it continues with the Kim Davis issue.

While Kim Davis sits in jail, five of her six deputy clerks shamelessly have agreed to abide by the judge’s wishes and started issuing “gay marriage” licenses. (The one holdout is her son.) According to news reports, starting the very next day they were issuing them quite cheerfully, even shaking the hands of the newly “married” homosexual couples.

A disturbing number of pro-family and church leaders across the country have sided with the Federal Judge, saying that Kim Davis should go to jail for “not following the law.”  (Actually there is no “law” on the books – it is only a court ruling. Nor could the judge cite such a law.) 

Even the National Review has published an article saying “[R]eligious-liberty protections cannot act as a bar to gay couples: If the law permits a U.S. citizen to get a license, there must be a way for the gay couple to access it, with their dignity intact."
Wonderful. What a lame movement we're in!
 

What can good people do?

We can certainly see what’s coming up. It’s a hardcore take-no-prisoners approach. We must react accordingly. What most of our movement has tried hasn’t worked and isn’t going to work.

MassResistance believes that their whole program must be confronted. Using what resources we have, we believe in taking the offensive. This means challenging that movement everywhere we can. First and foremost means not holding back on telling the unabashed truth, no matter what the consequences. (For example, most conservatives are squeamish about talking about the well-documented medical and psychological destructiveness of homosexual behavior.)

The LGBT movement wins when we become afraid to confront them. 

This article was originally published on the website of Mass Resistance and is re-published with permission.

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Obama and Hillary support Christian clerk’s arrest over gay ‘marriage’

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By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) -- The front runner for the Democratic presidential nomination believes that Kim Davis deserved to be jailed.

Shortly following Kim Davis' arrest on Thursday afternoon, Hillary Clinton retweeted a story about Davis' arrest for refusing to issue marriage licenses to homosexual couples, saying all elected officials "should be held to their duty to uphold the law - end of story."

The White House seconded that assessment. The punishment - jail time, rather than a fine - was "appropriate," White House spokesman Josh Earnest said during his daily press briefing on Thursday.

The Obama administration spokesperson went on to say that "the principle of the rule of law is central to our democracy."

Calls to imprison Christians who refuse to participate in same-sex "marriage" have intensified on the Left since the late June Supreme Court decision that imposed same-sex "marriage" on the nation.

As Davis was taken out of the federal court room to her jail cell, gay activists yelled, "Love won! Love won!"

Shortly after her arrest, opinion writer E.J. Montini wrote that Davis "was found in contempt of court and sent to jail. Good."

Their position could hardly contrast more sharply with those of some Republican presidential contenders.

Mike Huckabee is holding a #ImWithKim rally in Kentucky on Tuesday to support Davis, who remains in jail today.

Sen. Ted Cruz has said the arrest - which was ordered by a Republican-appointed federal judge - constituted "judicial tyranny."

Not all Republicans agree, though. Chris Christie said that he would demand that clerks participate in the public recognition of same-sex "marriage" regardless of their religious convictions. Lindsey Graham and Carly Fiorina have had similar sentiments.

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Ted Cruz: Kim Davis’ arrest is ‘tyranny’ intended to drive Christians from office

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By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) - The arrest of Kim Davis has sent shock waves throughout the nation - and a clear message: Christians have no place in the public square, according to Sen. Ted Cruz.

When the deeply religious clerk was hauled off to jail Thursday afternoon, "judicial lawlessness crossed into judicial tyranny," Cruz said.

Same-sex "marriage" was imposed on the nation by a 5-4 Supreme Court judgment authored by Justice Anthony Kennedy. The arrest of Kim Davis on "contempt of court" charges was ordered by U.S. District Court Judge David Bunning, a George W. Bush appointment who is the son of former moderate Republican senator and baseball great Jim Bunning of Kentucky.

"Those who are persecuting Kim Davis believe that Christians should not serve in public office," Cruz said.

His analysis is shared by former Sen. Rick Santorum. He warned, "More and more people of faith will face the penalties Ms. Davis is now encountering if we do not make the necessary accommodations so people can not just worship but live out their faith in their lives."

Santorum called for passing the First Amendment Defense Act to prevent scenes of clerks being arrested, florists being fined, and bakers being forced out of business.

"This is wrong. This is not America," said Cruz, who recently hosted a Rally for Religious Liberty that featured many of those whose businesses have suffered for following their faith on the issue of sexuality. "I stand with Kim Davis. Unequivocally."

"I stand with every American that the Obama administration is trying to force to choose between honoring his or her faith or complying with a lawless court opinion," Cruz said. “I call upon every believer, every Constitutionalist, every lover of liberty to stand with Kim Davis."

Former Arkansas Gov. Mike Huckabee will literally do that, as he hosts an #ImWithKim rally in Kentucky on Tuesday to support Davis.

Cruz joins other Republican presidential candidates who support the Kentucky Christian clerk.

"I think it's absurd to put someone in jail for exercising their religious liberty," Sen. Paul, R-KY, told CNN on Thursday afternoon. "I think it's a real mistake to be doing this."

Sen. Marco Rubio of Florida agreed, “There should be a way to protect the religious freedom and conscience rights of individuals working in the office.”

However, other candidates disagreed. Chris Christie said on Fox News Sunday that laws should be enforced against Christians who decline to participate in gay "marriages."

Sen. Lindsey Graham and Carly Fiorina similarly agree Davis should have issued the marriage licenses, regardless of her faith.

Democratic presidential candidate Hillary Clinton tweeted that laws should be enforced, as she shared a story of Davis' arrest on Twitter.

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