David Daleiden Explained

David Daleiden
Birth Date:1989
Birth Place:Santa Clara County, California U.S.
Education:Davis Senior High School
Alma Mater:Claremont McKenna College
Occupation:Anti-abortion activist

David Robert Daleiden (born 1989)[1] is an American anti-abortion activist[2] who worked for Live Action before founding the Irvine, California-based Center for Medical Progress in 2013.[3]

Early life and family

Daleiden says he is the "child of a crisis pregnancy" and grew up "culturally Catholic".[4]

Daleiden graduated from Davis High School in 2007 and later from Claremont McKenna College.[5]

Anti-abortion activities

See main article: Planned Parenthood 2015 undercover videos controversy. In 2015, Daleiden released videos showing Planned Parenthood officials discussing fees for human fetal tissue and organs.[6] [7] Daleiden, an associate of Lila Rose, ran a Live Action chapter in 2007 and was the organization's director of research "during the early stages" of the project to make secret recordings of Planned Parenthood clinics.[8] [9] He originally registered his Center for Medical Progress [C.M.P.] as a tax-exempt biomedical charity. In furtherance of his plan, he set up a fake biomedical research company called Biomax Procurement Services. Daleiden and his collaborator, Sandra Merritt, posed as employees of Biomax and orchestrated surreptitious recordings of interviews where his associates asked about tissue donation costs, and questioned whether tissue samples could be acquired from African American patients with sickle-cell anemia. After the publication of the videos, Daleiden re-registered his Center for Medical Progress as a journalistic organization.[8] [10] [11]

Planned Parenthood states that they may donate fetal tissue at the request of a patient, but such tissue is never sold.[12] [13] According to Molly Redden of The Guardian, the content of the videos was "broadly considered to be false, the product of aggressive and misleading editing".[14] Fusion GPS, the production company Planned Parenthood hired in the wake of the scandal to debunk the videos, rigorously analyzed them and found what they considered to be "...'substantive omissions' on Daleiden's part. According to the investigation, the reviewers could not determine 'the extent to which C.M.P.'s undisclosed edits and cuts distort the meaning of the encounters the videos purport to document.' But, it said, 'the manipulation of the videos does mean they have no evidentiary value in a legal context and cannot be relied upon for any official inquiries' unless C.M.P. provides investigators with its original material, and that material is independently authenticated as unaltered."[15]

The videos were shown to Republican Congressmen Trent Franks and Tim Murphy two weeks before being made publicly available, leading commentators to note that the timing of the release appeared to coincide with a bipartisan bill to raise money for Susan G. Komen for the Cure.[4] [16] [17]

On July 31, 2015, the National Abortion Federation sued CMP and Daleiden, alleging that Daleiden's campaign violated its members' privacy and threatened their safety.[18]

On January 22, 2016, Daleiden appeared on C-SPAN for a question-and-answer session that included viewer call-ins. He advocated reverting current laws back to the time when all elective abortions were criminal acts. The segment's opposing view was presented by NARAL Pro-Choice America policy director Donna Crane.[19] [20]

Injunction against further publication of videos

As part of the National Abortion Federation's lawsuit against Daleiden and the Center for Medical Progress, Federal Judge William Orrick III and the Ninth Circuit Court of Appeals issued an injunction in July 2015 forbidding Daleiden and CMP from publishing any more videos they had illegally obtained at private professional meetings.[21] In March 2017 a federal appeals court in March upheld Orrick's ruling, but new videos then appeared on the website of Daleiden's attorneys, former Los Angeles County District Attorney Steve Cooley and Brentford J. Ferreira.[22] On July 11, 2017, Orrick found attorneys Cooley and Ferreira in contempt of court, saying, "With respect to the criminal defense counsel, they do not get to decide whether they can violate the preliminary injunction".[23]

On July 17, Orrick found Daleiden, the Center for Medical Progress and their lawyers, Steve Cooley and Brentford Ferreira, in contempt of court.[24] Orrick ordered Daleiden to turn over video footage and other materials related to his 2016 preliminary injunction.[25]

On August 31, Orrick found Daleiden and his attorneys, Steve Cooley and Brentford Ferreira, owed $195,359 compensation to the National Abortion Federation for legal fees and increased security for "expenses incurred as a result of the violation of my Preliminary Injunction Order". Orrick wrote that Daleiden's attorneys, Cooley and Ferreira, were included in the sanctions intended to ensure "current and future compliance" with his order.[26]

In November 2019, the Ninth Circuit Court of Appeals upheld Orrick's 2016 injunction, in a 3-0 ruling.

Dropped criminal charges in Texas

On January 25, 2016, a grand jury in Harris County, Texas that originally had investigated the Gulf Coast chapter of Planned Parenthood and cleared them of any wrongdoing, instead indicted Daleiden on a felony count of tampering with governmental records by making and using a fake driver's license,[27] and a misdemeanor charge for emailing an offer to buy fetal tissue for $1,600.[28] [29] [30]

Daleiden turned himself in on February 4, 2016,[31] [32] and appeared in court after posting $3,000 bond.[33] He could have faced a prison sentence of up to 22 years if convicted, according to The Washington Post. He reportedly rejected a plea deal in the case.[34]

The misdemeanor charge of offering to buy fetal tissue was dismissed on June 13, 2016, because of a defect in the indictment.[35] On July 26, 2016, Texas District Judge Brock Thomas dismissed the felony charges by ruling that the grand jury exceeded its authority by indicting Daleiden and Merritt when it was chartered only to investigate Planned Parenthood.[36]

Criminal charges in California

On March 28, 2017, California Attorney General Xavier Becerra filed 15 felony charges against Daleiden, alleging that he and associate Sandra Susan Merritt conspired to pose as BioMax employees in order to intentionally record confidential communications between themselves and Planned Parenthood employees in Century City (Los Angeles), Pasadena (Los Angeles), El Dorado (El Dorado), and San Francisco.[37] [38] On June 21, 2017, Superior Court Judge Christopher Hite dismissed fourteen of the charges, with leave to amend, on the grounds that they were legally insufficient because they did not include details such as the names of the alleged victims and the locations and dates of the videoed events.[39] "Leave to amend" means that the prosecutors were allowed the option to re-file the charges with more details; the prosecutors did so some time during the week of July 3, and all fifteen felony charges against Daleiden and Merritt are active again.[40]

On June 30, 2017, state prosecutors refiled the 14 dismissed charges with numerical identifications for each video.[41] [42] On August 24, 2017, the San Francisco Superior Court rejected new defense motions to dismiss the charges and allowed the case to proceed. Daleiden then pleaded not guilty.[42]

In September 2019, a hearing was held in San Francisco to determine whether Daleiden and Sandra Merritt should go to trial for fifteen criminal counts of felony invasion of privacy.[43] In this hearing, Daleiden's attorneys disputed the warrant by which agents with the California Dept of Justice entered Daleiden's home and seized computers, digital storage devices, and phony identification documents, in April 2016. The court, however, denied their claim that Daleiden was protected by California's Shield Law for acting as a citizen journalist, because the Department of Justice had sufficient probable cause of criminal activity to make the seizures.[44]

On December 6, 2019, Judge Christopher Hite ruled that Daleiden and Merritt would stand trial on nine felony counts involving eavesdropping and invasion of privacy.[45] At the February 21, 2020 arraignment, Daleiden and Sandra Merritt pleaded not guilty.[46]

On Daleiden and Merritt's appeal, Judge Suzanne Bolanos decided in July 2020 that prosecutors could try Daleiden on nine counts and Merritt on eight.[47]

Civil jury trial

Following the September 2019 criminal hearing, Planned Parenthood and others affected by Daleiden's videos initiated a civil jury trial in federal court against Daleiden and Merritt, and also Center for Medical Progress affiliates Troy Newman, Albin Rhomberg, and Gerardo Adrian Lopez. The defendants were accused of fraud, breach of contract, unlawful recording of conversations, civil conspiracy, and violation of federal anti-racketeering law.[48] [49] A verdict awarded the plaintiffs more than $2.2 million on November 16, 2019, and Daleiden was instructed to pay $500,000 in compensatory damages (most of which will be tripled under federal racketeering law), as well as $870,000 in punitive damages to Planned Parenthood.[50] [51] The Thomas More Society has appealed the civil judgment on behalf of Daleiden.[52]

Civil rights lawsuit

In May, 2020, Daleiden filed suit against California Attorney General Xavier Becerra and former Attorney General Kamala Harris, claiming Harris conspired with Planned Parenthood to violate his civil rights by prosecuting him for his undercover investigation.[53]

External links

Notes and References

  1. Web site: Sting Videos Part Of Longtime Campaign Against Planned Parenthood. Jennifer. Ludden. July 22, 2015. NPR. February 3, 2016.
  2. News: Jury Finds Abortion Foes Harmed Planned Parenthood, Awards Over $2 Million . Dinzeo . Maria . 2019-11-15 . 2019-11-16 . en-US.
  3. Web site: Judge blocks release of recordings by anti-abortion group. Thanawala, Sudhin. July 31, 2015. Associated Press. https://web.archive.org/web/20160305000738/http://bigstory.ap.org/article/cf5912ced21541e0965e1eb31df95c81/lawsuit-anti-abortion-group-secretly-recorded-providers. March 5, 2016. dead.
  4. Web site: With Planned Parenthood Videos, Activist Ignites Abortion Issue. Calmes. Jackie. July 23, 2015. The New York Times.
  5. Web site: DHS grad at center of abortion controversy. Davis Enterprise. September 16, 2021. July 22, 2015.
  6. Republican Presidential Contenders Slam Planned Parenthood Over Video . Time . July 14, 2015 . July 21, 2015 . Rhodan, Maya.
  7. Activists Release Second Video Slamming Planned Parenthood Fetal Tissue Donations . Time . July 21, 2015 . July 21, 2015 . Basu, Tanya.
  8. Web site: Who Is the 26-Year-Old Man Behind the Planned Parenthood 'Sting' Videos?. Uffalussy. Jennifer. July 21, 2015. Yahoo Health.
  9. Web site: Maker of Planned Parenthood Video Called Abortion 'Genocide'. Allen. Samantha. July 15, 2015. The Daily Beast.
  10. Web site: Planned Parenthood: More Sting Videos Are Coming. Huffington Post. July 20, 2015 . The CMP was founded by David Daleiden, an anti-abortion activist who previously worked for the group Live Action, known for its heavily edited undercover videos of Planned Parenthood staffers..
  11. Web site: Group Behind Planned Parenthood Sting Video May Have Tricked IRS, Donors. July 17, 2015. 28 November 2016. The Huffington Post.
  12. Web site: Planned Parenthood says video part of decadelong harassment. Fram. Alan. July 20, 2015. https://web.archive.org/web/20180201052112/https://apnews.com/1373d36d25924b348d48f59b85299eda/planned-parenthood-video-latest-10-years-harassment. February 1, 2018. dead.
  13. News: Planned Parenthood: More Sting Videos Are Coming . July 20, 2015 . Bassett . Laura . Huffington Post.
  14. https://www.theguardian.com/us-news/2016/jul/26/planned-parenthood-sting-videos-charges-dismissed Charges dismissed in indictments over Planned Parenthood sting videos
  15. News: Planned Parenthood Videos Were Altered, Analysis Finds. Calmes. Jackie. 2015-08-27. The New York Times. 2019-06-27. en-US. 0362-4331.
  16. Web site: Lawmakers Knew About Planned Parenthood Video Weeks Ago (Video). Rollcall.com. July 16, 2015. July 22, 2015. July 22, 2015. https://web.archive.org/web/20150722152146/http://blogs.rollcall.com/218/interview-didnt-happen/. dead.
  17. Web site: Coincidence ... or Is It? Planned Parenthood 'Sting' Video Isn't First to Derail Legislation. Yahoo Health. July 17, 2015.
  18. Web site: State Probes Find Zero Planned Parenthood Violations As Antiabortion Group Is Sued Over Undercover Videos. July 31, 2015 . Yahoo News. August 4, 2015.
  19. Web site: Washington Journal: David Daleiden on Planned Parenthood. C-SPAN.org. 2016-01-29. en-US.
  20. Web site: Washington Journal: Donna Crane on Supreme Court Abortion Case. C-SPAN.org. 2016-01-29. en-US.
  21. News: Anti-abortion group is sued over video releases. Stempel. Jonathan. 2015-07-31. Reuters. 2019-06-27. en.
  22. Web site: Judge to consider contempt against antiabortion group leader after release of Planned Parenthood videos. May 25, 2017. Los Angeles Times. 2019-06-27.
  23. Web site: Thanawala. Sudhin. Judge: Anti-abortion leader's attorneys violated court order . Daily Herald. Associated Press. July 11, 2017 . October 10, 2017 .
  24. Web site: Antiabortion activist, lawyers held in contempt over secret videos. Egelko. Bob. 2017-07-18. SFGate. San Francisco Chronicle. 2019-06-27.
  25. Web site: Pro-life investigator Daleiden held in contempt of court for posting undercover abortion videos. Richardson. Valerie. July 17, 2017. The Washington Times. en-US. 2019-12-17.
  26. http://www.nationallawjournal.com/home/id=1202797026382 Federal Judge Sanctions Two California Lawyers in Abortion Videos Case
  27. The Harris County, Texas grand jury charged Daleiden with making, presenting and using a California driver's license "with the intent to defraud and harm another [. . . ]". The photocopy attached to the indictment appears to show a California driver's license in the name of "Robert David Sarkis." Indictment, Jan. 25, 2016, The State of Texas v. David Robert Daleiden, case no. 1496318, 338th District Court, Harris County, Texas.
  28. News: The charges against anti-Planned Parenthood filmmaker, explained. January 26, 2016. Danielle Paquette. The Washington Post. January 26, 2016.
  29. Web site: Grand Jury Won't Take Action Against Planned Parenthood Gulf Coast. Channel 13 Eyewitness News. Channel 13 News Houston. January 25, 2016. ABC13IndictmentNews.
  30. News: Fernandez. Manny. 2 Abortion Foes Behind Planned Parenthood Videos Are Indicted. The New York Times. January 25, 2016.
  31. News: Activist behind anti-Planned Parenthood videos turns himself in. Sandhya Somashekhar. February 4, 2016. The Washington Post. February 4, 2016.
  32. Web site: Indicted anti-abortion activist behind videos appears in Texas court. Ruthy Munoz. February 4, 2016. Reuters. February 4, 2016.
  33. Web site: The Latest: Anti-abortion activist surrenders in Texas. Associated Press. February 4, 2016. February 4, 2016. Miami Herald.
  34. News: 2 behind Planned Parenthood videos rejecting plea deals . Associated Press . 29 April 2016 . May 1, 2016 . May 7, 2016 . https://web.archive.org/web/20160507162218/http://bigstory.ap.org/article/62b31dccc8bc4ee3aba839530660b230/2-behind-planned-parenthood-videos-rejecting-plea-deals . dead .
  35. Bradford Richardson, "Misdemeanor charge dropped against David Daleiden in undercover Planned Parenthood sting," June 14, 2016, The Washington Times, at http://www.washingtontimes.com/news/2016/jun/14/misdemeanor-charge-dropped-against-david-daleiden-/.
  36. Last charge dropped against anti-abortion duo behind Planned Parenthood videos," July 26, 2016; Fox News, at http://www.foxnews.com/us/2016/07/26/last-charge-dropped-against-anti-abortion-duo-behind-planned-parenthood-videos.html
  37. Web site: Two antiabortion activists behind undercover Planned Parenthood videos charged with 15 felonies. Hamilton. Matt. Los Angeles Times. March 29, 2017 . 2019-06-27.
  38. News: See the 15 felony charges California filed against antiabortion activist David Daleiden . Sacramento Bee . 29 March 2017.
  39. News: Egelko. Bob. SF judge deals setback to prosecutors in abortion sting videos. 22 June 2017. San Francisco Chronicle. 21 June 2017.
  40. Web site: California files more charges against antiabortion activists. Bob. Egelko. 2017-07-07. SFGate. 2019-06-27.
  41. Web site: Egelko. Bob. California files more charges against antiabortion activists . SfGate. July 7, 2017 . October 10, 2017 .
  42. Web site: SF court ruling allows felony charges to proceed against anti-abortion activists . Daily Herald . August 24, 2017 . October 10, 2017 . November 8, 2017 . https://web.archive.org/web/20171108080825/http://www.sfexaminer.com/sf-court-ruling-allows-felony-charges-proceed-anti-abortion-activists/ . dead .
  43. News: Dinzeo . Maria . Criminal Hearing Begins Over Undercover Video by Abortion Foes . 7 November 2019 . courthousenews.com . 3 Sep 2019.
  44. News: Dinzeo . Maria . Abortion Foe Defends Secret Taping as Investigative Work . 7 November 2019 . courthousenews.com . 16 Sep 2019.
  45. News: Dinzeo. Maria. Abortion Foes Will Face Criminal Charges in Undercover Video Case. Courthouse News. December 6, 2019 . December 10, 2019.
  46. News: Dinzeo. Maria. Anti-Abortion Activists Arraigned in Criminal Invasion of Privacy Case. Courthouse News. February 21, 2020 . May 18, 2020.
  47. News: Egelko . Bob . Case to go forward against two antiabortion activists who recorded conversations . . July 29, 2020 . June 11, 2021.
  48. News: Iovino . Nicholas . Anti-Abortion Foe Grilled on Motives for Secretly Videotaping Doctors . 7 November 2019 . courthousenews.com . 31 Oct 2019.
  49. News: Atkins . Dorothy . Activists Schemed To 'Destroy' Planned Parenthood, Jury Told . 13 November 2019 . Law360.com . 12 November 2019 . The case is Planned Parenthood Federation of America Inc. et al. v. Center for Medical Progress et al., case number 3:16-cv-00236, in the U.S. District Court for the Northern District of California..
  50. News: Planned Parenthood wins $2.2 million verdict against anti-abortion activists. Egelko. Bob. 2019-11-16. San Francisco Chronicle. en-US. 2019-12-17 . After a monthlong trial, the jurors found that David Daleiden, his employee Sandra Merritt and their collaborators had violated state and federal laws against trespassing, fraud, clandestine recording and racketeering, as well as the nondisclosure agreements the two signed before entering the meetings. Jurors awarded Planned Parenthood more than $500,000 as compensation for the intrusions and $870,000 in punitive damages. Under federal racketeering law, most of the compensation will be tripled..
  51. Web site: Pro-Life Investigators Found Guilty in Lawsuit After Filming Planned Parenthood Execs Discussing Sale of Fetal Body Parts. Evans. Zachary. November 15, 2019. news.yahoo.com. National Review.
  52. Web site: 2020-07-13. Legal Battles Continue to Escalate Five Years After Undercover Journalist's Abortion Exposé. 2020-08-19. Thomas More Society. en-US.
  53. Web site: Dorman. Sam. May 13, 2020. Undercover journalist suing Kamala Harris for conspiring to violate his civil rights through prosecution. live. https://web.archive.org/web/20200514051626/https://www.foxnews.com/politics/daleiden-suing-kamala-harris-california . May 14, 2020 . September 22, 2020. Fox News. en-US.

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