The Thomas More Society, which defended Center for Medical Progress founder David Daleiden, has announced its plans to appeal the court’s ruling in Planned Parenthood v. The Center for Medical Progress.
Recently, a jury found a team of undercover CMP journalists liable after a series of videos exposed Planned Parenthood’s illegal baby body-parts trade. Despite the commendable work done by the CMP to expose the abhorrent practices of the abortion provider, the court sided with a powerful corporation over journalists who uncovered Planned Parenthood’s criminal activities.
As the lead defense attorney for the Thomas More Society, Peter Breen, pointed out, the CMP utilized “standard investigative journalism techniques” to report on the story. Breen expressed his confidence that the lawsuit against Daleiden and his team had been motivated by “payback,” as the CMP’s investigation had unveiled Planned Parenthood’s criminal trafficking of fetal parts. The public had a right to know about the corrupt practices of Planned Parenthood, and the content of the CMP videos should rightly cast doubt upon the abortion organization’s insistence that they’re a valuable provider of women’s healthcare services.
Breen also mentioned how the CMP’s reporting on Planned Parenthood’s illegal activities led to Congress issuing criminal referrals to the politically-motivated corporation, and elected officials have even attempted to strip them of their funding. Yet, Planned Parenthood is not being held accountable for its wrongdoings. Instead, the journalists who uncovered the story are being held liable for publishing the words of Planned Parenthood’s own employees. This decision to hold a group of reporters accountable for revealing the corrupt actions of a corporation may have been influenced by the biases of the judge presiding over the case.
Judge William Orrick III made the controversial choice to inform the jury that the CMP journalists were not protected under the First Amendment, which defense attorneys argued against. An issue that is likely to be relevant in the Thomas More Society’s appeal is that Orrick has been a longtime supporter of Planned Parenthood. Not only did he help run a Planned Parenthood clinic, but his wife published posts on social media that compared the CMP team to “domestic terrorists.”
The U.S. District Court Judge refused to recuse himself from the case. Throughout the trial, Orrick proceeded to make several questionable rulings. Not only did he refuse to allow the defense to present the videos the CMP was being sued for to the jury, he also had it stricken from the record that Planned Parenthood Rocky Mountains may have violated HIPAA laws by sharing confidential patient records with Daleiden.
For this reason, Tom Brejcha, president and chief counsel of the Thomas More Society, says he is confident they will win the appeal. Brejcha told me that the verdict “tests the sacred tenet of freedom of the press.”
The lack of accountability for Planned Parenthood should also raise concerns. Adding to the organization’s perceived invincibility is the court’s decision to award them a total of $870,000 in punitive damages after less than two days of jury deliberation. This included $125,000 from Daleiden, $25,000 from Sandra Merritt, $200,000 from CMP’s undercover company, BioMax, and $400,000 from CMP. Two former CMP members, Troy Newman and Albin Rhomberg, both owe Planned Parenthood $50,000 and $70,000, respectively.
But defense attorney Paul Jonna is optimistic that the ruling is only a “temporary victory” for Planned Parenthood.
“The verdict is the natural product of Judge Orrick’s erroneous legal rulings,” he said. “This verdict won’t stand. The court made too many mistakes and we have a tremendous record for appeal. We will continue to fight to protect the First Amendment and the rights of the unborn.”
Samantha Kamman writes about abortion for LoneConservative.com
