The group behind the heavily manipulated and potentially libelous videos accusing Planned Parenthood of selling fetal tissue for profit lost big this weekend. A Supreme Court justice told the Center for Medical Progress that it had to hand over its list of donors and key supporters so the National Abortion Federation can find out who received confidential information at NAF conferences.
CMP founder David Daleiden attended several NAF conferences this past year, and was preparing to release more videos from those conferences. However, in July, the NAF sued Daleiden and the CMP to block the release of the videos, alleging that Dalaeiden’s team burrowed its way into the conference under false pretenses by posing as exhibitors. It also sought a temporary restraining order to block the release of any videos before trial.
NAF argued that the CMP violated a nondisclosure agreement that barred making any recording at the meeting or disclosing confidential information to a third party without NAF consent–an agreement that the CMP had no intention of upholding. Judge William Ortick granted the injunction. The CMP was handed a further defeat in November, when Ortick ordered the CMP to reveal who received confidential NAF information. However, the CMP contended that the order would have the effect of forcing it to reveal its membership list–which would raise significant First Amendment concerns.
However, the Ninth Circuit Court of Appeals refused to rescind the order. Facing a deadline to release the information by midnight Saturday, the CMP filed an emergency appeal with Justice Anthony Kennedy, who handles emergency appeals from the Ninth Circuit. Daleiden claimed that if he were forced to disclose the CMP’s supporter list, it would put CMP supporters at risk for “retaliation.” Kennedy turned the appeal down, meaning that the CMP will have to comply with the order.
The CMP’s argument is disingenuous on several counts. For one thing, a number of anti-abortion groups are not above using ugly and nakedly aggressive tactics to keep women from using Planned Parenthood clinics. Not only that, but Operation Rescue president Troy Newman happens to be a member of the CMP board. Newman continues to keep Cheryl Sullenger on his payroll even though she gave information about George Tiller’s court dates to Scott Roeder. He’s the last person to be wringing his hands about being intimidated.
This order is the latest in a terrible, horrible, no good, very bad stretch of luck for the CMP. An analysis of the videos found them to be so heavily manipulated that they shouldn’t be relied upon for investigative purposes. Under the circumstances, it’s unbelievable that the GOP made noises about shutting down the government unless Planned Parenthood lost all government funding. And now the CMP may finally have to answer for its bottom-dealing tactics. Better late than never, I think.
