by Grace Carr
– The Center for Medical Progress (CMP) and David Daleiden filed three motions in San Francisco federal court Wednesday.
– The National Abortion Federation (NAF) sued CMP in 2015 accusing CMP and David Daleiden of trespassing, fraud and illegal videotaping.
– CMP released videos, footage and transcripts in 2015 exposing Planned Parenthood’s alleged illegal sale of fetal tissue.
A “damning” set of undercover videos allegedly revealing the illegal sale of aborted baby body parts might soon be released to the public if the court decides to lift its gag order barring the footage from publication.
The Center for Medical Progress (CMP) and David Daleiden filed three motions in San Francisco federal court Wednesday evening, asking the court to dissolve the injunction barring CMP from releasing its remaining footage allegedly showing Planned Parenthood leaders selling aborted baby parts. CMP is also asking the court to dismiss the National Abortion Federation’s (NAF) 2015 lawsuit, “National Abortion Federation (NAF) v. Center for Medical Progress,” accusing CMP and David Daleiden of trespassing, fraud and illegal videotaping.
Planned Parenthood also filed a lawsuit against CMP in 2016.
CMP’s Wednesday motions claim the facts justifying Judge William Orrick’s 2016 gag order are no longer valid following a number of findings and ongoing investigations into Planned Parenthood’s activities.
CMP released nine videos in September 2015 exposing Planned Parenthood’s illegal sale of fetal tissue. The group also published full footage and transcripts for the undercover videos.
The remaining videos are the “most damning evidence that we ever recorded,” Daleiden said in a press call Thursday.
NAF dropped seven of its 11 claims, including two federal claims, made against CMP. NAF dropped all illegal video-recording claims as well.
CMP also filed an anti-SLAPP (strategic lawsuit against public participation) motion Wednesday, asking the court to dismiss California’s lawsuit meant to silence Daleiden. “The public [should] know what’s going on behind closed doors,” Freedom of Conscience Defense Fund (FCDF) attorney Charles LiMandri said on the Thursday call.
“We know that we’re right on the law on these motions … We feel confident that if we get this full lawsuit put before a jury, the jury will see Planned Parenthood’s [errors],” LiMandri said. “Our optimism is there.”
NAF failed to properly state its claims, according to FCDF attorney Paul Jonna. NAF “originally brought two federal claims, but their only basis for federal jurisdiction now is diversity jurisdiction … [and] their claims don’t hold,” Jonna said Thursday.
NAF also attempted to sue for fraud and breach of contract, which it cannot do, according to attorney Jonna.
“A criminal proceeding is necessarily public,” Thomas More Society attorney Peter Breen said Thursday, noting that the injunction barring CMP and Daleiden from releasing the remainder of their videos marks the first and only time a California attorney general has sought to prosecute a journalist. We “intend to show these videos in open court in a criminal proceeding, thus the injunction needs to be dissolved so that we can do so … we’re going to continue to pound until we get there,” Breen added.
“You can expect probably a solid dozen more videos [if the gag order is lifted]” Daleiden said. He explained that the order of released tapes was in large part determined by what would be most educational for the public. The initial videos were the “most comprehensive and gave a better basic overview,” of Planned Parenthood’s activities, according to Daleiden. Now “some of the most damning and incriminating” videos are left, Daleiden said.
CMP will also challenge the $200,000 fee imposed by the court on Daleiden.
Oral arguments will be heard Sept. 14 by the 9th Circuit Court of Appeals in San Francisco.
Neither Planned Parenthood nor NAF responded to The Daily Caller News Foundation’s request for comment in time for publication.
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Grace Carr is a reporter at Daily Caller News Foundation. Follow Grace on Twitter.