The fascist liberals in California are still persecuting and prosecuting the undercover journalists who proved that Planned Parenthood was breaking state and federal laws in their abortion practices.
On Tuesday California charged David Daleiden and Sandra Merritt of the Center for Medical Progress (CMP) on 15 felony counts for having the audacity to expose criminal behavior to the world.
The pro-life activists who accused Planned Parenthood of selling the human remains of the unborn were charged by California prosecutors Tuesday with recording people without consent during the undercover investigation into the nation’s largest abortion provider.
“The right to privacy is a cornerstone of California’s Constitution, and a right that is foundational in a free democratic society,” Mr. Becerra said in a statement. “We will not tolerate the criminal recording of confidential conversations.”
To make matters worse 14 of the 15 counts that California has charged the pair with recording “confidential” information, but most of these conversations took place in very public places between strangers. Obviously, the information conveyed was not confidential.
California is a two-party consent state when it comes to taping private conversations. But those conversations have to be private. Fourteen of the 15 charges filed came under California Penal Code Section 632(a), which states in relevant part, “Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication … shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.” Note the language: confidential. These were not confidential communications.
First off, conversations in a public restaurant are clearly not confidential. And the Ninth Circuit found in 2002 that tapes made in private areas between a company and undercover journalists who are “strangers” to that company are not illegal – they ruled that a very similar undercover investigation by ABC News against Medical Laboratory Management Consultants for Primetime Live was just fine: “Devaraj’s willingness to invite these strangers into the administrative offices for a meeting and then on a tour of the premises indicates that Devaraj did not have an objectively reasonable expectation of solitude or seclusion in the parts of Medical Lab that he showed the ABC representatives.”
Furthermore, the court found no reasonable expectation of privacy regarding the conversations between the ABC undercover reporters and medical technicians: “Devaraj did not reveal any information about his personal life or affairs, but only generally discussed Medical Lab’s business operations, the pap smear testing industry, and Gordon’s supposed plans to open her own laboratory.” In fact, the Ninth Circuit explicitly distinguished Arizona law from California law and then said that even under California law, there would be no reasonable expectation of privacy: “The expectation of limited privacy in a communication – namely the expectation that a communication shared with, or possibly overheard by, a limited group of persons will nonetheless remain relatively private and secluded from the public at large – is reasonable only to the extent that the communication conveys information private and personal to the declarant.” This is precisely the same logic that would apply here.
California has already lost this case before, and court precedent is clear, California doesn’t have a leg to stand on. The other issue is this, the undercover agents doing the recording are journalists delivering new information to the public and yet, no one in the media has come to their defense. Why not? Could it be that the media is driven by their liberal worldview and they don’t actually care about freedom of the press, if that press happens to be conservative? Sure seems that way.
“These bogus charges from Planned Parenthood’s political cronies are fake news,” said Daleiden in a statement to LifeSiteNews. “They tried the same collusion with corrupt officials in Houston, TX and both the charges and the DA were thrown out.”
“The public knows the real criminals are Planned Parenthood and their business partners like StemExpress and DV Biologics—currently being prosecuted in Orange County—who have harvested and sold aborted baby body parts for profit for years in direct violation of state and federal law. I look forward to showing the entire world what is on our yet-unreleased video tapes of Planned Parenthood’s criminal baby body parts enterprise.”
I wholeheartedly concur with Daleiden’s comments and i’ll add this note; Daleiden is a hero who deserves to be praised and California is a fascist state that should be avoided.