Was the CA Attorney General Raid of a Pro-Life Journalist’s Home Criminal? Maybe So.
Pro-lifers are outraged at a raid on the California home of videographer David Daleiden, who is already being prosecuted separately in Texas for filming undercover videos of Planned Parenthood employees discussing trafficking in fetal baby parts. Under the direction of California Attorney General Kamala Harris, law enforcement agents seized unreleased footage Daleiden had in his home on April 5. According to Daleiden, “they took everything,” including a laptop and multiple hard drives, and even attempted to take his phone as he was speaking to his attorneys.
The search warrant was for materials related to the video footage of Dr. Deb Nucatola, Planned Parenthood Federation of America’s senior director of medical services, and Dr. Mary Gatter, president of PPFA’s medical directors counsel. Daleiden was indicted by a Texas jury for using fake IDs related to his undercover videos, and is also facing a civil suit by Planned Parenthood.
Like the Texas DA, instead of prosecuting Planned Parenthood for the practice of illegally profiting from selling baby parts, Harris went after Daleiden. Harris has received tens of thousands of dollars from Planned Parenthood and other abortion groups, and has a petition on her campaign website to defend Planned Parenthood — a clear conflict of interest that any first year law school student could recognize. California conflict of interest law prohibits public officials from taking actions for personal financial gain. Additionally, many believe she used the high-profile raid to bolster her Senate campaign.
The raid suggests just how frightened the pro-abortion lobby is of the videos: With the help of complicit government officials, they would invade a journalist’s home to prevent him from releasing more incriminating videos. The pro-abortion lobby is urging other prosecutors, including U.S. Attorney General Loretta Lynch, to file charges too.
Matt Heffron, an Omaha-based former federal prosecutor and Thomas More Society special counsel on Daleiden’s defense team, denounced the raid in a statement:
Harris’ campaign site makes it clear that the state’s top law enforcer is a political ally of Planned Parenthood. To storm into a private citizen’s home with a search warrant is outrageously out of proportion for the type of crime alleged. It’s a discredit to law enforcement and an oppressive abuse of government power. Not only does the raid and seizure upon Daleiden appear to be politically motivated, it is apparently seeking grounds for bringing new California criminal charges.
Penny Nance, president and CEO of Concerned Women for America, agreed crimes were committed, saying Harris “is engaged in the highest level of corruption and abuse of power.”
One way to deal with the raid would be to launch a congressional investigation. The State Bar of California could also look into Harris’s actions. Pro-life organizations are calling for her to resign and drop her bid for the U.S. Senate due to abuse of power and conflicts of interest. Under California law, she could be prosecuted for abuse of process. Generally prosecutors only have immunity if they were acting within the scope of their powers.
Harris could also be prosecuted under conflict of interest laws. A public officer who is found guilty of willfully committing a conflict of interest can be punished by a fine of not more than $1,000 or imprisonment in state prison, and prohibited from ever holding an office in the state again.
Additionally, Daleiden could file a civil action against her and recover compensatory and punitive damages. However, under California law, she is probably immune from a malicious prosecution claim. She could also be sued in federal court under the civil rights law §1983. Since there is little chance Obama’s Department of Justice will sue her, Daleiden could file the §1983 suit himself.
Like most politically targeted legal attacks, this will probably not be stopped in a court of law, but outside of the system. What prosecutor or judge in California would dare to cross Harris, who Obama once called “the best looking attorney general”? It will take pro-life groups and elected officials to beat this.