David and Goliath: The Center for Medical Progress’ David Daleiden Keeps Fighting the Abortion Giant

By Nancy Flory Published on April 5, 2019

David Daleiden is up against abortion giants in a lawsuit designed to silence him and keep “damning” videos from us. Yet, he’s still picking up stones.

As an investigative journalist, The Center for Medical Progress’ Daleiden has brought us video proof of Planned Parenthood’s illegal selling of baby body parts. We’ve watched as Planned Parenthood abortionists and their affiliates haggled over the prices of hearts, livers and kidneys of precious, tiny babies.

Important Facts:

David Daleiden and CMP filed three motions Wednesday: an anti-SLAPP Motion to Strike, a Motion to Dismiss, and a Motion to Dissolve the preliminary injunction against the unseen undercover videos.

The anti-SLAPP motion means NAF cannot use a lawsuit to keep Daleiden from using his First Amendment rights. A matter of public interest must be established and NAF must show probability of prevailing in court.

The Motion to Dismiss is for lack of jurisdiction and failure to state a claim. Daleiden points out that the case has no more diversity and must be handed over to a California state court. (A case has diversity when the parties are from different states. In this case, the remaining parties are from the same state — California.) As such, the federal court doesn’t have jurisdiction any longer. 

In addition, he says that the claims are not properly stated. For example, the Simple Conspiracy charge fails because a defendant cannot conspire with himself, as NAF has incorrectly claimed.

The Motion to Dissolve the preliminary injunction is to get rid of the gag order on the remaining CMP undercover videos. During the course of the federal case, the NAF tried to secure a criminal prosecution against Daleiden for illegal taping. The gag order was issued in federal court but the criminal court necessarily demands that the videos are shown. Daleiden is currently bound by contradictory orders.

The next hearing for the criminal case is September 14 in California’s 9th Circuit Court. It is open to the public.

He’s thrown back the covers on the abortion giant’s seedy business of making a profit off of pieces of children. His brilliant investigative journalism has led to the successful prosecution of some of Planned Parenthood’s cronies. And yet he’s being charged with illegal taping of the atrocities by California’s District Attorney.

Daleiden has recently filed three motions to throw out the federal lawsuit and preliminary gag order on remaining video footage. He says it’s the most damning footage yet.

Silencing the Press

You want to talk about silencing the press? Just look at this case. This investigative journalist has video proof — proof! — of Planned Parenthood’s most heinous acts ever. But California politicians, the abortion industry and even the judge in the federal case are withholding them from us. 

Not to mention the media. While the media salivates over the Omarosa tapes, here’s one guy who has proof positive that Planned Parenthood and the National Abortion Federation kill babies for profit — and not one person from the mainstream media will talk about it. 

Not only does the federal judge — Judge Orrick III — want to silence Daleiden by a preliminary gag order prohibiting the release of the damning videos, he’s actually a pro-abortion judge who helped found an abortion clinic in San Francisco. His roots in the abortion industry run deep. Daleiden has filed a motion for his recusal. It’s only right.

Daleiden and CMP released a statement about the lawsuits Thursday:

“Three years ago, Planned Parenthood’s abortion doctors with the National Abortion Federation stormed into federal court demanding a gag order over the most damning undercover footage. Now they have largely retreated, dropping all of their federal claims and allegations of unlawful video recording, leaving only a simple contract dispute between fellow Californians. Since the gag order was issued, two Congressional investigations, a successful case against Planned Parenthood’s business partners in southern California, and the ongoing U.S. Department of Justice investigation prove that CMP’s videos are accurate and Judge Orrick’s reasons for placing the gag order were false. This case should be thrown out of federal court, and the censored undercover videos must be released.”

Optimistic Moving Forward

Attorney Chuck LiMandri from Freedom of Conscience Defense Fund is one of the attorneys representing Daleiden and CMP. He said they’re “optimistic” moving forward in the case. “We know that we’re right on the law. … Ultimately, we know that this is a case where, if it proceeds, it should go before a jury and we feel confident that if we get this lawsuit put before a jury, with all of the underlying facts regarding the barbaric practices of Planned Parenthood and their cronies with NAF, that the jury will see what great service that David has done in bringing these videos to light. So, in that sense, we’re optimistic.”

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If the gag order is removed, the video footage will be released. According to Daleiden, we can expect a “solid dozen” videos of evidence against Planned Parenthood and their affiliates participating in atrocious acts against babies. The baby body part trafficking has got to stop. One way to do that is to educate the public about what is really happening in abortion clinics across the U.S. 

Release the videos!

Update: Peter Breen, Vice President and Senior Counsel from the Thomas More Society and Daleiden’s attorney in this case, made a statement following the court hearing on Monday:

The United States Supreme Court has decided not to review a decision of the Ninth Circuit Federal Court of Appeals in the Planned Parenthood attack lawsuit against undercover journalist David Daleiden. While we would, of course, have preferred that the high court reexamine the motion to dismiss the abortion giant’s lawsuit, we are prepared to carry on in the battle to protect our client’s First Amendment rights.

We had asked the Supreme Court to apply California’s Anti-SLAPP statute to dismiss the discriminatory suit against Mr. Daleiden. He is being persecuted and prosecuted by the abortion industry because of his investigative reporting that exposed Planned Parenthood’s involvement in the grisly trafficking of aborted babies’ body parts.

The California statute gives defendants like Mr. Daleiden the ability to quickly end Strategic Lawsuits Against Public Participation, known as SLAPP lawsuits, and should have been applied in this circumstance.

Despite repeated attempts at intimidation and mounting legal costs, we will continue to fight alongside of Mr. Daleiden, even as Planned Parenthood attempts to prevent him from disseminating truthful evidences of their egregious wrongdoing.

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