Pro-life investigative journalist David Daleiden of the Center for Medical Progress (CMP) has filed a response to a request from the California Attorney General to exclude certain evidence from Daleiden’s upcoming trial regarding his undercover journalism. In 2015, Daleiden began releasing recordings CMP made of conversations with Planned Parenthood and other abortion-related businesses about the harvesting and sales of body parts of aborted children. The evidence the Attorney General wishes to exclude from the trial is testimony from a former judge and attorney general who declared that after a criminal investigation following accusations of criminal conduct against “Planned Parenthood of Orange San Bernardino Counties together with Da Vinci Biosciences, LLC, and DV Biologics, LLC,” his office “found evidence of infanticide, of partial birth abortion, of felony battery, and of the illegal sales of fetal tissues and organs.”
Daleiden’s attorneys argue that excluding this testimony impedes his ability to defend himself. It appears the evidence would establish that Daleiden’s recordings were done within the law of California, specifically PC Section 633.5, which ensures undercover recordings are legally permissible if they are intended to reveal evidence of violent criminal activity.
The testimony is from five-term former Orange County District Attorney and former Superior Court judge Tony Rackauckas. Due to the findings of the investigation, Rackauckas’ office took civil action against the Da Vinci companies, who admitted to selling organs and tissue from aborted children — and closed their businesses.
“Our investigation found overwhelming evidence of illegal trafficking in fetal organs and tissues by Da Vinci Biosciences and DV Biologics,” wrote Rackauckas in his declaration. “My office brought a civil action against Da Vinci and DV. That action led to an admission of guilt by these companies, a $7,800,000 settlement, and the dissolution of these purveyors of fetal organs.”
This evidence seems to establish that Daleiden’s actions to record Planned Parenthood and other abortion-related businesses were carried out legally and exposed the abortion industry’s potentially illegal behaviors. Attempting to hide Rackauckas’ testimony further shows that when Kamala Harris, then the Attorney General of California, targeted Daleiden, she was abusing her power to punish him for pulling back the curtain on her friends at Planned Parenthood.
Daleiden’s attorney’s noted in the filed response that “while a trial court has great latitude in limiting testimony at trial, it does not extend to limiting witnesses and attorneys’ descriptions of relevant evidence by issuing a gag order designed to prevent witnesses and attorneys from truthfully presenting evidence.”
The response later notes, “Mr. Rackauckas declares that Mr. Daleiden provided him with evidence of violent crimes [which resulted in the shutdown of the aforementioned businesses]…. The AG has denied that Mr. Daleiden found or reasonably believed that he would find evidence of violent crimes…. The AG castigates Mr. Daleiden as an agent provocateur who sought only to damage Planned Parenthood. Mr. Rackaukas[‘] testimony would be extremely relevant to Mr. Daleiden’s credibility and character concerning his search for violent crimes. In addition, there is probably no greater expert on what constitutes evidence of all crimes than the five term District Attorney of Orange County, Tony Rackaukas.”
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