Attorney General has “Probable Cause” of Over Ninety Felonies and Misdemeanor Crimes
Topeka, KS — Deputy Attorney General Eric Rucker made oral arguments Thursday before the Kansas Supreme Court on behalf of Attorney General Phill Kline. The case before the court centers on whether or not police agencies can obtain medical records held by abortion clinics when such records may provide evidence in criminal investigations.
Ninety medical records had been subpoenaed by the Attorney General’s office in investigations of statutory rape and illegal late-term abortions. However, during oral arguments Rucker admitted that his office is also actively investigating Kansas abortionists. Rucker argued there is “probable cause that felony and misdemeanor crimes have been committed [by the abortion clinics] in each of the ninety [medical] records” requested by the attorney general’s office.
Attorney General Kline subpoenaed the records from two abortion mills in Kansas earlier this year. The two abortion mills, Planned Parenthood of Kansas and Mid-Missouri and George Tiller’s Women’s Health Care Services, have used a series of legal maneuvers to block the AG’s investigation into criminal activity at their abortion clinics.
The abortion providers are considered by investigators to be both witnesses to crimes as well as suspects. OR President, Troy Newman said, “The abortion mills want to police themselves. They insist upon being completely autonomous and having no oversight. It is like putting the fox in charge of guarding the hen house.”
Wichita attorney Lee Thompson, who describes himself as a “pro-choice Republican,” was visibly angry and disrespectful to the court as he made arguments for the abortion providers, according to witnesses in the courtroom. Thompson argued for a unilateral “physician-patient privilege” which, according to Thompson, would prohibit the AG’s criminal investigation from ever accessing the files and prevent any prosecution of abortionists for wrong-doing.
Thompson argued that under Kansas law only the abortionist can determine viability, gestational age, and health of the mother. He indicated to the court that law enforcement is unqualified and prohibited to make legal judgments regarding these issues as they may apply to Kansas criminal codes, and that records should not be released to investigators in the interest of protecting patient privacy.
Newman added, “The abortionists are hiding behind Roe v. Wade and the so-called right to privacy as if it gives them the ‘right’ to fragrantly break the law. This begs the question: are they protecting their privacy or their guilt?”
Chief Justice Kay McFarland slept through most of the hearing. “Her head bobbed and her eyes were shut tight,” said Troy Newman who attended the oral arguments. “Clearly the Chief Justice was more interested in cat-napping than listening to the Deputy Attorney General’s arguments concerning his investigation of multiple felonies.” “Outside the court room an inscription on the wall reads, ‘Within these walls the balance of justice weighs equal,’” said Newman. “But McFarland had a hard time balancing her head on her shoulders. One has to wonder how she can rule justly when she was obviously unaware of what was happening in her courtroom.”
Another Justice, Carol A. Beier, was conspicuously antagonistic toward the Deputy Attorney General’s arguments and left little doubt she favored abortion on demand.
This case generated controversy last week when Operation Rescue photographed hundreds of documents being shredded at Women’s Health Care Services, just days before Thursday’s Supreme Court hearing concerning disputed documents from that abortion mill. OR held a press conference prior to the hearings, displaying the photos and calling for an investigation into possible obstruction of justice charges.
The Kansas Supreme Court is expected to make a ruling sometime in late October.
“In the meantime,” said Newman, “pedophiles run free, Kansas girls continue to be victimized, and abortionists like Tiller remain above the law.”
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