Medical Progress

Center For Medical Progress

Brnovich Challenged An INJUNCTION Banning Anti-Abortion Center For Medical Progress From Releasing Videos From An Abortion Providers Conference

May 2016: Brnovich And 13 Other Attorneys General Challenged A Preliminary Injunction Banning The Central For Medical Progress From Releasing Video From National Abortion Federation Conferences. According to the Washington Times,” Arizona Attorney General Mark Brnovich's investigation into fetal-tissue sales has run into a large obstacle: a federal judge's preliminary injunction protecting the National Abortion Federation. The injunction, issued Feb. 5, bans the pro-life Center for Medical Progress from releasing video taken at two NAF conferences. But the order is creating headaches for Mr. Brnovich and 13 other attorneys general. They recently joined legal scholars and lawmakers in challenging the preliminary injunction, arguing that the order hampers their ability to carry out their law-enforcement function. In order to gain access to the video, the state must issue a subpoena and have it cleared by the NAF. That ‘sets a troubling precedent for future cases — that an association wishing to avoid law enforcement scrutiny can obtain an injunction restricting communications regarding potential wrongdoing,’ according to the brief filed by the 14 attorneys general.” [Washington Times, 5/4/16]

September 2017: Brnovich Filed An Amicus Brief Urging The Supreme Court To Allow The Release Of Videos Made By The Anti-Abortion Group Center For Medical Progress Taken At Meetings Of The National Abortion Federation. According to the Associated Press, “Republican attorneys general in 20 states urged the U.S. Supreme Court on Thursday to allow the release of videos made by an anti-abortion group whose leaders are facing felony charges in California for recording people without permission. The friend-of-the-court brief filed by Arizona Attorney General Mark Brnovich on behalf of the states says the justices should lift an order from the 9th U.S. Circuit Court of Appeals barring the release of the recordings. They were made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers. The Supreme Court has not yet decided if it will accept the appeal from the anti-abortion group and one of its leaders, David Daleiden. The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees illegally selling fetal tissue for profit. Planned Parenthood said the videos were deceptively edited to support false claims. The videos became a flashpoint in the American abortion debate when they were released in 2015 and increased congressional scrutiny of Planned Parenthood that has yet to subside.” [Associated Press, 9/7/17]

• Brnovich Said In His Filing That Preventing Release Of The National Abortion Federation Footage “Hampers Law Enforcement’s Ability To Effectively Receive Information And Investigate Possible Civil Or Criminal Wrongdoing.” According to the Associated Press, “According to the Associated Press, “Brnovich said in his filing that preventing release of the National Abortion Federation footage ‘hampers law enforcement's ability to effectively receive information and investigate possible civil or criminal wrongdoing.’ The appeals court noted in its March decision that a federal judge reviewed the videos and found no evidence of criminal wrongdoing. The court affirmed a ruling that said the Center for Medical Progress waived any First Amendment right to release the videos by signing confidentiality agreements with the federation that barred recordings of its meetings or the disclosure of any information obtained there.” [Associated Press, 9/7/17]
• Brnovich Said Attorneys General Often Receive Tips From Whistleblowers And Victims And Upholding A Confidentiality Agreement In Such Cases Would Chill Investigations. According to the Associated Press, “Brnovich said attorneys general often receive tips from whistleblowers and victims and upholding a confidentiality agreement in such cases would chill investigations. Daleiden and another leader of the group, Sandra Merritt, are facing felony charges filed by California's Democratic attorney general. Daleiden pleaded not guilty. His attorneys say the recordings were made in public places and uncovered illegal abortion practices. A federal judge last month fined Daleiden and two of his attorneys nearly $200,000 after videos the judge had barred from release appeared on the attorneys' website. The other states joining Brnovich's brief are Alabama, Arkansas, Georgia, Indiana, Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia and Wisconsin.” [Associated Press, 9/7/17]