“I felt like they were going to get me, and so I am going to pick where I want to make my last stand,” Robert Lewis Dear Jr., who was arrested for the killing of three people November 27 at a Planned Parenthood clinic in Colorado Springs, said Wednesday in his first media interview. “And I picked Planned Parenthood because it’s murdering little babies.”
Dear told Denver’s CBS affiliate, KCNC-TV, that he believes the FBI has followed him for 22 years, and the ten agents who trailed him to the clinic on the morning of the shooting had informed police that he was armed.
No evidence has emerged that the FBI was tracking Dear, who faces 179 charges, including first-degree murder. A judge ordered Dear to undergo a mental competency exam after multiple outbursts during a court hearing.
Like This Story?
Your $10 tax-deductible contribution helps support our research, reporting, and analysis.
Pro-choice activists in the wake of the shooting have argued that extreme anti-choice rhetoric incited the shooter, and has contributed to the spike in clinic violence over the past year. Colorado Gov. John Hickenlooper has said that “inflammatory rhetoric” may drive “emotionally unstable or psychologically unbalanced” people to “commit these acts of unthinkable violence.”
On the same day Dear talked to KCNC-TV, Rachel Swasey, the wife of the police officer killed in the Planned Parenthood shooting, Garrett Swasey, was a guest at the Colorado state legislature’s opening day session.
“Our military members swear an oath to support and defend the Constitution, our law enforcement officers, our sheriffs swear an oath to support the Constitution,” he said. “In their jobs, they are willing to die for it. In our jobs, we must be willing to live for it.”
Cadman is one of many GOP lawmakers to push for investigations into Planned Parenthood after a series of heavily edited and widely discredit videos published by an anti-choice front group claimed the health-care organization violated fetal tissue laws.
“What we really want to pursue is making sure that taxpayer money doesn’t pay for abortion,” Cadman said when asked by Colorado Public Radio whether he’ll push to defund Planned Parenthood in 2016. “That’s the bottom line. And frankly that’s what our law provides and that’s the protection we want to ensure.”
The anti-choice Colorado Campaign for Life (CCL) is organizing a rally at the state capitol Saturday to mark the anniversary of the passage of the landmark Supreme Court decision Roe v. Wade and to object to efforts by Democrats to protect abortion rights.
CCL’s website features a graphic with Nazi and Planned Parenthood logos, comparing the nonprofit health-care organization to the Nazis.
Anti-choice organizers in both Colorado Springs and Denver have said they do not know the alleged Planned Parenthood shooter, and they have condemned his violent act, while also denouncing abortions performed at the clinic.
One year after David Daleiden and the Center for Medical Progress released the first of a series of videos targeting Planned Parenthood, there is still no evidence of wrongdoing by the reproductive health-care provider.
See more of our coverage on the anti-choice front group, the Center for Medical Progress here.
One year ago, David Daleiden released the first in a series of videos that he claimed proved Planned Parenthood employees were unlawfully profiting from fetal tissue donation and violating the federal “partial-birth abortion” ban. With the backing and counsel of Operation Rescue President Troy Newman and the help of a woman named Sandra Merritt, among others, Daleiden had created a front group called the Center for Medical Progress (CMP).
He then disguised CMP as a legitimate biomedical research organization—despite overwhelming evidence, including CMP’s own corporate documents, to the contrary—and used it to gain access to abortion clinics and private meetings. The organization released 11 videos by the end of 2015; in a year’s time, Daleiden and CMP had released a total of 14 videos. All have been debunked as deceptively edited and misleading.
In response to CMP’s videos, more than a dozen conservative governors launched investigations into or tried to defund Planned Parenthood affiliates in their states. States like Arkansas, Kansas, and Utah had their attempts to defund the reproductive health-care centers blocked by federal court order. The Obama administration also warned states that continuing to try and strip Medicaid funding to Planned Parenthood centers violated federal law, though that did not stop such efforts throughout the country.
Additionally, congressional Republicans began their own investigations and defunding efforts, holding at least five separate hearings and as many defunding votes. Planned Parenthood Federation of America (PPFA) President Cecile Richards provided hours of congressional testimony on the lawful fetal tissue donation option available to some Planned Parenthood patients. Other affiliates do not offer such donation programs at all.
Not a single investigation at either the state or federal level has produced evidence of any wrongdoing. Still, many continue today. To date, Congress alone has spent almost $790,000 on the matter.
Violence Against Clinics Escalated
Just weeks after CMP released its first video, there was an act of arson at a Planned Parenthood health center in Aurora, Illinois. The following month, and after the release of three more smear videos, a car fire broke out behind a locked gate at Planned Parenthood in New Orleans. Abortion clinic staff and doctors around the country reported a significant uptick in threats of violence as Daleiden and CMP released the videos in a slow drip.
That violence spiked in November 2015, when Robert Lewis Dear Jr. was arrested for opening fire at a Colorado Springs Planned Parenthood, a siege that left three dead. Dear told investigating officers his violence was “for the babies” because Planned Parenthood was “selling baby parts.” A Colorado court has so far deemed Dear incompetent to stand trial. Dear’s siege was not the last incident of clinic violence apparently inspired by Daleiden and CMP, but it has, to date, been the most lethal.
Dear’s next competency hearing is currently scheduled for Aug. 11.
A Lot of Lawsuits Got Filed
The tissue procurement company StemExpress and the National Abortion Federation (NAF) filed suits in July of last year. In January 2016, Planned Parenthood did the same, alleging that Daleiden and CMP had engaged in conspiracy and racketeering, among other things.
StemExpress Sued Daleiden and CMP
StemExpress, one company to whom Planned Parenthood was supposedly selling tissue, sued CMP, Daleiden, and Merritt in California state court. StemExpress asked the court for an injunction blocking CMP from releasing any more videos that were surreptitiously recorded at meetings the pair of anti-choice activists had with StemExpress staff. The complaint also included allegations of conspiracy, invasion of privacy, and conversion of property (based upon Daleiden’s taking confidential information from a former StemExpress employee, including accessing her StemExpress email account after she was no longer employed at the company).
Although it issued a temporary restraining order (TRO), the court ultimately declined to convert that into an injunction, citing First Amendment concerns that to do so would constitute prior restraint, or pre-publication censorship, on Daleiden and Merritt’s right to free speech. In other words, Daleiden and Merritt are free—at least under this court order—to continue releasing videos involving StemExpress employees while the suit proceeds.
The case is set for trial in January 2017.
National Abortion Federation Sued Daleiden and CMP
About the same time that CMP and Daleiden were battling StemExpress in court, NAF filed suit in federal court in San Francisco, alleging civil conspiracy, racketeering, fraud, and breach of contract, among other claims. Like StemExpress, NAF sought a temporary restraining order blocking any further release of the attack videos. Judge William Orrick issued the TRO and later, after a protracted discovery battle, converted it into a preliminary injunction. Thus, CMP is prohibited from publishing any videos of footage taken at NAF’s annual meetings, which Daleiden and Merritt infiltrated in 2014 and 2015, while the suit proceeds.
As they had in their battle with StemExpress, Daleiden and CMP claimed that prohibiting publication of the videos constituted a prior restraint on speech, in violation of the First Amendment. But unlike StemExpress, which was trying to prohibit the publication of videos detailing conversations that took place in a restaurant, NAF sought to prohibit publication of video footage secretly recorded at meetings. Judge Orrick found that Daleiden had waived his First Amendment rights when he signed a confidentiality agreement at those meetings promising not to disclose any information he gained at them.
And, as in other court battles, one of the preeminent claims Daleiden and his cohorts raised to excuse his tactics—creating a fake tissue procurement company, assuming false identities through the use of false identification cards, getting people drunk in order to elicit damaging statements from them, and signing confidentiality agreements with no intention of following them—was that Daleiden is an investigative journalist.
Judge Orrick condemned this argument in strong terms: “Defendants engaged in repeated instances of fraud, including the manufacture of fake documents, the creation and registration with the state of California of a fake company, and repeated false statements to a numerous NAF representatives and NAF members in order to infiltrate NAF and implement their Human Capital Project. The products of that Project—achieved in large part from the infiltration—thus far have not been pieces of journalistic integrity, but misleadingly edited videos and unfounded assertions (at least with respect to the NAF materials) of criminal misconduct. Defendants did not—as Daleiden repeatedly asserts—use widely accepted investigatory journalism techniques.”
In an amicus brief in the same lawsuit, submitted to the Ninth Circuit Court of Appeals in early June, 18 of the country’s leading journalists and journalism scholars noted that “by calling himself an ‘investigative journalist,’ Appellant David Daleiden does not make it so.”
“We believe that accepting Mr. Daleiden’s claim that he merely engaged in ‘standard undercover journalism techniques’ would be both wrong and damaging to the vital role that journalism serves in our society,” the journalists and scholars continued.
Daleiden and CMP have appealed the preliminary injunction order to the Ninth Circuit Court of Appeals, where the case currently sits pending a decision.
Planned Parenthood Sued Daleiden and CMP
Six months after StemExpress and NAF filed their lawsuits against the orchestrators of the smear campaign, PPFA filed a whopping one of its own in California federal court, alleging civil conspiracy, racketeering, fraud, trespass, and breach of contract, among other civil and criminal allegations. PPFA was joined by several affiliates—including Planned Parenthood of the Rocky Mountains, where Dear was arrested for opening fire in November.
Daleiden has asked the court to dismiss Planned Parenthood’s claims. The court has so far declined to do so.
David Daleiden and Sandra Merritt Were Indicted on Felony Charges
Daleiden and his allies have not fared well in the civil lawsuits filed against them. But both Daleiden and Merritt also have pending criminal cases. After an investigation into Planned Parenthood Gulf Coast sparked by Daleiden’s claims, a Texas grand jury declined to indict the health-care organization for any criminal conduct. The grand jury instead returned an indictment against Daleiden and Merritt on a felony charge of tampering with a governmental record, related to their use of false California driver’s licenses in order to gain entrance into the clinic. Daleiden was additionally charged with a misdemeanor count related to the purchase or sale of human organs.
In June, Harris County Criminal Court at Law Judge Diane Bull dismissed the misdemeanor charge. Daleiden and Merritt’s attorneys, who called the dismissal a victory for the anti-choice movement, are still trying to get the felony charged dismissed.
Darryl Glenn, an anti-choice Colorado Springs County Commissioner, defeated a pro-choice GOP rival and three other anti-choice Republicans in the race to take on pro-choice Sen. Michael Bennet in November.
In Colorado’s Republican senatorial primary Tuesday, Darryl Glenn, a conservative county commissioner from Colorado Springs, scored a decisive victory over Jack Graham, a former Colorado State University official, who stood out from the GOP field of five candidates for his atypical pro-choice stance.
Asked about the speech by conservative radio host Richard Randall, Glenn said, “Well, that wasn’t me. That was the Holy Spirit coming through, just speaking the truth.”
“Seriously?” replied the KVOR radio host.
“Absolutely,” Glenn replied on air. “This campaign has always been about honoring and serving God and stepping up and doing the right thing.”
Political observers say Glenn’s position on abortion, coupled with his other conservative stances and his promise never to compromise, spell trouble for him in November’s general election against Democratic Sen. Michael Bennet.
“Glenn’s stance on abortion isn’t necessarily disqualifying,” Jennifer Duffy, senior editor of the Cook Political Report, which offers non-partisan election analysis, in Washington D.C., told Rewire via email. “Colorado has sent pro-life Republicans to the Senate. But, the cumulative effect of all Glenn’s conservative positions on social, economic, and foreign policy, as well as his association with Tea Party-affiliated groups and his lack of funding make it very, very difficult to see a path to victory for him.”
Glenn’s ties to the right wing of the Republican Party drew criticism during the campaign from GOP Senate Majority Leader Mitch McConnell. He criticized Glenn for accepting the endorsement of the Senate Conservatives Fund, which gave Glenn $500,000.
“Darryl Glenn’s support for ‘personhood’ puts him on the wrong side of Colorado voters’ values, including many pro-choice Republicans and unaffiliated voters,” said Karen Middleton, executive director of NARAL Pro-Choice Colorado, in an email to Rewire. “Support for reproductive freedom crosses party lines in Colorado, as demonstrated by the landslide losses by three ‘personhood’ ballot measures. Glenn’s chances of beating pro-choice champion Michael Bennet were already slim. This puts it closer to none.”
Glenn did not immediately return a call for comment.
Gardner threw his support behind Glenn Wednesday, reportedly saying to Roll Call that Glenn has fundraising challenges ahead of him but that he’s “winning when nobody expected him to.” And that, Gardner was quoted as saying, “bodes well for November.”