Instead of pursuing a campaign to recall Rep. JoAnn Windholz (R-Commerce City), a Colorado legislator who accused Planned Parenthood of being the “true instigator” of November’s deadly shooting at a Colorado Springs clinic, pro-choice activists have decided to press her to resign from office.
Organizers launched a potential recall effort days after Windholz’s controversial statement, raising $5,500, most of which will now be given to victims of the Colorado Springs shooting, organizer Steve Cohn told the Colorado Independent, a progressive news site.
“Violence is never the answer, but we must start pointing out who is the real culprit,” Windholz wrote on her Facebook page, as first reported by the Colorado Independent three days after the November 27 shooting that left three dead. “The true instigator of this violence and all violence at any Planned Parenthood facility is Planned Parenthood themselves. Violence begets violence. So Planned Parenthood: YOU STOP THE VIOLENCE INSIDE YOUR WALLS,” Windholz wrote.
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About a dozen people, including Cohn, delivered 63,000 signatures, gathered online, to the Colorado capitol Tuesday calling on Windholz to resign from the state legislature, according to the Independent.
Cohn told the Independent that his group wants “to make sure that everyone who goes to the ballot box in November knows what Windholz said.”
“We’re no longer focused on recalling her,” Cohn said, referring to the process by which voters can call for another election in hopes of removing an elected official from office before her term ends. “We’re making sure her abhorrent words stay in the news until November.”
Windholz denied pinning blame on the health-care organization in the aftermath of the Colorado Springs killings—part of a wave of clinic violence over the past year.
“I never once blamed the victims, and as a supporter of life I am deeply saddened by the loss of any life,” Windholz said in a statement reported in the Denver Post Tuesday. “I will continue to support life and the values of my constituents.”
Windholz has removed her anti-Planned Parenthood post from her Facebook page.
Windholz is finishing her first term in the state legislature, having won her seat in 2014 by 106 votes. Democrats hold a three-seat majority in Colorado’s house. Two Democrats are in a primary race to replace Windholz.
Another Colorado Republican state lawmaker, Rep. Gordon Klingenschmitt, said after the Colorado Springs shooting that Planned Parenthood executives have the “same demonic spirit of murder” as the accused shooter, Robert Lewis Dear Jr.
Thousands of anti-choice protesters marched in Denver January 16 to mark the 43rd anniversary of Roe v. Wade. Speakers at the rally denounced Planned Parenthood and vowed to step up their efforts to pass anti-choice legislation in Colorado, which has a pro-choice Democratic governor.
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.
Though Misty Snow's win may be historic for LGBTQ equality, she has previously noted that it was not the reason she is running for office."I'm not running because I'm transgender. I just happen to be transgender," the Utah candidate said.
Voters in Utah and Colorado made history Tuesday after nominating Democrats Misty Snow and Misty Plowright to run for Congress in their respective states—making them the first openly transgender women to win a major party’s congressional primary nomination.
Misty Snow, according to the bio listed on her campaign’s website, is a 30-year-old grocery store cashier from Salt Lake County, Utah, “concerned by the degree of income inequality in this country: particularly how it disproportionately impacts women, people of color, and the LGBT community.” Among the many issues prioritized on her website are paid maternity leave, a $15 minimum wage, and anti-choice regulations that “restrict a woman’s right to having a safe and legal abortion as well as any attempts to undermine a woman’s access to important health services.”
Though her win may be historic for LGBTQ equality, she has previously noted that it was not the reason she is running for office. “I’m not running because I’m transgender. I just happen to be transgender,” she told the Salt Lake Tribune in May. In later statement to the publication, however, Snow acknowledged that “a lot of people have told me whether I win or lose, I’m already making a difference just by running.”
Snow ran opposite Democrat Jonathan Swinton in Utah, having filed to run for office just before the March 17 deadline. Snow decided to run after Swinton, who was running for the Democratic ticket unopposed, penned an op-ed in September arguing that Planned Parenthood should be investigated—though the government should not be shut down over it. After reading the op-ed and thinking it over for several months, Snow told the Tribune she began to think the people of Colorado deserved a more liberal option and thought, “Why not me?”
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Snow’s win means she will move on to run against incumbent conservative Sen. Mike Lee. As previously reported by Rewire, Lee is stringently anti-abortion and has consistently pushed measures “attempting to limit access to or outright ban abortion.”
Misty Plowright, who is running to represent Colorado’s 5th congressional district, describes herself as an “Army veteran, a self-educated woman, a member of the LGBTQ+ community, and a passionate social democrat,” according to her campaign’s website. An IT worker from Colorado Springs, Plowright billed herself as the “anti-politician” during an interview with the Colorado Springs Gazette, and is running on a platform that includes campaign finance reform and defending voting rights.
Plowright will now challenge incumbent Rep. Doug Lamborn (R) for his seat in the House.
Plowright congratulated Snow in her win in a Wednesday post to her campaign’s Facebook page. “Congratulations from #TeamMisty to another progressive candidate in Utah, Misty K Snow,” wrote Plowright’s campaign. “Both women made history last night by winning their Democratic Primary.”
As Slate reported, though the candidates may have both won their primary races, “Snow and Plowright face uphill battles in the coming months”:
Despite a Gallup survey from March 2015 that calculated Salt Lake City’s LGBTQ population as the seventh-highest in the nation, Lee leads Snow 51 percent to 37 percent among likely general election voters according to a poll commissioned by the Salt Lake Tribune and the Hinckley Institute of Politics in early June. And Lamborn, who has represented Colorado’s heavily conservative fifth district since 2007, took nearly 60 percent of the vote in his most recent reelection fight.