Planned Parenthood 2015 undercover videos controversy: Difference between revisions

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=== Court orders ===
=== Court orders ===


On July 31, the [[National Abortion Federation]] sued CMP and Daleiden;<ref name="probes" /> to avoid [[self-incrimination]], the defendants plan to plead the [[Fifth Amendment to the United States Constitution#Self-incrimination|Fifth Amendment]].<ref name="Manzoeillo" /><ref name="Law360" /> A Los Angeles judge placed a temporary restraining order on the release of further videos of employees of StemExpress, one company which Planned Parenthood does business with, based on California's anti-wiretapping law.<ref name="LAcourt" /><ref name="court" /><ref name="order" /> The order also prohibited the group from disclosing names or addresses of National Abortion Federation members, or dates and locations of future meetings.<ref name="LAT_judge_halts" /> The restraining order has since been lifted, allowing release of more videos.<ref name="Scott" /> A hearing will be held on August 27, 2015.<ref name="extends" />
On July 31, the [[National Abortion Federation]] sued CMP and Daleiden;<ref name="probes" /> to avoid [[self-incrimination]]. A Los Angeles judge placed a temporary restraining order on the release of further videos of employees of StemExpress, one company which Planned Parenthood does business with, based on California's anti-wiretapping law.<ref name="LAcourt" /><ref name="court" /><ref name="order" /> The order also prohibited the group from disclosing names or addresses of National Abortion Federation members, or dates and locations of future meetings.<ref name="LAT_judge_halts" /> The restraining order has since been lifted, allowing release of more videos.<ref name="Scott" /> A hearing will be held on August 27, 2015.<ref name="extends" />


CMP says that they follow "all applicable laws."<ref name="Bassett" /> Daleiden has stated that in the suppressed video the "top leadership" of StemExpress "admitted that they sometimes get fully intact fetuses shipped to their laboratory from the abortion clinics that they work with and that could be ''[[prima facie]]'' evidence of born-alive infants."<ref name="6cnn" /> StemExpress has denied Daleiden's "intact fetuses" claims:
CMP says that they follow "all applicable laws."<ref name="Bassett" /> Daleiden has stated that in the suppressed video the "top leadership" of StemExpress "admitted that they sometimes get fully intact fetuses shipped to their laboratory from the abortion clinics that they work with and that could be ''[[prima facie]]'' evidence of born-alive infants."<ref name="6cnn" /> StemExpress has denied Daleiden's "intact fetuses" claims:

Revision as of 16:38, 25 September 2015

In 2015 the anti-abortion organization The Center for Medical Progress (CMP) released a number of edited videos, which had been secretly recorded by actors hired by CMP. In the videos, the actors - who were posing as representatives of a fake biotechnology company - discussed acquiring tissues from aborted fetuses with officials for Planned Parenthood, a non-profit organization that provides reproductive health services throughout the United States.[1][2][3][4][5]

CMP founder David Daleiden alleged that the videos provided evidence of a "criminal conspiracy to make money off of aborted baby parts reach[ing] to the very highest levels" of Planned Parenthood.[2] Planned Parenthood condemned CMP's allegations as false, and stated that the videos had been deceptively edited. According to Planned Parenthood's spokespeople, all of the organization's tissue donations are made "with full, appropriate consent from patients and under the highest ethical and legal standards," and there is "no financial benefit" from these donations, "either the patient or for Planned Parenthood".[1][2]

The videos and CMP's allegations attracted widespread media coverage and caused widespread protests,[6][7][8] re-invigorating the long-running political debate over abortion in the United States.[9] In response to the controversy, Congressional lawmakers considered several bills to defund Planned Parenthood, none of which have become law.[10][11][12][13] Several states elected to cut contracts and funding for Planned Parenthood.[14][15][16]

CMP's videos

The CMP videos consisted of portions of secretly recorded, hours-long conversations between actors hired by the CMP and Planned Parenthood staff. The actors posed as representatives of a non-existent company called Biomax Procurement Services, presenting themselves as potential buyers of fetal tissue and organs.[9] CMP claims that it has "hundreds if not thousands of hours of recordings."[17]

The videos were made over a period of 30 months, and have been released at a pace of about one a week.[18] The purpose has been to increase exposure, including media coverage, and to allow the public more time to consume and react to each video.[18] Americans United for Life began working with CMP beginning in January 2015, providing them with advice.[18]

In the first video there is discussion concerning fetal hearts, lungs and livers and efforts to retrieve these organs intact during abortion procedures.[2] She also gave a range of cost estimates for procuring fetal organs.[19] In the second video much of the conversation focused on how much money the buyers should pay. At one point the officials appeared to suggest that abortion procedures could be modified in order to preserve fetal organs and tissue.[20]

The third video features an interview with a StemExpress employee who states an "incentive to try and get the hard stuff ‘cause you’re going to get more money."[21] In the fourth video a Planned Parenthood official worries that what the undercover activists are suggesting will be perceived as "selling fetal parts across states."[22] An unnamed medical assistant in the video, while examining a sample is quoted as saying "it's another boy!"[23][24]

The fifth video shows activists posing leading questions and devoting nearly one-third of the video to what The Guardian describes as a "stomach-churning sequence of anti-abortion activists picking through a bowl of fetal tissue."[5] The videos include graphic footage of a technician picking through the remains of an aborted fetus looking for specific organs and body parts.[21][25] Dawn Laguens, executive vice president of the Planned Parenthood Federation of America, described the actions as "an extremely offensive intrusion and lack of respect for women, with footage of medical tissue in a lab," and said the video showed no evidence of wrongdoing on the part of Planned Parenthood.[4] The video includes an image of a stillborn fetus, published in the Daily Mail in January 2014, used without the permission of the woman in the photo, and in a way that falsely suggests that the stillborn was aborted.[26]

Financial aspects

The CMP presents the videos as evidence of Planned Parenthood engaging in the illegal sale of fetal tissue and organs,[9] and their dummy corporation Biomax offered one clinic US$1,600 for liver and thymus tissue, but the affiliate declined the offer.[27][28] The New York Times has characterized the offer as an attempt to "trap the affiliate in the act of accepting a high payment for fetal tissue".[27]

In the unedited version of the first video, PPFA staff repeatedly state that the organization makes no money from tissue donations, and that the US$30–100 charge only covers procurement costs.[9] PPFA have said they may donate fetal tissue at the request of a patient, but such tissue is never sold.[9][29] At one point in the video a PPFA staffer states "nobody should be 'selling' tissue," and "that's just not the goal here."[30]

The fifth video shows Abby Johnson, a former Planned Parenthood clinic director and current pro-life activist,[31] stating that sale of fetal tissue and organs made her branch about US$120,000 a month.[32] Daleiden has also alleged that "Planned Parenthood illegally uses partial-birth abortions 'to harvest higher quality fetal organs for sale.'"[32] In the same video, an official says that doctors can "get creative" and obtain more intact fetal organs and tissue in order to contribute to the "diversification of the revenue stream",[25] with the addition that "if we alter our process, and we are able to obtain intact fetal cadavers, then we can make it part of the budget."[33]

Sherilyn J. Sawyer, the director of Harvard University and Brigham and Women’s Hospital’s biorepository told FactCheck.org that "there’s no way there’s a profit at that price"–writing that non-profit hospitals provide adult "tissue blocks from surgical procedures" at around US$100–500 per block, and notes that "US$30–100 is completely reasonable and normal fee."[30] Jim Vaught, president of the International Society for Biological and Environmental Repositories said that "US$30–100 per sample is a reasonable charge for clinical operations to recover their costs for providing tissue."[30] Carolyn Compton, the chief medical and science officer of Arizona State University’s National Biomarkers Development Alliance said this was "a modest price tag for cost recovery."[30]

Alleged variation in abortion procedures

The CMP alleges that the videos show Planned Parenthood officials offering to make adjustments in the techniques used in abortions in order to acquire more intact fetal tissues and organs.[22] Federal law prohibits using different procedures to obtain human tissue for medical research,[33][34] as well as for delivering intact fetuses.[33] Planned Parenthood spokespeople have responded to CMP's allegations by stating that the organization follows "all laws - period," and that accusations made in CMP's videos "are false."[22][35]

Art Caplan, a professor of bioethics at New York University, has said that in abortion "the primary goal is to give the safest abortion possible. Your sole concern has to be the mother and her health."[36] He added that that it is "ethically very dangerous" to "put the mom’s health secondary."[37]

Alleged lack of consent from donors

In the sixth video, Holly O’Donnell, a pro-life former StemExpress technician, says that she was told by her superiors to encourage women seeking abortions to sign the consent forms, and that even when women refused to sign the fetal organs and tissues were sometimes taken anyway.[35][38] In the unedited first video, representatives claim the donations are only made with the patient's consent.[9] StemExpress has "unequivocally" denied O'Donnell's allegation, stating that the video is "deceptively edited and falsely worded to suggest impropriety or illegality where none exists.”[35] Eric Ferrero, vice president of communication for the Planned Parenthood Federation of America, noted that O'Donnell "has never worked for Planned Parenthood," and called her claims "false and outrageous."[35]

Reception

The New England Journal of Medicine (NEJM) published an editorial in support of Planned Parenthood's "efforts to channel fetal tissue into important medical research". The editorial argued that many medical advances would not have been made without fetal tissue research and that "Planned Parenthood, its physicians, and the researchers who do this work should be praised, not damned." The NEJM described CMP's actions as a "campaign of misinformation" and said that it is shameful that CMP "continues to twist the facts to achieve its ends." In addition, the NEJM praised Planned Parenthood's contributions to women's health care and stated that the "contraception services that Planned Parenthood delivers may be the single greatest effort to prevent the unwanted pregnancies that result in abortions."[39]

The editorial board of the New York Times described CMP's actions as a "campaign of deception against Planned Parenthood", and wrote that the "video campaign is a dishonest attempt to make legal, voluntary and potentially lifesaving tissue donations appear nefarious and illegal."[27] Supporters of Planned Parenthood have complained that the videos were "highly edited",[3][4] although the Center for Medical Progress has released unedited videos along with the much shorter edited versions.[27][36][37][40] Defending the release of the videos in the Washington Post, columnist Charles Krauthammer said "these revelations will have an effect on public perceptions . . . by throwing open the door to the backroom where (the developing infant in utero) is destroyed."[41]

Cecile Richards, the president of Planned Parenthood, "personally apologize[d] for the staff member's tone and statements," saying the videos were "unacceptable."[42] Dawn Laguens, executive vice president of PPFA, stated: "The latest [fifth] tape has at least 20 substantial and unexplained edits. Previous tapes released by this extremist group were "heavily edited" in order to distort what was actually said. These videos are intended to shock and deceive the public."[4] In a letter to a Congressional committee, PPFA wrote: "A group of extremists who have intimidated women and doctors for years — in their agenda to ban abortion completely — are not 'documenting' misdeeds; they are trying to create them, quite unsuccessfully."[9]

In response to Planned Parenthood, CMP stated that "we look forward to showing the public more clear evidence that Planned Parenthood routinely profits from the sale of baby parts and changes the abortion procedures it uses on pregnant women in order to do so."[29]

Investigations

Responding to the videos and to CMP's claims, three different congressional committees, as well as officials in a number of states launched investigations into Planned Parenthood's tissue collection activities.[2][43] One Congressional committee has asked to interview the filmed representatives to see if the statements made in the videos are consistent with existing federal law.[44]

On July 30, 2015, Indiana Governor Mike Pence announced that the state's investigation did not find any evidence of wrongdoing in Planned Parenthood's handling of fetal tissue.[45] In Massachusetts, where there is no fetal tissue and organ donation program, Attorney General Maura Healey found that aborted fetuses are disposed of properly in a report that "voiced strong support for" Planned Parenthood.[46] In Florida, investigators from the Agency for Health Care Administration found on July 31, 2015 that three Planned Parenthood clinics were performing second-trimester abortions without the proper licenses, and that one clinic was failing to keep proper logs relating to fetal remains. Planned Parenthood rejected the findings.[47]

Texas Governor Greg Abbott announced an investigation into practices in Texas, and said that the state would "expand its investigation" after the release of the second video,[37] and Missouri Attorney General Chris Koster announced that his office would investigate Planned Parenthood for any potential wrongdoing at its clinics in that state.[37] Investigations have also been launched in Ohio, Kansas, Georgia, South Carolina, Mississippi, and Louisiana, with calls for the Justice Department to investigate as well.[48]

At the local level, the Harris County district attorney launched a criminal investigation in conjunction with the Texas Rangers and the Houston Police Department after the fifth video was released showing a Planned Parenthood executive in that city.[49]

California Attorney General Kamala D. Harris has announced an investigation into the Center for Medical Progress' practice of undercover recording.[17]

At this time (August 17, 2015), officials in Georgia, Indiana, Massachusetts, South Dakota, and Kansas have investigated and failed to find any evidence of Planned Parenthood clinics breaking any state laws concerning the collection of fetal tissues.[50] The state of Pennsylvania has also cleared Planned Parenthood of any wrongdoing.[51]

Court orders

On July 31, the National Abortion Federation sued CMP and Daleiden;[3] to avoid self-incrimination. A Los Angeles judge placed a temporary restraining order on the release of further videos of employees of StemExpress, one company which Planned Parenthood does business with, based on California's anti-wiretapping law.[52][53][54] The order also prohibited the group from disclosing names or addresses of National Abortion Federation members, or dates and locations of future meetings.[17] The restraining order has since been lifted, allowing release of more videos.[55] A hearing will be held on August 27, 2015.[56]

CMP says that they follow "all applicable laws."[29] Daleiden has stated that in the suppressed video the "top leadership" of StemExpress "admitted that they sometimes get fully intact fetuses shipped to their laboratory from the abortion clinics that they work with and that could be prima facie evidence of born-alive infants."[38] StemExpress has denied Daleiden's "intact fetuses" claims:

"CMP's accusations that this conversation somehow refers to 'intact fetuses,' which were never mentioned at any point during the entirety of the illegally recorded conversation, are false. StemExpress has never requested, received or provided to a researcher an 'intact fetus.' CMP and (organization head David) Daleiden's claims to the contrary are unequivocally false."[55]

StemExpress CEO Cate Dyer explained the discrepancy as a misuse of terms by CMP operatives:

"As anyone can see and read, the entire discussion was, in fact, about 'intact livers,'... My use of the term 'intact cases' is a medical term of art that refers solely to 'intact livers,' as there was absolutely no mention of 'intact fetuses' at any point in over two hours of illegally recorded video."[57]

StemExpress has severed ties with Planned Parenthood as a result of the controversy. They stated that their business with Planned Parenthood was a small percentage of their activities.[55]

In September 2015, two courts ruled that Daleiden and the Center for Medical Progress must turn over private documents and submit to depositions about how they orchestrated their video sting, and could require Daleiden to turn over paperwork and details of the operation, and provide the full raw footage he collected while posing as an executive of the fictitious tissue procurement firm Biomax.[58]

Political impact

The videos were shown to several pro-life congressmen, including Diane Black, Trent Franks and Tim Murphy, weeks before being made publicly available.[18][59] Black said that she was given advance screening of the videos, which "literally made [her] sick to [her] stomach" as well as "emotional and tearful," so that she would be prepared to comment on them after their release.[18]

The timing of the first video led commentators to speculate it may have been released to coincide with a bill to raise money for Susan G. Komen for the Cure, which gives funding to Planned Parenthood.[60] After the first video was released, Rand Paul and Diane Black introduced pre-prepared legislation to discontinue federal funding of Planned Parenthood.[61][62] On August 3, 2015, the legislation failed to pass in the Senate with 53 supporting discontinuing funding and 46 opposed. This was seven votes short of the 60 needed to pass the bill.[63][64][65][66]

On July 14, 2015, House Speaker John Boehner ordered congressional hearings into the practice procuring fetal tissues and organs by Planned Parenthood, and at least one committee committed to scheduling a hearing.[10] Senate Minority Leader Harry Reid has said that Planned Parenthood's practices “should be looked into.”[11][12]

On September 18, 2015, the U.S. House of Representatives voted 241-187 to defund Planned Parenthood's for one year, allowing time to investigate alleged wrongdoing by Planned Parenthood. The vote is largely symbolic because the bill is not expected to pass in the Senate and President Obama has stated he would veto legislation to defund Planned Parenthood.[67][68][69]

Presidential campaigns

Several Republican Presidential candidates repeated CMP's allegations that PPFA used tissue donation as a way to profit from abortion.[nb 1] Democratic presidential candidate Hillary Clinton, who "staunchly defended" the organization, said that the videos were "disturbing" and called for a national investigation into the sale of aborted fetal tissue.[70] The White House said it would oppose any congressional attempts to defund Planned Parenthood.[71]

During the September 16, 2015, GOP presidential candidates' debate on CNN, Carly Fiorina attacked Planned Parenthood and their involvement in fetal tissue donation,[72][73] stating "I dare Hillary Clinton, Barack Obama to watch these tapes. Watch a fully formed fetus on the table, its heart beating, its legs kicking, while someone says, 'We have to keep it alive to harvest its brain.'"[74]

However, according to the website PolitiFact, the video footage Fiorina referred to was not obtained from a Planned Parenthood clinic. It was stock footage of an unrelated live fetus, obtained from the Grantham Collection, "an organization that hopes to stem abortion by promoting graphic images of the procedure." It was then added by CMP to dramatize the description by StemExpress procurement technician Holly O'Donnell. In the edited video, O'Donnell alleged that while she was working in a pathology lab at a Planned Parenthood clinic, her supervisor told her that they would procure a brain from a well preserved fetus. O'Donnell said: "I'm sitting here looking at this fetus, and its heart is beating, and I don't know what to think."[74][72][73] The New York Times reported that "while the authenticity of the videos remains a subject of debate, Mrs. Fiorina appears to have exaggerated their contents,"[75] and PolitiFact rated Fiorina's statement "Mostly False", due to her insinuation that there is actual footage of Planned Parenthood technicians examining an aborted fetus whose heart is still beating, which there is not.[74]

Other outcomes

Governor Bobby Jindal of Louisiana announced on August 3, 2015 that the Louisiana Department of Health and Hospitals is terminating its contract with Planned Parenthood that provides the organization with state Medicaid funds.[76] The states of Alabama,[16] New Hampshire,[15] and Utah[77] also cut their respective funding to Planned Parenthood in the wake of the videos, while Pennsylvania and Wisconsin are considering similar measures.[78] The Obama administration has warned state legislators it may be illegal to cut funding to Planned Parenthood.[79]

After consulting with the university’s Bioethics Advisory Committee, Colorado State University president Tony Frank suspended the further purchase of fetal tissue for research purposes.[80]

See also

Notes

  1. ^ Rick Perry said "The video showing a Planned Parenthood employee selling the body parts of aborted children is a disturbing reminder of the organization’s penchant for profiting off the tragedy of a destroyed human life."[30] Carly Fiorina said "This latest news is tragic and outrageous. This isn’t about "choice." It’s about profiting on the death of the unborn while telling women it’s about empowerment."[30] Rand Paul posted on Twitter "...a video showing [Planned Parenthood]’s top doctor describing how she performs late-term abortions to sell body parts for profit!" and vowed to campaign to defund Planned Parenthood.[62]

References

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