Confiscated capsules contained powdered baby flesh.

South Korean customs officials confiscated more than 17 thousand drug capsules containing the powdered flesh of babies. The source: Northern China. Some believe the capsules promote health and stamina…

See Other Life News

I want to personally thank you for sharing in this great endeavor to support Life by God’s grace and through our legal system. I am working with Phill to research action plans in targeted regions and to collaborate with local pro-life groups to make the plans a reality. Stick with us on the Journey, I’ll keep you updated.

Beginning in February we will send out a brief e-newsletter twice a month to provide you with updates on our work, action items for you, pro-life stories of interest, and links to the best pro-life material on the web. Consider it your one-stop click to what’s going on. Sign up to receive Amistad emails with the form to the right, and feel free to pass them on to your friends and colleagues.

Growing up my mom told me the story of how she almost lost me before I was born. She and my father were planning to go to the gym that day, but when she noticed some blood they went to visit the doctor instead. To be bleeding that early in a pregnancy was not a good sign, and the doctor was not encouraging. He informed my parents I probably would not make it. They shared the news with the secretary as they were leaving the doctor’s office. The lady shook her head sadly, then seemed to recover her spunk. She asked them, “Do you want to have this baby?” Oh yes, they did! “Then you can have this baby. Go home and put your feet up and rest.”

Mom and Dad skipped the gym that day.

I was six pounds, seven ounces, and my father still tells me I’m exquisite. (It does a girl’s heart good to hear that.)

That secretary fought for my life with encouragement and wise counsel. I want to do the same, and with this team and God’s direction I know we will save lives.

Thank you for sharing this journey with me!

I am at your service,

Hannah Tomlinson, Esq.
Deputy Counsel, The Amistad Journey

 p.s. If you’re that secretary, thank you.

Two Weeks After it is Learned that the Sebelius Administration destroyed key evidence against Planned Parenthood it is learned that four years later a Sebelius appointed official destroyed copies of that evidence.

Evidence destruction apparently routine in the Sebelius Administration.  As a result, only felony charges ever filed against Planned Parenthood are dismissed.

By Phill Kline

The news of document destruction in Kansas does not come as a surprise for me.  Rather, after a decade of obstruction, the latest indicates that the evidence of Kansas corruption to protect Planned Parenthood is leaking into the media.

Two weeks ago a hearing in a criminal case against Planned Parenthood was delayed.  The delay was a result of the administration of current Health and Human Services Secretary Kathleen Sebelius destroying evidence of criminal activity while Sebelius was Governor of Kansas.

The evidence was destroyed at a time the Sebelius administration knew the documents were key to a criminal investigation of Planned Parenthood’s failure to report child rape.  Planned Parenthood is an important and long-term political ally of Sebelius.

When the documents were destroyed in 2005, I was leading the investigation of Planned Parenthood as the Attorney General of Kansas. Our

While Governor, the Sebelius Administration destroyed documents the administration knew were evidence in a criminal investigation of key Sebelius political ally Planned Parenthood. The Sebelius Administration fought for years to keep the evidence showing that Planned Parenthood failed to report child sexual abuse out of the hands of prosecutors working for former Kansas Attorney General Phill Kline. After losing several court battles, the Sebelius Administration was ordered to produce copies of the documents. This week it was learned that not only did the Sebelius Administration then destroy the original documents, but also Sebelius appointed Attorney General Stephen Six, who followed Kline, destroyed the remaining documents in the Attonrey General's office, left there by Kline. Six's actions took place while the criminal case against Planned Parenthood was pending.

evidence had revealed that during a time when 166 abortions were performed on children in Kansas, Planned Parenthood had only reported one case of child molestation.

My investigators obtained this evidence after months of battling the Sebelius administration and obtaining four separate court orders for the administration to produce the documents.

The evidence could lead to Planned Parenthood losing more than $350 million in annual federal funding.  Federal law requires Planned Parenthood to comply with state laws mandating the report of child rape.  Planned Parenthood knew the stakes in my investigation, I knew the stakes and Sebelius knew as well.

After losing the court battles, the Sebelius administration, without notifying my office or the court, destroyed the evidence.  Calling it a “routine” document destruction, the Sebelius administration shredded documents it knew served as key evidence in a criminal investigation against a Sebelius ally.

Yet, this alone was not enough to kill the criminal prosecution of Planned Parenthood.  In fact, in October of 2007 a judge reviewed my evidence and found probable cause to believe that Planned Parenthood committed 107 criminal acts, including 23 felonies.  This evidence was partially based on copies of the documents Sebelius destroyed.  The rules of evidence would allow me to introduce the copies of the documents originally produced by the Sebelius administration to my office in late 2004. The case was proceeding.

But now, we learn that Sebelius and Planned Parenthood allies had access to another shredder, and these originally produced copies were destroyed by a Sebelius appointed Attorney General.

In 2006, thanks to millions of abortion industry monies and an incredibly false and distorted depiction of my investigation by the Kansas major daily newspapers, I lost my re-election to Johnson County District Attorney Paul Morrison.

The Sebelius recruited Morrison had switched parties from Republican to Democrat to run against me and had to vacate his position as District Attorney to assume the office of Attorney General.  Since Mr. Morrison was initially elected District Attorney as a Republican, Republicans chose his successor and they chose me.  Accordingly, Mr. Morrison and I switched offices in January of 2007.

While transitioning in the offices, I took copies of the KDHE and Planned Parenthood documents with me since Planned Parenthood was within my new jurisdiction and I could continue the investigation.  For safekeeping I left the originally produced documents with the Judge who issued the orders for the Sebelius administration to produce those documents.

In January of 2007 that Judge gave the documents to incoming AG Morrison.  Mr. Morrison, who ran promising to end my investigation, then initiated an unprecedented effort to return all evidence back to the target of a criminal investigation in which he sued the Judge who issued the subpoenas.  Morrison’s suit sought an order that the Judge give up any evidence still in his possession and turn it over to Planned Parenthood.  Mr. Morrison also joined Planned Parenthood in suing me seeking a court order that I be forced to give up my copies of the evidence.

Mr. Morrison lost both of these lawsuits but the litigation delayed my efforts for years more and resulted in the Sebelius appointed Kansas Supreme Court[i] ordering a secret trial and at one time, secretly silencing a witness to Planned Parenthood’s criminal conduct.

Yet, Morrison took a step too far.  In December of 2007, Paul Morrison’s mistress stepped forward and claimed that Mr. Morrison was trying to use their relationship to interfere with the investigation of Planned Parenthood.  The mistress worked in Morrison’s District Attorney’s office and when Mr. Morrison and I switched offices, she remained behind in the District Attorney’s office to work for me.  Morrison resigned within a week.

With Morrison’s resignation, Sebelius was able to appoint his successor.  In January of 2008, Sebelius appointed Stephen Six as Kansas Attorney General.  The only offices Mr. Six have ever held are due to Sebelius appointments.

Mr. Six picked up where Morrison left off – continuing to sue the Judge and myself.  Now we know that Mr. Six did something else.

Stephen Six was appointed Kansas Attorney General in January of 2008. Six followed Paul Morrison who defeated Phill Kline in the 2006 elections. Morrison resigned in scandal after his mistress stepped forward and claimed that Morrison was trying to use their relationship to interfere with Kline's investigation of Planned Parenthood. The mistress worked for Kline. It has now been revealed that Six destroyed evidence in the criminal case against Planned Parenthood. The destruction apparently took place in April of 2009, well after Six knew the criminal charges were filed and that the evidence was critical.

In April of 2009, reports indicate that the Office of Stephen Six destroyed the documents produced to that office while I was Attorney General in 2004.  The Six Attorney General’s office destroyed documents produced pursuant to a criminal subpoena which it knew was evidence in a criminal prosecution filed in October of 2007.

Not only this, Six knew I was trying to use those documents in the criminal case.  I personally wrote General Six asking for cooperation in the criminal prosecution.  He did not reply.  General Six did, however, file numerous motions in the criminal case to prevent the use of the documents and only later, after losing the ability to prevent their use, destroyed the documents.

The latest revelation of document shredding resulted in current Johnson County District Attorney Steve Howe requesting a dismissal of the felony charges against Planned Parenthood.  Howe had other options than to rely on the Six destroyed documents, but such options would be more difficult and evidently, Howe did not want to bear that burden.  Who can blame him – few if any Kansas political players are willing to stand up for this case out of fear for their political futures.

In any other state, such conduct by a former Governor and her appointed Attorney General would be condemned from all corners – not so in Kansas.  The major Kansas daily newspapers are apologists for abortion on demand and have so distorted this story that it is unrecognizable.

In fact, the State’s major daily newspaper, the Kansas City Star, true to form, tried to blame me for the Six destruction of evidence in April of 2009.  I politely reminded the paper that at that time I was teaching at a law school in Lynchburg, Virginia.  I doubt it will make any difference with The Star.

Also, a Sebelius appointed Kansas Supreme Court has also unduly harmed the investigation of Planned Parenthood.  On this issue the Court is led by Sebelius appointee Justice Carol Beier, a former lawyer with the leftist National Women’s Law Center and a Justice who has written favorably about using court decisions as news releases for the left.[ii]

Kansas is corrupt and that corruption is only now leaking out.  For close to 10 years I have witnessed those pledged to justice and to protecting children acting instead to protect political and money relationships.  It is time that the fullness of this corruption is revealed.

There are those in Kansas calling for investigations by those in Kansas.  Kansas Attorney General Derrick Schmidt announced he would ask others to investigate the record destruction.[iii]

Simply put, I don’t trust Kansas to get the job done.  Those who seek to thwart justice have acted openly and with impunity in Kansas.  They have successfully smeared and harmed those who disagree with them.

And all the while, others who had the opportunity to speak have generally remained silent, fearful of political consequences.

In the past, I have witnessed Kansas engage in such “investigations.”  Generally the aim of these investigations was to explain things away by not placing blame on those currently with power while avoiding difficult questions.

Perhaps this time, on this issue, I am wrong.  After all, it is rather hard to explain why you destroyed criminal evidence implicating a key political ally.  If that is routine for the Sebelius Administration, no further evidence of corruption is needed.

By Phill Kline

A new federal whistle blower lawsuit filed in Federal Court in Texas on October 28^th alleges Planned Parenthood Gulf Coast (PPGC) engaged in prolonged and coordinated fraud to bilk federal and state programs of millions of dollars.  PPGC operates 8 clinics in Texas and 2 in Louisiana.

The suit, filed by a former employee of the abortion provider, states that Planned Parenthood trained employees to falsify medical charts to justify billing the federal government for services that were not rendered and also to improperly bill the government for abortion services.

Federal funds provided to Planned Parenthood may not be used for abortions.  In the suit, however, Karen Reynolds, a former “health care assistant,” at Planned Parenthood’s clinic in Lufkin, Texas, states that Planned Parenthood:  “trained and instructed the employees at its twelve regional clinics to bill the government for medical services that were not medically necessary, to bill the government for services  that were not actually provided…to falsify information in patient medical charts.”[i]

Reynolds was an employee of Planned Parenthood from 1999-2009 and claims the fraud continued during the entire time of her employement.

The Complaint (you can download a pdf of the complaint by clicking here) provides detailed information on how employees were required to go through “powerpoint” training sessions teaching how to defraud federal taxpayers.[ii]

The complaint also quotes internal Planned Parenthood memos directing staff members to alter the reasons for patient visits in order to obtain reimbursement from the federal government for services not provided and for services for which federal dollars cannot be used.

Federal law prohibits the use of Medicaid funds for abortions services.[iii] Medicaid is the Federal program that pays medical services for the poor.  The program is administered by state governments and, generally, the federal government provides monies to the Offices of State Attorneys General to prosecute Medicaid Fraud.

The Complaint alleges that Planned Parenthood unlawfully routinely billed the federal government for abortion services and trained and instructed clinic employees to falsify records to support the fraudulent billing.  The Complaint quotes a January 22, 2009 internal memo that refers to post abortion patient visits stating:

“We must get these clients in!  This visit is self-pay (meaning the government does not pay for post abortion services).  If the client is on birth control make this the focus of the visit…” rather than for a post-abortion visit, which is not covered.[iv]

Ms. Reynolds further states that Planned Parenthood would then require employees to provide a “brown paper bag” to all patients that contained condoms and vaginal film whether or not the patient requested those services.

All patient charts were then reviewed post visit and adjusted to reflect the services not provided, such as “method counseling” which is reimbursement at a rate $30.60 per visit.  “Method counseling” is instructing women on how to use different birth control methods.[v]

In this fashion a non-reimbursable post abortion patient visit was converted into a reimbursable “method counseling” session that was not requested nor received.  In all, simply by handing the patient a brown paper bag, the Complaint states Planned Parenthood was able to bill federal taxpayers, contrary to law:

a)      $4.20 for condoms;

b)    $12.60 for vaginal film;

c)     $30.60 for method counseling (counseling on primary method of birth control, condom use and vaginal film use); and

d)    $10.45 for problem counseling.

Peter Durkin, who served as CEO of PPGC for 26 years, is named in the Texas Complaint as helping orchestrate the systematic fraud of Medicaid that included falsifying patient records and billing for services that were not requested or medically necessary. Durkin recently announced, after the filing of the Complaint, his retirement.

For each post abortion patient visit, therefore, Planned Parenthood received from taxpayers $57.85 that otherwise should not have been reimbursable.

The complaint states that “[a]lmost all Medicaid patients were handed a bag of condoms and vaginal film despite the fact that the items were not needed or requested by the patient.”[vi]

The lawsuit in Texas is a civil lawsuit commonly known as whistleblower suit.  Under federal law, a person with inside information about fraud costing American taxpayers can bring a lawsuit revealing the fraud and receiving part of any recovery for the fraud.  This generally only occurs if the federal government refuses on its own to initiate the lawsuit.  The lawsuit is filed under the federal False Claims Act, 31 U.S.C. ¶¶3729 et. seq.

In the lawsuit Ms. Reynolds also claims that Planned Parenthood required each clinic to set monthly revenue goals and engage in specific and detailed procedures to maximize revenues by billing for services not provided and altering patient files to reflect non-provided services.  Ms. Reynolds estimates that fully 1/3 of patient files at the clinic were retroactively altered.

The criminal allegations in Kansas also involve allegations that Planned Parenthood manufactured documents in patient files well after the patient’s visit.

A Pattern of Conduct

Planned Parenthood affiliates in California, New York, New Jersey, Washington and New York City have previously been ordered to refund millions of dollars to the federal government for over-billing Medicaid.[vii]

So far, the only criminal case ever filed against a Planned Parenthood facility is the case I filed on October 17, 2007 in Johnson County District Court in Olathe, Kansas.  The case was only filed after an independent judge reviewed the evidence and concluded that probable cause exists to believe that Planned Parenthood committed 107 criminal acts, including 23 felonies for falsifying records.

It was recently revealed that in 2005 the Kansas Department of Health and Environment destroyed original records relevant to the investigation.[viii] The destruction of the records took place while that agency was under the control of former Kansas Governor Kathleen Sebelius and at a time when the Sebelius Administration knew the records were relevant to a criminal investigation of Planned Parenthood.  Kansas legislators are contemplated initiating an investigation of the document destruction.

It is also now public that my investigators uncovered evidence that during a time when 166 abortions were performed on child in Kansas in 2002 and 2003 that Planned Parenthood only reported to the state one case of child sexual abuse despite state law requiring reports.[ix]

This information, sealed for years by the actions of the Sebelius appointed Kansas Supreme Court, has only recently come to light.

This documentary evidence combined with direct statements by a Planned Parenthood security guard that he was instructed to “accept all patients” and was told to disregard false identifications provided by children and ignore signs that laws were not being followed provides compelling evidence that the abortion provider failed to follow Kansas law.  The evidence from around the nation indicates similar behavior.

Broadening the Federal Investigation

Sebelius is now Secretary of Health and Human Services in the Obama Administration.  In that role, Secretary Sebelius oversees compliance by

State agencies under the control of Obama appointee Kathleen Sebelius worked to thwart an investigation of Planned Parenthood and destroyed documents the Sebelius Adminsitration knew were relevant to a criminal investigation of Planned Parenthood. Sebelius is a prime national beneficiary of Planned Parenthood's political involvement.

recipients of federal family planning funds with state law requiring the report of child sexual abuse.

If the recipient of federal funds does not comply with state mandatory reporting laws then federal law requires the forfeiture of those monies.  Planned Parenthood received more than $350 million of such federal money each year.  Accordingly, failure to report child rape could result in the loss of those monies.

Many believe Sebelius was appointed Secretary to prevent a full-fledged investigation of Planned Parenthood.  For years, the Sebelius Administration actively fought my investigation in Kansas.  Sebelius is one of the nation’s primary beneficiaries of Planned Parenthood political involvement.

Congress, however, may now be initiating its own investigation.  Florida Republican Cliff Stearns, Chairman of the House Committee on Oversight and Investigations Committee has written Planned Parenthood demanding information regarding its billing practices, including internal written procedures and policies.

Congress and others should expand the investigation to include Secretary Sebelius’ internal communications regarding Planned Parenthood in her position as Secretary and also communications relating to my investigation within her Administration as Governor of Kansas and all external communications with Planned Parenthood.  The American people have the right to know whether a person who helped thwart an investigation is properly carrying out her responsibilities in investigating the very target she once protected.

Congress should also demand all internal procedures and memos from Planned Parenthood regarding the report of child rape.  In Ohio, a civil lawsuit by a rape victim revealed that Planned Parenthood had a “don’t ask, don’t tell” policy regarding child rape.  The policy instructed Planned Parenthood employees to avoid asking a child the age of her sexual partner in order to avoid reporting rape.

In Kansas, the investigation revealed evidence of massive under-reporting.  This evidence joins the LiveAction hidden video investigations and the earlier investigation by Life Dyanamics of  Texas that resulted in audio recordings of Planned Parenthood counselors guiding callers posing as underage girls on how to avoid reporting that they had adult boyfriends to show systemic abuse.  Furthermore, the recent revelations of Abby Johnson to provide more than sufficient evidence to justify an investigation of Planned Parenthood.

The failure to report child sexual abuse appears consistent with the philosophy of Planned Parenthood, which terms statutory rape as “intergenerational sex.”  Planned Parenthood philosophy appears to believe that if force is not involved then adult/child sexual interaction is normal biological expression and, therefore, not harmful.

This philosophy is best reflected in a quote from Mary Calderone, the former National Education Director of  Planned Parenthood, in her book The Family Book About Sexuality.[x] On page 178, Ms. Calderone writes:

“One thing is certain, in any cases of sexual contact between a child and an adult where there has been no force or violence, the greater the fuss and uproar the greater the possible damage to the minor.  The major effects of such incidents are caused not by the event itself but by the outraged, angry, fearful, and shocked reactions of the adults who learn of it, whether they be parents, relatives, or police. It is these immoderate reactions which may cause whatever psychological damage occurs.”[xi]

The time is past for us to continue to ignore the mounting concerns that Planned Parenthood refuses to partner with law enforcement to report child rape.

Kudos to blogger Jill Stanek who first broke the story about the Texas lawsuit.  You view her post here.

You can view the Complaint filed in Texas federal court against Planned Parenthood here.

You can view the Exhibit attached to Ms. Reynolds Complaint here.

Dr. Kristin Neuhaus testifies in a hearing where the state is attempting to revoke her medical license. Neuhaus recently told a reporter with the Lawrence Journal World that she was working with "young girls" who had been raped when she worked for Dr. Tiller. Yet, investigative records and testimony reveal that these rapes were not reported to child welfare officials as required by law.

More Evidence Raped Children in Kansas Were Ignored

In an effort to save her medical license, last week, Dr. Kristin Neuhaus granted the Lawrence Journal World in exclusive interview.  The resulting article primarily focuses on Neuhaus’ concerns about her safety.  Neuhaus’ statements in the article, however, again highlight how Dr. Tiller and Neuhaus refused to report child sexual abuse.

In the interview, Neuhaus speaks of “counseling” several “young girls” who “had been raped” relating to their late-term abortion.  Neuhaus would then sign a form letter stating that the child had been harmed by the rape in order to justify the late-term abortion.

Kansas law prohibited late-term abortion unless two doctors find that the mother would “suffer substantial and irreversible impairment” of a major bodily function unless the abortion was performed.  Neuhaus’ letter would claim to make that finding.

At the same time, however, Kansas law required the abortion doctors to report child abuse if they had “reason to suspect” harm caused by the child abuse.

Yet, it has recently been revealed that during a time when Kansas abortion doctors, primarily at Tiller’s clinic and Planned Parenthood’s clinic in Overland Park, performed hundreds of abortions on children 14 and younger, Tiller’s clinic only reported one case of child sexual abuse and Planned Parenthood only reported one case.  Several stories reporting these facts are linked at the end of this story.

Covering Up Child Abuse

Former Kansas Attorney General Phill Kline was investigating the clinics’ failure to report sexual abuse but his efforts were fought by the Sebelius Administration and this evidence was prevented from being used in court due to various orders by the Kansas Supreme Court.

In Kansas, the Court is appointed by the Governor for life without need for confirmation.  Sebelius and her former Lt. Governor, Mark Parkinson, have appointed 5 of the 7 justices.  The Court’s writings on abortion are led by Justice Carol Beier, a Sebelius appointee and a former lawyer with the National Women’s Law Center, a supporter of “reproductive rights.”  Beier has shown open hostility towards Kline and his investigation.

That Court sealed the child victim’s names from investigators and delayed the investigation for more than two years.  By the time, Kline received documents from the abortion clinics; he was at the end of his term having been defeated for re-election by Sebelius recruited Paul Morrison.  Morrison refused to follow up on Kline’s evidence and actually joined Planned Parenthood in suing Kline and he also sued a District Court Judge in an effort to return all evidence of criminal activity back to Tiller and Planned Parenthood.

The recently released court records, investigative records and testimony show that child rape victims were often taken to Tiller’s Wichita clinic, received an abortion and left that clinic, likely back into the hands of their abuser, without any notification to law enforcement as required by Kansas law.

Destroying Evidence in a Criminal Investigation

New revelations show that members of the Sebelius Administration destroyed original documents that the Administration knew were part of a criminal investigation of Planned Parenthood. Sebelius was Kansas Governor at the time of the document destruction and also knew that the criminal investigation could lead to the loss of more than $350 million of federal funding provided to Planned Parenthood each year. Sebelius, seen here with President Obama, was appointed by Obama to be Secretary of Health and Human Services. In that position Sebelius is tasked with ensuring that Planned Parenthood complies with child abuse reporting laws.

Recent evidence also shows that Tiller’s clinic would justify a late-term abortion for any reason, often contrary to Kansas’ strict late-term abortion prohibitions.  Yet, despite the presence of this evidence – legal prosecution against Tiller regarding these violations was halted and prevented, many claim, due to judicial corruption and the efforts of then Governor Kathleen Sebelius.

Recent revelations also show that the Sebelius Administration destroyed original documents that were relevant to the criminal investigation.  Kline had sought those documents and the Sebelius Administration resisted.  Finally, after several months and three court orders the Sebelius Administration was ordered in 2004 to produce copies of the documents sought by Kline.  After production, the Administration began destroying the originals and hid their efforts for several years.

The copies of these documents originally provided to Kline could be used in court in the criminal case currently pending against Planned Parenthood.   Kline, however, left the documents in the hands of a Judge who turned the documents over to new Attorney General Morrison.  It appears that those documents, under Morrison’s care, were either lost or destroyed as well.

Prosecutors may still rely on other methods of verifying the copies of the copies that Kline took with him to Johnson County in 2007.  At that time, Kline became Johnson County District Attorney.

In this position, in October of 2007, Kline took his evidence to Johnson County District Judge James Vano who found probable cause to believe that Planned Parenthood committed 107 criminal acts. Those charges are still pending and are partially based on the documents the Sebelius Administration destroyed.  The criminal case is set for a preliminary hearing on November 11^th.

A Form Letter Diagnosis

For years Dr. Kristen Neuhaus served as Dr. George Tiller’s Lieutenant.  Neuhaus, who is now defending her medical license from revocation, would travel to Dr. Tiller’s clinic twice a month on average, and sign a form letter printed off by Dr. Tiller’s Wichita clinic.  That letter, Neuhaus and Tiller claimed, provided justification under Kansas law for a late-term abortion on a viable unborn child.

Kansas, at the time, had one of the most restrictive laws in the nation prohibiting late-term abortion unless two doctors found the mother would “suffer substantial and irreversible impairment to a major bodily function” unless the abortion was performed.  Former Kansas Attorney General Carla Stovall, an abortion rights supporter, issued an opinion in 2000 stating that the Kansas law allowed a mental health exception for late-term abortion but that the mental health concern must be “substantial and irreversible.”

Kline’s evidence reveals that Tiller performed late-term abortions claiming mental health concerns because, for example, the mother did not want to hire a babysitter so she could attend rock concerns.  Another identified concern was that a mother did not want to miss her rodeo season.

Tiller, a pathologist by training, would diagnose either “single episodic” depression, anxiety disorder or adjustment disorder.  As Attorney General, Kline retained nationally renowned psychiatrist Dr. Paul McHugh to review Tiller’s filed to determine if the diagnosis was justified.  McHugh found all of Dr. Tiller’s abortions were not justified under Kansas law and that the diagnosis itself was not justified by the patient’s condition.  You can view Dr. McHugh speaking about his opinion here.

Kline’s charges, however, were dismissed the following day at the request of Tiller supporter, Sedgwick County prosecutor Nola Foulston.  Foulston claimed that only she could file charges against Tiller since Tiller clinic was in Sedgwick County.  Foulston took this action without notifying Kline.  Kline appealed this dismissal but Morrison, when he took office dismissed the appeal.

Paul Morrison was recruited by Sebelius to run for Attorney General and with millions of dollars of abortion provider monies defeated Phill Kline. Morrison buried evidence against Dr. Tiller and Planned Parenthood, at one point actually secretly suing a judge in an effort to return all evidence to the criminal targets. Morrison, pictured here in December 2007 as he announced his resignation from office due to scandal. Sebelius appointed Stephen Six to replace Morrison and Six continued efforts to protect Planned Parenthood, including at one point obtaining a secret order from the Sebelius appointed Supreme Court silencing a key witness to Planned Parenthood's alleged criminal conduct.

As a result, Kline’s charges were never pursued in open court.  You can read how pro-choice prosecutors worked to prevent Tiller from being convicted by clicking here.

Punishing Kline

Kline has been under investigation by the Kansas Supreme Court ethics administrator for more than 5 years.  The investigation came about based on a complaint filed by the Supreme Court and Planned Parenthood.

The investigation has resulted in more than 30,000 pages of documents.  Buried amidst these documents was a report from independent investigators hired by the Supreme Court ethics prosecutor in 2006.

After two years, these investigators issued a report stating that Kline did not do anything unethical.  The report was issued just weeks before Kline stood for re-election and at a time the ethics administrator had already made public the fact that Kline was being investigated.  The ethics prosecutor buried the report and it only came to light years later.

Additionally, independent judges have reviewed Kline’s actions and found that he did not violate ethics.  Regardless, the Supreme Court appointed ethics prosecutor continued his investigation.

Eventually the complaint was heard by a three lawyer panel which was also appointed by the Supreme Court – the Court that filed the complaint.

Ironically, this panel just week ago recommended that Kline’s law license be indefinitely suspended because Kline investigators refused to tell the Sebelius Administration about the purpose of the investigation.  The panel claimed that this refusal was a “deception” and unethical.

In 2003, the Sebelius Administration, which had documents relevant to the criminal investigation refused to work with investigators unless they were given “specific” and thorough detailing of Kline’s evidence.

Kline investigators reasoned that doing so could jeopardize the investigation due to Sebelius’s close ties to Planned Parenthood which stood to lose more than $350 million a year in federal funding if they failed to report child sexual abuse.  Investigators were concerned that the Administration would tip off the investigation target and that records might be destroyed.

Later, after fighting Kline for years, the administration was forced to turn over copies of documents.  By then the Administration had learned about the nature of Kline’s investigation and where it was leading due to the court battles over the records.  And now it appears that the concerns of Kline’s investigators were well founded as the Sebelius Administration after learning about the investigation started shredding original documents.

Kline’s appeal of the panel’s finding to suspend his license can only be appealed to the Sebelius appointed court that filed the complaint.  In all, Kline has been sued three times by Planned Parenthood, twice by Dr. Tiller, been ordered into secret trials, been forced to be on the witness stand more than 50 hours and under oath more than two dozen times while suffering through a 6 year ethics investigation.  Most believe this is the case because Kline became the first prosecutor ever to investigate Planned Parenthood and to charge the billion dollar corporation with criminal activity.  You can assist Phill Kline’s fight by clicking here.

Kansas Media Blackout

Meanwhile, most Kansans remain in the dark about these developments due to a virtual Kansas print media blackout.  The state’s print media is dominated by the co-owned Kansas City Star and Wichita Eagle, both papers aggressively supportive of abortion rights.

The Star, in one of dozens of editorial cartoons demeaning Kline, actually portrayed Kline as a child molester on a park bench with his hand up a little girls’ skirt.  The caption said Kline was invading child privacy.  The Star claimed his investigation into child rape and failure to report child rape was invading the privacy of children.

For their coverage of the investigation the Star was awarded Planned Parenthood’s “Maggie Award” for journalistic excellence in the support of “reproductive freedom.”  You can read Jack Cashill’s column on how the Star continues to misinform Kansas by clicking here.

To date, the Star and Eagle have not published a story about the evidence demonstrating that Dr. Tiller or Planned Parenthood were reporting child sexual abuse.

Additional Articles regarding the non-reporting of child sexual abuse in Kansas and the ethics case against Kline:

Pete Smith, who attended and covered Kline’s ethics hearing, has written two stories on this topic.  You can read them here and here.

article http://plannedparenthoodcorruption.org/news/kansas-travesty-249-child-age-abortions-over-3-years-just-four-sex-abuse-reports-kline-hearings/

Live Action is a prolife organization led by Lila Rose which is dedicated to uncovering Planned Parenthood corruption.  The group has published several undercover videos revealing Planned Parenthood ignoring child rape.  You ca read their story here.

Nationally syndicated columnist Michelle Malkin wrote this column.

Nationally recognized and award winning blogger Jill Stanek, who also attended Kline’s ethics hearing wrote this story.

Kathryn Jean Lopez, editor for National Review Online (NRO) wrote this article.

Read how the evidence against Dr. Tiller was buried by Sebelius’ recruited Attorney General Paul Morrison and later by Sebelius appointed Stephen Six by clicking here.

Help Phill Kline in his continued efforts to hold the abortion industry accountable to the law by clicking here and making your tax deductible donation.

1. I. Sebelius Fights the Investigation of a Political Ally  
   

   Sebelius and her appointed AG Stephen Six. Six was appointed when Sebelius recruited Paul Morrison, who defeated Kline in Kline's re-election, resigned in scandal. Six fought for years to keep the KDHE records from being used in Kline's prosecution and never mentioned to the court or Kline that the documents had been shredded in 2005.

In 2003 the office of former Kansas Attorney General Phill Kline received credible evidence that Kansas abortion clinics were not reporting child sexual abuse as required by Kansas law.  In order to assess the allegations it was necessary for Kline’s investigators to review two sets of reports held by two Kansas agencies, both which were controlled by Kansas Governor Kathleen Sebelius.

The Sebelius Administration at first resisted and then vigorously fought Kline’s efforts.  Now it has been revealed that after the Sebelius Administration was ordered by a District Court Judge on four separate occasions to provide records needed for the investigation, Sebelius administrators began destroying original documents without notifying the judge or prosecutors.

At the time the shredder was employed, the Sebelius Administration knew that a judge had found probable cause to believe that Planned Parenthood records contained evidence of criminal activity.  The Sebelius Administration also knew that the records Kline obtained over Sebelius’ objections showed that during a time when 166 abortions were performed on children 14 years old and younger in Kansas that Planned Parenthood had only reported on case of child sexual molestation.

At the time, it was also known that federal law required Planned Parenthood to comply with all state laws requiring the report of child sexual abuse and that a failure to comply with such laws would result in a loss of federal funding and potentially, a demand for the return of previous funding provided.  Planned Parenthood received more than $325 million a year at the time.

Accordingly, at the time that the Sebelius Administration started shredding documents, the evidence in those documents could call into questions hundreds of millions of dollars, provided to a key Sebelius political ally.

The shredding has only recently come to light because the Sebelius Administration kept the fact hidden from investigators, prosecutors and various courts for several years.  Now that the case against Planned Parenthood is getting ready for trial, prosecutors were informed that the documents were destroyed in 2005 under Sebelius.

The documents in question were supposed to be maintained by the Kansas Department of Health and Environment (KDHE) which was under Sebelius’ control in 2005.  The KDHE documents are not patient records and do not contain patient names.  The documents are created by law for the purpose of ensuring that the abortion providers are complying with the law.  Accordingly, the documents are supposed to be available to prosecutors.

Even after being ordered to produce copies to Kline, the Sebelius Administration fought for two more years to prevent Kline from using the documents in his criminal case against Planned Parenthood.

II. Sebelius Recruited AG Paul Morrison Fights to Get Evidence of Crimes Back to Planned Parenthood, the Criminal Defendant

Additionally, when Kline lost his re-election in 2006, incoming Attorney General and Sebelius ally Paul Morrison joined Planned Parenthood in suing Kline to prevent Kline from using the records.  Morrison also sued the Judge who issued the subpoena, seeking an order from the Kansas Supreme Court that all of the evidence in the criminal case be returned to Planned Parenthood, the criminal defendant.

The Kansas Supreme Court accepted and sealed both lawsuits, even ordering a secret trial where Morrison’s office and Planned Parenthood were able to put Kline and his staff under oath.  Planned Parenthood and Morrison lost both suits, but the lawsuits again delayed Kline’s efforts for years more.

Furthermore, Morrison personally denied Kline a state paid defense in the suit that Morrison initiated forcing Kline to come up with more than $250,000 on his own just to keep the evidence of criminal activity in the hands of the office prosecuting the case.

Morrison was previously Johnson County District Attorney and was elected as a Republican.  Sebelius, however, recruited Morrison to switch parties and run against Kline.  During his campaign Morrison promised to end Kline’s “witch hunt” against the abortion clinics.

Morrison won the election and had to resign as District Attorney in order to assume his duties as Attorney General.  Since Morrison was initially a Republican, Johnson County Republicans held a special election and elected

Kline to succeed Morrison.  Accordingly, in January of 2007, Morrison and Kline essentially switched offices.

Phill Kline served as Attorney General from 2003-2007 and then as Johnson County District Attorney from 2007-2009.

When leaving the AG’s office, Kline’s staff left the documents produced by KDHE with Judge Richard Anderson who initially subpoenaed the documents.  That set of documents could be used in the prosecution against Planned Parenthood; however, it is possible those documents have disappeared as well.

During his first weeks in office Morrison retrieved the KDHE produced documents from Judge Anderson and now it appears that Morrison, who opposed the investigation, destroyed or misplaced those documents.

In December of 2007, Morrison resigned from office amidst scandal.  It was revealed that Morrison was engaged in a long-time affair with a former employee.  That employee stayed in the Johnson County District Attorney’s Office to work for Kline and she came forward and alleged that Morrison was abusive and trying to use their relationship to coerce her to undermine Kline’s investigation of Planned Parenthood.

Sebelius appointed Morrison’s successor, Stephen Six, who continued to fight Kline’s efforts.

Morrison and Six also ignored the clear evidence demonstrating non-reporting of child sexual abuse.  Neither continued Kline’s investigation.

Kline, as well, was unable to continue that portion of his investigation.  The Kansas Supreme Court delayed Kline’s initial subpoenas of abortion clinic records for more than two years.  Then the Court allowed the abortion clinics to remove the names of children from the records before those records were turned over.  The Court stated that Kline could go back and re-seek those names after reviewing the initial records but the delay resulted in Kline not seeing the records until just weeks before the end of his term.

Kline did not have sufficient time to obtain additional court orders to get the names from the clinics and Morrison refused to cooperate with Kline’s efforts.  As a result, no one has looked into the evidence indicating hundreds of children were abused and Kansas has still not acted on that evidence.

III. Current Case Should Proceed

The current charges against Planned Parenthood were filed by Kline in October of 2007.  The charges total an alleged 107 criminal acts including criminal late-term abortion and the manufacturing of records in response to a subpoena.  The charges were filed after Judge James Vano reviewed the evidence and found probable cause to believe that Planned Parenthood committed the crimes alleged.

The document allegations are felony charges.  Kansas law required Planned Parenthood to file a compliance report with KDHE for every abortion performed.  Furthermore, Kansas law provided that Planned Parenthood had to keep a copy of the report in each patient file for five years.  Failure to keep a copy is a misdemeanor crime for each failure.

When Planned Parenthood was finally ordered to produce patient records (without names) in 2006, the required copy of the KDHE report was not in the files.  Judge Anderson, who was overseeing the document production, made inquiry and Planned Parenthood represented that they had those records in a separate and secure location.  Later, Planned Parenthood produced what they claimed were copies of the originally filed reports.  According to prosecutors, however, the documents do not match.

Since prosecutors do not have access to the original documents destroyed by the Sebelius Administration their next best bet are the copies that KDHE originally produced to Kline in 2004.  Kline left those copies with Judge Anderson who then turned them over to Paul Morrison – and now it appears those have disappeared.

This leaves the copies of copies that Kline took with him to Johnson County.  These can still be used but the chain of custody needs to be demonstrated.  This can be done and it is possible that KDHE’s standard identification of documents will be sufficient for preliminary hearing.

IV. This is Only the Latest Revelation in the Protracted and Wrongful Effort to Protect Planned Parenthood.

A. Sebelius Appointed Court Secretly Silences Key Witness

Judge Anderson informed the Kansas Supreme Court in 2007 that it appears that someone at Planned Parenthood “committed felonies to cover up misdemeanors.”  Anderson made the statement in pleadings before the Court in

Judge Richard Anderson of Shawnee County. Judge Anderson found probable cause to believe that Planned Parenthood records contained evidence of crimes. It was Anderson's orders that forced the Sebelius Administration to turn over copies of key records calling into question whether Planned Parenthood reports child sexual abuse as required by law. After being forced to turn over the copies, it has now been revealed that the Sebelius Administration started destroying the originals, without informing the court or prosecutors.

an effort to thwart Morrison’s efforts to return the evidence back to Planned Parenthood.  The Supreme Court, 5 of 7 have been appointed by Sebelius for life with no need for confirmation, later ordered Anderson not to testify or produce any evidence in Kline’s criminal case.  The order was issued without Kline’s knowledge.

As Kline was preparing his case for trial he subpoenaed Anderson so that Anderson could bring the Planned Parenthood documents to court.  Anderson then informed Kline of the order.  Kline was forced to appeal that order back to the Supreme Court that issued the order.  The Supreme Court reversed itself in December of 2010 and decided to allow Anderson to testify.

B. Sebelius Appointed Court Threatens and Files Complaint Against Kline

Judge Clark Owens of Wichita initially reviewed claims that the refusal of Kline's investigators to tell the Sebelius Administration about the specifics of the investigation was a violation of ethics by Kline. Owens concluded that Kline's office did not deceive anyone and that the law actually allows law enforcement to deceive third parties in any event. Kline's investigators were concerned that Sebelius's close ties to Planned Parenthood might result in the destruction of evidence. Now, it appears, that when Sebelius later learned about the investigation her administration started shredding documents. Regardless, the Kansas Supreme Court, 5 of 7 of whom were appointed by Sebelius, appointed a panel that found Kline's condut to be unethical. The panel has recommended the indefiniate suspension of Kline's law license. The Sebelius appointed court will make the final decision.

At that time, the Supreme Court also joined Planned Parenthood in filing an ethics complaint against Kline.  The Court appointed the prosecutor and appointed the panel to hear the complaint and the Court will make the final decision.  In early October, the panel recommended that Kline’s law license be suspended indefinitely.

Ironically, this panel concluded that Kline violated ethics when his investigators refused to accede to the demands of the Sebelius Administration to know full details of Kline’s investigation.  The Sebelius Administration refused to cooperate unless they knew specific details about the investigation.

Investigators refused the Administration’s demand and reasoned that informing a third party about an investigation could harm the investigation, spread rumors, harm reputations, potentially harm witnesses and victims and could result in the destruction of evidence.  Furthermore, legal precedent clearly allows law enforcement to refuse such requests.

In fact, the complaint against Kline was initially reviewed by an independent Judge, Clark Owens of Wichita.  Owens correctly concluded that Kline’s office did nothing wrong.  This did not, however, deter the Supreme Court appointed prosecutor and Supreme Court appointed panel which concluded that Kline’s “deception” should result in an indefinite suspension of his license to practice law.

In all, the Sebelius appointed court has ordered secret trials, secretly silenced a key witness and allowed Kline and Judge Anderson to be sued twice by criminal defendants.  Furthermore, although Kline won on the merits of his cases, the Sebelius court wrote opinions subjecting Kline to criticism by Kansas’ leftist media.

Leading the way in condemning Kline is Justice Carol Beier, Sebelius appointee and former lawyer with the National Women’s Law Center, an organization created to support “reproductive freedom.”  Beier’s opinions are so caustic as to bring condemnation from two non Sebelius appointed justices.  Beier, however, has long considered media interpretation of opinions as important as the opinions themselves.

Writing in a journal of the University of Baltimore, Beier, and self-proclaimed “third wave feminist” states:

“The third-wave’s reclamation of feminism through engagement with the media is powerful “cultural work,” that may be a necessary pre-condition to an evolution in the law, and she predicts that “third-wave engagement with culture may be a precursor to the law’s adoption of some third-wave feminist ideas.” In essence, the thesis is that the media are tools to produce cultural infrastructure, without which even the best intentioned and artfully designed legal reforms are ineffective.”[i]

Beier’s opinions, in fact, were so negative towards Kline that media originally reported that Kline lost the lawsuits.  Kline, however, won all of these lawsuits on the merits.  Regardless, the impression stuck thanks to the Maggie Award Winning efforts of the Kansas City Star.  The Star, Kansas’ dominate newspaper, is co-owned with the Wichita Eagle.  At one point in Kline’s investigation, the Star depicted Kline as a child molester with his hand up a little girl’s skirt “violating her privacy” in an editorial cartoon.  You can read Jack Cashill’s column regarding the Star’s coverage of the document shredding news – a shredding they try to pin on Phill Kline.  Read Cashill’s column here).

V. Where from Here?

Prosecutors are so frightened of becoming the next “Phill Kline” that they look the other way rather than consider investigating Planned Parenthood.  It remains to be seen whether Steve Howe, who followed Kline as DA, has done anything to develop the case that Kline left him.  Kline had sufficient evidence for a judge to find probable cause; however, all cases take additional preparation for trial. Howe has now had the case longer than Kline.  Has he developed additional witnesses?  Has he obtained further evidence from inside the clinic?  Or will the case proceed with a sort of benign neglect, doing just enough to claim he did his job – a strategy that typically fails when prosecuting a $1 billion corporation.

It is concerning that Howe only recently learned of the KDHE document destruction.  During Kline’s tenure as District Attorney Kline KDHE under Sebelius and her Lt. Governor refused cooperation with Kline.  Since Howe has been District Attorney, KDHE has been under the direction of pro-life Kansas Governor Sam Brownback.  It can be assumed that KDHE is willing to cooperate and so it appears that Howe only recently started working up the case which has been under his control since January of 2009.

Kline continues to fight for his law license, although he has often pointed out that the Sebelius court filed the complaint, that same court appointed the prosecutor and the hearing panel and that same court will make the final decision.

Some have called for an investigation into possible corruption in obstructing Kline’s investigation.  There’s certainly enough now known for those calls to be legitimate.  To date, however, it seems most do not have the political will to do so.

Meanwhile, Sebelius continues as Secretary of the United States Health and Human Services Department in the Obama Administration.  That agency is tasked with ensuring that all Title X fund recipients of tax dollars comply with state laws requiring the report of child sexual abuse.  Planned Parenthood is one of our nation’s largest recipients of Title X funds and it was Planned Parenthood’s failure to comply with Kansas sexual abuse reporting laws that Kline was investigating.  Many believe that Sebelius’ role in preventing Kline’s investigation may be the reason she has her current job.

The preliminary hearing in the criminal case against Planned Parenthood is now scheduled for November 11 in Johnson County District Court.

Other Stories on this topic:

Jack Cashill in WorldNet Daily:  Planned Parenthood’s Shreddergate Scandal

Denis Boyle in National Review Online (NRO):  Planned Parenthood and Sebelius

Kathryn Jean Lopez, Editor NRO:  Before There was Lila Rose, There Was Phill Kline

Lopez in NRO on the Ethics Complaint Against Kline:  Exacting Revenge in Kansas: A Matter of Injustice.

John Hanna, Associated Press: Judge Postpones Kansas Planned Parenthood Case.

Rita Diller, LifeNews: Phill Kline Wrongly Targeted for Taking on Planned Parenthood.

Posted: October 26, 2011
5:58 pm Eastern

For the first time in its inglorious history, Planned Parenthood is facing criminal charges. These originated with a case former Johnson County, Kan., District Attorney Phill Kline filed in 2007, charging Planned Parenthood’s suburban Kansas City clinic with, among other things, 23 felonies for falsifying copies of abortion reports.

The pre-trial hearing on this case, now being managed by current Johnson County DA Steve Howe, was to have taken place this past Monday. That was not to be.

Last Friday, Howe’s office asked for – and was granted – a postponement after learning that the key records had been shredded years ago by the Kansas Department of Health and Environment (KDHE).

This shredding took place in 2005 when the KDHE was under the aegis of then-governor and now Obama Health and Human Services Secretary Kathleen Sebelius. At the time, Kansas reigned unchallenged as the nation’s late-term abortion capital.

The Kansas City Star has rushed to the defense of Planned Parenthood. This has surprised no one. In 2006, Planned Parenthood had honored the Star with its top editorial honor, the “Maggie,” for its work in defeating Kline’s bid to be re-elected Kansas attorney general.

In one single paragraph, Star apologist Barbara Shelly managed to make more mistakes than some columnists make in a lifetime. Writes Shelly, the editorial page editor: “It turns out the documents being sought, which Planned Parenthood submitted to the clinic in 2003, were shredded in 2005 as part of an approved protocol used by the department for years. The records were long gone when Kline filed charges in 2007.”

For starters, Planned Parenthood did not submit these records to “the clinic.” Rather, its clinic submitted these records as required to the KDHE, which reported to Sebelius.

Yes, these records were shredded in 2005, but by this time they were already key evidence in a criminal investigation against Planned Parenthood. The Sebelius administration knew this.

In 2003, Kline, then attorney general, sought to obtain records from two Sebelius-controlled agencies, Social and Rehabilitation Services (SRS), which receives reports of child sexual abuse, and KDHE, which receives compliance reports regarding abortions.

According to Kline, Sebelius closely monitored his investigation into the enforcement of Kansas laws regarding child rape and late-term abortion violations as these were major campaign issues in 2002 and would likely be again in 2006.

When Kline’s attorneys approached SRS for help in its investigation, the agency balked. When a judge reviewed Kline’s case, he found reasonable cause to believe SRS records contained evidence of criminal activity, and he subpoenaed the records. The Sebelius administration fought the subpoenas.

By the summer of 2004, Kline finally received what he needed from SRS. The records showed that during a time when 166 abortions were performed on children under 14 in Kansas, only two of the cases had been reported to SRS as evidence of child sexual abuse. All 166 of them should have been.

To verify that Planned Parenthood performed some or all of these abortions, Kline needed the information in the KDHE reports. These were created by statute for the purpose of aiding law enforcement.

The reports are not medical records. Nor do they contain patient names. They are, however, coded in such a way that, with KDHE’s assistance, investigators could identify the clinic that performed a given abortion.

In late May 2004, District Court Judge Richard Anderson, a Democrat, subpoenaed the KDHE compliance reports, and KDHE resisted vigorously. In June, Anderson denied KDHE’s motion to quash the subpoena and ordered that copies of the records be produced.

In late June 2004, KDHE produced copies of the subpoenaed records. Only a Star reporter could believe that these same records were innocently and routinely shredded in 2005.

In July 2004, Kline received an unwelcome surprise when the Washington-based Center for Reproductive Rights (CRR) sued him as a way of challenging Kansas’s mandatory reporting laws.

Kline has long wondered how CRR knew enough to file suit. The subpoenas ordered by the court were to be kept secret. He believes that Sebelius, in violation of court order, tipped CRR off. The timing of the suit certainly raises that possibility.

Encouraged by the CRR lawsuit, KDHE quickly filed a new motion for a stay of the subpoenas and a return of the file copies that Kline had secured. Judge Anderson denied KDHE’s motion.

At this point, the Sebelius administration had to be worried. The evidence Kline had gathered could potentially cost Planned Parenthood, a key political ally, $350 million a year in federal funding if convicted of failure to report child rape.

Kline’s investigators isolated the codes of the two abortion clinic that were performing abortions on girls 14 and under. When they requested the coding information to identify the clinics, KDHE again refused to cooperate.

And again Judge Anderson had to intervene to force KDHE to do its job. The clinics in question, to no one’s great surprise, proved to be George Tiller’s in Wichita and Planned Parenthood’s in Johnson County.

In October 2004, Anderson found probable cause that the records at both clinics contained evidence of crimes and promptly subpoenaed individual case files. Predictably, the clinics filed a motion to quash, which was denied.

Now the clinics and the Sebelius administration knew Kline’s office was zeroing in on some inconvenient truths. And so the clinics took their fight to the Sebelius-friendly Kansas Supreme Court. This move initiated some of the most bizarre legal shenanigans of any criminal case ever, but that is a story for another day.

It was at the height of this tense legal battle that the KDHE under Sebelius started to destroy the original documents, and it did so without any notification to the court or to investigators.

This would not have been a problem in itself if the copies KDHE had originally produced for Kline, already validated for court use, were available, but they are not.

When Kline left office in January 2007, he gave those copies to Judge Anderson for safekeeping. Paul Morrison, Kline’s successor as AG, promptly requested the copies from Anderson.

Sebelius had persuaded Morrison, the Republican Johnson County DA, to switch parties and run against Kline. With nearly 2 million in indirect backing from Tiller and the enthusiastic support of the Star, Morrison won.

(Column continues below)

What Sebelius did not expect was that the Republican precinct captains of Johnson County would elect Kline to complete Morrison’s term as DA in Planned Parenthood’s home. As DA, Kline was able to make his own copies of the KDHE records and take them back to Johnson County.

No sooner did Kline do that than Morrison asked Judge Anderson to order Kline to return those copies. Anderson refused, telling Morrison that Kline’s evidence against Planned Parenthood was strong.

Morrison responded by holding an improbable press conference at which he announced that Planned Parenthood had done nothing wrong. He then joined Planned Parenthood in secret lawsuits suing both Kline and Anderson.

In May 2007 – a month after Judge Anderson told Morrison’s office, “There is evidence of crimes in the records that need to be evaluated” – Planned Parenthood held a gala fundraiser in Kansas City to celebrate Sebelius’s birthday.

Now back in Johnson County, Kline had the opportunity to review the KDHE records. In doing so, he realized that Planned Parenthood had apparently falsified copies of the records it sent to KDHE.

Prior to filing the charges, Kline had to show the evidence to Anderson. Anderson had the Topeka PD document expert check the records and promptly found probable cause. In October 2007, Kline charged Planned Parenthood with committing 107 criminal acts, including the 23 felonies of manufacturing documents.

The question the Star should be asking now is this: Where are the validated KDHE records Morrison received from Judge Anderson? Right now, no one is saying. Were they, too, “routinely” shredded?

The copies of the copies that Kline kept in the Johnson County DA’s office can be used in court, but establishing their chain of custody is difficult and time-consuming. This is what Johnson County DA Howe must do to move the case forward.

Planned Parenthood is sitting on this $350 million Shreddergate powder keg. It remains to be seen what Sebelius and friends can do other than duck for cover.

Denis Boyles of National Review Online:  Sebelius and Planned Parenthood

Boyles of NRO: Planned Parethood’s Free Pass

Kathryn Jean Lopez, Editor of National Review Online: Before there was Lila Rose there was Phill Kline

Lopez of NRO:  Exacting Revenge in Kansas – A Matter of Injustice

Pete Smith of LifeSite News attended Kline’s ethics hearings and wrote the following article about the failure to report child abuse in Kansas -

A Kansas Travesty, by Pete Smith

Award winning and nationally recognize blogger Jill Stanek also attended the ethics hearing and posted this article -

Abortion Doc Failed to Report 164 Cases of Child Rape

Nationally Syndicated Columnist Michelle Malkin:  A Kansas Horror

Live Action is a prolife organization led by Lila Rose which is dedicated to uncovering Planned Parenthood corruption.  The group has published several undercover videos revealing Planned Parenthood ignoring child rape.  They wrote:

Planned Parenthood Covers Up Child Rape

You can read how Sebelius appointee Stephen Six helped Dr. Tiller escape prosecution by reading: The Flim Flam Flummox Defense – How Dr. Tiller Avoided Conviction with Mr. Six’s Help

Kansas for Life has written several articles regarding Kansas news, including this latest article:

Kansas PP Prosecution Delayed by State-Destroyed Evidence

Planned Parenthood case continues w/o felony charges

Operation Rescue posted:

Kansas Planned Parenthood Hearing Delayed After Revelation of Evidence Destruction

and also:

Former AG Six Shredded Evidence, 58 Criminal Counts Proceed Against Planned Parenthood

Former Kansas Attorney General and Stephen Six has now appeared before the Senate Judiciary Committee and provided written and oral testimony regarding his nomination to the 10th Circuit Court of Appeals. What Mr. Six failed to tell the committee, however, is the crucial role his office played in preventing Dr. Tiller from facing justice.  (You can read how Dr. Tiller escaped justice here).

In response to this testimony former Kansas Attorney General wrote an earlier column detailing Mr. Six’s efforts to prevent evidence of Planned Parenthood’s criminal conduct from being used against Planned Parenthood.  (See Why the Senate Should Reject Six). Mr. Kline also pointed out how Mr. Six’s oral and written testimony were misleading.

The revelation that Mr. Six used the power of his office to thwart a criminal investigation and prosecution has led to a delay in the committee vote on Mr. Six’s nomination.  Furthermore, last week, Kansas Senators Pat Roberts and Jerry Moran announced their opposition to Mr. Six.  Senator Roberts referred to concerns about Mr. Six’s testimony when announcing their opposition.

Now, Mr. Kline has written another column: The Flim Flam Flummox: How Tiller Escaped Justice and the Defense of Planned Parenthood.  In the column Mr. Kline provides greater detail of Mr. Six’s role in interfering with the Planned Parenthood investigation.

But more importantly, Mr. Kline details how late-term abortionist Dr. George Tiller, with the help of AG’s Morrison and Six, avoided the substantive charges filed by Kline.  Mr. Kline provides source documents and evidence which never reached open court and explains how AG Six rehabilitated Dr. Tiller’s image by tubing Dr. Tiller’s criminal prosecution.

This column and the source documents can be found at: http://plannedparenthoodcorruption.org/news/sixandtillerflimflam/

You can support Mr. Kline in his legal battles to ensure that our nation’s abortion clinics are held accountable to the rule of law by making your tax deductible contribution.  You can do so by clicking on this link, or the button at the top of this page.   Please consider offering your support now.

Governor Sebelius and Stephen Six

In January 2008, Kansas governor Kathleen Sebelius appointed Stephen Six as Kansas Attorney General to replace Paul Morrison who was forced to resign in a sex and legal scandal.[1] Six then used the power of his office to thwart, delay and interfere with the only criminal case ever filed against abortion giant Planned Parenthood. It is for this purpose that Sebelius appointed Six and it is for a job well done that President Obama has nominated Six to the 10th Circuit Court of Appeals. Planned Parenthood is a large benefactor of Sebelius and the President[2].

The criminal case against Planned Parenthood alleges the abortion giant committed 107 criminal acts, including 23 felonies. Planned Parenthood may lose $350 million plus in annual federal funding if convicted.[3] On October 17, 2007, as Johnson County District Attorney, I charged Planned Parenthood with crimes after Johnson County Judge James Vanos reviewed my evidence over 8 hours and two days and found probable cause to believe Planned Parenthood committed the illegal acts.

Vanos become the second Judge to find probable cause in the Planned Parenthood prosecution that I investigated while Attorney General and then later filed as District Attorney.[4] The charges are based on records redacted of patient identities which were subpoenaed by Shawnee County District Judge Richard Anderson in October of 2004.[5] Typically law enforcement can receive such records with patient names within three working days, yet here Planned Parenthood was able to delay use of the records for three years.[6]

Today, more than six years after the original records were subpoenaed, the criminal charges against Planned Parenthood have yet to reach trial. Much of this delay is due to Six. Six’s actions include: 1) pursuing two lawsuits aimed at returning the evidence against Planned Parenthood to Planned Parenthood[7]; 2) obtaining secret orders to silence a key witness[8]; and 3) suing the prosecutor (myself) in an effort to remove from my office the evidence against Planned Parenthood.[9]

During his nomination hearing before the Senate Judiciary Committee, Six was asked about these actions.[10] Six’s answers were so vague and evasive Senator Chuck Grassley of Iowa requested that Six provide his answers in writing. He has – and these written responses are even more deceptive.[11]

Six portrays his attacks on the prosecution of Planned Parenthood as merely “seeking guidance” from the Kansas Supreme Court on how to handle “sensitive” records. The “sensitive” records of which Six speaks are records required to be maintained be statute for the purpose of enforcing Kansas abortion law and redacted medical records which do not contain any patient identities.[12]

Both sets of records are necessary for enforcing Kansas restrictions on late-term abortion and for enforcing Kansas law requiring the report of child rape by medical providers. It is these records which revealed that during a time when 166 abortions were performed on underage children in Kansas, that Dr. George Tiller and Planned Parenthood only each reported one case of child rape.[13]

Six worked overtime, coordinating with the Sebelius legal efforts to prevent these enforcement records and redacted medical records from being used against Planned Parenthood.[14] Sebelius is now Secretary of Health and Human Services for the Obama Administration. In that position Sebelius oversees abortion clinic compliance with state laws requiring the report of child rape. The very type of investigation Sebelius helped prevent while Governor.[15]

Six repeatedly justifies his actions based on patient privacy and the claim that Judge Richard Anderson indicated that the records could result in identifying a patient. Six’s representation of Anderson’s statements is misleading. Anderson was the judge who issued the subpoena of the records in the first place. In response to a question posed by Planned Parenthood’s attorneys, Anderson only conceded that a patient could identify their own records[16].

Anderson repeatedly stressed, however, that a third party could not identify a patient from the records. The records are so scrubbed of patient identities that they go further than HIPPA, the federal government medical record privacy act. Anderson was so convinced that the records should be used in a criminal prosecution against Planned Parenthood that he vigorously fought Six’s lawsuit to have all the evidence against Planned Parenthood to Planned Parenthood.[17]

Six fails to mention these observations by Anderson and Anderson’s criticism of Six’s efforts. Furthermore, the abortion patient obviously knows they had an abortion – redacting records to the point that a patient could not identify their own records, renders the record meaningless for any purpose. In January of 2008, a key witness testified at a hearing in the criminal case I filed against Planned Parenthood.

That witness, in pleadings and testimony indicated that Planned Parenthood apparently committed felonies to cover-up misdemeanors by manufacturing records in response to a subpoena. The witness even mentioned a handwriting expert who confirmed the documents were not what Planned Parenthood claimed.[18] In media accounts, Planned Parenthood remarkably claimed that it did not use copy machines in 2003 and 2004 and that it was forced to hand reproduce all copies.

In response to this evidence of criminality by Planned Parenthood, Six promptly and secretly petitioned the Kansas Supreme Court to silence that witness.  The Supreme Court, without notifying me or anyone involved in that prosecution, granted the request. A majority of the Court had been appointed by Sebelius, for life.[19] Kansas does not require a confirmation process for the appointments.

I later learned of Six’s efforts when I subpoenaed that witness for another hearing. The witness informed me of the secret order and I was forced to appeal that order back to the very court that issued the order – the Kansas Supreme Court. In October of 2010, more than two years after the subpoena, the Supreme Court reversed itself and allowed the witness to testify – but the damage was done. The case was delayed for another two years.

More than six years after the original subpoena and probable cause finding, the Planned Parenthood case has yet to reach trial. It was Six who orchestrated much of this delay.

Additionally, Six teamed with the Sebelius Administration to prevent my access to the compliance reports in possession of the Sebelius Administration. Six filed motions and briefs in support of Governor Sebelius’ claim that my office could not use the very reports the legislature intended to be used in criminal proceedings such as the case I filed. In response to repeated queries by Senators regarding Six’s efforts to coordinate strategies with the Sebelius Administration Six stated he did not recall any such efforts, that he did not speak with Sebelius about “criminal” cases and that his “criminal division” did not coordinate with Sebelius.[20]

Six fails to mention that his “civil division” coordinated the efforts on behalf of Planned Parenthood.[21] Six’s criminal division was not involved because Six refused to consider charges against Planned Parenthood. Six also maintains that the Attorney General does not have any authority to file abortion charges. Six claims that only a District Attorney could file such charges.

It is this legal position which defeated the only substantive charges against Dr. George Tiller – charges I filed in December of 2006, while Attorney General.[22] Yet, when I was District Attorney filed charges against Planned Parenthood, Six maintained the legal position that only his office could be in possession of the evidence against Planned Parenthood.

Accordingly, Six now claimed that the only office, his office as Attorney General, which was unable to file charges against Planned Parenthood should have the evidence while the only office which could file charges, my District Attorney’s Office should be forced to give up the evidence. This apparent inconsistency cannot be explained by law. Rather, Six’s actions can only be rendered consistent if you consider his motivation as preventing any criminal charges against Planned Parenthood from moving forward.

Six’s a lack of candor and actions should not be rewarded with an appointment to an appellate court position.

Planned Parenthood is a primary political benefactor of former Governor Kathleen Sebelius.[23] Every public position held by Six was a result of a Sebelius appointment.[24] Planned Parenthood’s $1 billion of annual revenue stands to be reduced by 33% if convicted. Six’s use of his office to protect the interests of a large corporate benefactor of a Governor who appointed Six to office would scream corruption but for the injection of abortion politics.

Six’s willingness to sue a judge, sue a prosecutor, obtain secret ex parte orders to silence witnesses in order to protect a major political player; and his deception of the Senate regarding such efforts – clearly disqualify him for consideration to the federal bench.

You can learn more about author Phill Kline at www.standwithtruth.com Learn more about Phill Kline’s battle to enforce Kansas laws protecting children and restricting abortion at www.plannedparenthoodcorruption.org

To find source documents cited in this column you may also click this link.

Footnotes.  Note:  All cited source documents on the Internet may be viewed by clicking here.

[1] Morrison resigned while facing allegations that he had an affair with a woman working for then Johnson County District Attorney Phill Kline. The allegations included claims by the woman that Morrison attempted to use their relationship to interfere with Kline’s investigation of Kansas abortion clinics. Carl Manning, Morrison Steps Down amid Scandal over Extramarital Affair, Assoc. Press (Dec. 15, 2007).

[2] See e.g., www.plannedparenthoodcorruption.org/library-of-documents/

[3] In fiscal year 2009 (ending on June 30, 2009) Planned Parenthood reported total revenues of just over $1.1 billion of which $363 million was federal taxpayer funds. Planned Parenthood Federation of America Annual Report (2009)(available at www.plannedparenthoodcorruption.org).

[4] In 2003, as Attorney General, I opened an investigation into Planned Parenthood’s failure to report child rape and criminal late-term abortion. The effort inspired numerous lawsuits by Planned Parenthood delaying the production of necessary records. In 2006, I was defeated by Sebelius recruited abortion funded Paul Morrison who ran his successful campaign promising to end my investigation of the clinics claiming the effort was a “witch hunt” and “invasion of privacy.” See, e.g., John Hanna, Voters decide whether to oust Kline in bitter AG’s race, Assoc. Press (Nov. 7, 2006)(“Morrison made Kline’s two-year pursuit of patient records from two abortion clinics a major issue, accusing him of abusing his office and invading patients’ privacy”).

[5] Judge Anderson has stated “the medical records were completely deidentified” and “no patient could be identified from review of any medical file.” Six v. Anderson, Case No. 99,050 (2007)(Additional Response to Petition for Mandamus by Respondent Richard Anderson, District Judge, page 2 (October 19, 2007)(document available at: www.plannedparenthoodcorruption.org/library-of-documents/)(hereinafter “Anderson Response”).

[6] Medical records are routinely used by law enforcement and are almost always used in cases of child rape and must be used to enforce laws restricting abortion. The use of such records, with identities, is so routine, that law enforcement use is exempt from HIPPA, the federal government medical record privacy act. See, e.g., 45 CFR 164.512(c) and (f)(1)(ii)(A)-(B).

[7] Six forwarded two original Mandamus actions in an effort to retrieve all evidence of Planned Parenthood’s criminality and return that evidence to Planned Parenthood. Morrison/Six v. Anderson, No. 99050 (October 19, 2007) and Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri and Morrison/Six v. Kline, 287 Kan. 372, 197 P.3d 370(2008)(hereinafter “PP/Six v. Kline”).

[8] Protective Order, Six v. Anderson (April 4, 2008)(order available at: www.plannedparenthoodcorruption.org/library-of-documents/; Six’s motion available at : http://plannedparenthoodcorruption.org/library-of-documents/

[9] Comprehensive Health of Planned Parenthood and Stephen Six v. Kline, 197 P.3d 370 (2008)(you can listen to the oral argument in this case here: ).

[10] See Analysis of Testimony of Stephen Six before S. Comm. on the Judiciary (May 24, 2011), and appended partial transcript.

[11] http://judiciary.senate.gov/nominations/112thCongressJudicialNominations/upload/StephenSix-QFRs.pdf (Six written responses; also available at: www.plannedparenthoodcorruption.org/library-of-documents/).

[12] See, e.g., Anderson Response, available at: www.plannedparenthoodcorruption.org/library-of-documents/

[13] Affidavit of Thomas D. Williams, Special Agent of the Kansas Attorney General, at paragraph 3, page 2 (May 26, 2004). Agent Williams indicates that State records reveal that during a time of more than 166 abortions on underage children that abortion providers in Kansas only reported 4 cases of child rape. Further review indicated that one of the reports was from Planned Parenthood and one from Dr. Tiller. I was prevented from pursuing this investigation further due to various delays occasioned by the Kansas Supreme Court and obstacles erected by the Sebelius and Morrison administrations. You can view the affidavit here: www.plannedparenthoodcorruption.org/library-of-documents/

[14] See KSA §65-445.

[15] In March 2002, my office requested information relating to the reports of child rape from the Sebelius run Kansas Social and Rehabilitation Services (“SRS”) the Kansas child welfare agency. SRS refused to provide information unless they were fully informed of the target of the investigation. Furthermore, the agency took more than 6 months to compile the requested information after receiving a subpoena. Later, the Sebelius administered Kansas Department of Health and Environment (“KDHE”) vigorously fought subpoenas for abortion reports. The reports are required by Kansas statute, do not contain patient names and are required so that law enforcement may access the records to ensure abortion clinics are complying with Kansas law. See, e.g., Williams Affidavit (May 26, 2004)(document available here: www.plannedparenthoodcorruption.org/library-of-documents/

[16] See, Six Deceives the Senate, www.plannedparenthoodcorruption.org/library-of-documents/, summarizing Anderson’s and Six’s testimony.

[17] Anderson Response.

[18] Id., see also, Kansas v. Planned Parenthood, Case No. 100,726 (October 20, 2010), Hearing Transcript, Kansas v. Planned Parenthood, Case No. 07 CR 2701 (January 18, 2008).

[19] Sebelius appointee Justice Carole Beier has written all of the court’s opinions relating to these issues, often speculating and utilizing the opportunity to criticize the investigation. Justice Beier was formerly employed by the leftist and pro-abortion National Women’s Law Center.

[20] See, e.g., General Six’s Oral Testimony Before the Senate Judiciary Committee, pgs. 2-3, partial transcript available at www.plannedparenthoodcorruption.org/library-of-documents/ See also, General Six’s written responses to questions posed by Senator Grassley available at the same website.

[21] Six joined with KDHE to oppose my access to the compliance reports. In contrast to Six’s recalcitrance, his successor, Derek Schmidt, has designated a Johnson County District Attorney as an Assistant Attorney General so that the reports can be used in the prosecution. State’s Response to Defendant’s Motion for Protective Orders, Kansas v. Planned Parenthood (alternatively styled State v. CHPP), No. 07CR2701, at 4 (May 25, 2011).

[22] District Attorney Nola Foulston obtained an ex parte order dismissing my charges claiming that the Attorney General did not have jurisdiction. This motion came without notice to me despite my personally giving Ms. Foulston advance notice of the charges. Foulston responded by stating “I won’t stand in your way.” Foulston, however, obtained her ex parte order dismissing the substantive Tiller charges from a judge assigned to traffic court who did not review the evidence. I dismissed this decision but when AG Morrison assumed office he dismissed the appeal. AG Six refused to entertain a refilling of the charges – the only substantive charges ever filed against Dr. Tiller.

[23] See, e.g., Kansas Political Money, Powerpoint presentation by Mr. Earl Glynn of Kansas Watchdog, available at: www.plannedparenthoodcorruption.org/library-of-documents/

[24] Governor Sebelius appointed Six to District Court Judge and Sebelius appointed Six Attorney General after Morrison’s resignation. Sebelius and Six were active in the Kansas Trial Attorneys were Sebelius was once Executive Director.