Judge in David Daleiden Case May be Forced to Step Down Over Planned Parenthood Connection

National   Steven Ertelt   Mar 2, 2018   |   1:34PM    San Francisco, California

The judge overseeing the lawsuits filed against the man responsible for exposing Planned Parenthood’s sale of aborted baby parts has been heavily criticized for his connections to Planned Parenthood. Now, the judge, who tried to censor further videos exposing the abortion industry, may be forced to step down as a result.

Last December 2017, the legal team for undercover citizen journalist David Daleiden, who exposed the abortion industry’s role in the trafficking of aborted baby body parts, filed a petition for an “extraordinary writ of mandamus” in the United States Court of Appeals for the Ninth Circuit. The petition asked that the appellate court order that William Orrick, a San Francisco federal judge, step down from presiding over two lawsuits, owing to an apparent conflict of interest and other facts creating the appearance of bias.

On Wednesday, February 28th, a three-judge “motions panel” ruled that Daleiden’s “petition for writ of mandamus raises issues that warrant an answer.”

The panel ordered that the abortion groups suing Daleiden in Judge Orrick’s courtroom, namely, Planned Parenthood Federation of America, its many California-based affiliates as well as others, and the National Abortion Federation, file answers to the mandamus petition within 14 days.

The panel further directed that in their answers, the abortion groups “shall address the basis for the district court’s denial of [Daleiden’s] motion for disqualification of Judge William H. Orrick under 28 U.S.C. Secs. 144, 455(a) and 455(b)(1).” And the panel specified that, “in particular,” the answers [shall] address Judge Orrick’s relationship with Good Samaritan Family Resource Center.”

The three-judge panel is comprised of Senior Circuit Judge William C. Canby, Jr., Senior Circuit Judge Stephen S. Trott, and Circuit Judge Paul J. Watford. They added in their terse order that Judge Orrick might also “address the petition if [he] so desires,” either by filing an answer in the 9th Circuit Court of Appeals or by issuing an order and serving a copy on the appellate court. Daleiden is to file a reply in 5 days after service of the answers, and all relevant papers “shall be referred to the next available motions panel.”

The order was to be served not only on Judge Orrick, but also on District Judge James Donato, to whom Judge Orrick had referred Daleiden’s initial motions for disqualification and who denied both of them.

Peter Breen, Thomas More Society Special Counsel, responded to the latest developments.

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He said:

“We welcome this ruling by the 9th Circuit panel as we were asking the court to order Judge Orrick to do what he should have done preemptively on his own…that is, recuse himself and step aside from presiding over a case in which he has had a direct, personal, and decades-long relationship with an organization whose property and employees were alleged by the abortion provider plaintiffs to be endangered by our client’s citizen journalism, namely, the Good Samaritan Family Resource Center (GSFRC), of which he was a founder and longtime officer and director, and which houses one of the plaintiff PPFA affiliate’s facilities.

This relationship was established during Judge Orrick’s leadership tenure on the board, and GSFRC continues in an active joint venture with this plaintiff PPFA affiliate. At the same time, Judge Orrick has been held out to the public as serving as an Emeritus Board Member of GSFRC. This relationship was not discussed to the parties, nor did Judge Orrick disclose its full extent or duration to the U.S. Senate during his confirmation process.”

Other facts were also cited as having created the appearance of bias, Breen indicated.

Judge Orrick issued a gag order, which Daleiden is asking the U.S. Supreme Court to strike down as an illicit “prior restraint” on free speech, censoring Daleiden’s remaining video footage taken at NAF annual meetings in 2015 and 2016. On Monday, February 26th, NAF’s counsel filed its opposition to the Supreme Court hearing the appeal. Earlier, NAF had formally waived its right to respond, but the justices ordered that it respond.

A copy of the filed petition for a writ of mandamus in Planned Parenthood et al v. the Center for Medical Progress et al and National Abortion Federation v. the Center of Medical Progress et al is available here

The expose’ videos catching Planned Parenthood officials selling the body parts of aborted babies have shocked the nation. Here is a list of all 15:

  • In the first video: Dr. Deborah Nucatola of Planned Parenthood commented on baby-crushing: “We’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.”
  • In the second video: Planned Parenthood’s Dr. Mary Gatter joked, “I want a Lamborghini” as she negotiated the best price for baby parts.
  • In the third video: Holly O’Donnell, a former Stem Express employee who worked inside a Planned Parenthood clinic, detailed first-hand the unspeakable atrocities and how she fainted in horror over handling baby legs.
  • In the fourth video: Planned Parenthood’s Dr. Savita Ginde stated, “We don’t want to do just a flat-fee (per baby) of like, $200. A per-item thing works a little better, just because we can see how much we can get out of it.” She also laughed while looking at a plate of fetal kidneys that were “good to go.”
  • In the fifth video: Melissa Farrell of Planned Parenthood-Gulf Coast in Houston boasted of Planned Parenthood’s skill in obtaining “intact fetal cadavers” and how her “research” department “contributes so much to the bottom line of our organization here, you know we’re one of the largest affiliates, our Research Department is the largest in the United States.”
  • In the sixth video: Holly O’Donnell described technicians taking fetal parts without patient consent: “There were times when they would just take what they wanted. And these mothers don’t know. And there’s no way they would know.”
  • In the seventh and perhaps most disturbing video: Holly O’Donnell described the harvesting, or “procurement,” of organs from a nearly intact late-term fetus aborted at Planned Parenthood Mar Monte’s Alameda clinic in San Jose, CA. “‘You want to see something kind of cool,’” O’Donnell says her supervisor asked her. “And she just taps the heart, and it starts beating. And I’m sitting here and I’m looking at this fetus, and its heart is beating, and I don’t know what to think.”
  • In the eighth video: StemExpress CEO Cate Dyer admits Planned Parenthood sells “a lot of” fully intact aborted babies.
  • The ninth video: catches a Planned Parenthood medical director discussing how the abortion company sells fully intact aborted babies — including one who “just fell out” of the womb.
  • The 10th video: catches the nation’s biggest abortion business selling specific body parts — including the heart, eyes and “gonads” of unborn babies. The video also shows the shocking ways in which Planned Parenthood officials admit that they are breaking federal law by selling aborted baby body parts for profit.
  • Unreleased Videos: Unreleased videos from CMP show Deb Vanderhei of Planned Parenthood caught on tape talking about how Planned Parenthood abortion business affiliates may “want to increase revenue [from selling baby parts] but we can’t stop them…” Another video has a woman talking about the “financial incentives” of selling aborted baby body parts.
  • The 11th video: catches a Texas Planned Parenthood abortionist planning to sell the intact heads of aborted babies for research. Amna Dermish is caught on tape describing an illegal partial-birth abortion procedure to terminate living, late-term unborn babies which she hopes will yield intact fetal heads for brain harvesting.
  • The 12th video in the series shows new footage of Jennefer Russo, medical director at Planned Parenthood in Orange County, California, describing to undercover investigators how her abortion business tries to harvest intact aborted babies’ bodies for a local for-profit biotech company and changes the abortion procedure to do so.
  • The 13th video: exposes a Planned Parenthood medical director admitting that babies born alive after abortion are sometimes killed.
  • The 14th video: catches Planned Parenthood executives discussing gruesome abortion procedures and the sale of body parts from aborted babies for profit.
  • The 15th video catches Planned Parenthood showing off arms and legs of aborted babies for sale.