PRO-LIFE FORMER AG SUES JUDGES WHO STRIPPED HIM OF LAW LICENSE

Phill Kline faced heat after filing criminal charges against Planned Parenthood

by Bob Unruh
WND.com

Phill Kline, the former Kansas attorney general who brought criminal charges against Planned Parenthood years before its body-parts trade was exposed, is suing the Kansas Supreme Court judges who rejected his case, indefinitely suspended his license and then stonewalled accusations of a pro-abortion bias.

During his four years in office, Kline investigated the abortion cartel in his state, including late-term abortion specialist George Tiller, who was supported by then-Gov. Kathleen Sebelius. Kline discovered dozens of cases of abortions of underage children that should have been reported to authorities.

With the approval of several district court judges, Kline prepared a long list of criminal counts against the abortionists.

But the politically connected industry – Tiller had been socially entertained by Sebelius – first spent $2 million to defeat Kline in his bid for re-election and then orchestrated the dismissal of the charges. Kline ultimately was accused of handling the charges improperly, and his law license in Kansas was suspended..

According to Kline’s lawyers, he now has filed a complaint for declaratory and injunctive relief in federal court in Kansas against the justices of the state Supreme Court and the replacement judges who issued the Oct. 18, 2013, decision.

Five of the justices had to recuse from Kline’s case, and his federal lawsuit explains the substitutes failed to meet the state constitution’s requirements for a judicial panel.

The case also names Kansas Disciplinary Administrator Stan Hazlett.

Read the tested and proven strategies to defeat the abortion cartel, in “Abortion Free: Your Manual for Building a Pro-Life America One Community at a Time.”

The complaint alleges multiple other procedural and constitutional failings by the state court, including due process and equal protection violations, the unlawful composition of the court, arbitrary conduct, conflict of interest and openly illegal actions of a court clerk. One court system employee even tweeted insults to Kline from inside a courtroom during one of the hearings on the case.

In a statement prepared on the dispute, Thomas W. Condit, the Cincinnati lawyer who had argued Kline’s case at the time, said: “Phill Kline was a highly well-respected attorney general who has a great respect for the rule of law. I have spent enough time with hi[m] to know that beyond any doubt. The idea that he ever attempted to lie or to mislead a court is preposterous.”

He continued: “The panel of attorneys who heard Kline’s disciplinary case and the jurists who sat in violation of the Kansas Constitution to attack his law license should be ashamed of their own lawlessness and the objective falsehoods in their own decisions. Mr. Kline set out to protect young girls from sexual abuse and to enforce the abortion laws passed by the people of Kansas. What he encountered was the tentacles of the abortion industry, apparently touching and corrupting everything in its way. This has been the worst abortion jurisprudence I have ever seen, and I have litigated pro-life cases for 26 years. It can only be described by a four-letter word: EVIL.”

The statement noted the allegations in the federal court lawsuit. Among them are:

A special counsel “appointed for a Johnson County grand jury, conspiring and crafting a secret agreement with Planned Parenthood that subverted the purpose of the grand jury”;
The attorneys on an ethics panel investigating Kline had contributed financially to his opponents and then refused to voluntarily disclose that detail;
Hazlett deliberately withheld exculpatory evidence;
“Misrepresentations” from the Kansas Supreme Court that found Kline “guilty of things he did not say and did not so.”
Kline became in 2003 the first chief prosecutor of any state to “investigate and prosecute both Planned Parenthood and late-term abortionist George Tiller.”

He brings the case now against Daniel Biles, Nancy Moritz, Henry Green Jr., Karen Arnold-Burger, Edward Bouker, Bruce Gatterman, Michael Malone, Carol Green, Hazlett, Lawton Nuss, Carol Beier, Marla Luckert, Lee Johnson, Eric Rosen and Caleb Stegall, all clerks or judges either linked to the attacks on Kline or in a position to provide relief.

Some “individually and collectively, acted contrary to both the United States Constitution and the Kansas Constitution to impose an illegitimate and void suspension of Mr. Kline’s Kansas law license,” the complaint charges. “By such conduct, those defendants deprived Mr. Kline of a valuable property interest without due process of law. Some of the other defendants, individual and collectively, have violated Mr. Kline’s due process and equal protection rights in the past and, subject to the nature and extent of relief obtained in this action, pose a real and substantial risk of violating them in the future by the arbitrary application of laws, rules and procedures.”

The complaint explains the key point of Kline’s investigation, that “data obtained from [the Department of Social and Rehabilitation Services] and from the Kansas Department of Health and Environment revealed that 166 abortions had been performed on children age fourteen and under, including multiple late-term abortions.”

The abortions mostly had been done at Tiller’s Women’s Health Care Services and the Planned Parenthood clinic in Overland Park.

Shawnee County Judge Richard Anderson, on evidence found by Kline, found “probable cause that crimes had been committed and that the clinic records contained evidence of those crimes … [including] child rape and illegal late-term abortions.”

But the abortionists went directly to the state Supreme Court for help in quashing the cases, and a ruling was issued that authorized collection of the records. However, it was delayed until just weeks before that $2 million campaign succeeded in defeating Kline’s bid for re-election.

“In effect, the court delayed Mr. Kline’s investigations until he could do nothing about the evidence he had obtained,” the complaint states.

His successor, Paul Morrison, had announced, “without having seen the evidence, that he would not prosecute the centers.”

Read the tested and proven strategies to defeat the abortion cartel, in “Abortion Free: Your Manual for Building a Pro-Life America One Community at a Time.”

But since Kline immediately was appointed the prosecutor in Johnson County, where Planned Parenthood is located, he continued that segment of the case until Morrison joined with Planned Parenthood to demand “all copies” of records he had obtained.

Meanwhile, a separate judge found probable cause that Planned Parenthood committed at least 23 felonies, and charges were filed by Kline.

Later, when the Supreme Court complained about Kline’s investigation, the disciplinary agency’s own investigation revealed there was “no probable cause” to proceed against Kline, but the report was immediately suppressed, according to the complaint.

The complaint explains the decision to punish Kline was invalid, because the state constitution requires all cases to be heard by at least four justices.

When five of the seven justices recused because of their involvement in actions against Kline, other judges from the state were summoned to participate by one justice, who had no such constitutional authority, it alleges.

A subsequent filing with the state court from Kline seeking to raise the issues was returned by the clerk.

WND reported, when the state attacks on Kline were winding down, that the state Kansas Supreme Court simply refused to respond to charges the justices were biased.

Dana Cody, executive director of Life Legal Defense Foundation, at the time called the state Supreme Court’s decision an “outrageous political lynching.”

“Phill courageously fought to enforce the law against abortion providers, particularly Planned Parenthood, and has been paying the price ever since. He deserves a fair hearing before an unbiased tribunal,” Cody said.

At the time, Condit had noted that the court took only five days to deny a 90-page motion “that proved objectively that the court’s opinion misrepresented Mr. Kline’s conduct in at least six different ways.”

“In doing so, this court has joined the abortion industry in Kansas, the disciplinary administrator, the so-called ethics panel, and the pre-recusal court in a willful distortion of the facts to unjustly condemn Kline,” he said. “The court’s unwillingness to answer Mr. Kline’s challenge to its own distortions will reinforce the belief of many observers that the Kline case was a sham from the beginning.”

Court officials have repeatedly declined to comment to WND.

At the time the case was looming, WND commentator Jack Cashill pointed out Kline’s discoveries.

“Of the 166 abortions performed on girls under 15 in the years 2002 and 2003, the clinics reported only three cases to the state Department of Social and Rehabilitation Services. They should have reported all 166. Kline was prepared to press charges against both Tiller and CHPPKM. For reasons of ideology and campaign finance, Sebelius could not let this happen.”

He continued, “Wanting to make an example of Kline lest some other prosecutor challenge Planned Parenthood in the future, the activists on the Supreme Court prompted an ethics investigation into Kline’s handling of the abortion cases.”

The newest investigation of Planned Parenthood, by the pro-life Center for Medical Progress, has prompted investigations by both state and congressional committees. Texas has withdrawn funding from Planned Parenthood, and similar efforts are under way at the national level.

CMP set up a fake company and sent investigators with concealed video cameras to Planned Parenthood clinics.

Planned Parenthood officials were caught haggling over the price of baby body parts. A number of them talked about being paid per item, how they could adjust abortion procedures to salvage requested body parts and how they could create a revenue stream from such transactions.

Two different expert investigations have concluded that the videos are substantially accurate.

WND reported a congressional panel has subpoenaed and received all of the uncut videos.

One video shows a Planned Parenthood executive worried about being “low-balled” in the sale of the body parts of aborted babies. In another, a Planned Parenthood executive explains the availability of “intact” fetal bodies. Another revealed an abortion executive talking about altering procedures to obtain the human organs that researchers would want.

Another video features a former abortion worker explainin she was told to remove the brain from an aborted child whose heart was still beating.

In the first undercover video released by CMP, Deborah Nucatola of Planned Parenthood commented on crushing babies.

“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,” she said.

See the first video:
In the second video, Planned Parenthood’s Mary Gatter said, “I want a Lamborghini.” See her comments:

In the fifth, Melissa Farrell of Planned Parenthood’s Houston clinic discusses “intact fetal cadavers”:

The seventh video has the testimony of a Planned Parenthood worker who tapped an aborted infant’s heart and saw it start beating.

And No. 8 has Cate Dyer, CEO of Stem Express, admitting Planned Parenthood sells fully intact aborted babies.

WND has reported on the videos as they have been released. They are posted online.

http://www.wnd.com/2015/10/pro-life-former-ag-sues-judges-who-stripped-him-of-law-license/#jZhIC3O7ud2ygA84.99