Bleeding Kansas

1. Bleeding Kansas Abortion Capital of the Nation.

2. Strong Pro-Life Laws • Strict prohibitions on late-term post-viable abortions. Such abortions are only allowed when either • Mother’s life is in danger (has occurred zero times since law passed); or • Two physicians find there will be substantial and irreversible damage to a major bodily function of the mother. • KSA §65-6703

3. But – Kansas leads the nation in late-term abortions • George Tiller of Wichita is one of the nation’s leading late-term abortionists. • Mocking the law: • In the early 1990’s, when Kansas only allowed late-term abortions for severe fetal anomaly; Tiller called cleft pallet, down’s syndrome and health twins a severe anomaly justifying post-viable abortions. Tiller reasoned that having twins was not normal, and therefore an anomaly, and that twins can have a severe economic impact on the family. • Now Tiller finds severe and irreversible damage to a major bodily function when the mother will have to hire a babysitter to attend concerts or can’t compete in rodeo if she has the child. (See video statement by Dr. Paul McHugh here).

4. No One Ever Has Enforced Criminal Prohibitions Against Abortionists. • Phill Kline is the first prosecutor since Roe v. Wade to obtain records from inside an abortion clinic. • Former US Attorney General John Ashcroft tried to obtain such records when defending the federal partial-birth abortion ban. Ashcroft backed off due to political pressure.

5. What they stand to lose? • Already over 60 national organizations have signed a petition to members of congress urging them to withdraw the $350 million of annual federal funding for Planned Parenthood based on Kline’s charges. • Title X funding requires compliance with state and federal law.

6. Who Recognizes the Threat? • Planned Parenthood named Phill Kline one of 15 “domestic terrorists” in 2006. Others named include, Chief Justice John Roberts, Justice Samuel Alito, Fr. Frank Pavone and James Dobson. • Kline, however, was the only elected official so named.

7. What they did about the threat that Kline posed. • Spring 2006, Democratic Governor’s Association – Governor Sebelius stands with Cecile Richards, Pres. Planned Parenthood and announces a pilot micro-targeting effort in Kansas to unseat Phill Kline. Millions are funneled to various non-profits for voter identification, voter persuasion and voter turnout. The effort primarily targeted Johnson County. • George Tiller pours hundreds of thousands of dollars through various non-profits and PAC’s to defeat Kline. • You can read a report on Tiller’s money here. The report does not include the hundreds of thousands of dollars of Planned Parenthood monies spent against Kline. Kansas mainstream media largely ignored this story.

8. KC Star Carries the Water • The Kansas City Star deceives the public about Kline’s investigation and runs over 30 negative editorials regarding Kline, including a cartoon of Kline molesting a young girl on a park bench. Most of the editorials are misleading and/or false. • The editorials join with a news policy of generating false controversy around Kline and underreporting Kline’s successes. • In 2006, the Star wins Planned Parenthood’s “Maggie Award” for how they treated Kline in the 2006 election. (see the Star celebrated on Planned Parenthood’s website here).

9. Basic Truth is Unknown to Kansans • Kline’s successes are under or un-reported. • Kline’s efforts outside of abortion are not reported. • Kline has never sought the names of adult women. • The patients are not under investigation and cannot be prosecuted. • Every Judge who has looked at Kline’s evidence has found probable cause to believe the clinics have committed crimes. (So far four judges in five separate reviews). • Kline has now been personally sued by abortion industry representatives three times in five years. • Kline and his family have received death threats and harassments.

10. What Judges Have Said About Kline’s Evidence • Judge Eric Yost finds probable cause to charge Tiller with crimes. • Judge James Vano finds probable cause to charge Planned Parenthood with crimes. • Judge Richard Anderson: • Gave Kline permission to take the Planned Parenthood records to Johnson County. • The records produced by Planned Parenthood appear to be “manufactured. • The “evidence raises substantial factual and legal issues about Planned Parenthood’s compliance with law.” • The records contain “evidence of crimes that need to be evaluated.” • It appears that “someone could have committed a felony to cover-up a misdemeanor. • Patient privacy is protected and the records contain no identities. (a summary of Judge Anderson’s findings with supporting documents can be viewed here).

11. Obstruction? Timeline of a Cover-Up Fall 2005 – Morrison, recruited by Sebelius, announces he will switch parties and run for AG. Morrison is critical of Kline’s “witch-hunt” involving abortion records. September, 2006 – Morrison informs the Lawrence Journal World that he would end Kline’s investigation if elected AG. (read story here). 11/5/06 - Morrison’s campaign benefits from millions of abortion industry monies and he prevails. (read Kansas Meadowlark report here). 12/10/06 – Kline elected District Attorney over Rick Quinn and Steve Howe. Quinn withdraws to endorse Howe at the last moment.

12. Timeline cont. 12/21/06 – Kline files 30 charges against Tiller. Judge Yost finds probable cause. (See the criminal complaint against Tiller here). 12/22/06 – Unknown to Kline, Nola Foulston obtains a dismissal from a traffic court judge who did not review the evidence, claiming the AG did not consult with her first. Foulston’s office sign in sheet shows Kline was there for an hour prior to filing charges and Kline claims they did consult. (Read Worldnet Daily News story on these developments here). 12/27/06 – Kline announces that he has hired Democrat lawyer Don McKinney to appeal the case as Kline leaves office.

13. Timeline continued… 1/08/07 – Morrison is sworn in as AG. Kline sworn is as District Attorney. 1/8/07 – Kline fires eight of the over one hundred employees at the DA’s office; Morrison fires over 40 of the 100 employees at the AG’s office. Kline is assaulted by Kansas media for the firings. The Morrison firings are ignored by the media. 1/9/07 – Judge Anderson informs Morrison that Kline left a report detailing the location of relevant files and a copy of the records for Morrison with the Judge. 1/10/07 – Kline is sued personally by the 8 employees he fired. Media misreports that Kline did not provide severance. He did. The “Olathe 8” seek hundreds of thousands of dollars of damages. (The suit languished for years before it was dismissed with Kline promising not to sue the plaintiffs for filing a frivilous lawsuit and without the eight former employees receiving any payment). 1/10/07 – Morrison sends Rick Quinn and Veronica Dersch to meet with Judge Anderson. Anderson later remarks that Quinn and Dersch were more interested in criticizing Kline than expressing curiosity about the substantive nature of the investigation.

14. Timeline continued…. 1/10/07 – Asst. AG’s Quinn and Dersch, on behalf of AG Morrison, pick up the document status report from Judge Anderson but do not retrieve any copies of the medical records. Any investigation of wrongdoing by the abortion clinics requires a review of the medical records. Morrison, although repeatedly telling Kansas media he is reviewing the evidence, never picks up the abortion records from Judge Anderson until he is ready to clear Planned Parenthood. 1/10/07 – Morrison fires McKinney but states he will not interfere with Kline’s appeal of the dismissal of the Tiller charges. 1/11/07-2/5/07 – Morrison details KBI Agent Bob Blecha to pick up all evidence from law enforcement and judicial agencies where Kline distributed the evidence. Later Judge King of Leavenworth County finds that all of Kline’s showing and distribution of the records was done for legitimate law enforcement purposes. (See portion of Judge King’s report here; see video of Morrison misleading the Kansas press here).

15. Timeline continued… 2/07 – Morrison holds a news conference claiming that “sensitive” medical records were “scattered” around the state and it was necessary to use the KBI on what “amounted to a treasure hunt” to retrieve them to protect privacy. (See video of news conference here). - The records were exactly where Kline informed Morrison they were. - Kansas press seizes on Morrison’s remarks which are reported as fact over the next 15 months until the Kansas Supreme Court releases previously sealed documents which prove Morrison lied. Kline is mocked in numerous editorials and columns.

16. Timeline continued… 2/07 – Morrison writes Kline demanding that Kline return his copy of the records even though Kline has Judge Anderson’s permission and Morrison has his own copy. Kansas media piles on Kline and Kline is prohibited from revealing the truth due to court seal orders. (Read Morrison’s letter here). 3/07 – Morrison withdraws Kline’s appeal regarding Tiller and accordingly, Supreme Court dismisses. Media reports it as a loss for Kline, not a reversal by Morrison. 3/07 – Kline receives an anonymous letter claiming that Morrison and Linda Carter, now of Kline’s office are having an affair. Kline refuses to read the entire letter and simply passes it on to his Senior Deputy to keep it from reaching anyone else’s hands.

17. Timeline continued… 3/27/07 For the first time, Morrison employees pick up the relevant medical records. 4/07 Morrison edges KBI Director Larry Welch to retirement and later announces Bob Blecha will become the new director. 4/10/07 within two weeks of first seeing the records, AAG Veronica Dersch appears before Judge Anderson requesting the Judge to order Kline to return all of his copies of the records. - Judge Anderson refuses and states to Dersch, “there’s evidence of crimes in those files that need to be evaluated.”

18. Timeline continued… 4/13/07 - Morrison files a formal motion requesting Kline to be ordered to return the Planned Parenthood files. 4/18/07 – Anderson denies Morrison’s motion again stating that the files contain evidence of potential criminal activity and that Kline’s legal theories are sound. 05/07 – Kline approaches Anderson and reveals evidence that the Planned Parenthood documents may be manufactured and false. Anderson requests that Kline inform Morrison, which Kline does. 5/07 – Anderson on his own, approaches a document expert to review the Planned Parenthood documents. The expert concludes the documents “don’t match up.”

19. Timeline continued… 6/07 – Dr. Paul McHugh visits KC at the invitation of Women Influencing the Nation. McHugh was hired by Kline as an expert to review the Tiller records to see if the abortions were justified under Kansas law. - McHugh concluded that none of the abortions were justified. - But Morrison helped secure the dismissal of Kline’s charges and never spoke with McHugh. - When Morrison learns McHugh is scheduled to speak, Morrison threatens McHugh with a lawsuit and McHugh cancels his presentation. But not before he recorded a video that is available at www.youtube.com

20. Timeline continued… Late June, 2007 – Morrison holds three news conferences and issues a clearance letter to Planned Parenthood, criticizes Kline and files what he calls “highly technical” violations against Tiller. Morrison’s charges are solely based on Kline’s evidence as Morrison has never expanded the investigation, sought any new records or subpoenaed any witnesses. Morrison was under pressure by Judge Anderson to file some charges. Early July, 2007 – Planned Parenthood sues Kline personally claiming that he should be held in contempt of court for having the Planned Parenthood records even though Judge Anderson granted permission. The Supreme Court accepts the suit. Morrison moves to intervene and joins the clinic in suing Kline.

21. Timeline continued… Early July, 2007 – Planned Parenthood sues Kline personally claiming that he should be held in contempt of court for having the Planned Parenthood records even though Judge Anderson granted permission. The Supreme Court accepts the suit. Morrison moves to intervene and joins the clinic in suing Kline. July 9, 2007 – Morrison files a motion with Judge Anderson seeking the Judge to return all of his evidence and Kline to return all of his evidence so Morrison can give the evidence back to Planned Parenthood and Tiller. - Judge Anderson comments that this is the first time he has ever heard of a prosecutor requesting that a court return evidence to a criminal defendant during a pending case.

22. Timeline continued… Mid-July, 2007 – Judge Anderson denies Morrison’s latest motion. 8/2/07 – Morrison sues Judge Anderson in mandamus. The Kansas Supreme Court accepts the suit. 8/07 – Kline requests from Morrison that the state pay for his legal defense which is common. - Morrison, even though he is suing Kline and has a conflict, rejects coverage stating that Kline acted with malice against Planned Parenthood. - Judge Anderson, who granted Kline permission, is given coverage.

23. Timeline continued… 08/07 – Linda Carter approaches Steve Maxwell and Phill Kline and claims she is being harassed by Morrison. 08/07 – Carter alleges Morrison has attempted to persuade her to alter her testimony in the federal lawsuit by the fired employees against Kline. 8/07 – Kline directs Carter to his attorneys in the federal suit who advise Kline, after taking Carter’s statement, that Kline should file a protective order preventing Morrison from contacting witnesses in the case. Fall 2007 – Kline directs his attorneys to file the request for a protective order under seal. Morrison appears in person and with the AG’s office representing him personally in a closed hearing at the federal courthouse. Kline does not appear personally but his attorneys are present.

24. Timeline continued… Fall 2007 – at the hearing at the federal courthouse, Morrison denies any wrongdoing. The Magistrate sets the matter over for an additional hearing. Fall, 2007 – The Federal Magistrate informs Kline’s counsel that the federal district judge is unlikely to allow Kline’s motion to be filed under seal. Fall, 2007 – Kline instructs his attorneys to file a motion to file the protective order under seal. Fall, 2007 – a second closed hearing is held in which Kline’s attorneys argue to keep the matter regarding Carter and Morrison under seal because revealing the matter would cause unnecessary grave embarrassment to Morrison and Carter.

25. Timeline continued… Fall, 2007 – the Federal Magistrate rejects Kline’s motion to file his motion under seal. The Magistrate publicly releases his order rejecting Kline’s motion. - the order does not reveal the underlying factual allegations, it simply states that Kline sought to keep something sealed that could cause “grave embarrassment.” - Kansas print media assumes Kline was trying to seal something embarrassing to himself and starts to dig.

26. Timeline continued… Jan. 2007 – through fall 2007 – KCTV Channel 5 follows Kline’s wife, daughter and Kline during various trips in Johnson County and in Topeka. - Kline had already informed media that he had an apartment in Johnson County and kept his house in Topeka. Kline grew up in Johnson County and only purchased the home in Topeka when elected AG. The personal lawsuit against Kline made it difficult to refinance or purchase. - Channel 5 follows other apartment dwellers, sought information about the health of Kline’s wife, hovered a helicopter above Kline’s home and initiated a total of 39 primetime media minutes to their investigation. Police officers were called by others on Channel 5 on at least three ocasions. At the conclusion of the “investigation” and after it airs, the producer is fired.

27. Timeline continued… October 17, 2007 – after Judge James Vano finds probable cause, Kline files a 107 count criminal complaint against Planned Parenthood. The charges include 23 felonies and 84 misdemeanors, including performing illegal abortions after 22 weeks gestational age. This represents the first time the abortion provider, which earned over $1 billion of revenue last year, has been charged criminally. October 17, 2007 – the Kansas Supreme Court suddenly orders a mini-trial in the Planned Parenthood’s case against Kline. October 18, 2007 – Planned Parenthood CEO Peter Brownlie is reported in the Lawrence Journal-World stating that Planned Parenthood does not perform any abortions after 22 weeks. 10/07 – Kline renews his request for Morrison to allow a state defense for Kline. Morrison again rejects the request.

28. Timeline continued… 12/07 – after an expedited discovery schedule involving depositions and document productions, a five day mini-trial takes place in the Judicial Center in Topeka with Judge King of Leavenworth County presiding master. - at trial a criminal defendant joins with the AG in having the opportunity to place prosecutors and investigators under oath. • Judge King is ordered to file his findings from the trial with the Supreme Court on January 10th. • The lawsuit seeks fines against Kline personally and to hold Kline in contempt for possessing the Planned Parenthood records, even though Kline had express court permission and inherent executive branch authority.

29. Timeline continued… 12/16/08 The Topeka Capital Journal breaks Linda’s Carter’s story about Morrison. 12/20/08 The Johnson County Commission votes 6-1 to provide funding for a special prosecutor on the Morrison scandal. 12/21/08 Morrison announces he will resign on January 31, 2008.

30. Timeline continued… 1/10/08 – Judge King files his report. Although the case is against Kline personally, the Kansas Supreme Court denies Kline access to the report. 1/16/08 – Judge Anderson is subpoenaed and testifies in criminal case against Planned Parenthood. - Anderson states under oath that he had “serious” concerns about the Planned Parenthood records in that they appeared to be manufactured. - Anderson informs Judge Tatum that Anderson took the documents to a document expert with the Topeka Police Department who reviewed them and concluded that they “do not match up.”

31. Timeline continued… 1/16/06 Stephen Cavanaugh, working for Judge Anderson states that Planned Parenthood claimed that documents they had in their possession were copies of actual reports the clinic filed with the state. The clinic is required to keep copies of these reports at the clinic or they have committed a misdemeanor. Anderson, however, testifies the documents appear to be “manufactured.” 2/25/08 Horton murder trial begins. After a two-week jury trial Horton is convicted of murdering 13 year-old Lizabeth Wilson on July 7, 1974.

32. Timeline continued… 4/07 Kline subpoenas KDHE to testify that the agency properly complied with a subpoena while Kline was AG and properly provided copies of the “Reports of Induced Termination of Pregnancy” filed by Planned Parenthood. - KDHE objects to the subpoena arguing that only the AG can ever have these records. The AG sides with KDHE as does Planned Parenthood. - The agency states that KSA 65-445 prevents them from responding to any subpoena except from the AG.

33. Timeline continued… 4/07 Kline argues for enforcement of the subpoena stating: - the language of the statute is clear and simply states that the information in the report “shall not be disclosed in a manner that would reveal the identity of the provider….” Kline was not seeking the identity of the provider, as he already knew. The report contains no identities. - regardless, information beyond the reach of a subpoena is expressly stated so in the statute – the legislature writes – “this information is beyond the reach of subpoena” or “shall not be subject to subpoena.

34. Timeline continued… 4/08 Regardless of the clear wording of the statute, Judge Tatum quashes the subpoena and rules only the AG can have such records. Judge Anderson cites a bill introduced by pro-life legislators to support his conclusion. Kline had requested that pro-lifers not introduce the bill warning them it would be vetoed and would be used against his case. 4/08 Kline subpoenas Judge Anderson to testify at the preliminary hearing of Planned Parenthood. 4/2/08 Unknown to Kline, the AG files a motion before the Kansas Supreme Court seeking an order preventing Judge Anderson from testifying in Kline’s case.

35. Timeline continued… 4/3/08 The Kansas Supreme Court, without citing any legal authority or informing Kline, orders Judge Anderson to not honor the subpoena in Kline’s case. 5/2/08 The Kansas Supreme Court released hundreds of pages of previously sealed documents in the PP case against Kline and the AG’s case against Anderson. - the King report is released and shows that Kline had permission to have the records in Johnson County and that there is no evidence to support any claims that Kline sued the records for any other purpose than legitimate law enforcement objectives.

36. Timeline continued… • The King report also concluded that the witnesses put on the stand by the AG were unreliable in that they were willing to testify to speculation and assumption as fact. • The records in Anderson’s lawsuit show the Judge repeatedly informing Morrison’s office that the records contained evidence of criminal activity and that the Judge had also informed the Kansas Supreme Court of such. • As it relates to Kline taking copies of the records to Johnson County – Anderson writes that this is “a quintessential function of a prosecutor.” • Anderson also writes that Morrison “seemed more intent on criticizing Kline than expressing curiosity about the substantive issues of the investigation.”

37. Timeline continued…. 5/2/08 The Kansas Supreme Court orders the AG’s office to show cause why the case against Anderson should not be dismissed and orders Kline, PP and the AG to file briefs in the Kline case and prepare for oral argument on June 12. Mid-may/08 Amid rumors that some are encouraging Kline to run the KC Star starts a five-point hit piece focusing on the Stand for Truth website. - now that the Supreme Court has unsealed records, Kline can reveal that Morrison denied Kline state representation. Kline must fund his own defense, the costs of which are approaching $200,000.

38. Timeline continued… 5/16/08 Kline learns of the Supreme Court order for Anderson not to testify when Anderson files his motion to quash Kline’s subpoena. 5/27/08 Judge Tatum quashes the subpoena of Judge Anderson and refuses to reconsider his quash of the KDHE subpoena. Tatum also appears to go further, stating that any KDHE employee testifying on any topic is a violation of 65-445 and therefore, refuses to modify the subpoena. The PP case is delayed indefenitely.

39. Timeline continued. 5/08 Kline files a motion to intervene in the mandamus against Judge Anderson. 5/22/08 AG Six files his response to the Court’s order to show cause in the Anderson mandamus. AG Six radically reverses field and now says Judge Anderson can maintain the records until after Kline’s criminal case is concluded. AG Six, however, is still suing Kline. Accordingly, the AG has effectively dropped the suit against the Judge who subpoenaed the records, allowed Kline to have the records and still maintains the records because AG Six acknowledges the records can be used in a criminal prosecution – but he is suing the prosecutor who is using the records in the prosecution.

40. Timeline continued… 5/28/08 Caleb Stegall, Kline’s attorney, holds a news conference and releases Kline’s brief. The brief includes exhibits that show the “manufactured” documents by PP. - Stegall states that PP’s heavily financed campaign of intimidation should offend all Kansans and that PP is successfully purchasing through the political and judicial process new rights now allowed any other Amercans.

41. Timeline continued… Stegall points out that: It is unprecedented that a criminal defendant (in a case in which probable cause has been found to believe crimes have been committed) is allowed to personally sue the prosecutor causing him personal financial distress in an effort to have the state’s highest court order that the prosecutor return evidence of the defendant’s crimes back to the defendant.

42. Items Not Included in the Timeline Wichita Grand Jury and mandamus actions filed due to their actions. Johnson County Grand Jury and failure to enforce the only subpoena by the Grand Jury. Hundreds of pages involved in repeated and duplicative ethics complaints against Kline filed by the criminal defendants.