Justice, sir, is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together.– Daniel Webster
He has been portrayed as a nutty prosecutor with an unrestrained interest in women’s medical records. He has been run out of his own state. He has to come up with hundreds of thousands of dollars he doesn’t have, to pay his legal fees. MSNBC’s Rachel Maddow has accused him of domestic terrorism, intimidation, and abuse of office for doing his job — enforcing the law and protecting the innocent. Innocent children, as it happens. But that’s not humiliation enough. Not if you’re the enemy of Planned Parenthood.
Today in Topeka, Kansas, a man goes on trial for insisting Planned Parenthood be held accountable for what it claims to be about: women’s health care and safety.
Phill Kline is the former attorney general of Kansas and former Johnson County prosecutor there. He now lives and teaches in Virginia, at Liberty University’s Law School, but will be sitting before a three-lawyer panel today for supposed ethics violations. Stanton Hazlett, the Disciplinary Administrator appointed by the Kansas supreme court, found that his violation — his conflict of interest in investigating the nation’s largest abortion provider — was “strong personal anti abortion beliefs.”
At any time, this attack on Kline would be an outrage. In late February 2011, it should set off five-alarm sirens.
Before there was a House vote to potentially begin to end funding of Planned Parenthood, as there was Friday; before there was a 22-year-old girl named Lila Rose leading private investigations exposing Planned Parenthood as a safe haven for pimps of underage girls; before there was a Philadelphia prosecutor exposing a “house of horrors” too long protected by abortion politics, there was Phill Kline, a law-enforcement official doing his job.Today Kline remains the only prosecutor in the United States to have brought charges against Planned Parenthood. And for this, Planned Parenthood and its allies are determined to see him pay. As if he hasn’t already: Even when he wins it is portrayed as a defeat.
Denis Boyles, author of Superior, Nebraska: The Common Sense Values of America’s Heartland, has explained well the predicament Kline finds himself in, dragged back to his home state for one final humiliation for insisting on doing his job — enforcing the law:
Kline’s strategy was simple: Kansas law requires abortion clinics to document the procedures they perform. Kline suspected that they had performed illegal late-term abortions and abortions on underage girls. To find the truth, he needed to compare the documents sent by the subpoenaed clinics with the records submitted by the clinics to the state health department in the routine reporting of their abortions. It wasn’t a fishing trip; Kline knew what he was looking for.
When, after a long battle, the records finally arrived, Kline asked a district judge, Richard Anderson, to compare the two sets of documents. Anderson hired experts, removed the personal info, went over them all carefully and in a pre-trial hearing, finally said, “it appears someone has manufactured” portions of the paperwork that had been subpoenaed. Anderson said that could mean “that somebody committed a felony in an attempt to cover up a misdemeanor. . . . [T]here is evidence of crimes in those records that needs to be evaluated.”
And while pro-life Republican Sam Brownback may now be governor, Kline will not be getting a warm reception by the judicial branch today. The Kansas judiciary-appointment process is the antithesis of transparency: Judges are appointed by the governor, without confirmation, effectively for life. And the long-standing inquisition against Kline is led by a (former Democratic governor) Kathleen Sebelius-appointed former lawyer for the National Women’s Law Center, known for her activist-like rants against him.
For years, the extent of Kline’s investigation of abortion clinics was a single subpoena to the now late — he was brutally and unjustifiably murdered in May 2009 — George Tiller, and a single subpoena to Planned Parenthood. He kept the statute of limitations from expiring in 2005, with legislative help. They would eventually be ordered to produce the records and be charged — thank you, Phill Kline.
Eight years after Kline’s initial action, 107 charges still stand as an open case against Planned Parenthood — 23 of them felonies for manufacturing records in response to the subpoena.
Kline has repeatedly won on legal issues. Three district court judges have reviewed his evidence and found probable cause to believe that the crimes were committed as charged. And yet none of them have reached trial.
The state supreme court, meanwhile, has allowed Kline to be sued twice. It silenced a key witness (Judge Anderson) and ordered an investigation of Kline, involving five years, over 30,000 pages of documents, along with subpoenas, depositions, and witness interviews.
What a relief to Kansans that a man who no longer holds elective office nor lives in the state is being persecuted for trying to hold taxpayer-funded Planned Parenthood accountable for allegedly refusing to report statutory rape (a practice we have now seen is not foreign Planned Parenthood and its mission). This week’s hearing amounts to the tormenting of a man for doing his job. And, God help him, for doing it while daring to believe that not only is failing to report child rape wrong, but that the whole culture of death is a corrosive evil. (Never mind that he did nothing about the latter but be open about it in the occasional speech.) For this, Rachel Maddow accuses him of domestic terrorism. For this, he is professionally and financially destroyed.
Among the complaints Kline faces this week is having had “no allegation of a definitive complaint of failure to report on the part of the clinics.” In other words: It was unethical for him to initiate an investigation of Planned Parenthood for failure to report statutory rape, because a child did not come forward and say the clinics did not report it. Children tend not to do that. Law enforcement does not need a victim to come forward in order to launch an investigation and does not need permission of a court to start an investigation. The whole outrage about Planned Parenthood’s not reporting such a thing is that doctors can be the first line of defense against child sexual abuse and sex trafficking: If they report it, the perpetrators can be stopped. But when they refuse to report it, victims are left victimized. Planned Parenthood proves itself a “safe haven” for predators.
Kline is also accused of “misleading a state agency” by not announcing the full scope of his investigation. Again, both law and common sense would seem to be on Kline’s side here. Informing others can compromise evidence, place people in harm’s way, and damage the reputational interests of the target of an investigation.
It’s hard not to conclude — as Mary Kay Culp, state executive director of Kansans for Life, has — that dragging Phill Kline in front of a panel this week has everything to do with an attempt “to undermine the Planned Parenthood case and . . . an opportunity to intimidate any prosecutor who would go after the abortion industry.”
“It strikes me as virtually impossible to believe that this case would have reached this point had the underlying prosecution not involved abortion,” state representative Lance Kinzer tells me.
A source intimately familiar with the campaign to bury Kline’s reputation tells me: “This is not only a story about how that industry seeks to destroy its enemies and how the Kansas supreme court and Sebelius corrupted the judicial system to assist that effort — it is also an example that Planned Parenthood now holds up to prevent future prosecutions. Everyday prosecutors are presented or made aware of wrongful conduct by Planned Parenthood and every day they look away because of their political concerns.”
Not just political concerns: Watching what’s happening to Kline, they have reason to fear for their very livelihoods and their families’ future.
Kline should be applauded for having brought charges against Planned Parenthood. He should be considered a trailblazer, and a hero for women and children and law and justice. Instead, Planned Parenthood and its allies plan to dance on his professional grave in the coming days, making him a disgraced former prosecutor for the history books.
Friday’s short-term defunding vote and the coverage of the most recent Live Action investigations suggest that, after decades of pro-life attempts to pull the veil away from Planned Parenthood, a profit-making institution that benefits from taxpayer money and frequently bipartisan support, it may finally be being gradually exposed for its embarrassingly dangerous, lackadaisical attitude toward sexual crimes against minors. Thank you, Phill Kline!
And so he is punished, humiliated, and made to suffer in Topeka.
(For more see here and here.)
Phill Kline is being tried by pro-abortion advocates in Kansas for an alleged conflict of interest, claiming his prosecution of Planned Parenthood stemmed from his personal opposition to abortion. However, they see no similar conflict of interest in their prosecution of Phill Kline despite their personal support for Planned Parenthood and the late term abortion procedure performed there.
The witch hunt in Kansas today is intended to send a message to anti-abortion advocates everywhere, and especially to those in state and local government. Anyone who personally opposes abortion is precluded from investigating or prosecuting abortion providers, even when they break the law, because that person is guilty of conflict of interest and will be punished. Will the same logic apply to child molesters and drug dealers?
Once again we see political operatives in a position of authority claiming they know what is in another person's mind and heart when, of course, they do not. It is this same dishonest mentality that caused Democratic lawmakers in Congress to accuse Tea Partiers of being racists and George Bush of being a war criminal. Democrats have lost the ability to agree to disagree and prefer instead to demonize and punish those with whom they disagree.
It's hard to believe that taxpayers who live in Kansas, the home of Dorothy, Toto and Somewhere Over the Rainbow, are supporting the Democratic effort to advocate on behalf of Planned Parenthood, an organization that has proven it will break the law for profit even when that means abandoning its duty to protect minors. The fight in Kansas isn't about a routine abortion procedure (if you can call terminating a life routine), but rather it's a fight about late-term abortion, a procedure that terminates the life of an unwanted baby, not a clump of inconvenient cells.
Reply to this commentLinkReport AbuseIsn't it ironic that the states that were so undeservedly proud of their opposition to slavery (in view of their documented rank discrimination) are now incestuous hotbeds of the deviant fascist racism that is abortion (www.blackgenocide.org). No good deed goes unpunished, Phil Kline.
Reply to this commentLinkReport AbuseWhy is a source who merely provides a generic characterization of the Kline drama and offers no new information granted anonymity? Does National Review not want to be associated with the source? This may be the case if, say, the source is Jack Casehill, who's made a name for himself backing Phill Kline when he's not busy writing that Bill Ayers wrote Obama's memoir, that TWA Flight 800 was a conspiracy, or that Obama lied about his birth. The likelihood that the source is Casehill increases when it turns out that Casehill wrote an article making the exact argument in that quotation a few days ago.
It also seems necessary in an article this length to note that a grand jury vested with subpoena power did not bring any charges against Planned Parenthood. I suppose it's easier to argue against political appointees than a panel of randomly selected citizens.
Reply to this commentLinkReport AbuseIf you read, as I did, the reports and interviews given by a member of that Grand Jury which, as you so proudly declare, filed no charges against Tiller, you would know that it was because they were stymied at every turn, records they asked for never materialized, the guidance they asked for as to how to find and interpret the documents they needed was ignored and basically the air of hostility and uncooperativeness had the desire and inevitable effect of dismissal of charges. But just as now, that doesn't mean that they have the high ground, on the contrary, it means that they are devious and defiant of the law.
If I were you, I'd be more interested in finding out THE TRUTH and less to your obvious animosity toward Phill Kline and Mr. Casehill. Perhaps you are one of those involved with something to hide. Either way, you appear petty and not at all interested in justice.
Reply to this commentLinkReport AbuseWake up Kansas!!!! Support Phil Kline. The time is now. This revolting organization, Planned Parenthood, does not deserve our tax dollars.
Reply to this commentLinkReport AbuseIt's been clear for a long time that the judiciary is out of control in Kansas. Do we have to wait for years or decades for all the hold-out radicals to die or retire before we can get some normal people in there, or is there something like impeachment or something else the people or their representatives can do??
Reply to this commentLinkReport AbuseOver and over again, we on the right are accused of the most horrible affronts to common decency. Without evidence, or even a passing nod to the need to offer evidence, the left confidently (even smugly) assumes the truth of its vile accusations. And without so much as a blush, they tar the reputation of an honorable man because they do not like the motives they impute to him. Would he have been similarly excoriated had he been in favor of abortion rights and investigated alleged criminal activities of a pro life group? That the question answers itself says much about modern society.
I am dismayed at the level of political discourse in this country. I do not care what I am called, but I despise the use of official power to silence critics. I'm sure there are examples of this on the right, but I am at a loss to find one (at least since the McCarthy era).
George Orwell speaks truth:
"The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power. What pure power means you will understand presently. We are different from all the oligarchies of the past, in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just round the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power."
Reply to this commentLinkReport Abuse"exposing Planned Parenthood as a safe haven for p*mps of underage girls; "
That's a lie.
Reply to this commentLinkReport AbuseExternal Link
planned parenthood's sordid past - the eugenicists in the closet
Reply to this commentLinkReport AbuseA modern day rewrite of Dante would definitely see abortionists and their supporters presiding in the lowest levels of hell.
Reply to this commentLinkReport Abuse"And so he is punished, humiliated, and made to suffer in Topeka"
Actually, one would think that his most humiliating punishment suffered was in Virginia after first hearing the words, "Hi. I'm Matt Barber, your new boss."
What on Earth could be more humiliating than that?
Reply to this commentLinkReport AbuseExcellent, if disturbing, article. Is there any limit to the Left's desire to criminalize policy differences?
I do have one objection, however:
"The Kansas judiciary-appointment process is the antithesis of transparency: Judges are appointed by the governor, without confirmation, effectively for life."
How is that untransparent? Bad, to be sure, but it's hard to see what's hidden here. Please don't fall into Leftish Humpty Dumptyism.
Reply to this commentLinkReport AbuseDoes Mr. Kline have a legal defense fund to which those interested may contribute?
Reply to this commentLinkReport AbuseI am praying for Mr. Kline, that God will encourage and help him in his heroic efforts to make Planned Parenthood answer in the courts for its crimes.
Reply to this commentLinkReport AbuseThe level of the arrogance and corrupt practice both in law enforcement in the Capitol city of kansas and Shawnee county and the courts of Kansas would astound you. The prevalence of even bullying in the upper levels of the Justice system in Kansas is beyond what you would find in the 5th grade boys room. It goes on without impediment even from the chief judge If the chief judge doesn't know how to control bullying in her own department how do you expect to see anything else but bullying in the court system elsewhere. The people bullied are the conservative employees of the state.The bullies are the lesbians and liberals. I know I've seen it and been profoundly affected by it. Poor Phil Kline is just the worst bullied of the bunch. Welcome to Peoples republic of Kansas.
Reply to this commentLinkReport AbuseKline was kicked out of Kansas when it became apparent to voters that he was using his offices (both as Kansas AG and as Johnson County DA) to pursue his antiabortion agenda. We tired of his Ahab-like obsession and self-righteous smugness that showed him as an example of the worst qualities of the pro-life movement. For all his self-righteousness, it turns out that he was a shoddy attorney and was willing to gloss over rules and laws that were not convenient. Ironic given his insistence that his abortion foes follow the absolute law. Can we say hoist by our own petard!
Reply to this commentLinkReport AbuseThis article is impossible to follow. Not knowing anything about Kline, I read it twice and still had no idea what the substance of the ethics charges is, and what resulted from Kline's investigations into PP and Tiller.
After five minutes on Wikipedia, I realized the article is confusing because Lopez leaves out every part of the chronology that doesn't look for Kline. Like the part where he's been accused of deceiving investigators with falsified data.
Here's a coherent article, for those interested: External Link
Reply to this commentLinkReport AbuseTo reddfate --anyone who uses wikipedia as their source for reliable information has no credibility at all...
"Ahab-like obsession and self-righteous smugness" eh DeKline? Comes across as projection to me since every word you typed was pompous, judgemental and eletist.
Reply to this commentLinkReport AbuseAny attorney general who isn't filled with indignation when they are confronted with disgusting behavior against children, in any form, isn't worth a dime. I'll bet you would sing a different tune if he was going after pedophile priests - hypocrit. What you folks so proudly did was force out a man of ethics, morals and integrity and leave a group of bottom feeders in place to go merrily on their way with no goal but the almighty dollar - and certainly no concern for your female children. Open your eyes - FOLLOW THE MONEY...