by Jenn Giroux
On May 15, 2012 the legal team of former Kansas Attorney General Phill Kline filed a motion in the Kansas Supreme Court seeking the recusal of two justices who would otherwise sit in review of Kline's appeal of an ethics panels' recommendation that his law license be indefinitely suspended after he prevailed in successfully filing criminal charges against Planned Parenthood. The motion seeks to recuse both Justice Carol Beier for her bias and deception and Justice Lawton Nuss, who, himself, was the subject of an ethics complaint brought by Kline when he was Attorney General. The legal brief is nothing short of a white hot legal bombshell. The majority of the brief focuses on Justice Beier. The heavily footnoted motion exposes for anyone who reads it, Justice Beier's pattern of dishonest opinion writing, her bias against Kline, and her aggressive activism from the bench to protect the abortion industry from legitimate legal prosecution. The motion also reveals Beier's tactics to undercut and defeat legitimate enforcement of Kansas laws designed to protect children from sexual abuse.
As prosecutor of Johnson County, Kansas, Kline filed 107 criminal charges against Planned Parenthood of Kansas and Mid-Missouri in October, 2007. While civil suits have been filed against Planned Parenthood and other abortion providers in the past, Phill Kline's investigation was the first and only criminal case pursued against the abortion giant by a prosecutor in our nation's history. While in office, Kline was personally attacked and publicly maligned by the Kansas Supreme Court (and their friends in the media) for his willingness to investigate child rape and illegal abortions that were being performed by Planned Parenthood and late term abortionist George Tiller. Every single judge that reviewed Kline's evidence found probable cause that crimes had been committed. The detailed recusal motion reveals the deception of Justice Carol Beier, a lifetime appointee to the Kansas Supreme Court by then-Governor Kathleen Sebelius. Beier prevented Kline's prosecution of Planned Parenthood from ever reaching trial, and her not-so-subtle dishonesty came to light when she crafted a remedy in one case that required Kline to hand over all of his evidence to his successor, former Kansas Attorney General Paul Morrison, who made clear his intention of returning the evidence to Planned Parenthood. You read that right: while Planned Parenthood was fighting to derail Kline's investigations of abortion-related crimes, Justice Beier fashioned a factually dishonest opinion that required Kline to turn over the evidence gathered during his investigation to the target of the investigation.
Additionally, Mr. Kline's appeal brief dismantles the flawed reasoning of the Disciplinary Panel which conducted a kangaroo court-like hearing and has now recommended his suspension. The outcome was all too predictable despite the fact that there are no facts to support their findings and recommendations.
It is important to keep the following facts in mind:
1. While Kline has been constantly maligned with accusations that he was violating patient privacy, not a single patient name was ever revealed by him or his staff in two prosecutorial offices covering nearly six years of effort.
2. The evidence clearly shows hundreds of abortions on children. Under state and federal law these pregnancies are a result of child abuse/rape. Of over 400 abortions on children, only 16 were reported as potential abuse. To date, no one but Kline has seriously followed up on that evidence or these abused children.
3. Justice Carole Beier is a Sebelius appointee and an avid supporter of abortion. She formerly worked for the National Women's Law Center which represented interests supporting abortion providers such as Planned Parenthood. This presents a clear bias and conflict for her in this case.
4. None of the allegations against Phill Kline relate to the investigation that he initiated against the Planned Parenthood of Kansas and Mid-Missouri. They are created accusations which are completely false.
5. The evidence against Planned Parenthood has always been, and continues to be, strong and verifiable.
6. Every judge who has reviewed the evidence has found probable cause to believe that Planned Parenthood committed crimes.
7. Justice Beier, as revealed in the recusal motion, has written approvingly of using the media as a "tool" to shape public perception in order to bring about "legal reform" in support of "third-wave feminism." And that is exactly what she achieved with her anti-Kline opinions — turning Kline into a reviled figure in Kansas based in large part on non-existent evidence and lies about the actual evidence.
8. Kline consistently prevailed in moving the case forward while he was in office because the evidence was so strong. However, he lost in the public perception game because of Beier's deceptions and the deliberate media confusion created in Kansas, a state whose mainstream media feeds off the lies of one another. At the height of Kline's investigation the main newspaper, The Kansas City Star, ran a cartoon of Kline sitting on the bench next to a little girl with his hand up her dress. The script under the photo mocked the investigation of child rape with the theme: "he'll violate anyone's privacy to get what he wants." That same paper was awarded the "Maggie Award" by Planned Parenthood (in honor of founder, Margaret Sanger) for their editorial efforts to unseat Phill Kline.
Phill Kline lost his bid for re-election in 2008. It was a tragic turn of events when then Senator, now Governor of Kansas Sam Brownback betrayed the pro-life movement and longtime friend, Phill Kline, by endorsing RINO Steve Howe, who now serves as prosecutor over the remaining criminal case against Planned Parenthood. Unfortunately, Howe has chosen to drop the felony charges which could have led to the de-funding of Planned Parenthood nationwide. Many in the pro-life community (inside Kansas and across the country) have believed for some time that Howe lacks the will and the desire to aggressively prosecute the case against Planned Parenthood. Perhaps the most disappointing aspect of this is the fact that throughout Kline's ordeal of fighting unjust charges from political enemies, (i.e. friends of the abortion industry trying to remove Kline's law license), there has been only silence from Governor Brownback's office. He sat in the Governor's office just blocks away from where Phill Kline was put on trial by Beier's political hacks. It calls to mind the biblical verse: "I do not know the man" (Mathew 26: 72). This is no surprise coming from the same man who betrayed the entire country by refusing to invoke a long standing Senate tradition which allowed one Senator of a nominee's home state to pull the plug on their nomination. This would have stopped the appointment of Kathleen Sebelius as Obama's HHS Secretary. Brownback, in both scenarios, could have changed the course of events by simply stepping forward for the truth. He chose political self-preservation instead.
Many may ask: "Why are they still after Kline?"
The answer is simple. Planned Parenthood wants to make an example of Phill Kline to send this message to all prosecutors nationwide: if you pursue criminal investigations against the abortion industry, you will suffer....you will be sued, you will be unjustifiably charged with trumped-up ethical accusations, you will be sued again and again, you will be lied about in the media, you will be betrayed by political friends in high places, your ability to support your family will be targeted, and of course, you will be politically assassinated. The one thing they have continually underestimated is Kline's tenacity and willingness to stand up for the truth and the law in order to protect the legal rights of abused children and the unborn. The power of that truth can be found in the legal brief filed this week. This case against Phill Kline has far reaching effects if Justice Beier and her other abortion-minded friends on the bench succeed. Few people in my lifetime have endured what Phill Kline and his family have been put through. Kline's silent strength shines through in all of the suffering. It has been both inspiring and painful to watch. And it is a story that must be told. Truly they are a living example of this verse: "Blessed are ye when they shall revile you, and persecute you, and speak all that is evil against you, untruly, for my sake: Be glad and rejoice, for your reward is very great in heaven." (Mathew 5: 3-12)