Felony Charges For Investigative Journalism

Well! If this doesn’t have a chilling effect on investigative journalism, I don’t know what will: Regarding David Daleiden and Sandra Merritt of the Center for Medical Progress, Kah-Lee-Phone-Ya State Attorney General Xavier Becerra, a longtime Congressional Democrat, charged the two anti-abortion activists with 15 felonies for making undercover videos of themselves arranging to buy fetal tissue from Planned Parenthood. In a statement, Xavier said that the state “will not tolerate the criminal recording of conversations.” You forgot to capitalize that “s”, Xavier.

Covert data gathering has been a cornerstone of investigative journalism since long before Xavier’s birth. It has also been a cornerstone of such enterprises as law enforcement, private investigation – even inter- and intra-party politics, as evidenced by the “leaked” recordings of various private meetings of politicians and party committees where there actually may exist a reasonable expectation of privacy. That’s the key regarding illegal recordings, and this is going to be Xavier’s primary hurdle pressing his bogus charges in court.

In the Planned Parenthood case, at least in the recordings I’ve seen, the recordings were made in restaurants and other public places, where no reasonable expectation of privacy exists. In virtually all of the recordings I saw, there were multiple people involved in the conversation. In none of these conversations did anyone imply or state that the discussions were confidential – not even the Planned Parenthood personnel. So: on what grounds does Xavier, the Champion of the Democrats, find these charges justifiable and viable in court (any court except the 9th District of Kah-Lee-Phone-Ya and the District of Hawaii)? Where is the criminal intent in exposing the criminal activities of an organization?

Personally, I don’t think this case has a leg to stand on – especially in light of similar charges against these two failing in Texas – and is all about punishing those who oppose and expose organs (no pun intended) of the liberal agenda. This is an agent of the government using lawfare to both bankrupt and otherwise punish these individuals, while also sending the clear message that one should not go after any darlings of the State. They are being made an example of.

In all fairness, when this fails in court, Xavier should be impeached for abuse of office and disbarred for unethical behavior.

What are your thoughts? Add your comments below.

-Pateratic

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