Which was it? You be the judge. (Photo: Getty Images)
On Wednesday, the House Judiciary Committee commenced the first of its series of hearings intended to examine the abortion practices of Planned Parenthood.
The hearings, officially titled “Planned Parenthood Exposed: Examining the Horrific Abortion Practices at the Nation’s Largest Abortion Provider,” were triggered by a series of undercover “sting” videos released by the antiabortion activist group the Center for Medical Progress (CMP) over the past two months; the CMP alleges that Planned Parenthood is illegally selling donated fetal tissue specimens for profit and has used the videos to relaunch a national conversation regarding the implementation of a federal 20-week abortion ban.
House Democrats say that the highly edited videos have been widely discredited by experts and that the continued reaction by Republicans is a blatant attempt by conservatives in the party to curb women’s reproductive rights and bring the issue of abortion to the forefront during an election year.
The CMP now faces mounting legal threats regarding the practices they utilized in executing their undercover “stings.” But its videos have spurred pro-life activists to call for the defunding of Planned Parenthood, which receives federal money for women’s health services but not for providing abortions.
On Wednesday, Rep. Bob Goodlatte, R-Va., chairman of the House Judiciary Committee, told the Associated Press that the investigation of Planned Parenthood was intended to “protect taxpayers” from the kind of “horrors” suggested by the secretly recorded videos. And Rep. Mick Mulvaney, R-S.C., stated that 31 House members have signed on to a letter demanding the defunding of Planned Parenthood, with threat of a government shutdown otherwise — making it apparent that GOP leaders will have to strike some sort of deal with their Democratic counterparts to keep the government open next month.
Related: What I Learned Working the Front Desk at Planned Parenthood
But Wednesday’s hearing seemed to be stacked in favor of antiabortion activists, casting aside women’s health and general medical expertise. By a Fox News estimate, an average congressional hearing costs taxpayers $125,000. In the spirit of “protecting taxpayers,” here’s a glimpse into the hearing, which, in a statement, Planned Parenthood called “political theater.”
Was it? You be the judge.
1. “Abortion survivors” were being called as expert witnesses
Two of the four witnesses called to testify were so-called “abortion survivors” — that is, individuals who were born following unsuccessful abortions. As their only firsthand experience with abortion was before they were even born, it is difficult to conclude that they would have any true expertise regarding the matter.
One of the two “abortion survivors” who testified is Melissa Ohden, the founder of the Abortion Survivors Network. In 1977, Ohden’s biological mother, a 19-year old college student, experienced pregnancy complications that led her to choose to terminate her pregnancy while in her second trimester. Five days into the procedure to induce termination — which was conducted at St. Luke’s Hospital in Sioux City, Iowa — Ohden was delivered, still alive, by a nurse. She was then placed up for adoption.
In her testimony, Ohden asked the committee to remember her story while they “consider the horrors of what happens at Planned Parenthood each day,” despite the fact that her birth mother admittedly had not been treated at a Planned Parenthood affiliate clinic.
“We may not have survived abortions at Planned Parenthood, but the expectation for our lives to be ended by abortion are the very same as those who do lose their lives there,” she said. “And I have long believed that if my birthmother’s abortion would have taken place at a Planned Parenthood, I would not be here today. Completing over 300,000 abortions a year provides them with the experience to make sure that ‘failures’ like me don’t happen.”
Related: The Female Face Behind the Senate’s Bill to Defund Planned Parenthood
She concluded by saying, “My own tax dollars and yours go to fund an organization that has perfected the very thing that was meant to end my life.”
The other “abortion survivor” called to testify, Gianna Jessen, is no stranger to congressional hearings, having twice provided anti-choice testimony for previous hearings. She was also invited to attend the signing into law of the Born Alive Infant Protection Act by President George W. Bush in 2002. Jessen’s activism focuses especially on ensuring that abortion bans do not provide exemptions for fetal abnormalities; she herself has cerebral palsy.
In her testimony, Jessen made multiple comparisons of Planned Parenthood to the actions of Nazi leader Adolf Hitler and the Holocaust, notably comparing Planned Parenthood’s assertion that other health centers could not absorb the need to care for women who would otherwise not have access to health care to Hitler’s own propaganda machinations.
And like Ohden, she told the committee, “Planned Parenthood receives $500 million of taxpayer money a year, to primarily destroy and dismember babies.”
Not only do Jessen and Ohden have no medical expertise, no experience as a pregnant woman seeking an abortion, and no experience with Planned Parenthood as an organization, but they also fail to understand the critical detail that, already, no tax dollars go to fund abortion — at Planned Parenthood or anywhere.
2. Planned Parenthood was not asked by the committee to testify
Planned Parenthood Federation of America (PPFA) has confirmed to Yahoo Health that no representatives from their organization were ever asked to testify at the hearing about the practices of their own organization.
3. Committee staff told the witnesses it called not to comment on the Center for Medical Progress or its founder, David Daleiden
During questioning following his testimony this morning, James Bopp Jr., the general counsel for National Right to Life, was asked by committee member Rep. Sheila Jackson Lee, D-Texas, about his knowledge of CMP founder David Daleiden’s involvement and actions while “engag[ing] in the false and misdirected, distorted and maybe criminal videos” that the CMP had released.
Bopp replied that he had “been advised by the committee staff that this hearing is not on that subject and that I should not comment.”
4. A committee member admitted that the House Judiciary Committee has neither seen nor asked for the unedited CMP videos
Rep. Trent Franks, R-Ariz., disclosed that the committee had watched only the highly edited videos that are available to the general public online.
Rep. David Cicilline, D-R.I., asked Rep. Franks repeatedly if the committee was in the possession of the unedited version of the CMP tapes.
At first, Franks told Cicilline, “The unedited full footage of these videos is online. All you have to do — is that incorrect? CMP has stated they’ve released it online months — weeks ago. And so the point is, I would only hope that my friends on the minority would actually look at that video.”
When Cicilline pointed out that even the versions of the tapes that the CMP claimed were unedited were actually confirmed to be edited and asked again if the committee had the original source footage from the CMP, Franks replied, “The answer is no, we do not. But I would suggest we’re in possession of enough of it to indicate that living human, viable babies are being murdered at Planned Parenthood and their bodies parts are being harvested.”
Franks refused to answer Cicilline’s questions about whether the committee had even requested the original source material from the CMP.
5. No medical experts have been called to testify
Only four experts were called to testify at the initial hearing: the general counsel of the National Right to Life, the two “abortion survivors,” and a professor at Yale Law School.
Not a single scientist, physician, or biomedical researcher was asked to weigh in on the science of abortion, fetal development, or fetal tissue donation or research.
6. Only one our of four witnesses who testified were pro-choice
The sole pro-choice voice heard at the hearing was that of Priscilla “Cilla” Smith, the director of the Program for the Study of Reproductive Justice at the Information Society Project at the Yale Law School, who has twice argued cases before the Supreme Court.
Smith gave the longest testimony of any of the four witnesses. First she pointed to the heavy distortion and unreliability of the tapes released by the CMP, noting that it “is not surprising then that the forensic experts found that the manipulation of these videos means ‘they have no evidentiary value in a legal context.’ In fact, it is impossible to draw any reliable conclusions from these videos.”
Smith also testified that the videos also misrepresent the terms of the federal fetal tissue statute by citing the first portion of the statute outlawing “the transfer [of] any human fetal tissue for valuable consideration” without including the statutory section providing that “valuable consideration” does not include “reasonable” payments reimbursing costs. As Smith pointed out, this omission “leaves the misleading impression that Planned Parenthood is violating the law.”
She also offered clarification regarding the Partial Birth Abortion Ban Act of 2003 and the repercussions and meaning of the word “intact” when discussing a fetus, noting that the physical state of the fetus — whether it is “intact” or not — “doesn’t matter one way or the other under the partial-birth abortion statute. Rather, as interpreted and explained by the U.S. Supreme Court, the relevant fact for determining if a physician has performed a so-called partial-birth abortion under the statute is whether the physician had the intent ‘at the outset’ of the procedure” to both deliver a living fetus and to then “perform a separate step [following delivery] that causes fetal demise.”
Smith also called attention to the continued attempts to restrict women’s access to abortion, which is constitutionally guaranteed by Roe v. Wade, as well as the significant impact that defunding Planned Parenthood would have on women’s health care in general. As Smith noted, “Last year, Planned Parenthood provided birth control, lifesaving cancer screenings, STD testing and treatment, and other services to 2.7 million patients, and sex education to 1.5 million people.”
National polling has indicated that defunding Planned Parenthood is unpopular with the majority of voters.
In a press conference on Wednesday, Sen. Patty Murray, D-Wash., whose home state saw a Planned Parenthood clinic under an arson attack last week, emphasized that “just like two years ago, people across the country are going to be very angry if Republicans allow the Tea Party to win the day and cause yet another unnecessary crisis.
“So once again, for the umpteenth time, we are here to ask Republican leaders to do the right thing — to join us at the table, put politics and partisanship aside, and build on the bipartisan deal we reached in 2013.
“We know it can be done — we’ve done it before — and it shouldn’t take another crisis for us to be able to do it again.”