Client David Daleiden with his Lead Counsel
and Life Legal Vice President, Katie Short
Life Legal Brief Completely Refutes
National Abortion Federation Lies:
NAF INVITED David Daleiden
To Its “Secret” Meetings!
The National Abortion Federation has played the victim card too long. In the months since suing David Daleiden and the Center for Medical Progress, the National Abortion Federation (NAF) has claimed that David and other investigators are “racketeers” who went on a “three-year crime spree” and committed “fraud,” “crashed” the NAF meetings, and “stole” NAF information. NAF is suing for an injunction to prevent David from releasing the recordings and information he obtained at the NAF meeting on the grounds that he “snuck into” their completely secure, private meetings and repelled them with his constant questions about buying fetal tissue. Nothing could be further from the truth.
On Thursday, Life Legal filed an opposition brief to NAF’s motion for preliminary injunction. The brief argues that the public has a right to know what David uncovered at the NAF meetings, that he conducted his investigation legally, and that NAF welcomed David and the other investigators as dealers in fetal tissue.
“In September 2013, I directed two investigators to attend a conference of the Association of Reproductive Health Professionals (ARHP) as representatives of BioMax Procurement Services. At that time, BioMax was not registered with the California Secretary of State and did not have a website, flyers, or signage. BioMax was the name for a business that had not yet come into formal existence.”
At the ARHP meeting, the investigators met two NAF employees and began explaining to them BioMax’s plan to buy fetal tissue. Here’s what happened, as caught on tape:
“Less than four minutes into the conversation, [one NAF employee] invited the investigators, as representatives of BioMax, to attend and exhibit at the next NAF Annual Meeting, which she informed them would be in San Francisco the following April. One investigator told her that BioMax planned to give clinics some of the fees that it received from researchers for providing fetal tissue—an action that would be plainly illegal. [The NAF employee] responded that their members would be very interested in learning about that and strongly encouraged them to exhibit at the NAF meeting…. [The other NAF employee] told the investigators to ‘stay in touch with us because our exhibitor prospectus comes out at the end of the year.’”
The NAF staff can be heard on the tape giving the BioMax representatives their business cards, and one said she would put the BioMax representatives in touch with the NAF employee in charge of the exhibitor space at the NAF meetings. David continues:
“In November 2013, I e-mailed [the NAF employee], referencing the conversation at the ARHP conference. [She]thanked me for the e-mail and copied [another NAF employee] in her reply, saying that that woman could provide all the information needed to register for a booth. In December, I e-mailed her and asked about pricing and availability for exhibit space for the April meeting. She responded by sending the ten-page 2014 NAF Annual Meeting Exhibitor Prospectus, which contained the dates, times, and exact location of the April meeting. . . .
At the 2014 NAF Annual Meeting, I and two other investigators engaged in many conversations with other attendees, including NAF personnel. I took every opportunity to describe BioMax’s business model of financially “rewarding” and “thanking” clinics for providing fetal tissue. Most attendees, including NAF personnel, appeared to welcome BioMax’s and my presence at the conference. At no time did any industry participants raise concerns about BioMax’s stated business plan.”
After the NAF meeting, CMP continued its investigation by attending other conferences and meeting with other abortion providers, such as Drs. Nucatola, Gatter, and Ginde. David describes his next contact with NAF:
“Attending the 2015 NAF Annual Meeting was not a priority, and I let the deadline for registering pass without taking any action. However, when I received the email from a NAF employee in March 2015, encouraging BioMax to attend and exhibit, I decided that NAF’s significant interest in assisting its members with selling fetal tissue warranted BioMax’s attendance.”
With the help of this NAF employee, David registered BioMax for the 2015 NAF meeting and was personally welcomed by her at the meeting.
In other words, NAF unwittingly rolled out the red carpet for BioMax because NAF believed they were illegal dealers in fetal tissue! NAF invited the investigators to come to the supposedly top-secret meeting. Moreover, after David and the other investigators, acting for BioMax, pitched their business plan of buying aborted baby body parts to everyone they could, they were invited back! BioMax became so well respected due to its illegal business model of providing monetary incentives that it was sought out and asked to come again even after it missed the application deadline.
It’s time for the National Abortion Federation to admit the truth: they were completely taken in by a legitimate undercover investigation, and yes, they were uncovered.