De-Kline of a Vendetta
moiv printable version print page     Bookmark and Share
Wed Dec 27, 2006 at 02:20:31 AM EST
Photobucket - Video and Image Hosting
For over three years, Kansas Attorney General Phill Kline has spent enormous amounts of both his time and the taxpayers' money pursuing an obsessive vendetta against Planned Parenthood in Overland Park and Dr. George Tiller in Wichita. Driven by his own decidedly unusual views about sex, his animus against abortion rights in general, and seemingly by his feelings about Dr. Tiller in particular, Kline has stooped to making common cause with the likes of Life Dynamics' Mark Crutcher, Operation Rescue's Troy Newman and Bill O'Reilly.  

After a resounding defeat last month by Democrat Paul Morrison, Kline's term as AG is drawing to an end. This January, as Paul Morrison becomes Attorney General of Kansas, Kline -- through a bit of GOP legerdemain that has left Kansans heartily disgusted -- will assume Morrison's former position as District Attorney of Johnson County. Phill Kline has only days remaining in which to turn the last three tortuous and torturous years of legal persecution into a long-sought prosecution . . . and he's hell-bent on using every one of them.

TIMELINE OF THE KLINE-TILLER CASE

2003 -- Attorney General Phill Kline asks Shawnee County District Judge Richard Anderson to issue subpoenas for medical records of 90 women and girls who have had abortions from clinics operated by George Tiller in Wichita and Planned Parenthood in Overland Park.

2004 -- Anderson issues the subpoenas. The clinics ask the Kansas Supreme Court to intervene. It does, sending the case back to Anderson and ordering him to be more stringent about protecting patients' privacy.

Kline says he needs information from the records -- but not the names of adult patients -- to investigate potential child rapes and possible violations of state abortion laws by the clinics. The clinics accuse Kline of being on a fishing expedition.

In October 2006, after a prolonged legal battle, the judge finally handed Kline the medical records he sought, after personally having redacted all information that could identify any individual patients. Shortly afterward, with Kline present as a guest on his television program, Bill O'Reilly revealed private medical information that he claimed came directly from those same supposedly secure records in Kline's personal custody. And Kline didn't even blink, let alone ask O'Reilly any questions about the source of that highly confidential information.

But Dr. Tiller had questions aplenty, and he wanted answers. Dr. Tiller's attorney remarked, "This has been our concern from the beginning, that if he ended up with these records, that just this type of event would occur. Our worst nightmare has happened. Women in America deserve better than this."

November 2006 -- Tiller asks the Kansas Supreme Court to investigate Kline and Fox television host Bill O'Reilly.
:::
The Kansas Supreme Court later refuses to intervene on behalf of Tiller and the Planned Parenthood clinic, who had asked the court to appoint a special prosecutor and seize the records of the 90 patients.

And now, as December draws to a close, Kline's time is running short.

Time is working against Phill Kline as the Republican and passionately anti-abortion attorney general seeks to vindicate himself over activities that helped prompt Kansas voters to boot him from statewide office.

Kline has long been pursuing abortion clinics operated in Wichita by Dr. George Tiller and in Overland Park by Planned Parenthood of Kansas and Mid-Missouri.
:::
He and the clinics battled in court for more than two years over the records of 90 patients. While Kline obtained edited versions of those records in October, two weeks before the Nov. 7 general election, his pursuit of the documents was a key factor in his loss to Democrat Paul Morrison, as many voters appeared to agree with Morrison that it represented an invasion of patients' privacy.

After the election, filing a case against Tiller, based on evidence from those records, became an opportunity for Kline to tell Kansans he was right to pursue them.

On Jan. 8, when he leaves the attorney general's office, he will become Johnson County district attorney, giving him time to pursue Planned Parenthood. But he has only eight working days to get a criminal case against Tiller going.

And no one can say he isn't putting a rush on it.

Late Thursday, Kline and his top assistants traveled to Wichita, where Tiller's clinic is located, and filed 30 misdemeanor charges against Tiller, accusing him of performing illegal late-term abortions.

State District Court Judge Eric Yost issued a summons for Tiller to appear in court on Wednesday to answer the charges, which carry a penalty of up to one year in prison for each count.

By early Friday afternoon, Sedgwick County District Attorney Nola Foulston stepped into the fray.

She asked State District Court Judge Paul Clark to dismiss the case because she said Kline had no authority to file the charges because he failed to consult with her office.

"The district attorney does in fact object to any such filing by the attorney general as he lacks the legal authority to file such complaint in this jurisdiction," Foulston said.

Clark agreed and dismissed the case.

By late Friday, Kline had dispatched an assistant by plane to find Clark to file an emergency motion for reconsideration.

What is the ostensible impetus for Kline's urgent need, in his last days as Attorney General, to press criminal charges against Dr. George Tiller? Why, it's that old legal bugaboo, "health of the woman." Health is what Kline says it is -- and as even a superficial acquaintance with his own actions over the past few years reveals, Phill Kline doesn't see mental dysfunction as a bar to competency in either daily life or public service.

In most of the abortions at issue, Tiller and a second doctor listed as justification for the abortion "major depressive disorder, "single episode," or "acute stress disorder," according to Kline.

Kline said those justifications don't fit the law's exemption that refers to "substantial and irreversible impairment to a major bodily function of the mother."

But Tiller's attorneys disputed Kline, saying, "A review of the charges makes clear that Phill Kline continues to belittle the role of a woman's mental health in her decision to terminate a pregnancy. Whether he likes it or not, the U.S. Supreme Court has held to the contrary," they said.

Kline responded, saying, "I would anticipate that any case like this is going to flush out a lot of constitutional issues."

Let us consider the constitutional issue of mental health, as the diagnosis and treatment of this type of illness are understood, taught and practiced by expertly qualified physicians across the nation -- practitioners with an infinitely more profound knowledge of its importance and ramifications than Kline could ever hope for.

Here's a comment that I received this week regarding the excuse for Kline's vendetta, written by a physician far more respected in the field of medicine than is Kline in the field of public service:

This guy needs a simple lesson I teach the students and residents all the time:
  • Suicide is the #3 cause of mortality among 15-24 year olds,
  • Major Depression is the most prevalent risk factor for suicide, therefore ...
  • Major Depression is a potentially FATAL illness!

Doctors aren't the only ones disgusted with Phill Kline. The Lawrence Journal-World ran a blistering editorial on Christmas Eve.

Although only 35 percent of Johnson County voters supported Kline's bid to continue as attorney general, a slim majority of the county's Republican committeemen and committeewomen decided he was the best choice to fill the district attorney's seat.

Their selection of Kline, who has almost no experience as a prosecutor, over an 18-year veteran of the Johnson County DA's office led to speculation that committee members might be more interested in Kline's political agenda -- notably his vigorous opposition to abortion -- than in his prosecutorial skills. The vote seemed to nullify any discussion that the Johnson County Republican central committee was attempting to move to the philosophical middle and ease the polarization that has plagued its organization.
:::
[T]he Kansas Government Ethics Commission said it would hold a public hearing on Kline's alleged misuse of state computers in his failed re-election campaign. Kline is accused of harvesting e-mail addresses of people who had contacted his office for assistance and using them to send messages to "expressly advocate" his re-election, according to the ethics commission notice. Kline could face a fine of up to $5,000 for the violations.

Kline was fined $1,500 by the commission in March after reporting that a consulting firm working for his campaign had unintentionally solicited contributions from lobbyists, which is illegal.

Ironically, even if Kline is found in violation of the most recent charge and fined the maximum of $5,000, a total of $6,500 in fines would have seemed inconsequential if it had bought him a victory. It's unfortunate that illegal practices that can have a significant impact on the outcome of a campaign don't warrant a more meaningful punishment.
:::
Kline's intention to continue his activist agenda seemed to be confirmed by his filing Thursday of criminal charges against a Wichita doctor who performs abortions. Residents of Johnson County and the rest of the state can only hope that Kline will rise above his controversial reputation and serve with the professionalism that his new job demands.

And Kansas Governor Kathleen Silbelius has taken the unusual move of issuing an official public statement on Kline's irregular appointment as Johnson County's new District Attorney.

With the overwhelming election of Paul Morrison as Attorney General - an outcome even more pronounced in Johnson County - the people of Kansas made a strong and unequivocal statement about Phill Kline's fitness for law enforcement and his pursuit of misguided, personal priorities in public office.

Out of a deep and enduring respect for the will of the people, I cannot approve of Kline's appointment as Johnson County district attorney by a small, narrow group of partisan political operatives.

I do not believe such a clear majority of Kansans rejected Kline's stewardship as attorney general with the intention of seeing him continue a public career in law enforcement paid for by taxpayers.

Since Kansas law treats my response to this decision as purely "ceremonial," I join the people of Kansas in hoping he conducts himself differently as district attorney than he did in his term as attorney general.

But Kline isn't finished with being Attorney General just yet. On Wednesday morning he will have the chance to plead his case one last time.

A judge agreed Tuesday to let Kansas' attorney general, a vocal abortion opponent, try to persuade him to reinstate charges against a well-known abortion provider.

District Judge Paul W. Clark scheduled a hearing for Wednesday after Attorney General Phill Kline asked him to reconsider his decision to dismiss the case against Dr. George Tiller over a jurisdictional issue.
:::
The judge said he would consider on Wednesday only whether a district court can limit a district attorney's power to dismiss a criminal case and, if there are circumstances allowing a court to intervene, whether they are present in Tiller's case.
:::
"Tomorrow's hearing will tell if corrupt partisan politics will continue to interfere with justice," said Troy Newman, president of the anti-abortion group Operation Rescue.

Photobucket - Video and Image HostingAmen, Brother Newman, amen. At long last, there is one point upon which we agree. But corrupt partisan politics will always play a part in the legal process, for as long as the Operation Rescue "Man of the Year," Kansas Attorney General Phill Kline, is on the case.

Do keep checking your watch, though, because time's a-wasting.




Display:
and can no longer pursue Dr. Tiller, he has vowed to continue his crusade against Planned Parenthood within his new and smaller jurisdiction.

by moiv on Wed Dec 27, 2006 at 02:30:32 AM EST


WWW Talk To Action


Cognitive Dissonance & Dominionism Denial
There is new research on why people are averse to hearing or learning about the views of ideological opponents. Based on evaluation of five......
By Frederick Clarkson (375 comments)
Will the Air Force Do Anything To Rein In Its Dynamic Duo of Gay-Bashing, Misogynistic Bloggers?
"I always get nervous when I see female pastors/chaplains. Here is why everyone should as well: "First, women are not called to be pastors,......
By Chris Rodda (203 comments)
The Legacy of Big Oil
The media is ablaze with the upcoming publication of David Grann's book, Killers of the Flower Moon. The shocking non fiction account of the......
By wilkyjr (111 comments)
Gimme That Old Time Dominionism Denial
Over the years, I have written a great deal here and in other venues about the explicitly theocratic movement called dominionism -- which has......
By Frederick Clarkson (101 comments)
History Advisor to Members of Congress Completely Twists Jefferson's Words to Support Muslim Ban
Pseudo-historian David Barton, best known for his misquoting of our country's founders to promote the notion that America was founded as a Christian nation,......
By Chris Rodda (113 comments)
"Christian Fighter Pilot" Calls First Lesbian Air Force Academy Commandant a Liar
In a new post on his "Christian Fighter Pilot" blog titled "BGen Kristin Goodwin and the USAFA Honor Code," Air Force Lieutenant Colonel Jonathan......
By Chris Rodda (144 comments)
Catholic Right Leader Unapologetic about Call for 'Death to Liberal Professors' -- UPDATED
Today, Donald Trump appointed C-FAM Executive Vice President Lisa Correnti to the US Delegation To UN Commission On Status Of Women. (C-FAM is a......
By Frederick Clarkson (126 comments)
Controlling Information
     Yesterday I listened to Russ Limbaugh.  Rush advised listeners it would be best that they not listen to CNN,MSNBC, ABC, CBS and......
By wilkyjr (118 comments)
Is Bannon Fifth-Columning the Pope?
In December 2016 I wrote about how White House chief strategist Steve Bannon, who likes to flash his Catholic credentials when it comes to......
By Frank Cocozzelli (251 comments)
Ross Douthat's Hackery on the Seemingly Incongruous Alliance of Bannon & Burke
Conservative Catholic writer Ross Douthat has dissembled again. This time, in a February 15, 2017 New York Times op-ed titled The Trump Era's Catholic......
By Frank Cocozzelli (64 comments)
`So-Called Patriots' Attack The Rule Of Law
Every so often, right-wing commentator Pat Buchanan lurches out of the far-right fever swamp where he has resided for the past 50 years to......
By Rob Boston (161 comments)
Bad Faith from Focus on the Family
Here is one from the archives, Feb 12, 2011, that serves as a reminder of how deeply disingenuous people can be. Appeals to seek......
By Frederick Clarkson (177 comments)
The Legacy of George Wallace
"One need not accept any of those views to agree that they had appealed to real concerns of real people, not to mindless, unreasoning......
By wilkyjr (70 comments)
Betsy DeVos's Mudsill View of Public Education
My Talk to Action colleague Rachel Tabachnick has been doing yeoman's work in explaining Betsy DeVos's long-term strategy for decimating universal public education. If......
By Frank Cocozzelli (80 comments)
Prince and DeVos Families at Intersection of Radical Free Market Privatizers and Religious Right
This post from 2011 surfaces important information about President-Elect Trump's nominee for Secretary of Education, Betsy DeVos. -- FC Erik Prince, Brother of Betsy......
By Rachel Tabachnick (218 comments)

Respect for Others? or Political Correctness?
The term "political correctness" as used by Conservatives and Republicans has often puzzled me: what exactly do they mean by it? After reading Chip Berlin's piece here-- http://www.talk2action.org/story/2016/7/21/04356/9417 I thought about what he explained......
MTOLincoln (253 comments)
Fear
What I'm feeling now is fear.  I swear that it seems my nightmares are coming true with this new "president".  I'm also frustrated because so many people are not connecting all the dots! I've......
ArchaeoBob (107 comments)
"America - love it or LEAVE!"
I've been hearing that and similar sentiments fairly frequently in the last few days - far FAR more often than ever before.  Hearing about "consequences for burning the flag (actions) from Trump is chilling!......
ArchaeoBob (214 comments)
"Faked!" Meme
Keep your eyes and ears open for a possible move to try to discredit the people openly opposing Trump and the bigots, especially people who have experienced terrorism from the "Right"  (Christian Terrorism is......
ArchaeoBob (165 comments)
More aggressive proselytizing
My wife told me today of an experience she had this last week, where she was proselytized by a McDonald's employee while in the store. ......
ArchaeoBob (163 comments)
See if you recognize names on this list
This comes from the local newspaper, which was conservative before and took a hard right turn after it was sold. Hint: Sarah Palin's name is on it!  (It's also connected to Trump.) ......
ArchaeoBob (169 comments)
Unions: A Labor Day Discussion
This is a revision of an article which I posted on my personal board and also on Dailykos. I had an interesting discussion on a discussion board concerning Unions. I tried to piece it......
Xulon (180 comments)
Extremely obnoxious protesters at WitchsFest NYC: connected to NAR?
In July of this year, some extremely loud, obnoxious Christian-identified protesters showed up at WitchsFest, an annual Pagan street fair here in NYC.  Here's an account of the protest by Pagan writer Heather Greene......
Diane Vera (130 comments)
Capitalism and the Attack on the Imago Dei
I joined this site today, having been linked here by Crooksandliars' Blog Roundup. I thought I'd put up something I put up previously on my Wordpress blog and also at the DailyKos. As will......
Xulon (331 comments)
History of attitudes towards poverty and the churches.
Jesus is said to have stated that "The Poor will always be with you" and some Christians have used that to refuse to try to help the poor, because "they will always be with......
ArchaeoBob (149 comments)
Alternate economy medical treatment
Dogemperor wrote several times about the alternate economy structure that dominionists have built.  Well, it's actually made the news.  Pretty good article, although it doesn't get into how bad people could be (have been)......
ArchaeoBob (90 comments)
Evidence violence is more common than believed
Think I've been making things up about experiencing Christian Terrorism or exaggerating, or that it was an isolated incident?  I suggest you read this article (linked below in body), which is about our great......
ArchaeoBob (214 comments)

More Diaries...




All trademarks and copyrights on this page are owned by their respective companies. Comments, posts, stories, and all other content are owned by the authors. Everything else © 2005 Talk to Action, LLC.