New charges filed in PP fetal parts tapes

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srellim234
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Felony counts against the two who made the recordings.

http://www.npr.org/sections/thetwo-way/ ... ny-charges


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And???

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Rogue One wrote:And???
Will Fox news issue an apology for giving so much air time to their BS?

Telcoman

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Telco - The charges aren't related to the "truthfulness" of the tapes. Fox will not issue any apology, at least not until the tapes' creators publicly acknowledge they altered the truth. Even then I wouldn't hold my breath waiting for it.

Rogue- My hope is that in the discovery process and possible trial the truth will publicly come from them regarding how badly they intentionally tailored those tapes to piece together the narrative they set out to achieve before they even started. My belief at this point is that there was no attempt to get at the truth, only an attempt to get enough tape to edit and create a "gotcha" moment that would inflame and incite right wingers.

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srellim234 wrote:Telco - The charges aren't related to the "truthfulness" of the tapes. Fox will not issue any apology, at least not until the tapes' creators publicly acknowledge they altered the truth. Even then I wouldn't hold my breath waiting for it.

Rogue- My hope is that in the discovery process and possible trial the truth will publicly come from them regarding how badly they intentionally tailored those tapes to piece together the narrative they set out to achieve before they even started. My belief at this point is that there was no attempt to get at the truth, only an attempt to get enough tape to edit and create a "gotcha" moment that would inflame and incite right wingers.
Damage is already done..

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srellim234
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Yes, damage is already done but the elected officials who blindly bought into it need to be exposed and called out on it. Like Donald Trump with his corruption and lies, they need to be called out. Additionally, reasonable people need to make sure they are prevented from holding office in the future by withholding votes from those who would take legislative action without facts to back them up.

We need a moderate party to keep the left and the right extremists in check. What we have now is terrible for our country.

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srellim234 don't hold your breath.

California Prosecutors Don’t Have A Case Against Planned Parenthood Whistleblowers

Fourteen of these charges are filed under California Penal Code Section 632, which criminalizes recording confidential communication without consent of all parties. It’s clear that the Planned Parenthood representatives did not know they were being recorded, but the law still requires a confidential communication.

Section 632 provides a definition of confidential communication, which states in relevant part (emphasis added):

The term ‘confidential communication’ includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering…

California law specifically excludes communication made in a public gathering, which is exactly the circumstances of a conversation held in a public restaurant. Because wait staff and other patrons could easily overhear a conversation in public, the parties cannot have what the law terms a “reasonable expectation of privacy” in those circumstances. Clearly, those videos from Planned Parenthood were not criminal recordings.

What about the recordings inside Planned Parenthood?

California Attorney General Zavier Becarra said of the charges against Daledien and Meritt, “The right to privacy is a cornerstone of California’s Constitution, and a right that is foundational in a free democratic society.” He added, “We will not tolerate the criminal recording of confidential communication.”

However, the Ninth Circuit, whose jurisdiction includes California, has repeatedly affirmed that privacy is an individual right that cannot be asserted by a corporation. The Ninth Circuit recently held, “This common-sense notion that privacy is an aspect of one’s personal life is reflected in the law,” in a case that contemplated very similar facts: undercover journalists posing as were invited into the laboratories and administrative offices of a medical company and recorded the conversations without the company’s consent.

The Ninth Circuit noted that because the conversation did not involve any details about the doctor’s private and personal affairs, there was no reasonable expectation of privacy in the contents of the business conversation, even behind closed doors. The Ninth Circuit held, “The expectation of limited privacy in a communication … is reasonable only to the extent that the communication conveys information private and personal to the declarant.”

The court also cited two California Supreme Court opinions addressing the interest in limited privacy, saying those cases “are illustrative of this point”—that the communication must be personal and private to the individual making the statement. Business discussions by medical staff of Planned Parenthood are not communicating personal and private information about the staffer himself.

There Was No Underlying Criminal Conduct.

The conversation with Planned Parenthood is not protected by HIPAA (the federal Health Insurance Portability and Accountability Act of 1996). The right to privacy in medical records is held by an individual person not a medical corporation or its staff. Planned Parenthood cannot assert any individual rights in the information because it is the patient’s right.

For the fetal tissue, California law does not recognize a fetus as a person for purposes of possessing rights, so there is no more right to privacy established to begin with than if the conversation were discussing car parts. If California law recognized a fetus as a person with full rights, then the right to privacy would be owned by the unborn child, not Planned Parenthood.

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I'm definitely not holding my breath. With the politicizing of the courts and rulings being made based on ideology instead of actual law, though, who really knows how this will play out. We'll just have to wait and see...


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