Stop the spin: A step-by-step look at the four laws Planned Parenthood broke

If all the naysayers – and the White House, for that matter – are looking for proof that Planned Parenthood broke federal law, they need look no further than the statements of Planned Parenthood’s top officials.

Unfortunately, as Lila Rose discovered this week on Hannity, Planned Parenthood’s defenders are not the least bit interested in even looking at the law. If they don’t read the law, they can continue to blindly blither that they don’t see anything illegal going on.

Newsflash to Planned Parenthood and its defenders: Just because you don’t read the law doesn’t mean you don’t have to comply with it. And just because you make your operations “look” like they follow the law, it doesn’t mean they do.

On Hannity, Rose asserted that Planned Parenthood has broken three federal laws:

First, “selling the body parts of babies and getting profit from them;” second, “they’re using partial-birth abortions to do this;” and third, “they’re manipulating the abortion procedure, without the woman’s consent or knowledge, in order to better harvest the organs of the babies they’re going to be killing.”

In fact, Rose was being generous. There are four federal laws and regulations that Planned Parenthood has almost certainly violated.

1) Illegal Profiting from the Sale of Baby Parts


The law against selling fetal tissue is here.

This first legal issue – one of profiting from the sale of baby parts – has been covered in detail here and here. These two articles were written after only the first video had been released.

Dr. Deborah Nucatola was clear that profiting was better than mere reimbursement (emphasis mine):

I think for affiliates…they want to break even. And if they can do a little better than break even, and do so in a way that seems reasonable, they’re happy to do that.

Legally, however, “seeming reasonable,” is not reasonable. In this case, it would amount to breaking the law. Proof that Planned Parenthood has profited off the sale of baby parts is also implicit in Dr. Mary Gatter’s admission in the full footage version of the second video.

Gatter explained that at Planned Parenthood Los Angeles, “we didn’t have to do anything. There was compensation for this.” Getting compensation for doing nothing is called profit, not reimbursement. This really isn’t a difficult legal concept.

Gatter also went on to say (emphasis mine):

Well let me agree to find out what other affiliates in California are getting, and if they’re getting substantially more, then we can discuss it then. … I mean, the money is not the important thing, but it has to be big enough that it is worthwhile. …

It’s been years since I talked about compensation, so let me just figure out what others are getting, if this is in the ballpark, it’s fine, if it’s still low then we can bump it up. I want a Lamborghini. [laughs]

Legally speaking, reimbursement is based on your own personal costs, not on “what others are getting.” Planned Parenthood’s Dr. Deborah Nucatola, in the first video, stated that the payments would vary, based on clinic. She seemed to have some concept of the price varying based on how it looked, at least. Not so with Gatter. If others are getting paid more for a baby liver, she wanted to be paid more!

“Big enough that it is worthwhile” is the talk of profit, not reimbursement. Reimbursement is not “big,” and rarely “worthwhile.” Bumping up a “low” price based on the market is clear evidence of profit, not reimbursement.

2) Committing Illegal Partial-Birth Abortions


One has to look no further than the Federal Partial-Birth Abortion Ban Act and the U.S. Supreme Court case that upheld it, Gonzales v. Carhart, to know that partial birth abortions done for the purpose of collecting baby parts are illegal. Plain and simple.

Nucatola tries to reason away the law:

Partial-birth abortion. It’s not a medical term, it doesn’t exist in reality. … [N]umber 1, the Federal Abortion Ban is a law, and laws are up to interpretation. So there are people who interpret it as intent. So if I say on Day 1 I do not intend to do this, what ultimately happens doesn’t matter. Because I didn’t intend to do this on Day 1 so I’m complying with the law.

Yet despite her attempt, she’s been caught with her pants down, or her baby half-delivered, so to speak.

The federal law says that it is illegal to “deliberately and intentionally” perform a partial-birth abortion (and yes, partial-birth abortion is detailed in the law and in Gonzales). And no, there are no “technicalities of intent” here. When a man commits rape, does it matter what his intent the day before was? Or does his intent in the moment of his deliberate action count, for legal purposes?

I don’t think that answer is difficult to come by.

3) Illegally Manipulating Abortion Procedures

10 week baby. Gatter spoke of aborting these babies with a different method, specifically so their parts could be sold.
Gatter spoke of aborting babies this age with a different method, specifically so their parts could be sold.

Federal law states that an abortionist is not allowed to change procedure to collect “tissue:”

No alteration of the timing, method, or procedures used to terminate the pregnancy was made solely for the purposes of obtaining the tissue.

Federal HHS regulations state:

The timing and method of abortion should not be influenced by the potential uses of fetal tissue for transplantation or medical research.

“Influenced” is actually a very small word, if you consider it. To be influenced by something is even to take it into consideration. It is abundantly clear that Planned Parenthood is more than happy to modify, change, and manipulate its abortion procedures, again and again, to collect fetal tissue.

According to Nucatola, the “reasonable” standard for an abortionist is to change abortion procedure to provide body parts to a buyer. I do not think that word “reasonable” means what she thinks it means.

Nucatola: “With that said, if you maintain enough of a dialogue with the person who’s actually doing the procedure, so they can understand what the end-game is, there are little things, changes they can make in their technique to increase your success.”

Buyer: “Even though they have a set way that they do it, they’re open to changing that?”

Nucatola: “Reasonable, if they’re reasonable people, sure.”

In the full footage transcript of the first video, there are loads more evidence that Nucatola, as an abortionist herself, personally changes procedure to collect tissue. She instructs the buyers how to get other abortionists to do the same, encouraging them to meet up with the abortionists – specifically so they will be more likely to modify their procedures to collect tissue.

For the sake of time, however, we will move to Mary Gatter.

Gatter explicitly advocates for throwing off federal law and the regulation on not changing abortion procedure. In yet another legal problem, Gatter also indicates that women’s informed consent matters very little to her. She goes to town explaining her willingness to violate law:

So that’s an interesting concept. Let me explain to you a little bit of a problem, which may not be a big problem, if our usual technique is suction, at 10 to 12 weeks, and we switch to using an IPAS or something with less suction, and increase the odds that it will come out as an intact specimen, then we’re kind of violating the protocol that says to the patient, “We’re not doing anything different in our care of you.” Now to me, that’s kind of a specious little argument and I wouldn’t object to asking Ian, who’s our surgeon who does the cases, to use an IPAS at that gestational age in order to increase the odds that he’s going to get an intact specimen, but I do need to throw it out there as a concern. Because the patient is signing something and we’re signing something saying that we’re not changing anything with the way we’re managing you, just because we agree to give tissue. … I’m not making a fuss about that.

Gatter even later goes on to admit that she knows this is wrong, when she rejects extra payment specifically designated for the change in procedure: “you’re shading into the area of you’re paying me to do something that’s not right.”

Did you catch that? Something that’s not right. Yes, by the admission of it’s own top officials, Planned Parenthood has concluded that the change in abortion procedure to collect baby parts – and the act of ignoring a woman’s consent – is “not right.”

4) Illegally Committing Abortions with the Knowledge that the Baby Will be “Donated”


Even if Planned Parenthood could prove that they have never made one red penny off of fetal tissue “donation,” the abortion giant would still be in hot water, also known as legal trouble.

Another HHS provision provides (emphasis mine):

The decision to terminate a pregnancy and procedures of abortion should be kept independent from the retrieval and use of fetal tissue.

This means that the doctor performing the abortion should not even know that this particular baby’s mother has consented to give the body parts to research.

CNN quoted Insoo Hyun, associate professor of bioethics at Case Western Reserve University, to drive this point home (emphasis mine):

When fetal tissue is used in research, it is often sent from the hospital or clinic that performs the abortion to an affiliated research center, Hyun said. Another safeguard in the Health and Human Services guidelines is that a clinical team that performs the abortion cannot know that the fetus will be donated, to help ensure that they do not change how they perform the abortion, or jeopardize the safety of the woman, Hyun said.

These guidelines have been solidified and become more widespread since the 1990s, Hyun said, adding that, “I believe [all clinicians] are well aware of them now.

And yet, despite this federal provision – designed to protect the safety of women – the Nucatola and Gatter transcripts are filled with talk of getting the abortion doctors on board with the buyers, so that they will specifically perform their abortions in a way that the proper tissue will be harvested.

Nucatola explains for us:

It makes a huge difference. I’d say a lot of people want liver. And for that reason, most providers will do this case under ultrasound guidance, so they’ll know where they’re putting their forceps. …
So then you’re just kind of cognizant of where you put your graspers, you try to intentionally go above and below the thorax, so that, you know, we’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m going to basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.

According to Nucatola, abortionists will change the baby to breech, for the sole reason of collecting a baby’s brain.

Additionally, the abortion team doesn’t just know which fetuses will be donated, but they even participate in choosing which ones will be used for which donations. (Check the transcript for Nucatola’s morning “huddle” comments.)

Could anything be more stunningly and obviously illegal? How, in the name of anything remotely ethical, can the White House continue to stand by Planned Parenthood?

  • GiGi

    WOW! We need to nail their *sses to the wall. No one is above the law. These animals need to be defunded now.

    • And jailed. For a long time.

      • GiGi

        Agreed Doc

      • Sr.Athens

        Self-less community service to the last, the lost and the least will be better.

        • ….

        • PJ4


        • dwarf

          Could you clarify your meaning?

          • Sr.Athens

            It means to do the utmost good to the most needy is better than to spend time in the jail doing nothing.

          • ontheright

            Disagree. Time behind bars to reflect on the unethical, immoral and illegal acts is paramount if there is to be any rehabilitation.

  • Philbert McNutt

    Looks to me like racketeering charges should be in order as well.
    In addition, their books need to be gone through. A complete and thorough audit of the corporation – and each of its affiliates is in order. Where/how have they been burying that income?

    A pattern of illegal activity carried out as part of an enterprise
    that is owned or controlled by those who are engaged in the illegal
    activity. The latter definition derives from the federal Racketeer
    Influenced and Corruption Organizations Act (RICO), a set of laws (18
    U.S.C.A. § 1961 et seq. [1970]) specifically designed to punish
    racketeering by business enterprises.


      Someone just emailed me today to say she will bring up RICO when she calls her Senators. Another thing – aren’t there laws against monopolies? The government is in deep when they (directly) provide funds to this corporation. Congress, besides seeking to defund Planned Parenthood, should also launch an investigation into the organization’s ethics, practices, who the donors are and the organization’s claims of being “non-profit”.

      • Verity Pink

        I would have thought that there has to be some fraud going on here. Supposing that Planned Parenthood do a taxpayer funded abortion on a woman who agrees to donate the resultant body parts for research – surely the laboratory fee should be offset against the cost to the taxpayer of the original procedure?

        • Philbert McNutt

          We can dream, eh? The Planned Parenthoodlums aren’t going to give up a dime without a fight.

    • George

      I agree with you 100% but just what organization will do the investigation? DOJ, not a chance, they are investigating the messenger. I do not think any federal agency under Obama would permit any investigation. The only hope for your case is if we get a new administration in 2016 that will do what should be done.

      • Philbert McNutt

        This won’t go away anytime soon. That said, unless an actual Rand Paul/Huckabee/Carson type wins the election, I can’t imagine many of the other candidates bucking heads over the issue his first year in office.

  • Ariela

    That was awesome! Thank you for explaining all that… beautiful work.

    I also find Gatter’s “Big enough that it is worthwhile” comment highlights that she (representing PP) wouldn’t donate the fetal tissue for the good of medical research (finding cures and all that wonderful stuff), but rather only if it benefited them financially to do so. Should be given for free if they are so big hearted.

  • lorrainie

    I called all the democrat Senators and told them to defund PP and the reason for calling them all is because when they vote collectively,they are in reality voting on all our behalf. Please call them and let them know your displeased severely. Be nice;-)! Btw, call John Boehner, speaker of the house and the democratic house members because it has to be put up for a vote and John Boehner is having to think about it.
    He needs to get with the program.

    We need to save our babies…God help them

  • Jed

    Planned Parenthood should be completely defunded by the government. Supporters of PP who justify this funding point to the other services PP offers, such as STD testing and medical screening. All of those services should now be covered under ACA mandated insurance, so that argument now fails. Those who support PP should find non-governmental sources of revenue; as a taxpayer, I object to funding an organization that performs several hundreds of thousands of abortions each year. Further, the clear violations of the law mentioned in this article demand a full investigation, and if warranted, charges should be brought as might be appropriate.


      Who allowed Public Health clinics to be supplanted by Planned Parenthood and when did that begin to happen?

      • Jed

        I don’t know that it ever did, at least not in terms of need. Since I’m a woman and I’ve had private health insurance for a long while now, I could very well be wrong about this, but as far as I know, these services have always been available elsewhere. Where I live there are a whole host of state, county, and Indian health services available.

    • Incisor

      We are going to have a fight on our hands in defunding this monstrocity. Even Republicans are too afraid to mess with them. The sham vote to defund was just that, A SHAM. Planned Parenthood is a Democrat cash cow and won’t go down without a fight. Even supposing we could drive Republicans and enough Democrats to override an Owebama veto we will have to stay vigilant to ensure they don’t just fund them through the back door of some government agency.

      • Jed

        The corruption is this country runs so deep and is so pervasive that the rule of law has become meaningless. We have a president who has acted in blatant disregard of both the rule of law and the Constitution for years, and yet has received nothing more than token criticism. A host of Cabinet members have repeatedly violated the law, all with impunity. Our current Sec. of State committed treason under the UCMJ, and yet still holds that high position. The Supreme Court has seized powers not granted to it under the Constitution, and Congress watches it all go by, padding their bank accounts and playing paddle ball.

        Defunding Planned Parenthood isn’t of as much concern as is a fly on Obama’s forehead.

        • RubyMontana

          Unfortunately, this is true. Without extreme public pressure, it all waits until 2017.

          • Jed

            I’m not at all sure we can vote our way out of this.Like I said, when it comes to defunding PP, Congress could care less. To them, this isn’t even a fly speck.

          • RubyMontana

            I’m hoping election time changes the tone.
            And a few more leaked videos.

        • Suzu M

          I’d like to be holding the fly swatter….

  • Steve McClaine

    Thank you for your article. I would give you extra credit for this! Keep up the good work.

  • the media would love for this to go away after the next big story…we cant let that happen. we have to be a voice for these children and their mothers.

    • Philbert McNutt

      Many of them have already started ignoring it. Few of the proglodyte controlled outlets even mentioned the 2nd tape.
      Of course, many – like ABC – pretended that Kermit Gosnell didn’t exist……until he was convicted. Even then, they glossed over his crimes against humanity.

      Can’t allow the proglodyte narrative to be interrupted, now can we?

    • Suzu M

      I’ve written a letter to the editor of my local paper, but it was never printed. I may try again. But meanwhile, I just paint some wooden signs with phrases like: “Defriend Planned Parenthood: You have the Right to Choose better friends” and then, I prop them on my porch or in my yard for the community to see. They may silence me in the local liberal paper, but I still have my yard.

  • J CC

    This Nazi Doktors should get their own Nürenberg Trial.

  • Debbie W. Pociluyko

    How? The White House is just as corrupt and unethical as PP that’s how!!

    • Verity Pink

      I remember the night that President Obama was elected. I was working in a UK healthcare facility doing admin after hours, and there was a doctor and another nurse present, both of them of African Caribbean heritage (I’m white British). They were high fiving each other with delight, that one of their own, who would speak for people who were marginalised and dispossessed, or who just had to work that bit harder than their Caucasian peers, in order to get the same breaks, had been elected.
      However does President Obama reconcile his roots with supporting such an abominably racist organisation?

  • hilaryLiedAmericansDIED

    AWESOME. Thank you for making it easier to just refer to this when the pro-aborts whine&split hairs. NO mercy for the baby-butchering b@$turds at planned”parent”(in the white)hoods.

  • Verity Pink

    My aunt has had the TV on for much of the day – repeated adverts for Windows 10, showing wide-eyed infants full of wonder. I recently learnt that Microsoft is a corporate donor to Planned Parenthood, but, hey, if you can’t commodify unique precious baby human beings as tomorrow’s consumers, then just make them tomorrow’s lab specimens.

  • Loretta Harsh Judy

    Does anyone remember the tale of the Emperor’s New Clothes?? The emperor in this case is Planned Parenthood, who has lied over and over, and has new found new ways to squander the tax payers’ money. While you tell your patients for 40 over years that the “product of conception” is just a blob tissue; when you ignore the the humanity of the children you have murdered for decades; when you think you do not have to obey safety guidelines for your patients; when you care only for big profits, you will become the Emperor, proudly parading in your naked lies. This web of your lies is going to strangle you. We know the Emperor and liar in charge in the White House is trying to stand up for Planned Parenthood, but I think this time, the rank odor of deceit while cover them all

    • Suzu M

      Oh yes, I had written many lines comparing this administration and PP with the Emperor’s New Clothes. It’s a good fit, isn’t it?

  • barbaro70

    Live Action and all of the pro life organizations which expose the viciousness and the greed of the very greedy and ambitious wh0res at Planned Parenthood, starting with Ma Richards´ baby, Cecil–oops, that should have been Cecile, Richards, who is paid–almost said “earns”–$500,000 or so a year, should be encouraged and sponsored with contributions. Thank you, Lila Rose. We beg the Holy Ghost to take all of you special health, extra endurance, courage, conviction.

  • jongnagy

    The Nazis based
    their Aryan purity laws on American eugenic ideas like Margaret Sanger’s
    (PlannedParenthood founder) and other Americans, including Oliver Wendell
    Holmes, Supreme Court justice, to kill or sterilize retarded people.

    Eugenic actions were pioneered in the U.S., and a number of American
    eugenicists praised the Nazi sterilization law

    Despite current
    myths she was not primarily interested in helping women.

    She created Planned
    Parenthood for mostly poor black clients to limit the size of their families so as not to bring
    “undesirable” children in the world.

    Her lead in and
    ideas in eugenics were copied by Nazi Germany to eliminate those” whose
    life was not worth living.” This included retarded children which they— at
    first surreptitiously—”eliminated.”

    No wonder the Nazis
    praised her.

  • Frances Shannon

    I’d love for Live Action to speculate as to whether or not some PP officials could face criminal charges. Thank you for your work.

  • Mase

    I’m just amazed that Americans still think there are “taxpayer funded abortions” or that Planned Parenthood’s funds are fungible. If conservatives cut federal funds to PP, all they would be doing is increasing the cost and decreasing the availability of contraception. The cost of privately paid abortions would stay the same. There would just be more of them.

  • LeRoy Whitman

    Prosecute to uphold Law, or God will take the case in Hand. See the 2 minutes at https://youtu.be/oCB5M5CEZfc

  • Suzu M

    I wonder how many PP abortion workers are scrambling to set up an underground abortion business. I would love to be a fly on the wall in these offices.

  • Madison Lee

    Any government that funds what PP is doing should be shut down.