Planned Parenthood Sting Felony: Using a Fake Drivers License

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Today we learned more about the felony charges leveled at David Daleiden, the guy who masterminded the sting videos against Planned Parenthood. The basic charge is a misdemeanor, according to Josh Schaffer, a lawyer for Planned Parenthood in Houston:

Daleiden emailed Planned Parenthood in June [2015], asking to buy fetal tissue for $1,600….Planned Parenthood, Schaffer said, never responded to Daleiden’s email. “He probably didn’t know he was breaking the law,” Schaffer added.

And from a follow-up story: “It doesn’t matter if he intended to buy it,” Schaffer said, “making the request is illegal, even if an offer isn’t accepted.”

But the charge got upgraded to a felony because Daleiden used a fake ID:

Daleiden and an associate breezed past the building’s metal detector, and allegedly presented as identification a phony California drivers license with the name of an alias, Robert Sarkis. In normal cases, the use of a fake ID would not warrant felony charges….But Texas state law includes a provision that elevates this transgression—knowingly using a fake government document—to a second-degree felony if “the intent is to defraud or harm another.” The grand jury decided that Daleiden’s goal was to do just that, by using his cover story to make a covert recording designed to damage Planned Parenthood’s reputation.

So there you have it. Offering to buy fetal tissue is a misdemeanor, whether or not you actually go through with it. And using a fake government ID is a felony in Texas if you use it with intent to harm another—which Daleiden very much intended and hoped to do.

I continue to have some doubts about these charges. As much as I dislike what Daleiden did—and the egregiously deceptive videos he put together after the sting—Texas law seems to make it almost inherently illegal for a reporter or anyone else to try to expose illicit activity. That’s often going to require a solicitation to commit a crime; it’s frequently going to require some kind of bogus ID; and it’s pretty much always done with an intent to harm. But if you put those together, you’ve automatically got a felony, even if the target of your investigation turns out to be a mafia front.

I dunno. Any lawyers in the audience are invited to chime in here. Maybe I’m overstating how often these three elements come together. But somehow this doesn’t quite sit right with me.

POSTSCRIPT: I wonder why Daleiden used a fake ID with a fake expiration date of 2014 for a sting he carried out in 2015? Sloppy.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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