Ninth Circuit Affirms NAF’s Preliminary Injunction Against CMP

Today, the Ninth Circuit affirmed the district court’s order granting NAF a preliminary injunction prohibiting Biomax Procurement Services LLC, the Center for Medical Progress (CMP), David Daleiden, and Troy Newman from releasing recordings and materials they illegally obtained at NAF’s educational meetings.

“Today’s ruling helps protect the safety and security of our members,” said Vicki Saporta, NAF President and CEO. “There’s no denying that the smear campaign launched by the defendants has put abortion providers at risk, and we are grateful that the Ninth Circuit affirmed our preliminary injunction.”

As we’ve known all along, David Daleiden and his co-conspirators are the ones who broke the law, not abortion providers. In order to circumvent the very necessary security precautions NAF has in place, CMP engaged in a long-running illegal conspiracy. They set up a fake company and sent fake employees of that company with fake identities to misrepresent themselves and gain access to NAF’s annual meetings and member facilities that provide abortion care. They signed agreements with NAF that prohibited the activities they have engaged in, obviously with no intention of honoring those agreements. The Ninth Circuit rejected the defendants’ claims that they were released from their contractual obligations because they obtained evidence of criminal wrongdoing:

“Given the district court’s finding, which is supported by substantial evidence, that the tapes contain no evidence of criminal activity, and its recognition of several states’ ongoing ‘formal efforts to secure the NAF recordings,’ the preliminary injunction carefully balances the interests of NAF and law enforcement. We therefore decline the request…to modify the injunction.”

“Morrison & Foerster is proud to stand with NAF and its members in the fight against extremists who took the law into their own hands,” said Derek Foran, litigation partner with Morrison & Foerster. “The Ninth Circuit’s ruling confirms what we have said all along: No one is above the law.”

Today’s ruling comes hours after the California Attorney General filed a criminal complaint and arrest warrant detailing 15 felony charges against David Daleiden and Sandra Merritt for recording confidential conversations and felony conspiracy.

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Timeline of NAF v. CMP federal lawsuit

Leading experts file briefs in support of NAF’s preliminary injunction

March 29, 2017

Alissa Manzoeillo, National Abortion Federation
202.667.5881, ext 219; 202.595.4395 (after hours/cell)

The National Abortion Federation (NAF) is the professional association of abortion providers. Our members include individuals, private and non-profit clinics, Planned Parenthood affiliates, women’s health centers, physicians’ offices, and hospitals who together care for approximately half the women who choose abortion in the U.S. and Canada each year. Our members also include public hospitals and both public and private clinics in Mexico City and private clinics in Colombia. Our mission is to ensure safe, legal, and accessible abortion care, which promotes health and justice for women.

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