Reacting to the news that the filmmakers related to the Center for Medical Progress (CMP) would be indicted on criminal charges in the Planned Parenthood baby parts scandal, Monday’s Kelly File concluded with host Megyn Kelly and senior judicial analyst Judge Andrew Napolitano excoriating the liberal Harris County, TX prosecutor for enacting “a political hit job” on the pro-life figures that exposed the massive scandal.
Kelly began with a summary of what transpired late Monday and Napolitano first commented that what people should take away from the development was simply “that a political prosecutor has injected herself in very serious issue about whether or not Planned Parenthood was profiting from the abortion of babies by selling body parts.”
After explaining how the investigation was originally called for by pro-life Republican Lieutenant Governor Dan Patrick, the Harris County prosecutor was supposed “to investigate whether or not these tapes were real” and “[w]as Planned Parenthood really offering to sell body parts and did they, in fact, reference parts they sold the body parts?”
While he maintained that those who watch any of the CMP videos are free to make their own conclusions:
I submit that if you watch them, you will conclude that they did sell parts and were willing to sell them in the future. So the prosecutor investigates this and she decides to present a case to a grand jury. We haven't see the grand jury transcript yet but we will. Not charging Planned Parenthood with selling body parts but charging the journalists who were testing Planned Parenthood with participating in an actual conspiracy to sell body parts.
The FNC analyst added that the indictment made little sense to him since the charges brought are “crimes of intent” and “[y]ou have to intend to commit this crime.”
Kelly wondered if it “sound[ed] like a political hit job” and Napolitano shot back:
Absolutely this is a political hit job. You used to practice law. I used to be on the bench. We both know a skilled prosecutor can get a grand jury to indict anything. The favorite phrase is you can get a grand jury to indict a ham sandwich if you want. There's no judge. There’s nobody there on the other side. We won't know what this prosecutor told the grand jury unless and until there's an actual criminal trial.
The transcript of the segment from FNC’s The Kelly File on January 25 can be found below.
FNC’s The Kelly File
January 25, 2016
9:53 p.m. Eastern
MEYGN KELLY: Developing tonight, a Texas grand jury bringing criminal charges recommending them against the filmmaker who shot a series of hidden camera videos targeting Planned Parenthood. David Daleiden — that’s a name I can never pronounce that — the founder of the Ceeter for Medical Progress was indicted on charges of tampering with a government record and purchase and sale of human organs, he was the undercover guy making the videos. Another colleague of his was also charged, Planned Parenthood was not charged. Joining me now, Fox News senior judicial analyst, Judge Andrew Napolitano. Judge, what does this mean?
JUDGE ANDREW NAPOLITANO: This means that a political prosecutor has injected herself in very serious issue about whether or not Planned Parenthood was profiting from the abortion of babies by selling body parts. Here's the back story. The lieutenant governor, the new lieutenant governor of Texas, Dan Patrick is a very, very serious pro-life advocate, was before he was lieutenant governor, is now. He asked this prosecutor to investigate whether or not these tapes were real. Was Planned Parenthood really offering to sell body parts and did they, in fact, reference parts they sold the body parts?
KELLY: Which they deny.
NAPOLITANO: Which they deny and anybody that watches the tapes can come to their own conclusion. I submit that if you watch them, you will conclude that they did sell parts and were willing to sell them in the future. So the prosecutor investigates this and she decides to present a case to a grand jury. We haven't see the grand jury transcript yet but we will. Not charging Planned Parenthood with selling body parts but charging the journalists who were testing Planned Parenthood with participating in an actual conspiracy to sell body parts.
KELLY: Meanwhile, they didn't actually want to buy any body parts at all. It was a sting.
NAPOLITANO: No, of course not and these are what we call crimes of intent. You have to intend to commit this crime. You can't just utter the words, so if a journalist says to Planned Parenthood, are interested in selling body parts? That journalist now has to worry about being indicted for suggesting a crime.
KELLY: So, does this sound like a political hit job or what is this.
NAPOLITANO: Absolutely this is a political hit job. You used to practice law. I used to be on the bench. We both know a skilled prosecutor can get a grand jury to indict anything. The favorite phrase is you can get a grand jury to indict a ham sandwich if you want. There's no judge. There’s nobody there on the other side. We won't know what this prosecutor told the grand jury unless and until there's an actual criminal trial.
KELLY: This is fascinating. Looking forward to getting a look at this complaint. Judge, great to see you.
