Activists who accused Planned Parenthood of selling fetal remains plead to felony

Two anti-abortion activists who made sensational videos of Planned Parenthood officials nearly a decade ago pleaded no contest this week to a felony count of illegally recording someone without consent.

This story first appeared at Cal Matters.

David Daleiden and Sandra Merritt secretly filmed Planned Parenthood executives in California and edited the clips in a way that purported to show them selling fetal remains. Monday’s plea deal and felony conviction ends a criminal case that has dragged through the court system since 2017.

Their explosive videos triggered multiple state investigations into the allegations, some of which were led by Republican attorneys general. Those inquiries cleared Planned Parenthood of any wrongdoing, but court cases related to the videos are ongoing.

Daleiden and Merritt pleaded no contest in San Francisco Superior Court and waived any right to appeal. A sentencing hearing will happen roughly a year from now.

Attorney General Rob Bonta, who has taken a firm stance supporting abortion access, said in a statement that the conviction helps ensure California residents can exercise their state constitutional rights to reproductive health care.

“We will not hesitate to continue taking action against those who threaten access to abortion care — whether by recording confidential conversations or other means,” Bonta said.

The conviction comes less than a week after President Donald Trump limited federal enforcement of a law meant to protect abortion clinic workers and pardoned 23 anti-abortion activists convicted of harassing abortion clinic workers.

The terms of the plea agreement prohibit Daleiden and Merritt from contacting or naming any of the victims of the illegal recordings. They must also obey all laws.

Daleiden downplayed the felony conviction in a statement on his website, Center for Medical Progress, saying that the conviction comes with “zero punishment.”

“After enduring 9 years of weaponized political prosecution, putting an end to the lawfare launched by Kamala Harris is a huge victory for my investigative reporting and for the public’s right to know the truth about Planned Parenthood’s sale of aborted baby body parts,” Daleiden said.

At the time, then-California Attorney General Kamala Harris launched an investigation into Daleiden and Merritt’s actions after they published a series of videos showing covertly filmed conversations of Planned Parenthood executives discussing abortion procedures and how tissue is collected and exchanged with research companies.

Donating fetal tissue to researchers and recouping expenses is legal under U.S. law and states may impose additional regulations.

The recordings sparked a firestorm of national outrage, particularly from conservative activists and lawmakers who oppose abortion, fueling calls to defund Planned Parenthood. The subjects of the recordings received death threats in the aftermath.

Planned Parenthood won a $2.2 million civil lawsuit in San Francisco against Daleiden and Merritt for violating fraud, trespassing and recording laws.

In an unsigned statement, Bonta’s office said it disagreed with Daleiden’s characterization of the plea deal.

“Make no mistake: the defendants are now convicted felons. They are guilty of feloniously recording private communications.”

Under California law, Daleiden and Merritt are eligible to ask a judge to reduce the conviction to a misdemeanor in 12 months if they adhere to the terms of the plea deal.

Supported by the California Health Care Foundation (CHCF), which works to ensure that people have access to the care they need, when they need it, at a price they can afford. Visit www.chcf.org to learn more.