There’s no question that anti-abortion activist David Daleiden surreptitiously recorded healthcare and biomedical services employees across the state of California with the intent of discrediting the healthcare provider, Planned Parenthood — something his heavily edited videos failed to do. There’s also no question that it’s against state law to record confidential conversations without the consent of all the parties involved.
But that doesn’t mean that California Atty. Gen. Xavier Becerra should have charged Daleiden and his co-conspirator, Susan Merritt, with 15 felony counts — one for each of the 14 people recorded, and a 15th for conspiracy. It’s disturbingly aggressive for Becerra to apply this criminal statute to people who were trying to influence a contested issue of public policy, regardless of how sound or popular that policy may be. Planned Parenthood and biomedical company StemExpress, which was also featured in the videos, have another remedy for the harm that was done to them: They can sue Daleiden and Merritt for damages. The state doesn’t need to threaten the pair with prison time.