When the videos initially became public, a spokesperson for the attorneys told National Review that the footage was entered into the public record when Calif. Attorney General Xavier Becerra Read filed a public criminal proceeding based on it.
Judge Orrick, however, said the lawyers failed to explain why the links to the videos needed to be published when the California state court judge had a thumb drive with the files, Courthouse News Service reports.
Defending themselves against the contempt charges, the attorneys had told Judge Orrick they aimed to use the videos to help defend their client against 15 felony charges he faced in California state court. They had believed the injunction did not apply to them. The judge said that under federal court rules an injunction also applies to attorneys, Bay City News reports.
The National Abortion Federation had accused Daleiden of creating a three-minute "preview" that identified abortionists by name, called them "evil," "a baby killer" and "a systematic murderer." The video asked viewers to share the video to hold Planned Parenthood accountable for "their illegal sale of baby parts."
Judge Orrick's ruling sided with the abortion federation, saying that Daleiden had failed to rebut the evidence against him by showing "deafening silence" and refusing to answer questions in his defense. Rather, he cited attorney-client privilege.
The judge said that in his review of the videos he found no evidence that abortion providers agreed to illegally sell fetal tissue, as alleged.
He ordered Daledein and the Center for Medical Progress to turn over all video of the federation's meetings to the attorneys representing him in the civil lawsuit against him.
In June, a California court dismissed 14 of 15 felony charges against Daledein and a co-defendant Sandra Merritt involving illegal recording of confidential communications for their videos of Planned Parenthood employees, not the abortion federation.
The California attorney general is seeking to reinstate the charges.
In the federal case, Daleiden's attorneys filed a June 7 motion to disqualify Judge Orrick, claiming the judge was biased in favor of the plaintiff and against the defendant.
The motion cited an affidavit by Daleiden citing the judge's role as an emeritus board member for a family resource center linked to a Planned Parenthood affiliate that is part of the National Abortion Federation.
(Story continues below)
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Daleiden also cited the social media behavior of the judge's wife, such as expressions of support for Planned Parenthood in the face of the videos. She also appeared to support stories critical of the Center for Media Progress and Daleiden. The judge's wife had liked a post on the Facebook page "Keep America Pro-Choice" that supported the Harris County, Texas indictment of Daleiden.
The videos provoked a massive response from Planned Parenthood and its allies. A 2015 grant listing from the Open Societies Foundation, published after a foundations' computer system was hacked, revealed apparent plans for a $7 to $8 million response campaign.