In a misleading article published this week, Media Matters claims that the undercover video released by the Center for Medical Progress exposing the harvesting and selling of the body parts of aborted fetuses is deceptive in three material ways.

The first two so-called “deceptions” are fact-based, but any complete and objective reading of the entire transcript of the “lunch” with Dr. Deborah Nucatola leads to a clear and convincing factual conclusion: at the highest levels, Planned Parenthood knew of and enabled the harvesting and selling of the body parts of aborted fetuses from many of its clinics across the country.

Regarding its so-called “third deception,” in the context of CMP’s expose, Media Matters makes an incorrect statement of federal law applicable in this case when it asserts:  “Donating Fetal Tissue Is Legal With Consent Of Donor.”

42 U.S.C. 289g-2(a) is the relevant federal statute and makes it unlawful for any person “to knowingly acquire, receive, or otherwise transfer any fetal tissue for valuable consideration if the transfer affects interstate commerce.” Nowhere in 42 U.S.C. 289g-2 is the mother’s “consent” even referenced.  Stated in other words, federal law prohibits the purchase and sale of aborted fetal tissue and organs for valuable consideration even with the consent of the mother — period.

The “donation” of fetal tissue and “informed consent” is addressed in 42 U.S.C. 289g-1, but that section of federal law pertains to the “transplantation” of human fetal tissue for “therapeutic purposes.”  Nowhere in the video or in the transcript does Dr. Nucatola limit or define her organization’s (or her own) harvesting and selling of aborted fetal tissue for transplantation of human fetal tissue for therapeutic purposes.

Media Matters is simply wrong in asserting or suggesting that in the context of the expose of Center for Medical Progress, that federal law allows the donation of fetal tissue with the donor’s consent.  Despite its effort to undermine or rebut the clear and convincing evidence CMP has introduced into this matter, Media Matters is simply wrong on all counts.