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Crime selectors, pages, etc.
Indiana AG launches probe of doctor who gave 10-year-old abortion
By HatetheSwamp
July 14, 2022 4:15 pm
Category: Crime

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"Indiana AG Todd Rokita called Dr. Caitlin Bernard, an OB-GYN who works out of two different clinics in Indiana, an “abortion activist acting as a doctor” who has a “history of failing to report” criminal incidents.

We are investigating this situation and are waiting for the relevant documents to prove if the abortion and/or the abuse were reported, as Dr. Caitlin Bernard had requirements to do both under Indiana law,” Rokita, a pro-life Republican, said in a statement Thursday.

The failure to do so constitutes a crime in Indiana, and her behavior could also affect her licensure. Additionally, if a HIPAA violation did occur, that may affect next steps as well. I will not relent in the pursuit of the truth.”

Cited and related links:

  1. nypost.com

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Comments on "Indiana AG launches probe of doctor who gave 10-year-old abortion":

  1. by Curt_Anderson on July 14, 2022 5:59 pm
    I predict that the doctor won't see a day in court. The case will be dropped first. It's grandstanding by the AG to impress the rubes. If she does go to court it will be to sue the AG for defamation and intimidation.

  2. by HatetheSwamp on July 14, 2022 6:04 pm

    My guess is she'll receive professional discipline, perhaps even a suspension of her license.

  3. by Curt_Anderson on July 14, 2022 6:14 pm
    Neither will happen, HtS. The AG's "probe" won't go anywhere either. It will quietly go away. Much like the noise about Tony Ornato "wanting to testify" presumably to refute Cassidy Hutchinson's account of what he told her.

  4. by HatetheSwamp on July 14, 2022 6:48 pm

    There are HIPAA issues here.

    And, Red AGs seem to be interested in making examples of pro-abortion grandstanders.

  5. by Curt_Anderson on July 14, 2022 6:57 pm
    What HIPAA issues? No patient names were revealed.

  6. by oldedude on July 14, 2022 8:15 pm
    If it's a legal case (as in Roe v Wade), the 10 year old's name will be divulged to the court, but not be used in court or anywhere except in evidence gathering. It's the same with the scumbag that had sex with her. Ten years old? Really?

    Maybe pedojoe's tied to this one. or pedojr! Yeah, that's the ticket!

  7. by oldedude on July 14, 2022 8:17 pm
    Sorry, it actually seems pretty clear in this case. My thought is that any judge that looks at the law would come up with the same opinion.

  8. by Curt_Anderson on July 14, 2022 9:05 pm
    The Indiana AG, Rokita, said the doctor is required by law to report abuse. I wonder if that's true when the abuse (rape) happened in Ohio. Especially when it was widely reported the rapist was arrested and is in jail in Ohio.

    The AG is grandstanding, probably stung by the fact that rape of a ten year-old was not a fake news story despite Jim Jordan (and others include some here) calling the report a lie.

  9. by islander on July 15, 2022 5:05 am

    "Ohio’s attorney general Dave Yost told the Fox News Channel that he doubted the story because he had not heard that there had been any report of a rape, although as journalist Magdi Semrau noted on Twitter, sexual assault, especially sexual assault of a child, is rarely reported. Yost later said “there is not a damn scintilla of evidence” that such a thing happened. Right-wing media immediately began to assert that the story was false, and the Indiana attorney general, Todd Rokita, went further, telling Fox News Channel host Jesse Watters that his office would investigate the doctor who provided abortion care to the child, suggesting she had not filed a report on the case as legally required.

    Today, law enforcement officers in Columbus, Ohio, arrested a 27-year-old man who confessed to raping the child. In addition, Politico found the required report filed correctly. A lawyer for the doctor released a statement saying the doctor “took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician. She followed all relevant policies, procedures, and regulations in this case, just as she does every day to provide the best possible care for her patients. She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer. We are considering legal action against those who have smeared my client.” *

    * H.C.R.

  10. by HatetheSwamp on July 15, 2022 5:18 am

    A lawyer for the doctor released a statement saying the doctor “took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician.

    Ah, her LAWYER said it. Well, now, that settles it. Bahahahahahahahahahaha.

    "C'mon, Jack! Read the polls."

    That H.C.R. is, simply, silly.

  11. by islander on July 15, 2022 5:23 am

    "The AG is grandstanding, probably stung by the fact that rape of a ten year-old was not a fake news story despite Jim Jordan (and others include some here) calling the report a lie." ---Curt

    Exactly, Curt !

  12. by oldedude on July 15, 2022 5:37 am
    "The Indiana AG, Rokita, said the doctor is required by law to report abuse. I wonder if that's true when the abuse (rape) happened in Ohio. Especially when it was widely reported the rapist was arrested and is in jail in Ohio."

    I agree, this is kind of an interesting dilemma. Should an abortion have been done on the 10 year old? Was a parent there? or was she there with other non-family members. How far along was she?

    Ohio restricts abortion to 6 weeks or a heartbeat. There is no rape or incest clause.1

    Seemingly, there are "options" providers are aware of if she was outside the confines of the law. I'm not convinced they would be appropriate in this case.

    My "guess" is the 'legal' line the doctor will use is that it was out of state. If the office knew there was a 10 year old coming to his clinic, that might be harder to show in court. Also, was the woman cycling, and if so was it regular? There's just a lot of questions we don't know.

    Personally, I think the is going to be a tough case any way you show it. I think the 6 week rule is too restrictive, especially in a rape or incest issue. The fact that she's 10 is another issue. And then there's the body harvesting issue.


    abortionislegalinohio.com

  13. by HatetheSwamp on July 15, 2022 5:47 am

    My guess is that, as a consequence of the Supreme Court requiring that, in a constitutional republic, "the people and their representatives" regulate abortion, there's going to be a boatload of grandstanding on both sides.

    Sadly, for Blue Ultra-MAGA progressives, who think that people aren't smart or, simply, don't UNDERSTAND, winning the hearts of those who neither are smart, nor UNDERSTAND, runs against the grain, grandstanding, very likely, is the only arrow in their quiver.

  14. by oldedude on July 15, 2022 6:30 am
    I agree. The issue that a 10 year old was used for grandstanding is a problem unto itself. The other question is how well was the family paid for the use of their daughter? Did she have to wait until after the six weeks in order for them to get the money, therefore demanding an out of state abortion for the sake of the media? From the time they announced they were looking for a subject to the arrest told me the family knew the perp.

  15. by HatetheSwamp on July 15, 2022 6:58 am

    OD,

    I know that there are slimeballs on both sides, but, who can deny that slimeball politics is a way of life on the left.

    People on the right are appalled by the things OrangeMan says. But, our Blue Ultra-MAGAs here never stand against ugliness on their side. Ever. It's their way of life. This is a case in point.

    Their grandstanding over the tragedy imposed on an innocent 10 year old?

    It's outrageous. But, par for the Blue Ultra-MAGA course.

    Despicable.

  16. by islander on July 15, 2022 11:38 am

    Ah, her LAWYER said it. Well, now, that settles it. Bahahahahahahahahahaha."

    "Indiana's Republican attorney general, Todd Rokita, has called for an investigation into the doctor. On Fox News, he questioned whether Bernard had followed state reporting requirements.

    Indiana University Health issued a statement Friday, saying Bernard had complied with applicable privacy laws.

    "As part of IU Health's commitment to patient privacy and compliance with privacy laws, IU Health routinely initiates reviews, including the matters in the news concerning Dr. Caitlin Bernard," the statement said. "Pursuant to its policy, IU Health conducted an investigation with the full cooperation of Dr. Bernard and other IU Health team members. IU Health's investigation found Dr. Bernard in compliance with privacy laws.

    The documents released by Indiana state health officials include reports of abortions performed by multiple providers across the state in recent weeks, including four by Dr. Bernard.

    Her report, filed on July 2, noted that the 10-year-old girl's pregnancy occurred as a result of abuse, and estimates that the patient was six weeks pregnant at the time of the abortion."*

    I guess we'll just have to see if Indiana's Republican attorney general, Todd Rokita is going to drop this just like he did his claim the the rape was a lie.

    * NPR

  17. by HatetheSwamp on July 15, 2022 11:55 am

    Get up to speed, there, isle. It was Ohio AG Dave Yost who cast aspersions on the veracity of the rape claim.

    Relax, buddy. I don't think that the dust will settle on this story for a long time.

    And, do you suppose that the state AG is going to take the IU's word on this and drop the investigation? You're nearly as credulous as Curt.

  18. by islander on July 15, 2022 1:41 pm

    My error with regard to mixing up Yost and Rokita.

    And yes...I don't think Dr. Bernard did anything wrong. I have little doubt that if there is any kind of investigation it will confirm that.

  19. by oldedude on July 15, 2022 8:42 pm
    Can we respectively disagree? I think we have roughly the same facts, but it's up for discussion. (Notice no quotes, etc? This is an honest look at the case).

  20. by islander on July 16, 2022 4:54 am

    "A new document obtained by NPR confirms that an Indiana doctor reported to state officials that she had performed an abortion last month on a 10-year-old rape victim.

    The release of the document comes after Indiana's attorney general said he would investigate the physician, claiming without providing evidence that she has a history of failing to report abortions as required under Indiana law.
    In the document released by the Indiana Department of Health and reviewed by NPR, Dr. Caitlin Bernard says she provided a medication abortion to a 10-year-old girl at Indiana University Health Medical Center in Indianapolis on June 30. That procedure uses pills to induce an abortion and involves a two-drug protocol approved for use up to 10 weeks of pregnancy.

    According to the report, the abortion took place a few days after the Supreme Court's Dobbs v. Jackson Women's Health Organization decision, which overturned longstanding abortion-rights precedent and triggered abortion bans to take effect in multiple states.

    The story drew widespread public attention after Bernard related the incident to the Indianapolis Star, saying the girl had to cross state lines because of Ohio's abortion ban. Prominent abortion rights opponents expressed skepticism – until this week, when a 27-year-old man was charged with the girl's rape in Franklin County, Ohio."

    npr.org

  21. by HatetheSwamp on July 16, 2022 5:37 am

    I'd love to know what your point is, isle.

    That's right. I don't UNDERSTAND.

  22. by islander on July 16, 2022 6:16 am

    If you look up at the topic title that you posted, and read the first three comments, you should be able to understand what my point is. If you’re still unable to understand, all I can say is, “Don’t worry about it. It’s ok.”

  23. by HatetheSwamp on July 16, 2022 6:55 am

    isle,

    Just tell me. Do you think that a report from blatantly pro-abortion NPR and a statement from Dr. Bernard's effin LAWYER is enough to settle the issue?

    Or, do you think that Attorneys General in the two states should be satisfied?

    I'm a knuckle dragger, no doubt. So, still, I don't UNDERSTAND.

  24. by islander on July 16, 2022 7:17 am

    Hate---Like I said, if you still don't understand...“Don’t worry about it. It’s ok.”

  25. by HatetheSwamp on July 16, 2022 7:18 am

    It's not that easy isle. What you think matters.

  26. by islander on July 16, 2022 7:45 am

    I imagine it must be difficult for you to not understand something.

    But you shouldn't worry about it. Instead, just think about things that you do understand.

  27. by HatetheSwamp on July 16, 2022 8:16 am

    Oh, isle, as far as I can tell, I UNDERSTAND practically nuthin. That's what I'm told, anyway. So, not UNDERSTANDing is a way of life for me.

    You being UNDERSTAND MAN, it'd be tuff for you. But, then, you UNDERSTAND.

  28. by islander on July 17, 2022 4:26 am

    I agree.

  29. by HatetheSwamp on July 17, 2022 4:33 am

    "It isn't easy being green." -Kermit THE Frog

    ...but, apparently, it's a little too easy being isle

    Bahahahahahahahahahaha.

  30. by islander on July 17, 2022 6:04 am

    Yes, it's wonderful being me

    There's no one I'd rather be...

  31. by Donna on July 19, 2022 8:03 am
    Senate Republicans blocked an effort to take up a bill that would guarantee women’s right to travel to another state to obtain an abortion. Now we are beginning to see just how tyrannical and radical is the mind-set of forced-birth crusaders.

  32. by Donna on July 19, 2022 8:08 am
    Idaho’s GOP changed its platform to call for the criminalization of all abortions. Some delegates shared concerns about ectopic pregnancies and proposed an exemption in the platform when a woman’s life is in “lethal danger.” The exemption proposal was voted down, 412-164.

    The episode involving a 10-year-old rape victim will be repeated countless times as abortion bans with no exception for rape or incest multiply. Like school shootings the GOP is ready to live with this for some idea of a "greater good" defined as making America 'Christian again.'

  33. by HatetheSwamp on July 19, 2022 8:22 am

    Donna,

    I abhor the Idaho thing. Fortunately, it's simply a platform thing. Your side includes all sorts of insanity in its various platforms, so don't be so quick to pass judgment. In fact, that's what platforms are about. I seriously doubt that it will become law, or that it could be constitutional.

    Having said that, this chaos is precisely what life in our constitutional republic is designed to be...a vivid struggle to find truth as free people in, as Lincoln described in so brilliantly, "a nation of the people, by the people and for the people."

    I'll say again that I'm coming to believe is that the greatest difference between your side and mine is that we embrace the energy life in a constitutional republic demands...

    ...and that your side loves governmental authority and its mandates.

  34. by Donna on July 19, 2022 8:25 am
    How can you say that with a straight face?

    In all fairness, though, I can't see you.

  35. by islander on July 19, 2022 8:39 am
    ”I'll say again that I'm coming to believe is that the greatest difference between your side and mine is that we embrace the energy life in a constitutional republic demands...

    ...and that your side loves governmental authority and its mandates.”

    You can say that all you want but this is just one more case” demonstrating how erroneous your belief is.



    You depend on governmental authority and it’s mandates to allow the state to step into a doctor’s office and determine what the decisions a woman and her doctor are allowed to make.



    You cannot say it’s up to the people and their elected officials to make those determinations because those elected officials, whether state or federal, ARE the government.

  36. by Donna on July 19, 2022 9:07 am
    The Republican Senate isn't agreeing to guarantee a women’s right to travel to another state to obtain an abortion! Nope, if you're in a woman in need of an abortion for any reason including saving your own life, and your state government makes it a crime to go to another state to get an abortion, that's too fucking bad. You have to remain in the state and give birth. Your freedom and your very life mean nothing.




  37. by HatetheSwamp on July 19, 2022 9:44 am

    Donna,

    To the best of my knowledge, there are no laws prohibiting a woman from crossing state lines to receive an abortion.

    If you're aware of those state laws,...

  38. by Donna on July 19, 2022 10:38 am
    Not yet at least. The cowardly Republican Senate could have nipped it is the bud, but chose not to.

    June 30, 2022 – Several national anti-abortion advocacy groups and lawmakers in Republican-led states are pushing forward with plans to block people from crossing state lines to seek the procedure elsewhere...

    “Just because you jump across a state line doesn’t mean your home state doesn’t have jurisdiction,” Peter Breen, vice president and senior counsel for the Thomas More Society, told the newspaper.

    “It’s not a free abortion card when you drive across the state line,” he said.

    The Thomas More Society, a conservative legal organization, is drafting model legislation for state lawmakers to use, which would allow private citizens to sue anyone who helps a resident end a pregnancy outside of a state that has banned abortion. The draft language borrows from the recent Texas abortion ban, which allows private citizens to enforce the law through civil litigation.

    The National Association of Christian Lawmakers, an anti-abortion organization led by Republican state legislators, has also begun working with the authors of the Texas abortion ban, the Post reported. The group is exploring model legislation that would restrict people from crossing state lines for abortions.
    webmd.com

  39. by HatetheSwamp on July 19, 2022 10:53 am

    Donna,

    People in the US should be permitted to stand up for the Tenth Amendment without being accused of being being accused of having a flawed character.

    That's how I understand the GOP vote. Some things are not the prerogative of the Federal government.

    The truth is, the GOPs can be seen as being courageous in upholding principle.

    It seems to me that the paradigm shifted in the US when the the conservative justices on the Supreme Court got themselves focused.

    This is becoming a nation, again, with a Constitution and a meaningful Bill of Rights. If that's the case, DC government will be weaker.

    I can tell you that abortion providers here in Pennsylvania are preparing themselves for women coming here for abortion services.

  40. by Donna on July 19, 2022 10:56 am
    I don't see where the 10th Amendment allows a state government to prevent its residents from seeking services outside of the state.

  41. by HatetheSwamp on July 19, 2022 11:09 am

    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    That's how.

    Can it be more clear?




  42. by Donna on July 19, 2022 11:25 am
    I'll let the Constitutional scholars here battle it out, but I have a feeling that our Constitution doesn't permit a state to impose a law that prevents a resident from undergoing a medical procedure in another state that isn't legal in their own state.

  43. by Curt_Anderson on July 19, 2022 11:26 am
    HtS,
    You totally misinterpret or misunderstand the 10th Amendment. The citizens of a state are not in a prison colony. You may travel to other states to do things that may be illegal in your home state. If you live in a state where cannabis is illegal you can legally smoke pot in Oregon for example.

    Terminally ill patients who are residents of others states have come to Oregon because of our Death With Dignity Act.

  44. by HatetheSwamp on July 19, 2022 12:04 pm

    Curt,

    My only point is that the Bill of Rights frees states from federal tyranny by making it clear that everything power not given to the federal government by the Constitution belongs to the states.

    I'm not a lawyer and I'm certainly not a constitutional scholar but, seeing the punch line of the Dobbs opinion, that regulation of abortion will rest in the hands of "the people and their elected representatives," it seems to me that the way forward is that states are going to settle this.

    In the days before the Trump Justices took over, it would be easy to see that restricting travel between states would give the Court justification to intervene in those state laws.

    The question: will one or two the five Justices who overturned Roe come to the rescue?

    Maybe.

    But, remember. This is a new day.

  45. by oldedude on July 19, 2022 5:53 pm
    "You totally misinterpret or misunderstand the 10th Amendment. The citizens of a state are not in a prison colony. You may travel to other states to do things that may be illegal in your home state. If you live in a state where cannabis is illegal you can legally smoke pot in Oregon for example."

    The issue is; if I smoke weed in (say) CO, but drive in to KS still high, I am guilty of impaired (per se) to drive. Or hold. Or sell. etcetcetc.

    Our constitution was specifically set up that way as a means to keep the powerful states (the southeast) from taking over the other states less powerful. So blame the federalists (read dims) for putting that in as a safeguard for themselves.

    I know the Strong de-centralized government just completely hacks at every liberal's craw, but that's how it is. Deal with it.


  46. by Curt_Anderson on July 19, 2022 6:15 pm
    "The issue is; if I smoke weed in (say) CO, but drive in to KS still high, I am guilty of impaired (per se) to drive. Or hold. Or sell. etcetcetc." --OD

    Your drug of choice doesn't matter in that case. If you got drunk in Colorado and drunkenly drive into Kansas, you broke Kansas law and could be arrested on a DUII. If you had a half finished bottle of whiskey in your console the Kansas state troopers could arrest you and it's no defense to say "but I bought that whiskey in Denver". Nor would it help you if you sold alcohol to an underage minor.

    However, if what you did in Colorado stays in Colorado and you don't transport anything back to Kansas either internally or externally, you are good to go.

  47. by Donna on July 19, 2022 6:22 pm
    I think it's funny that you actually had to explain to him why what he wrote doesn't apply to the abortion case we're discussing.

  48. by oldedude on July 19, 2022 7:07 pm
    Because you don't have the ability to see a simile. The issue is that you (all) whine and are little biatches about me bringing up the law, and yet when I don't because I believe you're actually semi educated, you biatch about that.

    Do you want me to make it clearer to you? I'll talk so my 1st grade granddaughters will tell me not to patronize them.

  49. by Curt_Anderson on July 19, 2022 7:27 pm
    OD,
    We all understand similes, metaphors and analogies. I (and apparently Donna) just don't think yours was applicable.

    We can argue more about this but I suggest we wait to see if any state passes a law that isn't upended in the Supreme Court that prohibits a person from leaving their home state to obtain an abortion in state where it is legal.

  50. by Donna on July 19, 2022 10:55 pm
    Olde dude may have a point, Curt. His "simile" might be applicable if a woman returned to her home state after the abortion with the dead fetus in a large pickle jar.

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