Former Kan. AG Kline Questioned on Ethics of Investigations Into Abortion Providers

February 22, 2011 — Phill Kline (R), the former Kansas Attorney General and Johnson County district attorney, on Monday answered questions before the state Board of Discipline for Attorneys about his investigation into a Planned Parenthood clinic and abortion provider George Tiller, who was murdered in May 2009, the Wichita Eagle reports. Kline had accused abortion providers in the state of violating the law and not reporting pregnancies of minors and had sought patient medical records. The investigation began shortly after Kline became attorney general in 2003 and continued when he became district attorney in 2007.

The disciplinary administrator's office contends that Kline lied to the state Supreme Court about whether he was seeking the identities of women who had obtained abortions, selectively presented information to a Johnson County grand jury investigating Tiller, mishandled medical records and discussed active cases on Fox News' "The O'Reilly Factor." In a letter to Kline's attorneys, Hazlett wrote, "This disciplinary proceeding is not about whether abortion is right or wrong," instead, "we will argue that Mr. Kline's strong personal anti-abortion beliefs interfered with his judgment." If the panel finds that Kline violated ethics rules, it will recommend discipline to the Kansas Supreme Court, ranging from censure to disbarment.

Kline denied any wrongdoing in a formal response to the charges and said his investigation was consistent with traditional methods (Klepper, Wichita Eagle, 2/21). On Monday, Kline said that the state's attorney general's office had deceived the Kansas Department of Social and Rehabilitation Services during the investigation, but defended the action, Tokepa Capital-Journal reports. Kline maintained that the office was not required to tell SRS why it was seeking information about the identities of underage girls seeking abortions because the department was a potential witness in the case. He said that law enforcement can deceive potential witnesses over concerns that evidence might be altered during the course of the investigation.

According to Kline's testimony, the concern was that the administration of then-Gov. Kathleen Sebelius (D) was "not being forthright in the investigation" and that the Sebelius administration had an "adverse view" to the type of investigation.

In the case of adult women receiving abortions later in pregnancy from Tiller, Kline said he planned to prosecute the case without having the women testify and without knowing their names (Fry, Topeka Capital-Journal, 2/21).