Why the Senate Should Reject Stephen Six for the 10th Circuit Court of Appeals
By Former Kansas Attorney General Phill Kline
In January 2008, Kansas governor Kathleen Sebelius appointed Stephen Six as Kansas Attorney General to replace Paul Morrison who was forced to resign in a sex and legal scandal. Six then used the power of his office to thwart, delay and interfere with the only criminal case ever filed against abortion giant Planned Parenthood.
It is for this purpose that Sebelius appointed Six and it is for a job well done that President Obama has nominated Six to the 10th Circuit Court of Appeals. Planned Parenthood is a large benefactor of Sebelius and the President.
The criminal case against Planned Parenthood alleges the abortion giant committed 107 criminal acts, including 23 felonies. Planned Parenthood may lose $350 million plus in annual federal funding if convicted.
On October 17, 2007, as Johnson County District Attorney, I charged Planned Parenthood with crimes after Johnson County Judge James Vanos reviewed my evidence over 8 hours and two days and found probable cause to believe Planned Parenthood committed the illegal acts. Vanos become the second Judge to find probable cause in the Planned Parenthood prosecution that I investigated while Attorney General and then later filed as District Attorney.
The charges are based on records redacted of patient identities which were subpoenaed by Shawnee County District Judge Richard Anderson in October of 2004. Typically law enforcement can receive such records with patient names within three working days, yet here Planned Parenthood was able to delay use of the records for three years.
Today, more than six years after the original records were subpoenaed, the criminal charges against Planned Parenthood have yet to reach trial. Much of this delay is due to Six.
Six’s actions include: 1) pursuing two lawsuits aimed at returning the evidence against Planned Parenthood to Planned Parenthood; 2) obtaining secret orders to silence a key witness; and 3) suing the prosecutor (myself) in an effort to remove from my office the evidence against Planned Parenthood.
During his nomination hearing before the Senate Judiciary Committee, Six was asked about these actions. Six’s answers were so vague and evasive Senator Chuck Grassley of Iowa requested that Six provide his answers in writing. He has – and these written responses are even more deceptive.
Six portrays his attacks on the prosecution of Planned Parenthood as merely “seeking guidance” from the Kansas Supreme Court on how to handle “sensitive” records.
The “sensitive” records of which Six speaks are records required to be maintained be statute for the purpose of enforcing Kansas abortion law and redacted medical records which do not contain any patient identities. Both sets of records are necessary for enforcing Kansas restrictions on late-term abortion and for enforcing Kansas law requiring the report of child rape by medical providers.
It is these records which revealed that during a time when 166 abortions were performed on underage children in Kansas, that Dr. George Tiller and Planned Parenthood only each reported one case of child rape.
Six worked overtime, coordinating with the Sebelius legal efforts to prevent these enforcement records and redacted medical records from being used against Planned Parenthood.
Sebelius is now Secretary of Health and Human Services for the Obama Administration. In that position Sebelius oversees abortion clinic compliance with state laws requiring the report of child rape. The very type of investigation Sebelius helped prevent while Governor.
Six repeatedly justifies his actions based on patient privacy and the claim that Judge Richard Anderson indicated that the records could result in identifying a patient. Six’s representation of Anderson’s statements is misleading.
Anderson was the judge who issued the subpoena of the records in the first place. In response to a question posed by Planned Parenthood’s attorneys, Anderson only conceded that a patient could identify their own records.
Anderson repeatedly stressed, however, that a third party could not identify a patient from the records. The records are so scrubbed of patient identities that they go further than HIPPA, the federal government medical record privacy act. Anderson was so convinced that the records should be used in a criminal prosecution against Planned Parenthood that he vigorously fought Six’s lawsuit to have all the evidence against Planned Parenthood to Planned Parenthood. Six fails to mention these observations by Anderson and Anderson’s criticism of Six’s efforts.
Furthermore, the abortion patient obviously knows they had an abortion – redacting records to the point that a patient could not identify their own records, renders the record meaningless for any purpose.
In January of 2008, a key witness testified at a hearing in the criminal case I filed against Planned Parenthood. That witness, in pleadings and testimony indicated that Planned Parenthood apparently committed felonies to cover-up misdemeanors by manufacturing records in response to a subpoena. The witness even mentioned a handwriting expert who confirmed the documents were not what Planned Parenthood claimed.
In media accounts, Planned Parenthood remarkably claimed that it did not use copy machines in 2003 and 2004 and that it was forced to hand reproduce all copies.
In response to this evidence of criminality by Planned Parenthood, Six promptly and secretly petitioned the Kansas Supreme Court to silence that witness. The Supreme Court, without notifying me or anyone involved in that prosecution, granted the request. A majority of the Court had been appointed by Sebelius, for life. Kansas does not require a confirmation process for the appointments.
I later learned of Six’s efforts when I subpoenaed that witness for another hearing. The witness informed me of the secret order and I was forced to appeal that order back to the very court that issued the order – the Kansas Supreme Court.
In October of 2010, more than two years after the subpoena, the Supreme Court reversed itself and allowed the witness to testify – but the damage was done. The case was delayed for another two years. More than six years after the original subpoena and probable cause finding, the Planned Parenthood case has yet to reach trial. It was Six who orchestrated much of this delay.
Additionally, Six teamed with the Sebelius Administration to prevent my access to the compliance reports in possession of the Sebelius Administration. Six filed motions and briefs in support of Governor Sebelius’ claim that my office could not use the very reports the legislature intended to be used in criminal proceedings such as the case I filed.
In response to repeated queries by Senators regarding Six’s efforts to coordinate strategies with the Sebelius Administration Six stated he did not recall any such efforts, that he did not speak with Sebelius about “criminal” cases and that his “criminal division” did not coordinate with Sebelius.
Six fails to mention that his “civil division” coordinated the efforts on behalf of Planned Parenthood. Six’s criminal division was not involved because Six refused to consider charges against Planned Parenthood.
Six also maintains that the Attorney General does not have any authority to file abortion charges. Six claims that only a District Attorney could file such charges. It is this legal position which defeated the only substantive charges against Dr. George Tiller – charges I filed in December of 2006, while Attorney General.
Yet, when I was District Attorney filed charges against Planned Parenthood, Six maintained the legal position that only his office could be in possession of the evidence against Planned Parenthood. Accordingly, Six now claimed that the only office, his office as Attorney General, which was unable to file charges against Planned Parenthood should have the evidence while the only office which could file charges, my District Attorney’s Office should be forced to give up the evidence.
This apparent inconsistency cannot be explained by law. Rather, Six’s actions can only be rendered consistent if you consider his motivation as preventing any criminal charges against Planned Parenthood from moving forward.
Six’s a lack of candor and actions should not be rewarded with an appointment to an appellate court position.
Planned Parenthood’s $1 billion of annual revenue stands to be reduced by 33% if convicted. Six’s use of his office to protect the interests of a large corporate benefactor of a Governor who appointed Six to office would scream corruption but for the injection of abortion politics.
Six’s willingness to sue a judge, sue a prosecutor, obtain secret ex parte orders to silence witnesses in order to protect a major political player; and his deception of the Senate regarding such efforts – clearly disqualify him for consideration to the federal bench.
You can learn more about author Phill Kline at www.standwithtruth.com
Learn more about Phill Kline’s battle to enforce Kansas laws protecting children and restricting abortion at www.plannedparenthoodcorruption.org
To find source documents cited in this column you may also click on the documents tab at the top of this page.
 Morrison resigned while facing allegations that he had an affair with a woman working for then Johnson County District Attorney Phill Kline. The allegations included claims by the woman that Morrison attempted to use their relationship to interfere with Kline’s investigation of Kansas abortion clinics. Carl Manning, Morrison Steps Down amid Scandal over Extramarital Affair, Assoc. Press (Dec. 15, 2007).
 See e.g., www.plannedparenthoodcorruption.org/library-of-documents/
 In fiscal year 2009 (ending on June 30, 2009) Planned Parenthood reported total revenues of just over $1.1 billion of which $363 million was federal taxpayer funds. Planned Parenthood Federation of America Annual Report (2009)(available at www.plannedparenthoodcorruption.org).
 In 2003, as Attorney General, I opened an investigation into Planned Parenthood’s failure to report child rape and criminal late-term abortion. The effort inspired numerous lawsuits by Planned Parenthood delaying the production of necessary records. In 2006, I was defeated by Sebelius recruited abortion funded Paul Morrison who ran his successful campaign promising to end my investigation of the clinics claiming the effort was a “witch hunt” and “invasion of privacy.” See, e.g., John Hanna, Voters decide whether to oust Kline in bitter AG’s race, Assoc. Press (Nov. 7, 2006)(“Morrison made Kline’s two-year pursuit of patient records from two abortion clinics a major issue, accusing him of abusing his office and invading patients’ privacy”).
 Judge Anderson has stated “the medical records were completely deidentified” and “no patient could be identified from review of any medical file.” Six v. Anderson, Case No. 99,050 (2007)(Additional Response to Petition for Mandamus by Respondent Richard Anderson, District Judge, page 2 (October 19, 2007)(document available at: www.plannedparenthoodcorruption.org/library-of-documents/)(hereinafter “Anderson Response”).
 Medical records are routinely used by law enforcement and are almost always used in cases of child rape and must be used to enforce laws restricting abortion. The use of such records, with identities, is so routine, that law enforcement use is exempt from HIPPA, the federal government medical record privacy act. See, e.g., 45 CFR 164.512(c) and (f)(1)(ii)(A)-(B).
 Six forwarded two original Mandamus actions in an effort to retrieve all evidence of Planned Parenthood’s criminality and return that evidence to Planned Parenthood. Morrison/Six v. Anderson, No. 99050 (October 19, 2007) and Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri and Morrison/Six v. Kline, 287 Kan. 372, 197 P.3d 370(2008)(hereinafter “PP/Six v. Kline”).
 Protective Order, Six v. Anderson (April 4, 2008)(order available at: www.plannedparenthoodcorruption.org/library-of-documents/; Six’s motion available at : .
 Comprehensive Health of Planned Parenthood and Stephen Six v. Kline, 197 P.3d 370 (2008)(you can listen to the oral argument in this case here: http://plannedparenthoodcorruption.org/library-of-documents/)
 See Analysis of Testimony of Stephen Six before S. Comm. on the Judiciary (May 24, 2011), and appended partial transcript. Also available at the documents link at the top of this page.
 http://judiciary.senate.gov/nominations/112thCongressJudicialNominations/upload/StephenSix-QFRs.pdf (Six written responses; also available at: www.plannedparenthoodcorruption.org/library-of-documents/).
 See, e.g., Anderson Response, available at: www.plannedparenthoodcorruption.org/library-of-documents/
 Affidavit of Thomas D. Williams, Special Agent of the Kansas Attorney General, at paragraph 3, page 2 (May 26, 2004). Agent Williams indicates that State records reveal that during a time of more than 166 abortions on underage children that abortion providers in Kansas only reported 4 cases of child rape. Further review indicated that one of the reports was from Planned Parenthood and one from Dr. Tiller. I was prevented from pursuing this investigation further due to various delays occasioned by the Kansas Supreme Court and obstacles erected by the Sebelius and Morrison administrations. You can view the affidavit here: www.plannedparenthoodcorruption.org/library-of-documents/
 See KSA §65-445.
 In March 2002, my office requested information relating to the reports of child rape from the Sebelius run Kansas Social and Rehabilitation Services (“SRS”) the Kansas child welfare agency. SRS refused to provide information unless they were fully informed of the target of the investigation. Furthermore, the agency took more than 6 months to compile the requested information after receiving a subpoena. Later, the Sebelius administered Kansas Department of Health and Environment (“KDHE”) vigorously fought subpoenas for abortion reports. The reports are required by Kansas statute, do not contain patient names and are required so that law enforcement may access the records to ensure abortion clinics are complying with Kansas law. See, e.g., Williams Affidavit (May 26, 2004)(document available here: www.plannedparenthoodcorruption.org/library-of-documents/
 See, Six Deceives the Senate, www.plannedparenthoodcorruption.org/library-of-documents/, summarizing Anderson’s and Six’s testimony.
 Anderson Response.
 Id., see also, Kansas v. Planned Parenthood, Case No. 100,726 (October 20, 2010), Hearing Transcript, Kansas v. Planned Parenthood, Case No. 07 CR 2701 (January 18, 2008).
 Sebelius appointee Justice Carole Beier has written all of the court’s opinions relating to these issues, often speculating and utilizing the opportunity to criticize the investigation. Justice Beier was formerly employed by the leftist and pro-abortion National Women’s Law Center.
 See, e.g., General Six’s Oral Testimony Before the Senate Judiciary Committee, pgs. 2-3, partial transcript available at www.plannedparenthoodcorruption.org/library-of-documents/ See also, General Six’s written responses to questions posed by Senator Grassley available at the same website.
 Six joined with KDHE to oppose my access to the compliance reports. In contrast to Six’s recalcitrance, his successor, Derek Schmidt, has designated a Johnson County District Attorney as an Assistant Attorney General so that the reports can be used in the prosecution. State’s Response to Defendant’s Motion for Protective Orders, Kansas v. Planned Parenthood (alternatively styled State v. CHPP), No. 07CR2701, at 4 (May 25, 2011).
 District Attorney Nola Foulston obtained an ex parte order dismissing my charges claiming that the Attorney General did not have jurisdiction. This motion came without notice to me despite my personally giving Ms. Foulston advance notice of the charges. Foulston responded by stating “I won’t stand in your way.” Foulston, however, obtained her ex parte order dismissing the substantive Tiller charges from a judge assigned to traffic court who did not review the evidence. I dismissed this decision but when AG Morrison assumed office he dismissed the appeal. AG Six refused to entertain a refilling of the charges – the only substantive charges ever filed against Dr. Tiller.
 See, e.g., Kansas Political Money, Powerpoint presentation by Mr. Earl Glynn of Kansas Watchdog, available at: www.plannedparenthoodcorruption.org/library-of-documents/
 Governor Sebelius appointed Six to District Court Judge and Sebelius appointed Six Attorney General after Morrison’s resignation. Sebelius and Six were active in the Kansas Trial Attorneys were Sebelius was once Executive Director.