The House Select Investigative Panel is asking a federal judge to clarify a temporary restraining order so that the University of Washington will fulfill a congressional subpoena for public documents pertaining to the school’s relationship with Planned Parenthood.
Rep. Marsha Blackburn, who chairs the panel, sent a letter last week imploring Judge James L. Robart to confirm that his temporary restraining order (TRO) “may not be construed to preclude the UW’s compliance with the Panel’s subpoena.”
“On behalf of the Panel, I respectfully request that the Court modify its TRO to clarify that it does not restrain the UW from disclosing information requested pursuant to a legitimate congressional subpoena,” wrote Ms. Blackburn, a Tennessee Republican. “Such modification of the TRO is self-evidently within the Court’s discretion.”
The House panel subpoenaed the University of Washington on April 29 for public documents pertaining to the operation of the school’s Birth Defects Research Center, a clearinghouse for fetal tissue from abortions that partners with Planned Parenthood.
The school initially produced some of the requested documents, but asked for additional time in order to make a full production. To expedite the process, the panel directed 14 specific requests to the University of Washington on Sept. 15.
But by that time, the university had become embroiled in a lawsuit between Planned Parenthood, University of Washington personnel and pro-life advocates, including David Daleiden, who spearheaded the Center for Medical Progress undercover video investigation into Planned Parenthood.
The University of Washington declined to fulfill 13 of the 14 specific subpoena requests, saying it was “unable to provide” the records due to a temporary restraining order imposed by Judge Robart stemming from the lawsuit.
Mr. Daleiden made a public-records request in February for documents detailing transactions between Planned Parenthood and the Birth Defects laboratory.
Planned Parenthood responded in August by suing Mr. Daleiden and other pro-life advocates, claiming it represented more than 150 personnel associated with Planned Parenthood of Greater Washington and Idaho, the Planned Parenthood Federation of America, the Birth Defects Research Center and other groups, whose privacy would be compromised by the fulfillment of the public-records request.
Judge Robart granted Planned Parenthood’s request for a temporary restraining order to halt the production of the documents.
But Ms. Blackburn said that restraining order cannot be used to stonewall a congressional subpoena.
“Accordingly, it is the Panel’s position that the UW must comply with the subpoena and that the TRO is not properly construed to interfere with that obligation,” Ms. Blackburn wrote.
“Consequently, any construction of the TRO that would prohibit compliance with the Panel’s validly issued subpoena would violate the Constitution and, therefore, is to be avoided,” she continued.
The Family Policy Institute of Washington, which was also sued by Planned Parenthood after one of its staffers filed a public-records request, praised the panel’s letter as a win for transparency.
“This is a step in the right direction for holding Planned Parenthood — and now the University of Washington — accountable to the public,” the think tank said in a statement.
In the wake of the general election, in which Republicans retained a majority in the House, pro-life advocates appealed to Speaker Paul Ryan to extend the Select Panel on Infant Lives into the next congressional session.
Citing “the stonewalling and lack of cooperation with the Select Panel by abortionists and others,” Troy Newman, president of Operation Rescue, said the congressional delegation “has not been able to fully complete their investigation” into allegations that Planned Parenthood trafficks in fetal body parts from abortions.
“We urge House Speaker Paul Ryan to commit now to extending the Select Panel on Infant Lives into the next Congressional Session, so they have the time they need to finish their work,” Mr. Newman said in a statement.
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