Doug Kmiec, a disingenuous man

Last week I attended the "discussion" between Profs. Robert George and Doug Kmiec on the lengthy topic, "The Obama Administration and the Sanctity of Human Life: Is there a common ground on Life issues? What is the right response by 'pro-life' citizens?" held at the National Press Club in DC.

doug kmiec jjpg.jpgKmiec is a Catholic pro-lifer who has steadfastly supported Obama since the presidential campaign. As I reported, I approached Kmiec after the debate. Here is his recount of our encounter in the National Catholic Reporter June 1:

Miss Jill Stanek, a well-meaning nurse who challenged Barack Obama in the IL Senate over his refusal to support the IL Born Alive Protection Act some years ago, approached me to suggest that the published Chicago Tribune account that I had relied upon to discuss that topic in my book on how Catholics can support Obama was unreliable because she knew the reporter was not pro-life....

With all due respect to Stanek, re-litigating this question is unhelpful. While scholarly research suggests that the common law terminology of "born alive" did not generally include fetus' subject to abortion, but instead reveals that the states at common law, and even today, give quite a range of answers on this and related matters, like the prosecution for child abuse or homicide for pre-natal injury case, all this is again looking unhelpfully backward.

While, as I indicate in the book, unlike then- Senator Obama, I would have resolved any doubt in favor of unborn life like I am certain Stanek and would have voted for the legislation, I don't see how keeping the outrageous claim alive today that President Obama's contrary view somehow supports "infanticide" leads toward common ground.

Kmiec asked me to send him information, which he promised to read. I did, and he apparently did not. The email I sent him as well as a link to the 10-page, 45-footnoted document I attached below..

There is no question, by his documented words (even on audiotape), that Barack Obama supported infanticide by opposing Born Alive as he thought it would impinge upon Roe v. Wade.

I can now irrefutably state Doug Kmiec is a disingenuous person. He doesn't want to handle the truth.

Read the documentation I sent Kmiec here.

My email to Doug Kmiec, dated May 30, for which I received a receipt his email box had accepted it:

Thank you for speaking with me the other night after your "discussion" with Professor George. As you'll recall, I am the nurse who testified before committees upon which then-state Sen. Barack Obama sat in 2001, 2002, and 2003, about my experience at Christ Hospital in Oak Lawn, IL, holding an abortion survivor for 45 minutes until he died.

You said to send you my "best stuff," which you promised to carefully read. A footnoted document is attached for your perusal, and I look forward to your feedback.

You said you got most of your information for your book when writing on the topic of President Obama and the Born Alive Infants Protection Act from Eric Zorn's work at the Chicago Tribune. As I said the other night, Zorn is not a reporter; he is a liberal, very pro-abortion (even partial birth abortion), Obama-supporting columnist, and his writing should be read with skepticism as potentially skewed, which it was.

In that vein, I offer corrections to your book for your consideration.

First, you stated in your book the Illinois Born Alive Infants Protection Act "redefines what it means to be 'born alive'" in contradiction to "ancient common law" and "include[s] non-viable unborn."

In fact, Born Alive's language was lifted directly from the World Health Organization's 1950 definition of "born alive," which the United Nations adopted in 1955 (footnoted in attached document). In addition, the IL Abortion Act of 1975 contained nearly the identical definition of "born alive" as the Born Alive Infants Protection Act until that verbiage was enjoined in the 1993 Herbst v. O'Malley decision.

Eight years later, the Born Alive Act would have restored that language. By opposing it, Obama agreed with the Herbst decision that an infant born alive as the result of an abortion should not be protected by the IL Criminal Code.

At any rate, "ancient common law" and early American law always established personhood before birth, at the earliest possible time it understood life to begin, first, for example, at "quickening," or when a mother felt her baby move within her.

You also stated, "[T]here isn't a county recorder in the country who would record a live birth" of a "temporarily alive" child. In fact, the State of IL, and I'm sure many more, requires that ALL babies born alive, no matter what gestational age and no matter how fleeting their lives (even with transient heartbeats), be issued legal birth certificates. To subjectively determine which live born babies receive birth certificates would introduce chaos into IL law.

By your definition, very premature babies whose lives are fleeting are not legal persons. If this were true, bashing them over the head to expedite the end of their "temporarily alive" status would be legal, would it not?

I look forward to your thoughts on the information I am presenting you, Professor Kmiec.


Comments:

The lures of the devil are so strong, and once someone opens up to him a little, just like God, he can take a hold of your life.

This is very disheartening and sad about Kmiec.

Posted by: Bobby Bambino at June 4, 2009 11:36 AM


As an alumni of Pepperdine, this guy continues to embarrass me with his lack of ability to see the law with any type of common sense. It's really just sad that he has sold out for some faux-celebrity as the "rebellious Catholic guy". The whole thing with him is just weird.

Posted by: Todd Lemieux at June 4, 2009 11:38 AM


Read the book of Daniel. Some things are not for sale or compromise. Why not a mild dose of herpes or aids. It won't hurt much.

The Deceiver uses the tempters that seek compromise.

Posted by: xppc at June 4, 2009 11:39 AM


Church of Christ, overseeers of Pepperdine University, do your God given duty and put this wolf in sheep's clothing out from you before he devours the whole flock.

I wouldn't send any one of my children to Notre Dame or Pepperdine now, once respected Universities

It's a shame and it's because of people like Kmiec that our insitutions of "higher (really) learning" are so debased.

It's time to clean house and send them away.

Posted by: HisMan at June 4, 2009 11:46 AM


Turncoats and sellouts can always be found in any large organization or movement. This guy has found his ten minutes of fame by becoming the token prolifer for the present proabortion administration. He has prostituted his morals to the highest bidder. He has darkened the reputation of the RCC as much as the entire pedophile scandal, IMO. He represents the worst in all of us.

Posted by: Doyle Chadwick at June 4, 2009 12:35 PM


THAT is precisely why *most* Catholics (will stop my finger from typing something other than most...) call that newspaper the National Catholic Distorter!

Posted by: elizabethk at June 4, 2009 12:42 PM


Ah, Doug Kmiec.

Anything, ANYTHING for Obama.

Posted by: carder at June 4, 2009 12:59 PM


Way to go, Jill! Tell it like it is!

"With all due respect to Stanek, re-litigating this question is unhelpful. While scholarly research suggests that the common law terminology of "born alive" did not generally include fetus' subject to abortion, but instead reveals that the states at common law, and even today, give quite a range of answers on this and related matters, like the prosecution for child abuse or homicide for pre-natal injury case, all this is again looking unhelpfully backward."

Ho-hum! Apparently defining "born" and "alive" and "born-alive" is above Kmiec's paygrade as well. It would be nice to see the "scholarly research" he speaks of. I bet if he sent it to Jill, she'd actually read it. I bet the Thomas More Society might have a thing or two to say about it as well.

Posted by: Janet at June 4, 2009 1:31 PM


I said it before and I'll say it again, as a fellow Catholic, I have no respect for this man.
The convoluted rationalization he goes through to maintain that he is prolife and Obamafied and Catholic. :(
How can a man, who is presumably a father, state that a baby born alive and who dies minutes later would not be issued a birth AND a death certificate?

It will be easier for Doug Kmiec to jump over his shadow than become prolife. May God have mercy on you Doug.


By your definition, very premature babies whose lives are fleeting are not legal persons. If this were true, bashing them over the head to expedite the end of their "temporarily alive" status would be legal, would it not?

Jill you have such an amazing way of bringing issues down to the nitty gritty. Good girl! :)

Posted by: angel at June 4, 2009 1:42 PM


Pro-lifers,

It's time to start encouraging our children to become pro-life lawyers and doctors.

Posted by: Janet at June 4, 2009 1:45 PM


.....And journalists. (Hats off to Jill.)

:)

Posted by: Janet at June 4, 2009 1:48 PM


Janet, I'm working on it! :)

Posted by: angel at June 4, 2009 1:52 PM


I think we need to stop referring to him as a "Pro-Life Catholic". From all I know of him, he can't honestly call himself either and does so to undermine each.

Posted by: Carol Marie at June 4, 2009 1:54 PM


Douglas Kmiec ceased being pro-life on October 17, 2008 when he exposed himself as an abortion advocate.

Writing in the Los Angeles Times, Kmiec said "Sometimes the law must simply leave space for the exercise of individual judgment, because our religious or scientific differences of opinion are for the moment too profound to be bridged collectively."

He called abortion a "sensitive moral decision" that "depend[s] on religious freedom and the voice of God as articulated in each individual's voluntary embrace of one of many faiths."

Essentialy, pro-legal abortion.

http://www.lifenews.com/nat4467.html

Posted by: Steven Ertelt at June 4, 2009 2:19 PM


Wow, he really said those things Steve? I am shocked. I guess I was still kidding myself thinking that he was just undergoing cognitive dissonance or just telling himself that all the other issues combined are worth more than they really are and hence the same (or more) as abortion, but those quotes do put him on the other side. Too bad.

Posted by: Bobby Bambino Author Profile Page at June 4, 2009 2:24 PM


"I can now irrefutably state Doug Kmiec is a disengenuous person. He doesn't want to handle the truth."

Jill, why even bother with this fraud.

Posted by: Jasper at June 4, 2009 2:50 PM


I think in all honesty, Robby George was being overly charitable and generous in calling Kmiec prolife.
For all intents and purposes Doug Kmiec is a proabortion lapsed Catholic politician.

Posted by: angel at June 4, 2009 4:02 PM


Jasper, I get your frustrations but the reason to bother is because Kmiec and company won the Catholic vote for Obama. They will repeat (and expand) their efforts in 2012. Kmiec is already making the rounds that every Obama decision (Mexico City, ESCR, etc) is really a pro-life one. The will inculate Obama back into office: "He's really pro-life, he's not that bad, he's not pro-abortion. He's really pro-life, he's not that bad, he's not pro-abortion...."

Posted by: Steven Ertelt at June 4, 2009 4:54 PM


Steven: It sounds like he is out to brainwash the vulnerable Americans that don't read about Candidates BEFORE the election(s).....

Posted by: LizFromNebraska at June 4, 2009 5:58 PM


Do you realize what you're saying Steve?

That Kmiec is evil.

Posted by: HisMan at June 4, 2009 6:07 PM


There is old figure of speech for some one when he facetiously argues for the 'wrong' position.

He is said to be 'playing the devil's advocate'.

Mr. Kmiec is not 'playing'.

yor bro ken

Posted by: kbhvac at June 4, 2009 6:19 PM


Mr Kmiec is not what I would characterize as an 'enthusiastic' supporter for Obama.

His advocacy for bho is more an 'enforced labor' of love.

Like Al Bundy fulfilling his conjugal obligations to his wife Peg. It is a chore to be done as infrequently and as quickly as possible when it can no longer be ignored or avoided.

One has to wonder what mental torture and emotional contortions Kmiec has to go through every time he has to give it up one more time for bho.

What strange bedfellows these two make.

yor bro ken

Posted by: kbhvac at June 4, 2009 6:58 PM


Wow. We can't call out Obama on his shameful abortion record because that would be bad for the "common ground" effort?

Never mind that the vast majority of Americans oppose leaving babies who survive abortion to die. Never mind that we can actually reach some common ground on that topic.

Kmiec's logic is so twisted it's painful to behold. The truth about Obama's actual record makes him look so bad that it undermines the search for "common ground"; therefore, it can't be true.

As I recently surmised on my blog, Kmiec really seems to have lost his mind. Just trying to parse his garbled prose is a chore.

Poor fellow.

Posted by: Eric Scheidler at June 4, 2009 8:37 PM


The only "common ground" that proaborts have any real interest in is the ground in which they wish to bury all "unwanted" babies. They'd like for us to agree on a proper burial site for them.

Posted by: Doyle Chadwick at June 4, 2009 8:44 PM


"You said you got most of your information for your book when writing on the topic of President Obama and the Born Alive Infants Protection Act from Eric Zorn's work at the Chicago Tribune. As I said the other night, Zorn is not a reporter, he is a liberal, very pro-abortion (even partial birth abortion), Obama-supporting columnist, and his writing should be read with skepticism as potentially skewed, which it was."

Still wondering, why was a liberal newspaper columnist, Eric Zorn, Kmiec's major source of information on the Born Alive Infants Protection Act legislation?

Posted by: Janet at June 4, 2009 8:59 PM


Doug Kmiec is trying the intellectual and logical equivalent of forcing a round peg in a square hole. What usually preceeds attempts such as this, and it seems especially problematic for intellectually gifted individuals (such as Doug), is either a crisis of faith, or an infatuation with one's own vision of things as they ought to be; i.e. intellectual dishonesty. Oftentimes the two are bound to each other so as to make it nearly impossible for the indiviudal to extricate him or herself the clutches of their own confusion. The only thing that will do is a miracle of grace. We must pray for Doug Kmiec.

As for the miracle of grace, we have such a wonderful gift in the church given us by our Savior. It is called "Confession". It is also known as the "Sacrament of Reconciliation". They are the same thing. For the uninitiated, Confession entails the examination of one's conscience, and the private recitation of sins to a priest. When done in a spirit of true repentance and sorrow for those sins, graces flow, and countless people can testify to the efficacy of the sacrament.

Posted by: Jerry at June 4, 2009 11:42 PM


Still wondering, why was a liberal newspaper columnist, Eric Zorn, Kmiec's major source of information on the Born Alive Infants Protection Act legislation?
Posted by: Janet at June 4, 2009 8:59 PM

because he couldn't be bothered doing real research into the issue and discovering the truth.

Posted by: angel at June 5, 2009 6:55 AM


angel,

Thank you. That's awfully sad.

Posted by: Janet at June 6, 2009 8:31 PM