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Gosnell’s Defense Attorney: “I think more regulation should come out of these locations. I’m not sitting here saying this was all done right”

by | May 28, 2013

By Dave Andrusko

KellyMcMahonNRL News Today received a boatload of responses to “Gosnell’s defense attorney, Fox anchor go toe-to-toe.”  As you may remember, “America Live” anchor Megyn Kelly and Jack McMahon had a fiery, but civilized, back and forth.

If something this horrific could possibly have a quasi-amusing moment, it was McMahon trying to rebut Kelley’s point by point recitation of some of the incriminating testimony presented at trial by former Gosnell staffer. McMahon really had no defense, so he just kept on saying “check the transcript,” or words to that effect, as if somehow that would disprove what Kelly was saying. It wouldn’t. That’s why Gosnell was sentenced to three consecutive life sentences plus 2 ½ to five years.

What fascinated me were comments McMahon dropped at the press conference he held right after the verdicts were delivered. Words like “infants” and “babies” suddenly made their appearance.

The following is a direct transcription of what McMahon said at the very end of his interview with Kelly. Remember, he’d essentially blamed a media mob for the verdicts, about as far from the truth as you could get. What media members there were simply reported what witnesses said. Since Gosnell did not testify, the rebuttal came in the form of McMahon’s cross-examination.

Anyway, here’s what McMahon said. 24 weeks refers to the limit in Pennsylvania at which a baby can be aborted.

“… I agree with you and I’ll tell you what: I’ve come out of this case realizing that 24 weeks is a bad determiner. It should be like 16-17 weeks. That would be a far better thing, because the babies would not be even arguably viable at that point in time, and I think the law should be changed to that. I think pro-choice would have still the right to choose, but they got to choose quicker. I think that’s something that should come out of this. I think more regulation should come out of these locations. I’m not sitting here saying this was all done right.”

Three points. I don’t know Jack McMahon, don’t know what is written on his heart, so I can say nothing about his sincerity. But no pro-lifer would accept abortions “only” through the 16th or 17th week. McMahon is trying to distance himself from the simple truth that overwhelmingly, most people are unnerved by abortions that take place at 24 weeks–well past the mid-way point.

Second, and linked. We have written several times about the congressional testimony of Prof. Colleen Malloy. “In June 2009, Journal of the American Medical Association reported a Swedish series of over 300,000 infants,” she said. “Survival to one year of life of live born infants at 20, 21, 22, 23, and 24 weeks post-fertilization age was 10%, 53%, 67%, 82%, and 85%, respectively.”


Just to re-emphasize–over half of babies born at 21 weeks fetal age survive to one year of life as do over two-thirds of babies born at 22 weeks fetal age. Talking about fetal viability (as so many news accounts do) as if it suddenly begins at 22 weeks fetal age is simply inaccurate.

Third, even the man who insisted his client was innocent –what else was McMahon going to say to a street corner full of reporters?—(a) understands that “more regulation should come out of these locations” and (b) concedes in a back-handed way that not everything was “done right” at Gosnell’s abortion clinic—a truly galactic understatement.

So NARAL and Planned Parenthood and kindred spirits insist that abortion clinics can self-regulate. But even Kermit Gosnell’s attorney knows that is a dangerous, self-serving myth.

Categories: Gosnell