DC Medical Examiner Will Not Immediately Destroy Baby Bodies

FIRST ON THE DAILY SIGNAL: The D.C. Medical Examiner will not immediately destroy the bodies of “The Five” aborted babies recovered from an abortion clinic in the nation’s capital, The Daily Signal has learned.

The Daily Signal has viewed emails between the Office of the Chief Medical Examiner and the American Center for Law & Justice in which the medical examiner’s office said it will not be disposing of the baby bodies on Friday, as pro-life activists and conservative lawmakers had feared.

The medical examiner did not give the ACLJ a new timeline for the babies’ destruction but it did refer to a long queue of people and organizations who have been making demands on the medical examiner, such as the slew of lawmakers who have demanded that OCME retain the baby remains.

Rod Adams, the general counsel for the OCME, did not respond to multiple requests for comment regarding the news on Friday.

The ACLJ, which has been working to stop the disposal of the baby remains, said in a release that it contacted D.C. one final time on Friday to inform officials that it planned to file an emergency writ of mandamus on behalf of its clients, the Rev. Patrick Mahoney and his wife, Katie Mahoney.

That would have forced D.C. officials to “follow the law and allow for the proper burial of these babies,” the ACLJ said in a release.

“We are pleased that the Office of the Chief Medical Examiner acknowledged our clients’ statutorily vested right, along with others, under §3-413 as a volunteer next of kin for the purposes of burying these babies,” the ACLJ told The Daily Signal in a statement on Friday. “We are confident now that the statutory duty to not cremate these bodies has been triggered and we appreciate OCME’s expedient response to our application for the Mahoneys.”

“As the situation continues to evolve, we stand ready to take any legal action necessary,” the organization added.

Its release emphasized that the Friday news means “we were successful in preventing the Biden [Justice Department] and D.C. from destroying the evidence of potential crimes and from simultaneously blocking the honoring of these young lives with a proper burial.”

The ACLJ release added: “The D.C. government also indicated to us that they will respond to Congress’ demands. We continue to hope that D.C. will in fact conduct a formal investigation into these babies’ deaths.”

The news comes after Republicans, including Sen. Ted Cruz of Texas and Reps. Chip Roy of Texas, Andy Biggs of Arizona, and Pat Fallon of Texas, led their colleagues in calling on D.C. officials to stop the disposal of the baby remains.

Their calls for action followed closely after The Daily Signal’s late Monday report revealing that Thomas More Society lawyer Martin Cannon “got a call from the OCME indicating that the DOJ has advised them that there is no reason to keep those babies anymore.”

Those babies were allegedly aborted at Washington Surgi-Clinic by abortionist Cesare Santangelo. The OCME has had these babies’ remains in its possession for almost two years now. Pro-lifers suspect the babies may have been illegally aborted in violation of the Partial-Birth Abortion Ban Act or the Born-Alive Infant Protection Act.

Cannon is representing pro-life activist Lauren Handy, who faces charges of violating the Freedom of Access to Clinic Entrances Act. Handy says the babies represent important evidence in defending her from the DOJ’s charges.

The medical examiner’s office denied to The Daily Signal that it has been in contact with the DOJ, but has refused to address requests for further comment. The DOJ declined to comment at all. Cannon insists that his story is true.

Republican Texas Sen. Ted Cruz told The Daily Signal on Friday evening, “The D.C. Medical Examiner’s office does well to not destroy evidence.”

“In case the office later gets cold feet and starts thinking about destroying evidence, here’s a free reminder,” he added, “every person involved will be subpoenaed for a very unpleasant conversation at a committee hearing.”

Emily Erin Davis, vice president of communications for Susan B. Anthony Pro-Life America, told The Daily Signal in a Friday afternoon statement that “the Biden Admin has stated their unwillingness to investigate this potential federal abortion crime and has told the DC Medical Examiner they have no need for the bodies of the five mangled children.”

“We call on Congress to step in now,” she added. “The D.C. Five babies may have been unwanted but they are not unworthy of investigation. The very same politicians that pretend to champion women and human rights are silent as mangled victims of their limitless abortion polices are thrust before their very eyes. The speak no, hear no and see no evil approach is being fully deployed against our most vulnerable members of society. Members of Congress with agency must stand up and demand an investigation.”

The X, formerly Twitter, press account of Roy also tweeted Friday: “This is a welcome development. We are so grateful for the work of @ACLJ, @PAAUNOW & everyone in the pro-life movement to prevent this evidence from being destroyed so that justice can be sought [for] these children. Their lives mattered. The fight continues.”

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