Holder Won't Say if DOJ Ever Enforced Born Alive Infant Protection Act

When Attorney General Eric Holder appeared before the House Judiciary Committee last Wednesday to provide information on a variety of scandals plaguing the Obama administration, he was also questioned about whether he had ever enforced the federal Born Alive Infants Protection Act. Holder’s response was the same as it was 56 other times that day: “I don’t know.”

The Born Alive Act, passed by Congress in 2002, should have prevented the gruesome and grotesque killing of innocent lives that occurred in the clinic of Kermit Gosnell and is accused to have taken place in the pending case of late-term abortionist Douglas Karpen of Houston, Texas.

Interestingly, Holder seemed to evade a response to the question, put to him by Congressman Trent Franks (R-AZ), by referring to his wife as “an obstetrician, a gynecologist--very accomplished in her field.”

What Holder did not mention is that his wife, Sharon Malone Holder of Foxhall OB/GYN in Washington D.C., and her sister are co-owners, through a family trust, of an Atlanta area abortion clinic building, located on Old National Highway in College Park, Georgia.

Previously, according to Troy Anderson in Human Events in November of last year, Watchdog.org found that Holder failed to disclose his wife’s co-ownership of the building, through a family trust, on financial reports for 2008 through 2011.

Tom Fitton, president of Judicial Watch, said he was “surprised there is this trust out there and [Holder] hasn’t reported it.”

“It looks to me like the sort of thing that should be disclosed,” Fitton said. “If he and his spouse are gaining income off this trust, generally that would be subject to disclosure.”

What was also discovered, and had been reported by LifeNews, is that an abortionist at Old National, Tyrone Cecil Malloy, had been arrested, along with his office manager Cathy Ann Warner, for Medicaid fraud after having been indicted by a grand jury. Malloy and Warner reportedly took in more than $380,000 in payments for pre-abortion ultrasounds Malloy never performed, as well as for abortions that did not qualify for reimbursement under Medicaid.

According to Watchdog.org, Malloy said he had been the victim of a political witch hunt. Malloy refused to enter a plea in the case, arguing the indictment was constitutionally flawed. A judge entered a not guilty plea on his behalf and then denied his motion challenging the constitutionality of Georgia’s Medicaid law. Malloy’s attorneys appealed to the Georgia Supreme Court.

Catherine Davis, a founding member of the National Black Prolife Coalition, said, “Given Malloy’s ties to U.S. Attorney General Eric Holder, and the fact that Holder has not pursued criminal charges against abortionists, makes me think that they are going to try to use this case in particular to strike down the Hyde Amendment by saying its unconstitutionally vague.”

On October 31, 2012, Jill Stanek at LifeSiteNews wrote about the discovery by pro-life advocates Michelle Wolven and Davis that the abortion business in the building, called Old National GYN, was owned by Holder and her sister.

Reporting the breaking story in Human Events, Troy Anderson and Will Swaim found that county tax records showed that the Old National building was “formerly owned by Dr. Mack A. Jones, late husband of another of Eric Holder’s sisters-in-law, Vivian Malone Jones.” Malone Jones reportedly died in October of 2005, and the obituary indicated that she was Sharon Malone Holder’s sister.

Anderson and Swaim wrote, “Documents... show that Holder’s wife and sister-in-law co-own, through a family trust, the building where Malloy operated.”

Though the researchers indicated that neither the Attorney General nor his wife responded to requests for comment, they were able to reach Malone Holder’s sister, Margie Malone Tuckson, at her home in Minneapolis. She insisted that county tax records indicating the property belongs to her and Sharon Malone Holder “are wrong.”

“I don’t own this property and my sister does not own this property,” Malone Tuckson said. “We are not technically on this deed.”

According to the Human Events piece:

However, public documents reviewed by Watchdog.org show that the family transferred ownership to a family trust in 2009, eight months after President Barack Obama’s inauguration. But even the new deed directly names Holder’s wife and sister-in-law as trustees. After inquiries by Watchdog reporters, Tuckson contacted the Fulton County Assessor’s office and asked them to change tax records to reflect the “new” ownership.

Asked if she could explain why the county tax assessor had been assessing and collecting taxes from her and her sister, Tuckson replied, “That’s your problem to figure out. I have nothing more to say.”

The following day, however, Tuckson contacted the Watchdog reporter to say that she had reached the county assessor who allegedly assured her that her appearance as an owner on tax documents “was a mistake” that was now rectified.

The assessor’s office confirmed to Watchdog that its records had just been updated, and that the new owners of the building had been identified as Michael A. Jones and Monica Jones Shareef, a family trust on which there are only two trustees: Sharon Malone Holder and Margie Malone Tuckson, Eric Holder’s wife and sister-in-law.

Davis said she was outraged by the revelations. “There is a clear conflict of interest when the man charged with pursuing those that abuse the system is also one who is engaged in some way with the business,” Davis said.

In fact, Attorney General Holder has unsuccessfully attempted to punish pro-life supporters who counsel women outside abortion clinics. Last year, the DOJ dropped its appeal against Mary “Susan” Pine, and agreed to pay her $120,000 for its filing of an “improper lawsuit” against her. Pine counseled women on the sidewalk outside a Florida abortion clinic.

Troy Newman, president of Operation Rescue, said:

They have been attempting to prosecute pro-life people under the (Freedom of Access to Clinic Entrances Act of 1994), and as far as I know they have lost 100 percent of those cases in the last four years. This (Malone Holder’s property interest) explains his bias. I don’t think it’s a surprise to anybody that Holder and the Obama Administration are extremely biased against pro-life people and in favor of the pro-abortion crowd.

In another case last year reported by the Daily Caller, the DOJ refused to take action against an Indiana abortion clinic that was allegedly violating the Americans with Disabilities Act by failing to provide wheelchair ramps or parking spaces for the handicapped, despite reported cases of patients leaving the clinic in discomfort.

Indiana Right to Life president Mike Fichter said, “The Department of Justice, led by U.S. Attorney General Eric Holder, is playing politics.”

“When other businesses like health clubs and restaurants have to comply with ADA rules, why does it appear an abortion facility gets a free pass?” asked Fichter. “This sad situation highlights the need for a pro-life administration that will not protect the abortion industry if laws are being ignored.”


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