#CaitlinBernard's hearing before the Indiana Medical Licensing board is starting now.
Updates in this thread. 🧵🧵🧵
#CaitlinBernard has been referred to the board by AG Todd Rokita as part of a blatantly publicity-driven persecution of Bernard for a lawful abortion she performed last year.
You can follow here:
https://www.youtube.com/@StateOfIndianaProductions
Secretary McCann starts out with a note that the board has business items to begin before Bernard's hearing -- as well as a strong admonishment to the people in attendance to maintain decorum.
Stresses that the board will not be answering press questions about the hearing.
The board is hearing a motion to compel Bernard to answer 6 questions that her lawyer advised her not to answer during the deposition.
1. What was the name of the physician who referred her client?
2. Was the physician from columbus?
3. Do you still have the text message with the question?
4. Did Michigan have a trigger law in place?
5. Do you have the coathanger tattoo mentioned in an article in Vanity Fair? (LOL)
6. Should you have alerted Indiana officials?
The state believes this information is relevant and urges the board to grant the motion.
Bernard's counsel responding.
Notes that despite the AGs insinuation, the deposition was delayed based on agreement between parties.
Notes that Bernard actually answered the listed questions during depo.
Notes (hilariously) that the tattoo is irrelevant to proceedings and an attempt to harass.
Did instruct Bernard not to answer questions about trigger laws - as they are irrelevant.
Question from a board member about why Bernard could not answer the questions in depo and have their relevance adjudicated by the board.
Counsel for Bernard notes they can absolutely ask the questions today and that the question under discussion is potentially irrelevant since the board can, in fact, ask those questions.
Counsel for AG office claims that the motion is still important because they could have used those questions to prepare.
Now asking for a brief adjournment to re-depo (!!) or a continuance.
Counsel for Bernard notes that the tattoo question is harassing, and illegit question. AG believes it's relevant.
This tattoo thing is ridiculous and insane and emblematic of the way the state has handled this matter.
Board member points out that the state isn't arguing that they must be able to ask that question in depo but don't intend to ask the question in the hearing.
Bernard counsel notes that the state never sought to compel release of the name of the referring doctor or any of Bernard's text messages.
Bernard notes that AG never moved to compel to answer interrogatories about the doctor in previous proceedings when they could have and are attempting to create a distraction in this hearing, or to delay it.
This line isn't looking great for the state IMO.
On to state's motion to strike certain of Bernard's exhibits.
1. The constitutionality of AG's use of code around reporting child abuse.
2. The order given by Judge Welch that AG was improperly harassing Bernard in the media.
3. The fact that AG was forced to pay those attorney fees.
LOL
Seeking to strike those exhibits, and to exclude Marion County order in favor of Bernard.
Seeking to strike text messages and emails between Indiana and Ohio AG offices.
Seeking to strike interviews and press releases from the Indiana AG.
I imagine those texts and emails are pretty interesting.
The AGs public conduct is def at the heart of this hearing, and seems quite relevant to me.
Counsel for Bernard responds.
The defense that Rokita has already been found to have publicly violated confidentially statutes in Indiana is relevant, and they never waived that defense.
Counsel for Bernard also insists that their defenses do not rely on this, in spite of AG claims.
The defense about the request for fees is still alive, not dependant on 7, and can't be decided until this proceeding is over.
Counsel for Bernard continues:
The board has no reason to strike defenses before they are offered.
The state itself has documents from those state court proceedings that they themselves are objecting to.
Re: Documents relating to texts and emails. States did not object in discovery on this case and provided them.
They are directly relevant to the HIPAA claim.
Notes that AG 3x pressured the OHIO AG to get involved in pursuing this case.
Communications involving press release from AG following public statements by Bernard are relevant because the state is alleging that the media attention is her fault, when rather it was the AG itself creating this public media story.
This matches what ... actually happened.
Not sure how the previous motion to strike by AG went - somebody pop in if you saw it.
Counsel for Bernard appears to be arguing that an unrelated closed consumer complaint (from 2018) should not be included and is moving to strike the exhibit.
Kit Malone