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"What is the impetus for the decision to give renewed focus into a three-year-old incident with no apparent criminal violation?" asked the organizations.
A coalition of 12 press freedom groups warned the FBI Wednesday that contrary to claims by deputy director and former right-wing prosecutor Dan Bongino, a new probe into the leaked 2022 U.S. Supreme Court opinion in a landmark reproductive rights case appears aimed not at confronting "potential public corruption," but threatening constitutionally protected newsgathering activities.
Defending Rights and Dissent led a coalition including Fight for the Future and the Freedom of the Press Foundation in writing to FBI Director Kash Patel about Bongino's recent announcement that he is receiving weekly briefings on a probe into Politico's May 2, 2022 publication of the Supreme Court's draft opinion in the Dobbs v. Jackson Women's Health Organization nearly two months before the ruling was officially handed down and ended the constitutional right to abortion care.
Bongino said the FBI is spending more resources on investigations into possible public corruption including the Dobbs leak, the planting of pipe bombs near the headquarters of the Democratic and Republican national committees in January 2021, and a bag of cocaine that was found in the White House in 2023—but didn't specify how any of the cases address corruption specifically.
The groups asked Patel for "clarifying information" about the probe into the Dobbs draft decision leak.
Considering that FBI investigations are typically limited to violations of federal laws, national security threats, and foreign intelligence, the groups asked whether the probe is "predicated on a federal statute, and if so, what statute is it predicated on."
"Absent clarifying information, the Dobbs-related enquiry could give the appearance of an impermissible investigation into First Amendment-protected activities."
They also asked: "What is the impetus for the decision to give renewed focus into a three-year-old incident with no apparent criminal violation? Is there new evidence of violations of federal statutes?"
"While there are federal statutes governing national defense information, classified information, tax information, or certain government records whose release could cause unwarranted invasions of privacy, none of these statutes on their face criminalize sharing an unpublished court opinion with a journalist," said the groups.
Legal analysts said shortly after the draft opinion leak that—despite then-former President Donald Trump's demand for a "thorough criminal investigation" and his claim that journalists who published the opinion should be jailed until they released their sources—there was likely no crime committed in the leak.
"I am extremely skeptical of what basis or what authority the Justice Department would have to inquire into this matter," national security and whistleblower lawyer Bradley P. Moss toldThe Washington Post at the time. "It is certainly a fireable offense—without question—but there is no obvious criminal provision that would apply."
The Supreme Court and the Secret Service both conducted investigations that did not identify who was responsible for leaking the opinion to journalists.
The FBI's probe is reportedly "focused on finding the source who gave the unpublished opinion to Politico," wrote the groups. "As organizations that defend press freedom, free expression, and civil liberties, we are deeply concerned by the potentially chilling nature of this investigation on First Amendment-protected newsgathering."
"Absent clarifying information," they added, "the Dobbs-related enquiry could give the appearance of an impermissible investigation into First Amendment-protected activities."
"We have been fighting to hold together an unsustainable infrastructure as the landscape shifts around us and an onslaught of attacks continues," said the head of Planned Parenthood North Central States.
On the heels of Planned Parenthood announcing clinic closures in the Midwest last month, The Guardianpublished a Monday analysis showing that the reproductive healthcare provider has closed or disclosed plans to shutter at least 20 locations across seven states since the beginning of the year "amid immense financial and political turbulence."
"The Planned Parenthood network, which operates nearly 600 clinics through a web of independent regional affiliates and is overseen by the Planned Parenthood Federation of America, is facing a number of threats from the Trump administration," the newspaper reported, detailing closures in Illinois, Iowa, Michigan, Minnesota, New York, Utah, and Vermont.
In a May statement, Planned Parenthood North Central States (PPNCS) detailed cost-saving closures, consolidation, and layoffs impacting eight health centers in Iowa and Minnesota, and stressed that "dangerous attacks on care continue."
"My heart hurts as we announce the closure of health centers and the departure of trusted and talented colleagues, but our patients come first—always," said Ruth Richardson, president and CEO of PPNCS. "We have been fighting to hold together an unsustainable infrastructure as the landscape shifts around us and an onslaught of attacks continues."
Since the U.S. Supreme Court empowered abortion opponents by reversing Roe v. Wade with the Dobbs v. Jackson Women's Health Organization decision in 2022, those attacks have included the freezing of Title X funds and Republicans in the U.S. House of Representatives voting last month to advance a reconciliation package that would defund Planned Parenthood.
In response to the House's May vote, Jessica Barquist, Kayla Montgomery, and Lisa Margulies, vice presidents of public affairs at Planned Parenthood of Northern New England (PPNNE), said, "To be clear, 'defunding' Planned Parenthood and taking away health insurance from millions will do nothing to lower healthcare costs, address challenges in our healthcare system, or save lives."
"Taking healthcare away from people struggling to deal with rising costs and preventing people from using their health insurance at their trusted provider is cruel," they continued. "We know what happens when people lose access to care: they skip cancer screenings, delay STI testing, miss birth control appointments. These delays lead to worsened health outcomes and more costly emergency care down the line."
In addition to warning of "catastrophic" consequences for patients, the trio highlighted that "analysis from the Congressional Budget Office finds 'defunding' Planned Parenthood would cost $300 million and is the only provision in the healthcare portion of the bill that would increase the deficit."
PPNNE in April announced the closure of a Vermont health center, citing "serious financial hardship." Nicole Clegg, president and CEO of the regional group, said at the time that the decision was "very difficult" and "PPNNE attempted many different investments and organizational changes to tackle the complexities of delivering care in St. Johnsbury, but the challenges persisted."
That same month, Planned Parenthood Association of Utah (PPAU) said that it had to restructure due to the Trump administration's attacks, "including the recent withholding of $2.8 million in Title X funding."
"The painful decisions to close Logan and St. George health centers, reduce PPAU's staff, and increase service fees are forced on us by the Trump administration," declared PPAU interim CEO Sarah Stoesz. "We believe that by consolidating our healthcare delivery and expanding telehealth, we will be in a better position to continue serving those who rely on us for healthcare."
Planned Parenthood of Michigan (PPMI) also revealed in April that it "is reducing its brick-and-mortar footprint and reorganizing operations statewide," which includes closing three health centers in Jackson, Petoskey, and Marquette; consolidating two clinics in Ann Arbor; and expanding its telehealth offerings.
PPMI president and CEO Paula Thornton Greear said at the time that "the Trump administration and its anti-abortion allies have made clear their intention to defund Planned Parenthood and attack access to sexual and reproductive healthcare nationwide," and "these necessary changes strengthen PPMI's ability to adapt quickly in a challenging political landscape."
The Guardian noted that PPMI "was not among the Planned Parenthood affiliates that saw their Title X funding frozen," and "did not immediately respond to a request for comment about the clinic closures and the role of Title X in those closures."
According to the newspaper:
Planned Parenthood’s financial woes have raised eyebrows for some advocates of abortion rights and reproductive health. The organization has weathered several crises, including allegations of mismanagement, in the years since Roe collapsed—but as the face of U.S. abortion access it continued to rake in donations. (Most abortions in the US are in fact performed by small "independent" clinics, which are grappling with their own financial turmoil.) As of June 2023, the Planned Parenthood network had about $3 billion in assets, according to its 2024 report.
In March, Planned Parenthood of Greater New York (PPGNY) announced it would put its property that houses the Manhattan Health Center up for sale as part of an "ongoing strategy to ensure future, long-term patient access for underserved communities throughout New York state."
Just two days after U.S. President Donald Trump returned to office in January—following a campaign in which the Republican tried to downplay how much voters care about reproductive rights while also bragging about his role in reversing Roe—Planned Parenthood of Illinois (PPIL) said it would close four health centers, downsize administrative staff, and boost telehealth.
Illinois, a blue state surrounded by red ones, saw an influx of "abortion refugees" post-Dobbs. PPIL interim president and CEO Tonya Tucker said in January that "we made plans for the patient surge, however, rising care costs and lower reimbursement rates from insurers is jeopardizing PPIL's sustainability."
"Unfortunately, this is the reality many other Planned Parenthood affiliates are facing in the rapidly evolving healthcare environment," Tucker added. "We are making the difficult decisions today so we can continue providing care tomorrow and well into the future."
Other recent reporting has also highlighted how reproductive healthcare providers, particularly those that offer abortion, are struggling to stay open, even in places where politicians haven't passed laws that make it harder to end pregnancies.
"At least 17 clinics closed last year in states where abortion remains legal," NPRreported last month, citing the Guttmacher Institute. "Experts say the closures indicate that financial and operational challenges, rather than future legal bans, may be the biggest threats to abortion access in states whose laws still protect it."
"We cannot quit. We cannot be silent. If we quit, we lose more women," said one mother whose daughter died after being denied care under Georgia's six-week ban.
Congresswoman Nikema Williams joined patients, healthcare providers, and activists—including the mother of a woman who died after being refused abortion care in Georgia—at a Tuesday press conference held a day before what would have been the 52nd anniversary of Roe v. Wade, and amid fears of a national abortion ban during U.S. President Donald Trump's second term.
"I refuse to stand by while extremist politicians attack our freedoms, our health, and our future," Williams (D-Ga.) told attendees of the virtual press conference, which was hosted by the abortion rights group Free & Just. "Reproductive freedom is about healthcare, it's about dignity, it's about autonomy. It's about ensuring that everyone, every person, has the ability to make the best decisions for themselves and their families without government interference."
Speakers at Tuesday's event included Shanette Williams, whose 28-year-old daughter Amber Nicole Thurman died in 2022 after being forced to travel out of state to seek care due to a recently passed Georgia law banning almost all abortions after six weeks of pregnancy, a period during which many people don't even know they're pregnant.
"I want to send a clear message to men to get off the sidelines and enter the fight for reproductive justice."
Thurman, who was the single mother of a young son, is one of at least several U.S. women—most of them Black or brown—whose deaths have been attributed to draconian anti-abortion laws.
"She left a son, who every day is confused by why his mother is not here," Williams said of her daughter. "I'm here to be that voice, to fight, to push, to do whatever I need to do to help save another life. Because I never want a mother to feel what I feel today."
"We cannot quit. We cannot be silent. If we quit, we lose more women," Williams added. "In November, following reporting from ProPublica, officials in Georgia dismissed all members of the state's Maternal Mortality Review Committee, which investigates the deaths of pregnant women across the state."
Last September, Fulton County Judge Robert McBurney struck down the state's six-week abortion ban as a violation of "a woman's right to control what happens to and within her body," a decision that made the procedure legal up to approximately 22 weeks of pregnancy. Republican Georgia Attorney General Chris Carr appealed the ruling to the state Supreme Court.
Avery Davis Bell, a Savannah mother who had to travel out of Georgia for care after her fetus was diagnosed with a fatal condition that threatened her own life as well, said during Tuesday's press conference: "I could have been Amber Nicole Thurman. It is important for me to continue sharing my story and advocating for us to be able to build the families we want, protect our lives, and be here for our living children."
Atlanta-area ultrasound technician and abortion care provider Suki O. said during the event that Georgia's ban "has been in place for three years now and it doesn't get any easier."
"To turn women away is the hardest thing for me to do," she added. "How many Black women will die, have died, and will continue to die due to these abortion bans?"
Davan'te Jennings, president of Young Democrats of Georgia and youth organizing director at Men4Choice, told the press conference that abortion "is not just a women's issue, this is a man's issue as well."
"I want to send a clear message to men to get off the sidelines and enter the fight for reproductive justice," Jennings added. "What would it look like for you to have to watch your mother go through this? To watch your sister go through this?"
While Trump has said he would veto any national abortion ban passed by the Republican-controlled Congress, reproductive rights advocates have expressed doubt that the president—a well-documented liar—would actually do so, and warned that his administration could use a 151-year-old law known as the Comstock Act to outlaw the procedure without needing congressional approval.
Critics also note that Trump has repeatedly bragged about appointing three of the U.S. Supreme Court justices who voted to overturn Roe in Dobbs v. Jackson Women's Health Organization, the 2022 decision that canceled nearly a half-century of federal abortion rights.
The Trump administration is also widely expected to revive the so-called Global Gag Rule, which bans foreign nongovernmental organizations from performing or promoting abortion care using funds from any source, if they receive funds from the U.S. government for family planning activities.
Conservative groups, including the Heritage Foundation-led coalition behind Project 2025—a blueprint for a far-right overhaul of the federal government—have proposed policies includinga national abortion ban, restricting access to birth control, defunding Planned Parenthood, monitoring and tracking pregnancy and abortion data, and eviscerating federal protections for lifesaving emergency abortion care.
While campaigning for president, Trump said he would allow states to monitor women's pregnancies and prosecute anyone who violates an abortion ban. According to the Guttmacher Institute, 12 states currently have near-total abortion bans, and 29 states have enacted prohibitions based on gestational duration.