Despite Plea Deal with Pro-Life Activists, AG Bonta Falsely Claims He Secured Felony Conviction

A press statement by California Attorney General Rob Bonta claiming he secured “felony convictions” in the case of two anti abortion journalists is being challenged by the defendants.

In the Jan. 28 press release, Bonta announced the “felony conviction” of David Daleiden and Sandra Merritt, the two anti-abortion activists who secretly recorded Planned Parenthood executives discussing the exchange of aborted fetal tissue for money and medical research.

“While the Trump Administration is issuing pardons to individuals convicted of harming reproductive health clinics and providers, my office is securing criminal convictions to ensure that Californians can exercise their constitutional rights to reproductive healthcare,” Bonta said in the release. “We will not hesitate to continue taking action against those who threaten access to abortion care — whether by recording confidential conversations or other means.”

In a Jan. 28 post published to Bonta’s X account, the Attorney General said “David Daleiden has been convicted of felony invasion of privacy for illegally recording confidential conversations with healthcare professionals.”

An attorney for Daleiden disputes that claim however, and said he has requested the Attorney General’s office retract the statements. In a Feb. 25 phone call, Attorney Steve Cooley called Bonta’s statements “libelous.”

“You can’t have a conviction unless you have a sentence,” Cooley said. “The sentence was deferred and would only be imposed if there was a violation of the conditions of diversion.”

Both defendants pleaded no contest to the felony charges, according to news reports by Cal Matters and The Christian Post. Daleiden and Merritt face a year of probation and the charges will be dropped if they comply with the terms of probation, reports show.

An excerpt from the ruling published to Daleiden’s X account shows the court saying “[T]he plea at this point will be entered but it will not be accepted as a felony.”

Two attempts to contact the Attorney General’s office this week were not returned by press time Friday. 

Attorneys for Liberty Council that represented Sandra Merritt acknowledged receipt of our inquiry but were unable to grant an interview by press time.

Cooley said he has contacted Bonta’s office asking for a retraction, but has not received a reply. He said Bonta is aware that the defendants were not convicted of felony charges.

“Accusing someone of being a felon when they’re not, is libel per se,” Cooley said, acknowledging that the first statement may have been a mistake. “Maybe they didn’t know exactly how it works. But when he was told to retract it, it was explained to him he was mistaken and he did not retract it. Therefore, it is deliberate.”

Pursuing a libel case against Bonta is a possibility, Cooley said.

“We gave him 24 hours he ignored that, and that’s the first step for bringing a libel suit, is giving someone an opportunity to correct it,” Cooley said. “He chose not to correct it. And therefore, we have the option now of bringing a libel suit.”