Attorney for Indiana doctor tells AG to cease and desist ‘false’ statements

An attorney representing the doctor who provided an abortion to a 10-year old rape victim from Ohio sent a cease and desist letter to Indiana Attorney General Todd Rokita (R), telling him to stop making “false and defamatory” statements about Indiana OB-GYN Caitlin Bernard.

“Your false and defamatory statements to Fox News on July 13, 2022, cast Dr. Bernard in a false light and allege misconduct in her profession,” attorney Kathleen DeLaney said in the letter. 

Bernard made national news earlier this month after she spoke with The Indianapolis Star about providing abortion services to a 10-year-old Ohio girl who had been denied an abortion after she was raped because her pregnancy had passed the six-week mark by a few days.

Once a suspect was arrested, Rokita repeatedly raised doubts about whether Bernard reported the abortion to state officials.

On Thursday, Rokita said he would be looking into Bernard’s licensure and whether she had violated Indiana’s abortion reporting laws. Rokita also claimed that Bernard had a history of failing to report abortions — allegations that have been repeated by an anti-abortion group and conservative media outlets. 

In a letter to Indiana Gov. Eric Holcomb (R) on Thursday, Rokita said that his office had made multiple attempts through several agencies to obtain proof that Bernard had disclosed the abortion and had not yet obtained any records.

But even after multiple media outlets obtained public records that confirmed Bernard fully complied with all applicable reporting laws, Delaney alleged that Rokita continued to make false statements. Those statements put Bernard in danger, DeLaney wrote.

“We are especially concerned that, given the controversial political context of the statements, such inflammatory accusations have the potential to incite harassment or violence from the public, which could prevent Dr. Bernard, an Indiana licensed physician, from providing care to her patents safely,” DeLaney wrote.

In a statement to The Hill, Rokita’s office indicated it had not yet received the letter.

“Like any correspondence, it will be reviewed if and when it arrives. Regardless, no false or misleading statements have been made.”

Updated at 4:53 p.m.