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A Texas grand jury investigating criminal allegations against Planned Parenthood related to a series of undercover videos instead indicted two of the anti-abortion activists who shot the footage.

Center for Medical Progress founder David Daleiden and center employee Sandra Merritt were charged with felony charges of tampering with a government record. Daleiden was also charged with a misdemeanor count related to purchasing human organs.

Judge Andrew Napolitano said on "The Kelly File" that this is a case of a political prosecutor injecting herself into an issue.

He explained that the prosecutor not only declined to charge Planned Parenthood officials in the alleged sale of the body parts of aborted fetuses, but she then turned around and went after the activists who captured the undercover footage.

Judge Napolitano added that it doesn't make any sense to charge journalists who were merely testing Planned Parenthood with the actual conspiracy to sell body parts.

"These are what we call 'crimes of intent,'" he said. "You have to intend to commit the crime. You can't just utter the words."

"Absolutely this is a political hit job."

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