Clay Waagner Claims Breakthrough in Necessity Defense

Could Affect Jim Kopp Case



Neal Horsley


(Christian Gallery News Service, December 6, 2002)  Clayton Lee Waagner,  from behind the walls of Lewisberg Federal Penitentiary where he is being held for sending in October and November 2001over 500 fake anthrax letters to Planned Parenthood and other abortion mills, gave an exclusive interview to Christian Gallery News Service. 

Waagner is presently awaiting trial in federal court in Philadelphia for the anthrax mailings.

He does not deny mailing the fake anthrax but claims it was necessary that he do the mailing in order to save babies who were scheduled to die in the hundreds of abortion clinics he temporarily closed down with his mailings. 

Waagner intends to use a well established defense tactic called the "necessity defense" in his upcoming trial.  This is reportedly the same defense that James Kopp intends to mount in his defense in his trial in Buffalo, NY for the murder of Barnett Slepian, the NY abortionist.

One of the main legal hurdles that must be overcome before a necessity defense can be applied is this: the necessity defense requires that the person employing it must prove that they were trying to stop an illegal wrong.  In other words, they must prove that the crime they committed was necessary because their crime prevented the commission of a more serious and more dangerous illegal action. 

"...the law literally says 'a greater evil,'"  Waagner said.

 Since abortion is legal, it was enormously difficult to utilize a necessity defense that requires the action that is being stopped to be an illegal action.

Finding a way to overcome that particular legal hurdle was something that Waagner studied until he found a solution.

He says that a recent development makes it possible to overcome the legality of abortion hurdle.  Waagner said, "On November 5, the President signed into law a bill called the 'Born Alive Infant Protection Act.'  What that law does is protect those children born after a failed abortion attempt."

Waagner continued, "As you and I know, and as most of your listeners know, when an abortion attempt fails and the child is born alive, the abortion providers...kill those babies.  Some of them do it by suffocating them, some of them drown them, some of them snap their necks like they're little chickens."

He continued, "But however it is, they're killing them.  Which was illegal in every State.  But because the States are so scared to prosecute an abortion provider, even if they had the will, they're gun shy. "

"The feds have now made a law that protects those babies," Waagner said.  "In doing that, I now have something to draw on that proves the abortion providers in this country have been doing something that was illegal. And they were doing so at the time I was out flying again."


Waagner claims that the Act passed by Congress proves that abortionists were involved in illegal killing of babies--at least in those instances where they killed the baby who survived abortion.  Since Waagner can prove such illegal actions were occurring during the time he is accused of threatening to use a weapon of mass destruction against the abortion clinics, he believes his necessity defense will have to be seen by Judges to have at least theoretical merit. If so, Waagner will be allowed to mount a defense based on the necessity to stop abortionists from killing babies who survived a botched abortion.

Waagner requests that people contact him who know any person who decided to keep their child because Waagner's fake anthrax mailings prevented them from making their scheduled abortion. His address is:
Clay Waagner
USP Lewisburg
PO Box 1000
Lewisburg, PA 17837

Listen to the interview taped on Nov 29 2002.

Listen to the interview taped on Dec 7 2002.

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