Pro-life activists say a moderator in Tuesday's presidential debate fact-checked wrong regarding post-abortion deaths and that many states still do not protect infants who survive the gruesome procedure. The controversial moment came moments after Republican nominee Donald Trump charged that the former Democratic governor of Virginia, Ralph Northam, did not support requiring medical care for babies who survive abortion. Northam is a pediatric neurologist.

"He said the baby will be born, and we will decide what to do with the baby. In other words, we'll execute the baby," Trump said.

Trump then turned his focus to Democratic vice presidential nominee and Minnesota Gov. Tim Walz, who "says abortion in the ninth month is absolutely fine [and] he also says execution after birth … is okay."

Moderator Linsey Davis of ABC News then fact-checked Trump and stated, "There is no state in this country where it is legal to kill a baby after it's born."

Pro-life leaders, though, say Davis is wrong.

"The debate moderator and Kamala were lying on children born alive after a failed abortion," Lila Rose, president and founder of Live Action, said on X (formerly Twitter). "In many states, these babies are NOT protected.

"The Minnesota Department of Health says that since Governor Walz came into office in 2019, eight babies survived abortion attempts in Minnesota," Rose said. "On five occasions, no measures were taken to preserve life. On three occasions, only comfort care was provided. Horrifically, all of these children died."

The debate moderator and Kamala were lying on children born alive after a failed abortion. In many states these babies are NOT protected.

A 2024 Family Research Council report revealed that since 2006, at least 277 infants have survived abortions nationwide. However, the true number is likely much higher due to the absence of federal abortion reporting requirements -- and only nine states mandate such reporting.

In 2019, Democratic nominee Kamala Harris, then a senator from California, voted to block a bill that would have required that doctors and nurses "preserve the life and health" of an infant who survives abortion and "ensure that the child born alive is immediately transported and admitted to a hospital." It was known as the Born-Alive Abortion Survivors Protection Act.

"At present, if an infant is killed after birth, it would be regarded as a crime of infanticide if reported. However, if the abortionist or any healthcare practitioner present fails to render care to an infant born alive following an abortion and that infant dies as a result, they do not face any federal criminal charges," the FRC report said. "The Born-Alive Abortion Survivors Protection Act seeks to change this by requiring the abortionist and any healthcare practitioners present to report any failures to provide life-saving care to infants born alive following an abortion and imposing penalties for such failures."

Daniel Darling, president of the Land Center for Cultural Engagement, said the "moderator (like much media) continues to cover for the Dem's extremism on abortion."

Tony Perkins, president of the Family Research Council, said the moderator was wrong on her facts.

"Kamala Harris voted twice against born-alive protections for infants who survive abortion," Perkins said. "Tim Walz voted in Congress once against born-alive and once for born-alive, but then as governor repealed the laws."

Kamala Harris voted twice against born-alive protections for infants who survive abortion.

Pro-life activist Elisa Martinez agreed.

"Moderator just LIED on national TV about infanticide. Infanticide happens whenever babies are born alive during abortions and left to die!" Martinez said. "Radical Dems like Kamala CRUELLY vote CONSISTENTLY against medical care for these babies in the Infant Born Alive Protection Act."

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