Attorney General Phil Kline may be in some hot water, and could face a possible investigation after an appearance on The Bill O'Reilly Show.   

Just days away from the polls opening, Attorney General Phil Kline makes a national TV appearance.  The topic is why he fought to subpeona abortion records. Kline defended his point and his reasoning. Then host Bill O'Reilly added this, "our information says that on almost every medical sheet, obviously we have a inside source here...It says depression."

O'Reilly is referring to medical records from Dr. George Tiller's clinic here in Wichita. The question is how did he see those records? Are they the same records the Attorney General fought to have in his posession?

"Our concern has always been that once the records are out of the protection of the clinic, they will fall into the wrong hands, " says George Tiller's attorney Dan Monnat.  Monnat believes somehow those records were leaked to the O'Reilly show. 

"It seems unlikely that within two weeks after these records being turned over to the Attorney General's office, that somehow they're now in the posession, or the information in them is in the posession of a national talk show host," says Monnat.

It is so troubling for Tiller and his attorney's that come Monday morning, they will petition the Kansas Supreme Court to appoint a special prosecutor to investigate the Attorney Gneral and any potential leak.

Kline's office says they have not shared or shown the records.  Adding that questions about O'Reilly's statement should be directed to his show.

Tiller's attorney Dan Monnat say this issue is about protecting the privacy of patient records, "What will next be published on national tv? Will Bill O'Reilly have a list of the names of  the women in the files, and will that be run at the bottom of the screen tomorrow night? That's what these women have to be asking."

The Attorney General's office says that Tiller's request for a special prosecutor would not be filed with the Kansas Supreme Court.  They add that this is nothing more than a political stunt.