The development became public following Sandra Merritt's initial court appearance. She turned herself in to Texas authorities Wednesday and posted a $2,000 bond.

After the hearing, Merritt's attorneys said she was "falsely accused" and that the case needs to be dismissed.

"The indictment is wrongheaded. I don't care if you're pro-life, I don't care if you're pro-choice, I don't care if you're a pro-bowler—this case is dumber than a bucket of hair. It needs to be dismissed. It's wrongly brought and we're looking forward to our day in court," attorney Dan Cogdell said.

Both Merritt and the other activist, David Daleiden, are charged with tampering with a governmental record, using fake IDs while carrying out their undercover investigation. That's a felony punishable by up to 20 years in prison.

Supporters point out that undercover journalists have used fake IDs for years without facing jail for it.

And attorneys for the defendants argue the charge is extreme, comparing the case to the countless young people who have used fictitious driver's licenses to buy beer.

"Can you imagine every kid who did that being charged with a felony?" asked attorney Terry Yates.

"We expect when a DA office looks at what this grand jury has rendered in terms of indictment, they won't go forward," he said.

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