An attorney for two anti-abortion activists facing charges after making undercover videos about Planned Parenthood say the activists were indicted by a "runaway grand jury."

The Houston grand jury cleared Planned Parenthood of misusing fetal tissue and instead indicted David Daleiden and Sandra Merritt on charges of tampering with a governmental record for using fake driver's licenses to gain access to a Planned Parenthood facility in Texas. Daleiden also faces a misdemeanor related to purchasing human organs.

Their attorney, Terry Yates, said Wednesday that the charges won't hold up in court.

Yates said he's making arrangements to have the activists come to Texas from California, where they live, and turn themselves in. Yates doesn't know when that will happen.

The videos alleged Planned Parenthood illegally sold fetal tissue for profit.