This post has been updated.

During a town hall with Fox News’ Megyn Kelly on Wednesday night, Sen. Ted Cruz said he would pardon David Daleiden, one of the activists who faces a felony charge after creating “sting” videos about Planned Parenthood.

An audience member asked the Texas senator if he would pardon Daleiden if his case became a federal one.

“The answer is yes,” Cruz responded.

“I was deeply dismayed and disappointed to see the Harris County district attorney bringing criminal charges against someone who went undercover to expose what appears to be criminal conduct by Planned Parenthood,” Cruz continued. “I think he performed an incredible public service.”

Daleiden, the CEO of the Center for Medical Progress, was indicted by a Texas grand jury with a felony charge of tampering with a government record and a misdemeanor charge related to the purchase of organs. Activist Sandra Merritt was also indicted for the same felony charge — the two used fake driver’s licenses while posing as employees for a fake company while creating the videos.

After discussing the charges against Daleiden, Cruz railed against Planned Parenthood, which he described as “the nation’s largest abortionist.”

“I’ve pledged, if I’m elected president, on the very first day in office, I intend to instruct the U.S. Department of Justice to open an investigation into Planned Parenthood and to prosecute any and all criminal conduct by that organization,” he said. “It appears Planned Parenthood is a national criminal enterprise committing multiple felonies.”

In a statement on Wednesday, Dawn Laguens, executive vice president of the Planned Parenthood Action Fund, criticized Crus’s comments.

“Now Ted Cruz is creating an alternate reality where breaking the law to attack women’s health care is seen as a ‘public service,'” she said in the statement.

Watch the video via Fox News: