A newly released internal review by the U.S. Department of Justice reveals that officials under former President Joe Biden “weaponized” the Freedom of Access to Clinic Entrances Act to disproportionately target pro-life activists, many of whom are aligned with Republican views.
The review revealed that the the department sought longer prison sentences for them than for pro-abortion defendants.
This is according to a nearly 900-page internal review released Tuesday, April 14th by the DOJ Office of Legal Policy.
The review examined more than 700,000 records on prosecutions under the Freedom of Access to Clinic Entrances (FACE) Act, a 1994 law meant to protect access to abortion clinics, pregnancy resource centers, and houses of worship.
Task force targeted pro-lifers after Roe overturned
Former Attorney General Merrick Garland created a national task force to pursue pro-life cases one month after the Supreme Court overturned Roe v. Wade in June 2022.
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Emails showed the task force, led by civil division trial attorney Sanjay Patel, worked with Planned Parenthood Federation of America, the Feminist Majority Foundation, and the National Abortion Federation Security Team.
These groups helped start investigations and monitor pro-life activists, sometimes for years. In a Nov. 17, 2021 email, Patel called the National Abortion Federation’s security director, Michelle Davidson, an “MVP” for bringing incidents to his attention that led to investigations and prosecutions.
Aggressive tactics and unequal sentences
In one case, Mark Houck, a Catholic father of seven, was arrested in September 2022 at his rural Pennsylvania home by 16 armed FBI agents, some carrying long guns. He faced two FACE Act charges after shoving a Planned Parenthood escort who harassed his son.
The U.S. Attorney’s Office in the Eastern District of Pennsylvania had declined to seek a summons for self-surrender, but the task force pushed forward. Patel later said the show of force was partly to seize phones under search warrants.
Biden DOJ prosecutors sought an average of 26.8 months in prison for pro-life defendants charged with non-violent FACE Act violations. For pro-abortion defendants, the average was 12.3 months. Judges sentenced pro-lifers to an average of 14 months, compared with 3 months for pro-abortion defendants.
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The review found prosecutors withheld evidence, tried to exclude Christian jurors because of their faith, and used terms like “culty” to describe pro-lifers in draft documents. In the Houck case, Patel pressed for indictment despite concerns from other attorneys about litigation risks.
Why this matters
President Trump signed pardons on his third day in office for 23 pro-lifers convicted under the FACE Act. Many were elderly. Houck was acquitted by a jury in January 2023 and later settled with the DOJ.
Acting Attorney General Todd Blanche said in a statement Tuesday: “This Department will not tolerate a two-tiered system of justice. No Department should conduct selective prosecution based on beliefs.”
He added: “The weaponization that happened under the Biden Administration will not happen again, as we restore integrity to our prosecutorial system.”
The report states that internal referrals have been made for possible criminal prosecution or disciplinary action against involved employees. Patel was fired Monday.
