A federal jury convicted six pro-life activists of violating the Freedom of Access to Clinic Entrances Act (FACE Act) and a felony conspiracy against rights.
There’s that conspiracy charge again, a way to up the ante on any group of people who act in concert. In this case, it was a nonviolent protest that involved praying, singing hymns, and sitting in front of a door at an abortion clinic. If I’m understanding the case, it was the blocking of the door – the location of their protest – that constituted the violation of the law, which says these are possible elements of the crime:
(1) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; … (3) intentionally damaging or destroying the property of a facility, or attempting to do so, because such facility provides reproductive health services, or intentionally damaging or destroying the property of a place of religious worship.
They face the possibility of 10+ years in prison, but have not been sentenced yet so there is also the possibility of lighter sentences. But that conspiracy charge indicates that the prosecution would certainly like long sentences.
The statute is not just about abortion clinics; it also applies to other facilities:
The statute protects all patients, providers, and facilities that provide reproductive health services, including pro-life pregnancy counseling services and any other pregnancy support facility providing reproductive health care. Where state statutes and local ordinances also prohibit certain types of conduct directed at health care providers, federal, state and local authorities work together to determine what charges are appropriate to bring.
As Mary Chastain – the author of the Legal Insurrection post – points out, however, has the FACE act also been used against the perpetrators of many acts of vandalism against pro-life pregnancy centers? When I did a quick search, I found this from last October:
In a separate incident the year prior, in June 2022, CompassCare’s [a pro-life center] location in Buffalo was firebombed. Footage has revealed two masked males were responsible, and they remain unidentified. Harden previously stated, “… [O]ver 300 attacks on pro-life entities have occurred with zero convictions. Both federal House and Senate judiciary committees are investigating the DOJ and FBI’s refusal to thoroughly investigate and prosecute violent crimes against pro-life pregnancy centers like CompassCare.”
That indicates another two-tier system of justice enforcement. The statute protects both types of center, but it seems that the DOJ and FBI pick and choose which type to protect through criminal charges:
The FACE Act prevents both pro-abortion and pro-life protestors from obstructing or interfering with reproductive health facilities, including pro-life pregnancy centers, though it has primarily been used against pro-lifers. …
Though there have been numerous prosecutions of pro-lifers for FACE Act violations, pro-abortion attacks have largely gone unpunished, despite the fact that attacks against PRCs and other pro-life facilities skyrocketed following the Supreme Court’s overturn of Roe v. Wade. Last November, FBI Director Christopher Wray admitted that “probably in the neighborhood of 70% of our abortion-related violence cases or threats cases are cases of violence or threats against […] pro-life organizations.” Despite this, PRCs like CompassCare have had to fight for help in identifying the vandals and putting an end to the violence.
“It is ridiculous that as pro-life citizens we are forced to do the job of both the FBI and DOJ,” said CompassCare’s CEO James Harden in a statement to The Washington Times. “The FBI refused to investigate so we hired private investigators. The DOJ refuses to indict, so we brought FACE charges.”
If anyone knows of a DOJ prosecution of someone for defacing or blocking a pro-life pregnancy clinic, please put a link in the comments.
