DOJ Report Accuses Biden of Weaponizing FACE Act

The Justice Department released a report on Tuesday accusing the Biden administration of weaponizing the Freedom of Access to Clinic Entrances (FACE) Act to target anti-abortion activists. The report, published by the agency's 'Weaponization Working Group', claims that federal law meant to protect reproductive health clinics from violence was used to prosecute conservatives and Christians who protested abortion.

The FACE Act, signed into law over 30 years ago, prohibits threats, acts of violence, obstruction or property damage meant to interfere with reproductive health care services. The report alleges that federal prosecutors pursued more severe charges and significantly harsher sentences for anti-abortion rights defendants compared to 'violent pro-abortion defendants'. It also accuses federal prosecutors of knowingly withholding evidence from defense counsel.

The Justice Department has taken personnel action against at least four federal prosecutors involved in civil lawsuits against anti-abortion activists. The report's findings were disputed by several groups, including the nonprofit Democracy Forward and Justice Connection. Critics argue that the report is a waste of 'countless hours and taxpayer dollars' and consists of cherry-picked emails to create a fictionalized narrative.

The Trump administration has issued full pardons to anti-abortion rights Christians who were convicted under the Biden administration. The Justice Department also dismissed several civil cases and limited future FACE Act prosecutions to extraordinary circumstances. Acting Attorney General Todd Blanche stated that 'no department should conduct selective prosecution based on beliefs' and emphasized restoring integrity to the prosecutorial system.

The report cited a case involving pro-life activist Mark Houck, in which prosecutors declined a request for him to self-surrender and instead authorized an FBI arrest at his home. Justice Department officials said sentencing recommendations for pro-life defendants averaged 26.8 months in prison, compared to 12.3 months for individuals accused of attacks on pro-life organizations.

The report argued FACE Act enforcement under the Biden administration was uneven, with authorities prioritizing cases involving abortion clinics while failing to adequately pursue attacks on pregnancy resource centers and churches. Assistant Attorney General Daniel Burrows said the findings raised serious concerns about department attorneys, stating that some prosecutors 'withheld evidence' and worked to exclude religious jurors.

A pro-life activist whose 2022 arrest by the FBI under the Biden administration drew national headlines has reached a seven-figure settlement after suing the Justice Department over his arrest and prosecution. Mark Houck filed a lawsuit against the department in 2023 seeking restitution for what he called 'a faulty investigation' and 'excessive force' after a SWAT team of around 25 people arrested him in front of his children at his home on September 23, 2022, allegedly with guns drawn.

After a three-year legal battle, Houck reached a settlement with the Department of Justice under President Donald Trump and was awarded more than $1 million. Steve Crampton, one of Houck's attorneys at the Thomas More Society, told Fox News Digital that they were pleased with the outcome and commended the Trump administration for attempting to acknowledge and right the wrongs done to pro-life activists under the Biden administration.

Houck had been praying outside a Philadelphia Planned Parenthood clinic in 2021 when a Planned Parenthood volunteer allegedly harassed his son. Houck was accused of pushing the volunteer during the encounter, and federal prosecutors charged him months later with allegedly violating the FACE Act. The Act makes it a federal crime to 'use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services.' Houck was later acquitted by a Philadelphia jury but could have faced up to 11 years in prison if convicted.