House Hearing Accuses Biden Administration of Targeting Pro-Life Protesters Through FACE Act Enforcement

House Hearing Accuses Biden Administration of Targeting Pro-Life Protesters Through FACE Act Enforcement

A pro-life attorney testified during a recent House hearing that the Biden administration’s Department of Justice engaged in a concerted effort to criminalize pro-life activism. This came to light during discussions surrounding the enforcement of the Freedom of Access to Clinic Entrances Act, commonly referred to as the FACE Act. The hearing highlighted the cases of several pro-life protesters sentenced to prison for their involvement in a large-scale demonstration in Washington, D.C., in 2020.

Peter Breen, the executive vice president and head of litigation at the Christian nonprofit law firm Thomas More Society, presented his views before the House Judiciary Subcommittee on Oversight. He detailed the prosecution of 23 individuals linked to protests at abortion clinics, many of whom participated in a blockade, demanding their rights to protest be protected. Notably, former President Donald Trump pardoned these activists shortly after taking office.

Breen criticized the Biden DOJ, stating, “The Biden DOJ engaged in a systematic campaign to abuse the power of the federal government against pro-life advocates. Meanwhile, the same DOJ ignored hundreds of acts of vandalism and violence targeting pro-life organizations, including churches and pregnancy centers.”

During the hearing, titled “Entering the Golden Age: Ending the Weaponization of the Justice Department,” Breen was joined by other notable witnesses such as Chris Swecker, a former FBI assistant director, Jonathan Fahey, a legal partner at Holtzman Vogel, and Brendan Ballou, a federal prosecutor.

The Thomas More Society has represented many of the activists prosecuted under the FACE Act. Following their convictions, Breen and his organization pushed for a pardon from President Trump. Commenting on the pardons, Trump remarked, “They should not have been prosecuted, especially considering many of them are elderly people. This is a great honor to sign this.”

Breen expressed his gratitude for the pardons. He stated, “On behalf of our clients and the pro-life movement as a whole, we are thankful to President Trump for his recent pardons and to the members of this House who supported that effort. Those pardons sent a powerful message to the country, specifically to Americans in the pro-life movement, that the federal government should not be weaponized against individuals based on their beliefs in the sanctity of human life.”

Legal representatives for the DOJ maintain that the actions of the pro-life activists transgressed the FACE Act. This federal law, enacted in 1994, prohibits any form of physical force or intimidation aimed at obstructing an individual from obtaining or providing abortion services. The case against the activists rests on assertions that they physically blocked access to the clinic. According to the DOJ’s announcements, evidence at trial showed that the defendants employed forceful tactics to initiate a blockade, leading to physical harm to clinic personnel and patients.

The Department of Justice stated, “Evidence presented at trial established that the defendants used force and physical obstruction to execute a clinic blockade that was organized by the group’s leaders. The defendants’ forced entry into the clinic at the outset of the invasion resulted in injury to a clinic nurse.” This account included reports of distress among patients unable to access services due to the blockade.

Nonetheless, the FACE Act has become a focal point of contention within the pro-life community. Critics argue that the act violates First Amendment rights, infringes on the freedom to protest, and disproportionally targets anti-abortion activists. Breen articulated this perspective, stating, “We urge Congress to repeal the FACE Act, which is selectively and illegally enforced by pro-abortion presidential administrations. Additionally, in the immediate term, Congress can undertake several concrete actions to define the appropriate scope of the laws while defending the rights of pro-life Americans.”

Throughout the nearly two-hour hearing, witnesses also discussed controversial FBI practices, including a heavily redacted memo suggesting a focus on so-called radical-traditionalist Catholic ideology. This memo, released in 2023, raised concerns among legislators about the FBI’s targeting methods, notably in relation to faith-based groups.

Fox News Digital has reached out to the DOJ for their response regarding the criticisms raised during the hearing and the application of the FACE Act.

Implications for Pro-Life Activism

As the fallout from the House hearing continues, the implications for pro-life activism are significant. The characterization of the DOJ’s actions as a systematic campaign against pro-life advocates amplifies calls for legislative changes to better protect the rights of individuals protesting against abortion practices. Many within the pro-life movement view the enforcement of the FACE Act as indicative of a broader trend of governmental pushback against their beliefs and protests. The discussions in Congress may define the future landscape of pro-life activism and the broader conversation around access to abortion services in the U.S.

With the divisive nature of the topic, further scrutiny of both the FACE Act and the DOJ’s enforcement policies is likely as pro-life advocates rally for changes to better assert their rights. The outcome of these discussions could impact how protests are conducted and monitored in the future, as well as how justice is administered for those advocating for their beliefs.