The Justice Department on Tuesday released a report claiming the Biden administration applied federal law unevenly by targeting pro-life activists under the Freedom of Access to Clinic Entrances (FACE) Act. The findings come after a review of more than 700,000 internal documents, including emails, case files, and prosecutorial records.
According to DOJ officials, the review uncovered what they described as close coordination between federal prosecutors and abortion-rights organizations. Groups such as Planned Parenthood, the National Abortion Federation, and the Feminist Majority Foundation were said to have shared information about pro-life activists that was later used in investigations and prosecutions.
The report also raises concerns about how certain cases were handled. It alleges that prosecutors at times sought tougher penalties for pro-life defendants and, in some instances, failed to turn over evidence requested by defense attorneys.
In one example cited, a DOJ official told defense counsel that certain records did not exist or would not be provided, despite the report stating that the information was readily available.
Acting Attorney General Todd Blanche said the department is working to address what he called a breakdown in fairness. He argued that prosecutions should not be influenced by political or ideological views and said the department is moving to restore consistency in how cases are handled.
The review was conducted by the Justice Department’s Weaponization Working Group, a team established during the Trump administration to examine whether federal authority had been used in a politically motivated way. Its focus in this case was enforcement of the FACE Act, which is designed to protect access to abortion clinics as well as pregnancy resource centers.
Among other findings, the report claims prosecutors sometimes tried to exclude potential jurors based on their religious beliefs. It also points to decisions involving arrest tactics, including a case involving activist Mark Houck, where authorities chose to conduct an FBI arrest at his home rather than allow him to surrender voluntarily.
The report draws a comparison between sentencing requests, stating that prosecutors pursued an average of 26.8 months for pro-life defendants, compared to 12.3 months for individuals accused of targeting pro-life organizations. It argues that enforcement priorities were uneven, with more attention given to cases involving abortion clinics than to incidents involving churches or pregnancy centers.
In response, current DOJ leadership says steps have already been taken to change course. These include pardons for some individuals convicted under the previous approach, the dismissal of certain civil cases, and new guidance limiting FACE Act prosecutions to more serious situations.
Assistant Attorney General Daniel Burrows said the findings point to conduct that should not have occurred, adding that department attorneys are expected to uphold consistent legal standards regardless of the the case involved.
