A federal judge has suspended the Biden administration's Department of Justice (DOJ) attempt to jail Christian pro-life activists for up to 10 years.
Judge Matthew Reitman, an Obama appointee, suspended the Justice Department's FACE Act and felony conspiracy cases against seven pro-life activists. I'll be waiting In her ruling over a peaceful protest at an abortion clinic in Michigan, she cited the 2024 election results and the possibility that the next presidential administration would respond differently to such incidents.
“As further discussed on the record, the court will hold another status conference during the week of March 24, 2025, to receive a report from the government trial team on whether there has been a change in the government's position regarding continuance. “with respect to this case and/or the positions that the defendant is expected to assert in post-trial motions,'' Reitman said in a Nov. 19 order obtained by Breitbart News.
Steve Crampton, Senior Advisor thomas more society A lawyer involved in the case told Breitbart News in a phone interview that Reitman was working to determine whether the Justice Department had implemented the new policy despite the government's opposition. He said he ordered a re-investigation of the incident a day later.
“In my 40 years of practice, I think this is pretty unusual. I've never seen it before” for a judge to suspend such cases in anticipation of a new administration. When asked if this was unusual, Crampton replied:
Activists including Eva Edl, an 89-year-old communist concentration camp survivor, Found They were found guilty in August of conspiracy against rights and violations of the Freedom of Clinic Admissions Act (FACE) for participating in a 2020 peaceful protest at the Northland Family Planning Clinic in Sterling Heights. They could face up to 10 years in prison. This was reinforced by the Justice Department's use of federal laws enacted after the Civil War to target members of the Ku Klux Klan.
Read more – Explainer: Justice Department uses KKK-era accusations to extend pro-life activist’s prison term
The Michigan case is one of several FACE Act cases aggressively prosecuted by Biden's Justice Department to jail pro-life activists following the 2022 Supreme Court ruling. dobbs decision. in dobbsthe Supreme Court overturned in 1973. Roe vs. Wade This decision created a constitutional right to abortion and sent the issue back to individual states and their elected representatives.
Reitman's moratorium on the Michigan case requires President Trump to review and potentially pardon “all political prisoners who have been unfairly victimized by the Biden administration,” including pro-life activists, during the campaign. This was issued after repeated promises. Return to the families they belong to. ”
In his speech at the Faith and Freedom Coalition on June 22nd, Trump specifically said: mentioned The case involves 75-year-old Paulette Harlow, who was sentenced to 24 months in prison for violating the FACE Act and conspiracy against rights during a 2020 protest at a Washington, D.C., abortion clinic notorious for late-term abortions.
“Paulette is one of the many peaceful protesters that Joe Biden has rounded up and imprisoned, sometimes with SWAT teams,” Trump said. “Many people are in jail for this matter. …We will respond immediately — [on the] first day. “
The future of FACE law
The FACE Act was signed into law in 1994 by then-President Bill Clinton. outlaw “Violent, threatening, damaging, and obstructive conduct intended to harm, threaten, or interfere with the right to seek, obtain, or provide reproductive health services.” Although written to provide equal protection for clinics, pro-life pregnancy resource centers, and churches, 97 percent of lawsuits under the FACE Act have been against pro-life advocates since the law was enacted.
The Biden administration has been accused of weaponizing the FACE Act more than any previous administration. Data obtained by Rep. Chip Roy (R-Texas) shows that in less than four years, Biden's Justice Department accounted for more than a quarter of all 211 FACE prosecutions. are. At least 55 FACE Act lawsuits have been filed under the Biden administration, but only five of them were for pro-abortion attacks on pregnancy centers. increase Under attack against Pro-life pregnancy centers and churches following Supreme Court ruling dobbs decision.
Biden's Justice Department has openly supported abortion; establish The government will launch a “Reproductive Rights Task Force” in 2022 to “protect access to reproductive health care” with a view to reversing reproductive rights. Roe vs. Wade. Department of Justice too strategic before it's over egg Combining FACE Act charges with complicity against rights to increase sentencing, especially for pro-life activists.
“In my opinion, I've been defending FACE Act cases since FACE was adopted in 1994, and it's always been about abortion,” Crampton said. “They're doing this blackmail to protect things like churches just to get Republican support and make it bipartisan, but it's always aimed at shutting down the pro-life movement.”
Crampton said FACE Act prosecutions brought under other administrations typically “involved some form of violence, perhaps an attempted bombing or something like that,” which was only done under the Biden administration and after the end of the war. He said that he was egg Did the government “raid” the opposition and prosecute activists over incidents that happened years ago?
“I think everything points to these facts. [prosecutions] It's politically motivated. They were basically brought in as punishment after the overthrow of the state. Roe vs. Wade” he said. “And the fact that the Biden administration has created what’s called a reproductive rights task force. dobbs It just strengthens the case. They worked across departments to effectively carry out a witch hunt against pro-lifers. ”
Crampton said that in light of President Trump's pledge to review and pardon incarcerated pro-life activists, the Thomas More Society is now involved in similar cases, not just the pro-life activists they represent. He said he was working on a formal petition seeking presidential pardon for many of the people who were killed. .
“We are going the extra mile to do the heavy lifting of preparing a formal petition and will turn it over to the Trump transition team in the hopes that Mr. Trump will do just that,” he said. said.
In addition to hopes for clemency, two other avenues could potentially end the FACE Act, which some conservatives and Republicans argue is unconstitutional.
Read more: Rep. Chip Roy calls on Republicans to repeal laws used to put pro-lifers in prison
Roy and Sen. Mike Lee (R-Utah) introduced the next bill in September 2023. abolition “The Biden administration's Department of Justice is brazenly weaponizing the FACE Act against ordinary Americans across the political spectrum, simply because they are pro-life,” he claimed at the time. . Roy also said he believes the law is “an unconstitutional takeover of the powers of state police by the federal government.”
Roy recently called on Republicans to repeal the law as soon as possible, as Republicans are expected to control the House, Senate and White House.
“Obviously, we need to move the bill forward, and it's going to be very important given what we're seeing in terms of the persecution of Americans in prison,” Roy said. spoke. said Daily signal in late November.
“Now that the election is over, we feel like we should make an announcement this year. Please vote to make sure more Americans are not persecuted,” he added. “…I think we should be able to clear the trifecta. We should move forward with it. But look, the Republicans have to have the courage to actually stand up for both free speech and life. yeah.”
“It should be abolished,” Crampton agreed. “Congress created it in the first place, and Congress should tear it down. Frankly, I think it was always unconstitutional.”
The FACE Act could also end up in the Supreme Court, Crampton said.
“Even if there is a pardon, the law seems to allow us to continue the appeal,” he said. “A pardon is more like forgiveness for something, it's not a declaration of innocence. So you still have something like guilt hanging over your head, so we erase it all together. I want to leave.”
“Our hope is to pursue this, and we believe it could be in the Supreme Court. But of course, actually convincing four of the justices to accept it is not an easy task.” he continued.
He said the Thomas More Society is working on appeals in two huge FACE cases, one in Washington, D.C., and one in Tennessee, which have also been consolidated and put on hold.
“We're standing there in a sense of bewilderment, tacitly recognizing the fact that there may be a change of administration and a change of policy. So that idea is that of the Michigan trial court judge. “It’s certainly broader than opinion,” he said.
“We are taking a multi-pronged approach, but none of these approaches are moving quickly at this point,” he added.
Overall, there is limited room for Republicans to address the FACE Act before the next presidential election, and there are no guarantees about how future administrations will utilize the law.
“I think it would be very politically naive to leave the law alone and rely solely on guarantees of future pardons,” Crampton said.
“So it's highly unusual that President Trump is at the forefront of his administration considering this action,” he said, warning that the potential for future weaponization is “very strong.”
“In many respects in particular, I would say the Biden administration has kind of gotten away with it so far,” he said. “They were successful, at least at the trial level, in carrying out these prosecutions, including punitive conspiracy for rights violations.”
Crampton also proposed an investigation into the FBI's raids on pro-life activists Paul Vaughn and Mark Houck.Completely overkill and unnecessary. ” The FBI allegedly arrested both Mr. Vaughn and Mr. Hawk at gunpoint in front of their wives and children. Houk was ultimately acquitted in the FACE case, but Vaughn, who participated in the peaceful protest, was sentenced to three years of supervised release. Both men could be sentenced to up to 11 years in prison.
“So the use and abuse of the FBI should also be investigated, and if any wrongdoing is found, and I think there was wrongdoing, I would suggest that they should also be prosecuted.'' Tong insisted. “The real criminals here are the people who filed the charges at the federal level.”
The case is USA vs ZastrowNo. 23-cv-20100 of the United States District Court for the Eastern District of Michigan.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her at @thekat_Hamilton.
