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Following the announcement of prison sentences for pro-life activists last week, the Department of Justice filed a lawsuit on Monday against seven pro-life activists and two pro-life organizations.
The DOJ’s lawsuit alleges that the pro-life organizations, Citizens for a Pro Life Society and Red Rose Rescue, as well as activists Laura Gies, Lauren Handy, Clara McDonald, Monica Miller, Christopher Moscinski, Jay Smith, and Audrey Whipple, violated the Freedom of Access to Clinic Entrances (FACE) Act when they sought to stop abortions from taking place at Ohio abortion clinics.
Notably, the DOJ does not use the word “abortion,” but rather “reproductive health services”—except in a statement from U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio.
“Obstructing people from accessing reproductive health care and physically obstructing providers from offering it are unlawful,” Assistant Attorney General Kristen Clarke, the head of the DOJ’s Civil Rights Division, said in a statement.
“Congress passed the FACE Act 30 years ago this month in response to acts of violence, threats of violence and physical obstruction at reproductive health clinics in our country,” she added. “The Civil Rights Division is committed to enforcing federal law to protect the rights of those who seek and those who provide access to reproductive health services.”
The DOJ’s complaint seeks “compensatory damages, monetary penalties and injunctive relief as provided by the FACE Act.”
Handy, one of the activists mentioned in the release, was sentenced to 57 months in prison for trying to stop abortions at a Washington, D.C., abortion clinic. Clarke similarly issued a statement last week celebrating news that Handy and six other pro-life activists would spend time in prison for attempting to stop abortions from taking place.
The FACE Act is a 1994 law that supposedly protects both abortion clinics and pregnancy resource centers, but has been heavily enforced by President Joe Biden’s DOJ against pro-lifers since the June 2022 overturning of Roe v. Wade.
The enforcement of the FACE Act is led by Clarke, who, following a report from The Daily Signal, recently admitted that she hid an arrest and its subsequent expungement from investigators when she was confirmed to her Justice Department post.
The president’s critics have accused Biden and the DOJ of weaponizing the FACE Act against pro-lifers while failing to charge pro-abortion criminals for the hundreds of attacks on pregnancy resource centers since the May 2022 leak of the draft Supreme Court opinion indicating that Roe would soon thereafter be overturned.
Some, among them Rep. Chip Roy, R-Texas, and Sen. Mike Lee, R-Utah, have called for the repeal of the FACE Act, arguing that it serves no purpose but to target pro-life activists.
“The Biden administration is using the FACE Act to give pro-life activists and senior citizens lengthy prison terms for nonviolent offenses and protests—all while turning a blind eye to the violence, arson, and riots conducted on behalf of ‘approved’ leftist causes,” Lee told The Daily Signal in a Tuesday statement.
“Unequal enforcement of the law is a violation of the law,” he added, “and men and women who try to expose the horrors of abortion are being unjustly persecuted for their motivations.”
The post Biden DOJ Ramps Up War on Pro-Lifers With Lawsuit appeared first on The Daily Signal.
The Defense Department undercounted the number of abortions that it authorized between 2016 and 2020, new data shows.
Following a lawsuit from the Oversight Project, a division of The Heritage Foundation, the Department of Defense said that it had identified a total of 77 abortions performed in military medical treatment facilities (MTFs) during the four-year period between 2016 and 2020. (Heritage founded The Daily Signal in 2014.)
That number includes 17 abortions that had previously not been included in the DOD’s figures.
The babies aborted were either the children of a service member or of the service member’s dependents. Eighteen of the abortions were tied to the Air Force, 28 to the Army, four to the Marines, and 27 to the Navy.
In 2021, the DOD authorized 14 abortions of unborn babies throughout the military—bringing the total number of abortions that the DOD authorized between 2016 and 2021 up to 91.
The Defense Department explained the undercounting by saying in a report shared with the Oversight Project that it began updating its methodology counting the abortions it authorizes in 2021.
“As a result, a yearlong effort, involving data analysts and women’s health subject matter experts, began in early 2021 to review and update the methodology for collection of data related to performance of abortions in military medical treatment facilities (MTFs),” the DOD explained. “The updated methodology identified, and corrected, inadvertent underreporting of authorized abortions.”
Some of the DOD’s methodology updates include developing a new definition of abortion: the “termination” of an unborn baby’s life “that would otherwise result in a live birth.” This new definition does not include the removal of ectopic or molar pregnancies, both of which are nonviable pregnancies. It also does not include miscarriages.
The new methodology also included both active-duty members and their dependents (such as their daughters) who aborted their babies at a military medical treatment facility.
“The methodology utilized for this updated report will be the standard for future reports, in order to ensure consistent methodology and understanding, and will be annually reviewed for new medical or coding updates for processes or procedures,” the report noted. “Additional actions will be identified as necessary to ensure accurate reporting consistent with this methodology.”
The Oversight Project initially sent a Freedom of Information Act request to the DOD a few weeks after the U.S. Supreme Court’s June 2022 decision to overturn Roe v. Wade in the Dobbs vs. Jackson Women’s Health Organization ruling.
The lawsuit sought information on whether the abortions DOD was authorizing were “Hyde Amendment-compliant ‘covered’ abortions, meaning if they were performed if the life of the mother was at risk or if the unborn child is result of rape or incest,” Oversight senior investigative counsel Roman Jankowski told The Daily Signal.
“We also requested all records regarding the number of ‘covered’ abortions that are the result of an act of rape and incest that resulted in some type of prosecution under the Uniform Code of Military Justice,” he added. “The DOD did not respond to our FOIA request, forcing the Oversight Project to sue in federal court. These records only provide a partial picture of abortions covered by the DOD, and the Oversight Project will continue to update this as additional records are released.”
The DOD did not immediately respond to requests for comment for this article.
In October 2022, Secretary of Defense Lloyd Austin released a memorandum for senior Pentagon leadership on “ensuring access to reproductive health care.” That memorandum announced that the Defense Department would establish “travel and transportation allowances for service members and their dependents … to facilitate official travel to access non-covered reproductive health care that is unavailable within the local area of a service member’s permanent duty station.”
The move was a direct response to the overturning of Roe v. Wade, the memo said. It claimed that funding abortion travel would be done in accordance with federal law, but Republicans noted at the time that funding travel and transportation to get abortions through the DOD would “in and of itself violate federal law” and contradict the Defense Department’s “past recognition, interpretation, and implementation of this law.”
“Congress has clearly and consistently acted to prevent the U.S. military from funding elective abortion procedures and services necessitated by those procedures, and DOD has acknowledged and complied with the law,” the Republicans said in 2022 in a letter first reported by The Daily Signal. “We are appalled by the flagrant disregard for the law expressed by the Department in this memorandum.”
And DOD spokesman Charlie Dietz confirmed to The Daily Signal in October 2022 that “if the dependent of a service member lives in a state where abortion access is restricted, the DOD will cover their travel and transportation costs to a location where they can legally receive the care.”
Sen. Tommy Tuberville, R-Ala., blocked hundreds of military promotions for more than 10 months as pushback to the Pentagon policy promoting abortion, saying that until the policy was changed, he would not approve any military promotions, arguing that the policy is illegal and violates the Hyde Amendment. The Hyde Amendment is a measure dating back to the 1970s that prohibits federal taxpayer funding of most abortions.
The Alabama lawmaker, who received heavy criticism from his Democratic colleagues, ended his holds in December. Tuberville had also come under fire from some GOP senators, who called on him to give up his effort and allow the promotions to move forward despite the Pentagon’s unchanged pro-abortion policy.
But other leaders, including Ryan Williams, president and publisher of The Claremont Review of Books and of The American Mind; Terry Schilling, president of the American Principles Project; and Kevin Roberts, president of The Heritage Foundation, praised Tuberville for his commitment to stand against the Pentagon’s pro-abortion policy, saying that his hold “on military promotions over the Pentagon’s unjust decision to fund abortion tourism is a righteous manifestation of the Senate’s responsibility to scrutinize military leadership.”
The post EXCLUSIVE: Defense Department Admits to Undercounting Abortions It Authorized appeared first on The Daily Signal.
A federal Justice Department attorney expressed concerns to a Michigan judge about conservative media coverage suggesting that President Joe Biden’s administration is persecuting Christians and pro-lifers for their beliefs.
The discussion took place during a March pre-trial conference in USA v. Zastrow, in which the federal government brought Freedom of Access to Clinic Entrances (FACE) Act charges against eight pro-life individuals who tried to stop abortions of unborn babies from taking place at Michigan abortion clinics.
Those pro-life activists are Calvin Zastrow, Eva Zastrow, Chester Gallagher, Heather Idoni, Caroline Davis, Joel Curry, Justin Phillips, and Eva Edl (a communist death camp survivor who recently spoke with The Daily Signal).
The FACE Act is a 1994 law that prohibits individuals from obstructing the entrances of both abortion clinics and pregnancy resource centers, although it has been heavily enforced by Biden’s DOJ against pro-lifers since the June 2022 overturning of Roe v. Wade.
During the pre-trial motion hearing, according to a transcript obtained by The Daily Signal, DOJ attorney Laura-Kate Bernstein raised concerns that “there’s a great deal of press about this case and the case in Nashville recently.” Bernstein was referring to a case in Tennessee where six pro-lifers were praying outside of an abortion clinic in 2021 and were charged with FACE Act violations.
Bernstein did not immediately respond to a request for comment.
“Where?” questioned Judge Matthew Leitman. “I haven’t seen any.”
Bernstein explained that she was referring to online media “like Mike Huckabee’s show or Laura Ingraham’s show, and those sorts of sources, and some written sources, too, in which at least one of the defense attorneys is making very acerbic statements about the government’s case and the legitimacy of the laws at stake, and that the Biden regime is persecuting Christians.”
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“My concern is one of the jury pool,” she continued. “My concern is that as these national media reach more and more people, including people in the district, that they may be tainted with a preconceived notion of the Biden regime’s persecution of Christians and be unable to try the case as neutral jurors.”
The DOJ attorney said that she was not asking the court to do “something in particular,” but then told the judge that it is the court’s “affirmative, constitutional duty to minimize the effects of prejudicial pretrial publicity.”
Leitman, after asking for clarification on her question, noted that he could ask the jurors whether they had read anything about the case. But he said that Bernstein’s question seemed to be rooted in “important political speech.”
“It seems to me that your first statement, the Biden administration is persecuting Christians … that’s pretty core, important political speech, whether you agree with it or not,” the judge said. “I mean, I’d be hard pressed to tell somebody not to say that.”
The DOJ attorney then pushed back, saying she was referring to interviews in which the pro-lifer’s attorney said that “this case is a war on pro-lifers, that the Department of Justices is using the FACE Act as a weapon against pro-lifers,” or that “the clients are victims of political persecution.”
She also pushed back against the idea that “there’s a two-tier justice system, one for friends of the administration who go free and one for people who are on the wrong spiritual side of the administration.”
“There’s also extremely inflammatory language undermining the legitimacy of the laws to be implied in this case, that you’ve already ruled on—the constitutionality of it—whether reproductive health care includes abortion, as the statue defines it,” she continued. “And because the court has this affirmative, constitutional duty, we wanted to bring it to your attention.”
Bernstein then asked the judge to admonish Thomas More Society attorney Steve Crampton “about speaking about this case in inflammatory and acerbic ways that might taint the jury pool.”
“This isn’t about trying to, you know, interfere with any of his First Amendment rights,” she followed up, noting that Crampton is “of course” free to speak about his clients. “It’s about trying to protect the due process rights in this trial and the government’s right and the public’s right to a fair trial.”
Crampton clarified to the court that Bernstein was referring to Tennessee pro-life activist Paul Vaughn’s interview on the “Mike Huckabee Show,” in which Vaughn made such comments “only after the jury verdict” was entered in his case.
In January, a federal jury convicted Vaughn and five other defendants of a felony conspiracy against rights and a FACE Act offense for trying to stop abortions from taking place at a Mount Juliet, Tennessee, abortion clinic in March 2021.
BREAKING: Six pro-life activists were just found guilty in federal court after being prosecuted by Biden's DOJ under the FACE Act for protesting outside a Nashville abortion clinic.
— Greg Price (@greg_price11) January 30, 2024
Here's a snippet of the protest, which occurred on March 5, 2021.
For the crime of praying and… pic.twitter.com/UPzZvtZebM
“Any reference to United States against Zastrow and this case were, at best, minimal to nonexistent,” the Thomas More Society attorney said. “So I think the government, perhaps, is overreacting to the press coverage of the Nashville case. Nobody’s called any press conference regarding this case, and we certainly have no intention of doing so.”
This week, seven pro-life defendants have been sentenced to prison time on DOJ FACE Act charges related to their attempts to stop abortions from taking place at a Washington, D.C., abortion clinic. That abortion clinic is run by Cesare Santangelo, an abortionist who has been accused of allowing babies to die if they survive his botched abortions.
The District of Columbia does not have laws restricting abortion.
The DOJ said in a release Wednesday: “Lauren Handy was sentenced to 57 months in prison, John Hinshaw was sentenced to 21 months in prison, and William Goodman was sentenced to 27 months in prison,” adding that “Jonathan Darnel was sentenced to 34 months in prison, Herb Geraghty was sentenced to 27 months in prison, Jean Marshall was sentenced to 24 months in prison, and Joan Bell was sentenced to 27 months in prison.”
Those efforts are led by Assistant Attorney General Kristen Clarke, the head of the DOJ’s Civil Rights Division, who just admitted, following a report from The Daily Signal, that she hid an arrest and its subsequent expungement from investigators when she was confirmed by the Senate to her Justice Department post.
“Violence has no place in our national discourse on reproductive health. Using force, threatening to use force, or physically obstructing access to reproductive health care is unlawful,” said Clarke in a statement accompanying this week’s DOJ release.
“As we mark the 30th anniversary of the FACE Act, it’s important that we not lose sight of the history of violence against reproductive health care providers, including the murder of Dr. David Gunn in Florida—tragic and horrific events that led to passage of the law,” she added. “The Justice Department will continue to protect both patients seeking reproductive health services and providers of those services. We will hold accountable those who seek to interfere with access to reproductive health services in our country.”
The post EXCLUSIVE: DOJ Attorney Expressed Concerns About Conservative Media Coverage of Biden Admin Persecuting Christians, Pro-Lifers appeared first on The Daily Signal.
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