Justice Department says Biden DOJ weaponized law to go after anti-abortion activists

An abortion-rights protester, left, faces off against an anti-abortion protester in front of the U.S. Supreme Court in 2022. Amanda Andrade-Rhoades/AP

Amanda Andrade-Rhoades/AP

The Justice Department on Tuesday published a report accusing the Biden administration of unfairly using a federal law meant to protect reproductive health clinics from violence to target Christians who oppose abortion.

The report is the first from the agency's "Weaponization Working Group," a taskforce created under the current Trump administration to investigate perceived wrongdoing by the Biden administration. It comes as Acting Attorney General Todd Blanche faces pressure from the president to go after Trump's perceived political enemies.

Former Attorney General Pam Bondi created the working group as one of her first acts on the job last year; this report is so far the group's only meaningful outcome.

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Separately, the DOJ has made other efforts to investigate Trump opponents like New York Attorney General Letitia James and former FBI Director James Comey — but has failed to get a case to stick.

The report says the Justice Department under former President Joe Biden used the FACE ACT, or the Freedom of Access to Clinic Entrances Act, to launch biased prosecutions and lawsuits against conservatives and Christians who protested abortion.

The FACE Act was signed into law more than 30 years ago and prohibits threats, acts of violence, obstruction or property damage meant to interfere with reproductive health care services, including abortion.

"This Department will not tolerate a two-tiered system of justice," Blanche said in a statement announcing the report. "No Department should conduct selective prosecution based on beliefs. The weaponization that happened under the Biden Administration will not happen again, as we restore integrity to our prosecutorial system."

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Federal prosecutors pursued more severe charges and significantly harsher sentences for anti-abortion rights defendants compared to "violent pro-abortion defendants," the report says. The report also accuses federal prosecutors of "knowingly" withholding evidence from defense counsel, among other claims.

As part of this investigation, the DOJ says it has taken "personnel action" against federal prosecutors involved in civil lawsuits against anti-abortion activists. NPR confirmed at least four people were fired for what the DOJ says was weaponizing the FACE Act.

The report's findings were disputed by several groups, including the nonprofit Democracy Forward, which has frequently sued the Trump administration over its policies.

Skye Perryman, president and CEO of Democracy Forward, said the report was a waste of "countless hours and taxpayer dollars" and consisted of cherry-picked emails "to create a fictionalized, false narrative to distract from the administration's failures to make anyone's life better."

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Stacey Young, executive director and founder of Justice Connection, an organization of former DOJ staffers, also criticized the report and the firing of federal prosecutors.

"DOJ's current leaders' textbook cruelty and hypocrisy are on full display in this report. They insist on zealous advocacy by career staff in advancing the President's priorities, while shaming and firing those who did just that in the prior administration," Young, with Justice Connection, said in a statement. She was referring to Bondi's memo that required department attorneys to "zealously" defend and protect the interests of the U.S., as set by the president.

"They've put career employees on notice: if they do their jobs, they face potential termination if future political leadership disagrees with the policy goals of prior leadership," Young added.

From President Trump's first week back in office, the department has said enforcing the FACE Act was "the prototypical example" of how the Biden DOJ weaponized the law, and the agency, against conservatives.

The administration last year said it would no longer enforce violations of the FACE Act statute, except in extraordinary circumstances, such as cases involving death or serious property damage. Trump has also issued full pardons to anti-abortion rights Christians the DOJ says were "unfairly targeted" by the Biden administration.