Report provides evidence that Biden DOJ weaponized federal law against pro-lifers

This week, a CBS News report claimed that "The Trump administration has repeatedly alleged without citing evidence that the Civil Rights Division under former Attorney General Merrick Garland used the Act to intentionally target conservative Christians who are morally opposed to abortion."

Today, that evidence was presented by the Trump Administration in a report nearly 900 pages in length.

Key Takeaways:

• Under the Biden administration, the Department of Justice (DOJ) frequently targeted the pro-life movement under the federal FACE Act, despite most threats and violence coming from pro-abortion activists.

• The media, however, has portrayed pro-life activists dishonestly and maintained that the Trump administration had no proof that the Biden DOJ intentionally targeted pro-life Americans.

• On April 14, the Trump administration released a detailed report, nearly 900 pages long, detailing the numerous ways in which the Biden DOJ targeted pro-life Americans.

• Several Biden DOJ attorneys — including prosecuting attorney Sanjay Patel, who filed "conspiracy against rights" felony charges against pro-lifers in addition to FACE Act charges in an attempt to penalize them with longer prison sentences — have been fired.

• The Biden DOJ used aggressive tactics against pro-lifers, and some Biden administration officials already had a history of lawfare against pro-lifers.

The Details:

The Trump administration has released a detailed report — with over 800 pages of exhibits — examining the Biden-Harris administration's weaponization of the DOJ against the pro-life movement. That report lists five key findings:

• "The Biden DOJ violated the rights of Americans by its biased enforcement of the FACE Act."

• "The Biden DOJ collaborated with pro-abortion groups to track pro-life activists’ First Amendment activity."

• "Biden DOJ prosecutors engaged in inappropriate conduct and comments."

• "The Biden DOJ pursued more severe charges and significantly harsher sentences for peaceful pro-life defendants than violent pro-abortion defendants."

• "The Biden DOJ sought to provide funding to pro-abortion groups."

In 2022, Roe v. Wade was overturned by the U.S. Supreme Court, and that prompted a wave of prosecutions against individuals who had previously been involved in pro-life activism — the majority of whom were peaceful and non-violent. Many of these activists were later pardoned by President Trump.

A press release from the Department of Justice's Office of Public Affairs regarding the working group report states:

Based on a review of over 700,000 internal records, the report not only details specific ways the Biden Justice Department weaponized federal law, but also outlines the corrective action taken by the current Justice Department to make right the wrongs of the prior administration.

The press release provides more context for the ways in which the "Biden DOJ weaponized the FACE Act," confirming that the Biden DOJ...

• "Closely collaborated with pro-abortion groups" — namely, the "National Abortion Federation, Planned Parenthood, and Feminist Majority Foundation" — "to track pro-life activists’ First Amendment activity," and "gained internal information" about them. That information was used to "compil[e] evidence and dossiers that ultimately gave rise to search warrants and charges."

• "Monitored pro-life activists for years before charging them."

• "[K]nowingly withheld evidence that defense counsel requested to prepare an affirmative defense."

• "[T]ried to screen out jurors based on religion."

• "[A]uthorized aggressive arrest tactics instead of allowing pro-life defendants to self-surrender."

• "[P]ursued significantly harsher sentences for pro-life defendants than violent pro-abortion defendants," seeking an "average sentence of 26.8 months for pro-life defendants, compared to 12.3 months for pro-abortion defendants."

• "[P]rovided extensive support to abortion clinics, while ignoring and downplaying vandalism and attacks against pregnancy resource centers."

In addition, the press release says:

The Biden DOJ helped a pro-abortion group secure funding. The lead prosecutor on each FACE Act prosecution served as a reference on the National Abortion Federation’s application for a private grant. We found no record of ethics approval for the attorney to take an interest in the financial outcome of a party having business before the Biden DOJ.

Corrective actions taken by the Trump administration include:

• The issuance of pardons to several pro-life activists.

• The dismissal of "three civl lawsuits against pro-life activists."

• The issuance of a directive emphasizing that prosecuting individuals under the FACE Act must only be done "in extraordinary circumstances or in cases presenting significant aggravating factors."

Assistant Attorney General Daniel Burrows called the findings "shameful," adding that the Biden DOJ's attorneys "withheld evidence, worked to keep committed religious people off juries, and generally allowed the Department of Justice to be used as the enforcement arm of pro-abortion special interests.”

Mary Margaret Olohan

@MaryMargOlohan

·Follow

NEW: The Justice Department just released an 800+ report on how President Joe Biden's administration weaponized the FACE Act against pro-life Americans and Americans of faith. It's worse than we thought. 🧵

11:51 AM · Apr 14, 2026

5.0K

Reply

Copy link

Read 179 replies

The 'Zeal' of Sanjay Patel:

As CBS News reported on April 13, "The Justice Department has fired at least four prosecutors who were involved in prosecutions under the FACE Act during the Biden administration," and among them is federal prosecutor Sanjay Patel, "who was placed on administrative leave last month" when the Trump administration's report was nearing completion.

Stacey Young, "a former Civil Rights Division lawyer who founded and leads the nonprofit Justice Connection," told CBS that the firing of DOJ attorneys "for zealously enforcing the law" is "unconscionable" and "politicizes the department's enforcement actions and punishes dedicated civil servants for doing their jobs."

Yet it appears that Patel, in particular, went well beyond "zeal" in his prosecutorial duties.

In 2022, Patel wrote an article published in the DOJ’s Journal of Law and Practice, titled “FACE Off with Anti-Abortion Extremism—Criminal Enforcement of 18 U.S.C. § 248 (FACE Act).” In it, he specifically argued that the penalties for FACE Act violations were not severe enough, and suggested linking 'conspiracy against rights' over mere criminal conspiracy charges as a way to increase potential jail time. Patel wrote:

First, unlike a section 371 conspiracy, a section 241 conspiracy conviction is always a felony, even when the underlying substantive violation would be a misdemeanor. Second, section 241 violations are punishable by up to 10 years’ imprisonment; or up to life or the death penalty, if certain aggravators apply. And third, under section 241, the government is not required to prove an overt act or substantial step in furtherance of the agreement [emphases added].

And Patel did just that — he charged pro-lifers with conspiracy against rights, which asserts that two or more people were “conspiring to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States."

That law was enacted in 1870 as a protection for Black voters against Ku Klux Klan intimidation and violence. It had never before been used in conjunction with the FACE Act, until Patel linked the two. It was a novel strategy, and one imagined by Patel himself, who appears to have been a biased party on the issue of abortion; he previously “served as the Director of the Task Force on Violence Against Reproductive Health Care Providers.” 

Anti-conservative bias may have been present in the selection of jury members, as well, as a suspicious DOJ jury questionnaire in the report shows prospective members may have been asked to mark if they read certain news sources — including LiveAction.org. It was noted that the list was very "one-sided on conservative news sources."

Mary Margaret Olohan

@MaryMargOlohan

·Follow

Replying to @MaryMargOlohan

Here's a jury questionnaire that the DOJ put together for one of the FACE Act cases involving pro-life defendants Calvin Zastrow, Chester Gallagher, Heather Idoni, Joel Curry, Justin Phillips, Eva Edl, and Eva Zastrow. Notice how the jurors are asked if they get their news from

11:51 AM · Apr 14, 2026

692

Reply

Copy link

Read 13 replies

Squelching Dissent:

In May of 2021, the Supreme Court announced it would take on the case of Dobbs v. Jackson Women’s Health Organization, which had the potential to overturn Roe. Oral arguments were heard in December, and in May, a draft opinion was leaked, revealing the Supreme Court was poised to overturn Roe. Even before the ruling was made official in June of 2022, the Biden DOJ began arrests and prosecution against pro-life activists.

After the official ruling, violence against pro-lifers exploded with even the FBI acknowledging that the majority of violence and threats post-Dobbs came from pro-abortion activists — and ultimately, the Biden administration was forced to admit that there was an intentional increase in FACE Act arrests.

As Live Action News previously reported (emphases added):

From March 2022 through August 2024, at least 49 FACE Act violation charges were brought against more than 30 pro-lifers carrying out common protest efforts. Meanwhile, FBI Director Christopher Wray testified that 70% of the abortion-related attacks since the draft opinion was leaked were carried out by abortion supporters against pro-lifers.

The DOJ even admitted to targeting pro-life activists through the FACE Act in response to the overturning of Roe. As reported by The Daily Signal, Associate Attorney General Vanita Gupta said in December of 2022 that Dobbs increased “the urgency” of the DOJ’s efforts to ‘enforce’ “the FACE Act, to ensure continued lawful access to reproductive services.”

All but two of the arrested pro-lifers... [were] found guilty of violating the FACE Act, Conspiracy Against Rights, or both... with the longest sentence set at just under five years.

... [O]nly seven pro-abortion activists have faced charges for attacks against pro-life organizations since the wave of attacks began in May of 2022 — less than a quarter of the number of pro-lifers charged (despite the FBI director’s testimony of majority pro-abortion violence). Most pro-abortion perpetrators of threats and vandalism were sentenced to no more than one year and one day in prison.

Pro-lifers were aggressively arrested in FBI raids at their homes as if they were dangerous criminals.

Lawfare and Common Threads:

Raids

Mark Houck

In late 2022 under the Biden administration, 15-20 FBI agents were sent to pro-lifer Mark Houck's home early in the morning, guns drawn, traumatizing Houck's young children, and arresting Houck on FACE Act charges. Biden AG Merrick Garland attempted to blame local FBI for the way the raid was handled.

Houck was a sidewalk counselor at an abortion business, and a year prior, defended his 12-year-old son from an abortion business escort who repeatedly verbally accosted him and refused to leave the child alone.

Houck pushed the escort away from the child. Houck was acquitted of all charges against him in 2023, but the damage done to Houck and his family by the Biden DOJ's intimidation tactics cannot be erased.

Chet Gallagher

Pro-life activist Chet Gallagher was out of town when, according to neighbors, FBI agents arrived at his home in October 2022, guns drawn, and entered. As Live Action News reported at the time, "When agents learned Gallagher was not at home, they reportedly attempted to gain information on his whereabouts from neighbors."

Gallagher had led a "rescue" in which he and other pro-lifers prayed and sang in a hallway outside the offices of an abortion business in Mt. Juliet, Tennessee, in March 2021.

Paul Vaughn

Pro-life activist Paul Vaughn was also involved in the peaceful "rescue" in Mt. Juliet, and the FBI showed up to his home in October 2022, guns drawn, traumatizing his family. As Live Action News reported:

“Vaughn was handcuffed on the porch in front of his kids after FBI agents raided the Vaughn family property while carrying assault rifles and side arms,” Cathell reported for Townhall. “Three of Vaughn’s children were outside walking through the backyard when an FBI agent armed with an AR-15 confronted the kids and questioned them. Several kids were asleep upstairs, and one child ran to her mother frantically crying, ‘The FBI is here, and they are arresting Daddy.’ Vaughn’s wife remarked, ‘They traumatized me and my children intentionally. We will never forget this.'”

Vaughn’s wife told Townhall they did not provide a warrant for his arrest, nor did they tell her where they were taking her husband.

Such raids and lawfare against pro-lifers are not new.

David Daleiden

As Live Action News recently reported, former Vice President under the Biden administration, Kamala Harris, was Attorney General of California in 2016 when she instituted a raid on pro-life undercover investigator David Daleiden's apartment (Center for Medical Progress), seizing video footage he obtained regarding the suspected sale of human body parts at Planned Parenthood.

Live Action News noted in a separate report that "E-mail exchanges... show Harris and Planned Parenthood working together to get a search warrant to obtain [the Center for Medical Progress]’s full, unedited videos. She further worked with Planned Parenthood to craft a bill which would make recording undercover conversations with 'health care providers' a crime, with the parties passing copies of the bill back and forth before submitting it."

Shortly thereafter, she ordered the raid on Daleiden's apartment where agents seized "laptops and hard drives containing undercover footage." Harris colluded with Planned Parenthood and the National Abortion Federation, and refused to investigate the organizations themselves.

Common Threads

• After Harris left her job as California AG, Xavier Becerra assumed the position, continuing the prosecution of David Daleiden and his associates, refiling new charges even after multiple charges had already been dropped.

• Years later, Harris served as the Vice President of the United States under President Joe Biden, and Xavier Becerra was appointed as Health and Human Services Secretary in the Biden-Harris administration.

• As Live Action News noted last summer, "After the fall of Roe v. Wade in 2022, the Biden administration pledged to do all it could to promote and protect access to abortion. This included the issuance of an executive order commanding Health and Human Services (HHS) Secretary Xavier Becerra “to consider action to advance access to reproductive healthcare services.”

He did so by "allowing pro-abortion states to use Medicaid coverage for out-of-state residents, thereby using taxpayer dollars to fund abortion travel."

When it comes to prosecuting pro-lifers, the game — and several of the players — appear to be the same.

From early 2022 onward, the Biden administration used multiple tactics to expand abortion and shut down pro-life dissent.

The FACE Act:

MS Now recently claimed that the "main intent" of the FACE Act when it was passed was to prosecute "anti-abortion-rights protesters" (emphases added), but then admitted that the law includes "anti-abortion crisis pregnancy centers" and "places of religious worship":

Last year, Trump’s DOJ announced that it would largely forego prosecuting anti-abortion-rights protesters under the FACE Act — the main intent of the law when it was passed 30 years ago.

... The law, signed by former President Bill Clinton in 1994, prohibits the use of force, physical obstruction, intimidation or interference with people trying to access reproductive health clinics, including both abortion clinics and anti-abortion crisis pregnancy centers. Another statute of the law... prohibits the same actions at places of religious worship.

It was passed on the heels of mounting violence facing abortion providers — including the murders of physicians — in the late 1980s and early ’90s. That rise in violence was tied to Operation Rescue, a Christian organization that organized mass clinic blockades and protests across the country, which also attracted the participation of some of the people who eventually murdered abortion providers.

The text of the law reads (emphasis added):

Freedom of Access to Clinic Entrances Act of 1994 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; (2) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) intentionally damaging or destroying the property of a facility, or attempting to do so, because such facility provides reproductive health services, or intentionally damaging or destroying the property of a place of religious worship.

And yet, the Trump administration report shows the stark sentencing disparities under the FACE Act between pro-life and pro-abortion individuals. Pro-life individuals were sentenced to an average of nearly 15 months in prison, while pro-abortion individuals were sentenced to a third of this — approximately three months:

Alliance Defending Freedom attorney Erin Hawley noted in 2024:

“The text of the FACE Act is clear. Its protections apply to, quote, reproductive health services, which is broadly defined to include not only abortion facilities, but also pregnancy centers. The FACE Act also protects churches and other houses of worship from violence, vandalism, and intimidation."

Yet, she noted that "the Family Research Council has identified 436 instances of threats or violence in 2023 alone" yet the Biden DOJ "failed to initiate a single FACE Act prosecution to protect a house of worship.”

Even so, some have been calling for an end to the FACE Act for years — like Rep. Chip Roy.

The Bottom Line:

There is now exhaustive evidence that the Biden DOJ persecuted the pro-life movement after the fall of Roe, even as the movement was consistently facing violence, threats, and harassment.

Live Action founder and president Lila Rose stated in a press release:

"A Justice Department that works hand in hand with the abortion industry while treating peaceful pro-life advocacy as a threat has abandoned its duty to protect the rights of all Americans equally. 

The pro-life movement was right to sound the alarm. Now the Department’s own report confirms that these Americans were denied equal justice, targeted for their beliefs, and subjected to a serious abuse of federal power. Every official involved in this weaponization should be fully investigated and held accountable.”

This politicized persecution should be prevented from ever happening again.