Saturday, January 25, 2025

Pardons and Policy Changes Limit Use of FACE Act Against Abortion Protesters

On Thursday, President Trump granted full and unconditional pardons to 23 defendants who were convicted of violations of the Freedom of Access to Clinic Entrances Act. (Full text of Pardon document.) The pardons which were issued a day before the annual January 24 March for Life in Washington D.C. cover defendants in five separate cases: United States v. Handy (blockade of a Washington, D.C. abortion clinic); United States v. Gallagher (barricading of a clinic in Mt. Juliet, Tennessee); United States v. Zastrow, (blockading of abortion clinics in Sterling Heights and Saginaw, Michigan); United States v. Williams (Blocking entrance to Manhattan Planned Parenthood Clinic); United States v. Moscinski (blocking access to Hempstead, N.Y. Planned Parenthood Clinic). AP reports on the pardons.

The Trump Administration also took steps to limit future prosecutions under the Freedom of Access to Clinic Entrances Act.  AP reports that a memo sent by the Attorney General's Chief of Staff, Chad Mizelle, to the head of the Civil Rights Division orders dismissal of three pending cases growing out of 2021 clinic blockades in Tennessee, Pennsylvania and Ohio. The memo also says that future prosecutions or civil actions under FACE Act will only be permitted in extraordinary circumstances or in cases presenting significant aggravating factors. Mizelle called prosecutions against anti-abortion protesters a weaponization of law enforcement because few prosecutions were brought against attacks on crisis pregnancy centers and other pro-life organizations.