In a significant policy shift, the Department of Justice under President Donald Trump has announced the cessation of all federal prosecutions under the Free Access to Clinic Entrances (FACE) Act.
This move aligns with President Trump's executive order aimed at "Ending The Weaponization Of The Federal Government." The directive stipulates that future prosecutions or civil actions related to the FACE Act will only proceed under "extraordinary circumstances, or in cases presenting significant aggravating factors, such as death, serious bodily harm, or serious property damage." Furthermore, the memo, titled "FACE ACT CHARGING POLICY," imposes a moratorium on future prosecutions without the explicit consent of the Assistant Attorney General for Civil Rights.
As reported by RedState, this decision marks a dramatic reversal for a Justice Department that, until recently, had been actively pursuing pro-life activists with felony charges and severe penalties for minor infractions under the FACE Act. The Biden administration's Department of Justice had charged approximately 60 individuals with violations of this law, a notable increase compared to fewer than 100 cases in the law's first 26 years. Notably, only five of these prosecutions targeted pro-abortion activists and groups. The memo criticizes this approach, stating, "This is not the even-handed administration of justice." This shift in policy follows a series of controversial prosecutions that many viewed as politically motivated and excessive.
The FACE Act, originally intended to safeguard access to reproductive health facilities, has been criticized by conservatives as a tool for suppressing peaceful protest. Under the Biden administration, and particularly under Attorney General Merrick Garland, the enforcement of this law reached unprecedented levels, with reports of FBI SWAT teams conducting early morning raids on the homes of pro-life activists. This aggressive approach has drawn widespread condemnation from conservative circles, who argue that it represents an abuse of power and a direct attack on the pro-life movement.
In a related development, President Trump recently pardoned 23 pro-life activists, further underscoring his administration's commitment to protecting the rights of those who oppose abortion. This action, coupled with the new DOJ policy, signals a clear departure from the previous administration's stance and offers hope to those advocating for the repeal or significant amendment of the FACE Act.
The current session of Congress presents an opportunity to address the concerns surrounding this controversial law. Many conservatives are calling for its repeal or substantial modification to prevent future misuse. The Trump administration's recent actions have temporarily removed the FACE Act from the "resistance" arsenal, but the broader battle over abortion rights and free speech continues. As the nation grapples with these complex issues, the debate over the FACE Act and its implications for civil liberties remains a focal point for both sides of the political spectrum.
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