Trump DOJ dismisses more FACE Act cases, curtails future prosecutions

The Department of Justice rescinded three civil cases against pro-life protesters being prosecuted under the federal Freedom of Access to Clinic Entrances Act, or the FACE Act. The 1994 statute makes it a federal offense to block or hinder access to what the federal government characterizes as reproductive services, which includes abortion procedures. Chad Mizelle, the chief of staff for the DOJ, ordered that three civil cases against pro-life protesters in Tennessee, Pennsylvania, and Ohio be dismissed, according to a memo obtained by the Associated Press on Friday.

President Donald Trump directed departments to correct what he characterized as the past weaponization of the law under the Biden administration, according to Mizelle’s memo. The case dismissals came the same week Trump pardoned nearly two dozen protesters convicted under the FACE Act. Mizelle’s memo issued new criteria in an attempt to reduce future applications and potential weaponization of the law.

In what way will FACE Act prosecution be curtailed? DOJ leaders will only allow actions and prosecutions under the FACE Act in extraordinary or egregious circumstances, according to Mizelle’s memo. A majority of prosecutions under the FACE Act have been against pro-life activists, despite attacks on dozens of pro-life organizations in response to the overturning of Roe v. Wade, Mizelle noted.

Rep. Chip Roy, R-Texas, made a similar observation, noting that federal data showed over 95% of cases prosecuted under the FACE Act since its passage were brought against pro-life Americans. Roy revived the legislative push to repeal the act last week, alleging that such action would protect against future administrations abusing the statute.

Dig deeper: Read my report on President Trump’s pardons to pro-life protesters earlier this week.