DOJ Report: Biden Administration Sought Double the Prison Time for Pro-Life vs. Pro-Choice FACE Act Defendants

The Justice Department released a report on April 14 alleging that Biden-era prosecutors systematically applied the Freedom of Access to Clinic Entrances Act more aggressively against pro-life defendants than pro-choice ones, based on a review of approximately 700,000 internal DOJ records.

The central finding: Biden DOJ prosecutors requested an average sentence of 26.8 months for pro-life defendants compared to 12.3 months for pro-choice defendants -- more than double.

What the Report Found

The 92-page report, accompanied by over 800 pages of exhibits, was produced by DOJ's Weaponization Working Group. Its findings fall into several categories:

Coordination with advocacy groups. The report alleges that career DOJ attorneys coordinated closely with the National Abortion Federation, Planned Parenthood, and Feminist Majority Foundation -- sharing internal information, soliciting enforcement targets, and accepting dossiers from these organizations that led to search warrants and criminal charges. DOJ prosecutors asked these groups about pro-life individuals' travel plans and constitutionally protected advocacy activities.

Sentencing disparity. Beyond the 26.8-vs-12.3-month gap in recommended sentences, the report alleges prosecutors sought more aggressive treatment of pro-life defendants across the board while downplaying or ignoring vandalism and attacks against pregnancy resource centers -- despite the FACE Act being written to protect both abortion clinics and crisis pregnancy centers symmetrically.

Prosecutorial conduct. The report alleges prosecutors withheld evidence that defense counsel had requested, attempted to screen jurors based on religious beliefs, authorized aggressive arrest operations rather than allowing defendants to self-surrender, and monitored pro-life activists for years before bringing charges.

Conflict of interest. The lead prosecutor on FACE Act cases served as a reference on the National Abortion Federation's application for a private grant, with no record of ethics approval for taking a financial interest in a party with business before the DOJ.

What the DOJ Did

Acting Attorney General Todd Blanche approved a limited waiver of privilege to make the underlying materials public. The DOJ announced several corrective actions:

• President Trump issued full pardons for pro-life defendants convicted under the Biden DOJ's FACE Act prosecutions (January 23, 2025)
• DOJ dismissed three civil FACE Act lawsuits against pro-life activists with prejudice
• DOJ settled remaining civil cases and took unspecified personnel action
• A new directive requires that future FACE Act prosecutions may only be brought in "extraordinary circumstances" or cases with "significant aggravating factors"

The FACE Act

The Freedom of Access to Clinic Entrances Act, signed into law by President Clinton in 1994, makes it a federal crime to use force, threat of force, or physical obstruction to interfere with anyone obtaining or providing reproductive health services. It applies equally to abortion clinics and pregnancy resource centers.

The law became a flashpoint after the Supreme Court's Dobbs decision in 2022, which overturned Roe v. Wade. Pro-life groups alleged the Biden DOJ used the FACE Act as a tool of selective prosecution; abortion-rights groups maintained the prosecutions were warranted responses to escalating clinic blockades and threats.

Context

The report is the latest action by the Trump DOJ to investigate its predecessor's enforcement decisions. Acting AG Blanche has previously stated that the president has a "right" and "duty" to direct DOJ investigations.

The 700,000-record review and public release of exhibits is unusual -- DOJ internal enforcement reviews rarely result in the publication of underlying prosecutorial communications. The report's release was accompanied by the full PDF and exhibits.