But while the Constitution is meant to forbid the likes of selective prosecution, the very practice seems to be occurring through the Biden administration’s Justice Department under the leadership of Merrick Garland through the clearly selective prosecutions being brought forward under alleged violations of the FACE Act.
In the 1996 Supreme Court decision regarding United States v. Armstrong, Chief Justice William H. Rehnquist noted in his ruling the circumstances when a prosecution, or prosecutions, rise to the level of selective prosecution.
“Of course, a prosecutor’s discretion is ‘subject to constitutional constraints.’…One of these constraints, imposed by the equal protection component of the Due Process Clause of the Fifth Amendment…is that the decision whether to prosecute may not be based on ‘an unjustifiable standard such as race, religion, or other arbitrary classification,’…A defendant may demonstrate that the administration of a criminal law is ‘directed so exclusively against a particular class of persons…with a mind so unequal and oppressive’ that the system of prosecution amounts to ‘a practical denial’ of equal protection of the law.”
The mentioning of “arbitrary classification” in Justice Rehnquist’s ruling on when someone has fallen victim of selective prosecution is the core element supporting the argument that Biden’s Justice Department is engaged in unconstitutional conduct through their application of the FACE Act, as the Justice Department (especially in recent times) has only partially enforced the FACE Act which has led to predominantly pro-life individuals being federally prosecuted.
The Freedom of Access to Clinic Entrances (FACE) Act was brought to life under the Clinton administration back in 1994, which the federal law was meant to help affirm certain protections for two specific types of entities: houses of worship and facilities offering “reproductive health services.”
According to the legislative text, the FACE Act prohibits persons who “by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person,” who is either “obtaining or providing reproductive health services” or “lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship.”
The FACE Act also comes into play when a person or persons “intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship.”
Additionally, those facilities deemed as “reproductive health services” aren’t exclusive to abortion providers, but also extend to what some refer to as pregnancy care centers, which said facilities help women navigate alternatives to abortion while also providing vital care and services for new or expecting mothers.
Yet, one would be hard pressed to cite a recent instance where anyone was federally prosecuted via the FACE Act when the targets and/or victims involved were either houses of worship or a pregnancy care center.
In fact, despite the severe uptick in clear FACE Act violations against houses of worship and pregnancy care centers, the FBI wont comment as to whether they’ve arrested a single person since Biden took office when violations of the FACE Act pertained to churches or pregnancy care centers.
But performing a cursory review of the Biden administration’s Justice Department’s press releases on actions taken against alleged FACE Act offenders demonstrates a pattern of behavior that the administration is only targeting people accused of infringing upon the abortion clinic elements of the law.
In February of 2022, the Justice Department brought a five-count indictment alleging FACE Act violations against a 53-year-old man who allegedly shot a BB gun at a California Planned Parenthood clinic on “multiple occasions in 2020 and 2021,” which resulted in no one being injured.
In March of 2022, Biden’s Justice Department charged nine people for allegedly blocking the doors of an abortion clinic in Washington, D.C., back in October of 2020, noting the nine people “face up to a maximum of 11 years in prison” for allegedly being engaged in a “conspiracy against rights and a FACE Act offense.”
In September of 2022, a man was charged with FACE Act violations for allegedly placing “several padlocks and bicycle locks to the gated entrance” of a Planned Parenthood in Hempstead, New York, this past July, where the man later laid himself “in front of the gate” after the padlocks were cut.
In a previous report featured here on Red Voice Media, the FBI conducted a full-blown armed-raid of a pro-life man’s home this past September for reportedly shoving a pro-abortion activist outside of an abortion mill in in Pennsylvania who’d been accosting the pro-life man’s 12-year-old son.
The most recent affront of the Justice Department’s one-sided enforcement of the FACE Act took place on October 5th, where eleven people were charged for allegedly blocking the entrance of an abortion clinic in Mount Juliet, Tennessee, in March of 2021.
The bias within the Justice Department is as clear as day when reviewing some of the publicly available documents and additional press releases relating the to FACE Act and announced intentions of affording special attention to abortion mills.
For instance, in the Justice Department’s Task Force on Violence Against Health Care Providers section of their website, there is a synopsis provided for the FACE Act – but the Justice Department’s synopsis completely omits the portion of the federal law protecting churches.
And while not mentioning the FACE Act specifically, the Biden administration’s Justice Department made it crystal clear in June of 2022 that they’re going to be crusading for abortions in the wake of the Supreme Court overturning Roe v. Wade, with A.G. Garland issuing a public statement at the time saying how the Justice Department “strongly disagrees with the Court’s decision.”
“The Justice Department strongly disagrees with the Court’s decision. This decision deals a devastating blow to reproductive freedom in the United States. It will have an immediate and irreversible impact on the lives of people across the country.”
On July 12th of 2022, roughly three weeks after A.G. Garland claimed the Justice Department doesn’t see eye to eye with the Supreme Court, the Justice Department announced the creation of the Reproductive Rights Task Force. The objective of the Justice Department’s then-newly announced outfit was simple: protect abortions and monitor those who are opposed to it.
As mentioned earlier, there have been dozens of churches and pro-life pregnancy centers that have been targeted with threats, actual attacks and fire bombings, and even simple cases where pro-abortion activists blocked entryways – all of these occurring within a span of a few months in 2022.
But despite these clear violations of the FACE Act, there doesn’t seem to be a single case that can be found where the Justice Department under the Biden administration has pursued legal action against these malefactors who’ve targeted churches and pro-life pregnancy centers.
It’s almost as if Biden and A.G. Garland are intentionally opting to not apply the FACE Act against miscreants among the pro-abortion population, because it’s blatantly obvious that the Justice Department has zero issue bringing the federal charge against alleged offenders on the pro-life side of the aisle.
This is the definition of selective prosecution, and the current administration is flagrantly violating the Constitution with impunity.