The Justice Department has released an internal report accusing the Biden administration of weaponizing federal law against pro-life activists, coordinating with abortion-rights groups to track and prosecute them while treating similar conduct on the other side far more lightly.
The review runs nearly 900 pages and draws from more than 700,000 internal records. It concludes that federal prosecutors pursued pro-life defendants more aggressively, relied on outside activist groups to build cases, and in some instances withheld evidence from defense attorneys.
According to the report, prosecutors worked directly with abortion-rights organizations, including the National Abortion Federation, Planned Parenthood, and the Feminist Majority Foundation, to identify and track activists before charges were filed. Those groups provided real-time alerts about protests, social media posts, and travel movements across state lines, with information feeding into search warrants and prosecutions.
Those efforts went further than general monitoring. In one instance, an abortion-rights group compiled a 137-page dossier ahead of an anti-abortion event that included attendees’ schedules, lodging details, home addresses, photographs of family members, and driver’s license numbers.
The report states prosecutors crossed a line in how those cases were handled.
Prosecutors knowingly withheld evidence that defense counsel requested to prepare an affirmative defense.
In at least one case, a DOJ official told defense counsel he did not keep the requested records and would not provide them. The report found that statement was false. The same official had already shared substantially identical information with the National Abortion Federation.
Internal communications also show prosecutors discussing how to screen jurors based on religion, using indirect questions about family background or schooling to surface faith. Draft materials flagged Christian jurors for removal. In other exchanges, prosecutors described pro-life Christian views as “culty” and complained about being assigned what they called “a very Catholic magistrate” who insisted on protecting defendants’ First Amendment rights.
The clearest divide appears in sentencing.
The report says prosecutors sought an average of 26.8 months in prison for pro-life defendants compared to 12.3 months for those accused of attacks on pro-life organizations.
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That gap sits alongside a broader enforcement pattern. Cases involving abortion clinics were pursued aggressively, while attacks on pregnancy resource centers and churches were brought far less often.
One case highlighted in the report drew national attention. Pro-life activist Mark Houck, a Catholic father of seven, was arrested at his home in rural Pennsylvania by 16 armed FBI agents, some carrying long guns, despite an option for him to self-surrender. Internal emails show the lead prosecutor pushed for the indictment despite colleagues raising concerns and acknowledging litigation risks. Houck was acquitted by a federal jury in January 2023, and the DOJ later settled a civil claim related to the arrest.
The findings have already triggered changes inside the department.
Three civil cases have been dismissed with prejudice. New limits now restrict FACE Act prosecutions to extraordinary circumstances involving significant aggravating factors. The lead prosecutor on those cases, Sanjay Patel, was fired along with three others tied to Biden-era enforcement. President Trump also issued pardons for 23 pro-life activists convicted under the prior administration. Internal referrals have been made for possible criminal review or professional discipline.
“This Department will not tolerate a two-tiered system of justice,” Acting Attorney General Todd Blanche said.
The report puts a clear specific on the record: Federal law was applied unevenly, with one side facing heavier charges, longer sentences, and more aggressive tactics.
If that finding holds, it is not a narrow dispute over one statute. It is a direct challenge to the credibility of how federal power was used.
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