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Notes -
The Trump DoJ has released a summary of FACE Act prosecutions and their tactics during the Biden administration.
There's some subtle stuff, here:
And probably a lot of other stuff I'm missing from speedreading or because I don't care much about abortion law. But most of it's pretty unsurprising to long-time critics. The DoJ and FBI lied to Congress? Oh, somebody go better tell Louis Freeh that they're stepping on his copyright.
A more... enraging behavior is that the Biden administration had the specific information comparing pro-abortion and anti-abortion FACE prosecutions, provided it to pro-abortion groups proactively, and did not provide it to anti-abortion individuals who requested it for their criminal defenses (or, separately, a sitting congressman), even as trial deadlines against the DOJ closed in. The DoJ pointed to FOIA request options, and as far as I can tell didn't actually fulfill those FOIA requests when they came in. That chart is pretty damning, now that we can actually see it... and it still probably wouldn't have been enough to bring a selective prosecution defense successfully, and it's kinda messy how Brady attaches to selective prosecution defenses and this part of a trial and where the right hand can pretend the left doesn't know what's going on.
It's still worth remembering that it's the room temperature.
There's some morbidly funny turnabout is fair play stuff going on right now (afaik, the Trump admin policy hasn't even been stayed/enjoined/tro'd/mandamus/boesburg'd yet!). There's probably a deeper dive that could be drawn into a top-level post.
But the simple answer is this. There is undoubtedly some salami-slicing, here. Nevertheless, there is also clear evidence of the Biden administration requested, and getting, severe sentences for anti-abortion nonviolent protesters, even where the bad conduct had already been punished under state law, while requesting minimal or less-than-minimal sentences for pro-abortion protesters. Worse, the three pro-abortion cases were only initiated well after the discrepancy in prosecution had become well-known, and seem to have been farmed solely to pretend equal coverage.
You may notice that there is no religious prosecutions column. That's not because everybody forgot to ask about it. They did ask, and they got zero.
There is no mention of Noata.
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