{"id":330713,"date":"2025-05-05T14:43:34","date_gmt":"2025-05-05T19:43:34","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=330713"},"modified":"2025-05-04T23:34:44","modified_gmt":"2025-05-05T04:34:44","slug":"devised-scheme-pro-lifers-jailed-decade-account","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/devised-scheme-pro-lifers-jailed-decade-account\/","title":{"rendered":"He devised a scheme to get pro-lifers jailed for a decade. Is he now being called to account?"},"content":{"rendered":"
<\/div>

The attorney who devised the strategy behind a series of high-profile prosecutions against pro-life advocates under the Biden administration has been asked to appear before the House Judiciary Committee (HJC).\u00a0<\/span><\/p>\n

According to a recent HJC <\/span>press release<\/span><\/a>, Sanjay Patel is one of eight Department of Justice (DOJ) officials requested \u201cto testify about the DOJ’s misconduct and weaponization during the Biden-Harris Administration.\u201d\u00a0<\/span><\/p>\n

Under the Biden administration, the number of federal prosecutions against pro-life advocates <\/span>skyrocketed<\/span><\/a>, leading many to <\/span>conclude<\/span><\/a> that Biden\u2019s DOJ <\/span>disproportionately and unfairly targeted<\/span><\/a> pro-life Americans.\u00a0<\/span><\/p>\n

Patel played a pivotal role in advancing these <\/span>unprecedented prosecutorial efforts<\/span><\/a>. He resurrected a law 150+ years old that was crafted to combat Ku Klux Klan crimes and used it to exponentially extend prison sentences for non-violent pro-life activists. That law originally sought to curtail civil rights violations against a vulnerable population; ironically, pro-life advocates attempting to achieve the same goal within a different context fell prey to Patel\u2019s scheme to twist the law into a weapon against them.<\/span>
\n<\/span>
\n<\/span>Now, members of the House Judiciary Committee appear to have <\/span>asked<\/span><\/a> Patel to explain his actions.<\/span><\/p>\n

Patel\u2019s Novel Strategy<\/b><\/p>\n

Sanjay Patel<\/span><\/a> has been a federal prosecutor in the criminal section of the DOJ\u2019s Civil Rights Division since January 2011. A <\/span>search<\/span><\/a> of the DOJ\u2019s website suggests that Patel has primarily prosecuted law enforcement officials and pro-lifers during his tenure in that role.\u00a0<\/span><\/p>\n

According to his <\/span>self-penned bio<\/span><\/a>, he has also \u201cserved as the Director of the <\/span>Task Force on Violence Against Reproductive Health Care Providers<\/span><\/a>.\u201d Although the stated aim of the task force is to prosecute incidents of \u201cclinic violence,\u201d its list of <\/span>recent cases<\/span><\/a> includes several in which no actual <\/span>violence<\/span><\/a> occurred.<\/span><\/p>\n

In March 2022, the DOJ\u2019s Journal of Law and Practice published an <\/span>article<\/span><\/a> written by Patel titled \u201cFACE Off with Anti-Abortion Extremism\u2014Criminal Enforcement of 18 U.S.C. \u00a7 248 (FACE Act).\u201d\u00a0<\/span><\/p>\n

The article provides historical context for and a legal explanation of the <\/span>FACE Act<\/span><\/a>, which prohibits the physical obstruction of abortion facilities, pregnancy centers, and places of worship. It also prohibits intentional property damage at those locations and the intimidation of or interference with individuals engaged in obtaining or providing related services or attempting to exercise their religious rights. <\/span>
\n<\/span>
\n<\/span>In the article, Patel outlined a novel strategy for prosecuting pro-lifers who have engaged in activism at abortion facilities. Suggesting that the statutory penalties allowed by the FACE Act are insufficient because \u201cUnless bodily injury or death results, the FACE Act does not have felony penalties,\u201d Patel proposed:<\/span><\/p>\n

Because other applicable statu[t]es may provide stronger penalties, prosecutors should consider charging other federal offenses in addition to FACE Act violations. \u2026<\/span><\/i><\/p>\n

FACE Act violations are often planned and coordinated offenses that involve more than one subject. In those situations, the investigations may reveal evidence that support[s] conspiracy charges in addition to the underlying offense.<\/span><\/i><\/p>\n

Patel further suggested: \u201c\u200b\u200bAlthough criminal conspiracy offenses are usually charged under <\/span>18 U.S.C. \u00a7 371<\/span><\/a>, a conspiracy to commit a FACE Act offense should be charged under <\/span>18 U.S.C. \u00a7 241<\/span><\/a> \u2014 conspiracy against rights.\u201d <\/span><\/p>\n

READ: How Roe\u2019s reversal triggered the Biden-Harris DOJ\u2019s persecution of peaceful pro-lifers<\/em><\/a><\/strong><\/p>\n

Patel argued that \u201cconspiracy against rights\u201d charges are a superior option because they have \u201cthree advantages\u201d over conspiracy charges under section 371:<\/span>
\n<\/span><\/p>\n

First, unlike a section 371 conspiracy, <\/span><\/i>a section 241 conspiracy conviction is always a felony, even when the underlying substantive violation would be a misdemeanor.<\/i><\/b> Second, section 241 violations are punishable by up to 10 years\u2019 imprisonment; or up to life or the death penalty, if certain aggravators apply. And third, under section 241, <\/span><\/i>the government is not required to prove an overt act or substantial step in furtherance of the agreement <\/i><\/b>[emphases added]<\/span>.<\/span><\/i><\/p>\n

In other words, Patel advocated for applying \u201cconspiracy against rights\u201d charges because they facilitate more extreme penalties for pro-life activism than what the FACE Act intended and because no action by the accused is necessary to prove a conspiracy\u2014all that need be proven is that the \u201cconspirators\u201d engaged in the same thoughtcrime.<\/span><\/p>\n

\u201cConspiracy Against Rights\u201d: Background, Context, and Timeline<\/b><\/p>\n

Section 241 <\/span>originates<\/span><\/a> from the <\/span>Enforcement Act of 1870<\/span><\/a>, which was a response to the Ku Klux Klan\u2019s efforts \u2014 including murder \u2014 to <\/span>prevent<\/span><\/a> Black Americans from exercising their civil rights during the <\/span>Reconstruction<\/span><\/a> era.<\/span><\/p>\n

Patel not only crafted the strategy to apply the 150-year-old law to thwart modern efforts to achieve the same goal \u2014 namely, protecting the civil rights of a vulnerable population routinely targeted for murder \u2014 but he also personally prosecuted many of the pro-lifers pursued by Biden\u2019s DOJ.<\/span><\/p>\n

Those cases were not prosecuted in a civic vacuum. The timeline of events suggests the string of FACE charges filed by Biden\u2019s DOJ \u2014 particularly those paired with \u201cconspiracy against rights\u201d \u2014 was a <\/span>direct response<\/span><\/a> to the fall of <\/span>Roe v. Wade<\/span><\/i>.<\/span><\/p>\n

On December 1, 2021, the Supreme Court heard <\/span>oral arguments<\/span><\/a> in <\/span>Dobbs v. Jackson Women\u2019s Health Organization<\/span><\/i>, which ultimately overturned <\/span>Roe<\/span><\/i>. As early as that day, statements made during oral arguments led many journalists and SCOTUS pundits to <\/span>conclude<\/span><\/a> that the Court seemed inclined to overturn <\/span>Roe<\/span><\/i>.<\/span><\/p>\n

On March 30, 2022 \u2014 just shy of four months later \u2014 nine pro-life advocates were <\/span>indicted<\/span><\/a> on conspiracy against rights and FACE Act charges for <\/span>activism<\/span><\/a> that took place in October 2020. Another <\/span>individual<\/span><\/a> was later <\/span>indicted<\/span><\/a> on the same charges in relation to the same incident.<\/span><\/p>\n

This was the first time pro-life advocates had ever<\/em> been charged with \u201cconspiracy against rights.\u201d<\/span><\/p>\n

On May 2, 2022, a <\/span>draft<\/span><\/a> of the <\/span>Dobbs <\/span><\/i>decision<\/span> indicating the Court would overturn <\/span>Roe<\/span><\/i> was leaked to <\/span>Politico<\/span><\/a>. On June 24, the decision was <\/span>officially handed down<\/span><\/a>.<\/span><\/p>\n

On September 23, 2022, just three months later, <\/span>Mark Houck<\/span><\/a> was <\/span>indicted<\/span><\/a> on FACE charges for an incident that occurred almost a year beforehand, in October 2021.\u00a0<\/span><\/p>\n

On September 29, 2022, Christopher Moscinski, better known as <\/span>Father Fidelis<\/span><\/a>, was <\/span>indicted<\/span><\/a> on FACE charges for actions undertaken in July.\u00a0<\/span><\/p>\n

On October 5, 2022, 11 pro-lifers were <\/span>indicted<\/span><\/a> on FACE and conspiracy against rights charges stemming from <\/span>activism<\/span><\/a> conducted in March 2021.\u00a0<\/span><\/p>\n

On December 16, 2022, two pro-lifers were <\/span>indicted<\/span><\/a> both for violating and conspiring to violate the FACE Act following <\/span>activism<\/span><\/a> conducted 2.5 years earlier<\/em>, in June 2020.\u00a0<\/span><\/p>\n

And in February 2023, eight pro-lifers were <\/span>indicted<\/span><\/a> on FACE and conspiracy against rights charges for <\/span>activism<\/span><\/a> which also took place 2.5 years prior, in August 2020.<\/span><\/p>\n

False Definitions and Farcical \u201cJustice\u201d<\/b><\/p>\n

Patel personally prosecuted 10 of these pro-lifers. His name appears on the indictments for an additional 12. Almost all of those charged with FACE violations by Biden\u2019s DOJ were convicted; <\/span>some<\/span><\/a> were <\/span>sentenced<\/span><\/a> to spend <\/span>multiple years<\/span><\/a> in federal prison.<\/span><\/p>\n

The fact that these individuals were not federally charged for their alleged crimes until months and even years after the fact\u2014not until <\/span>Roe<\/span><\/i> was either clearly threatened or officially overturned\u2014is noteworthy.\u00a0<\/span><\/p>\n

Attorney Aaron Mysliwiec, who represented two FACE defendants, <\/span>observed<\/span><\/a>: \u201cIt seems clear from the tea leaves that \u2026 [the] DOJ decided in the wake of <\/span>Dobbs<\/span><\/i> to search out and prosecute a number of cases that they thought were FACE Act violations, whereas before <\/span>Dobbs<\/span><\/i>, they didn\u2019t view them as serious enough to prosecute.\u201d\u00a0<\/span><\/p>\n

Ironically, none of the cases in which a \u201cconspiracy against rights\u201d was alleged were tried until <\/span>after<\/span><\/i> the Supreme Court had corrected <\/span>Roe<\/span><\/i>, which manufactured the false \u201cright\u201d to abortion.\u00a0<\/span><\/p>\n

But just as <\/span>stretching the definition<\/span><\/a> of \u201cviolence\u201d to encompass non-violence and unjustly punish pro-lifers has been a hallmark of Patel\u2019s career, he has also predicated many of his attacks against pro-lifers upon an <\/span>erroneous definition of what constitutes a \u201cright.\u201d<\/span><\/a><\/p>\n

It would appear that the tide is turning, however. Those who were convicted of FACE violations and \u201cconspiracy against rights\u201d by Biden\u2019s DOJ have been subsequently <\/span>pardoned<\/span><\/a> by President Trump. But as the president himself said, they should never have been prosecuted in the first place.\u00a0<\/span><\/p>\n

Congress has already <\/span>taken steps<\/span><\/a> to <\/span>investigate<\/span><\/a> why these events occurred and to prevent future recurrence. The latest of these efforts is the request for testimony from the main actors responsible for promulgating this injustice \u2014 including Sanjay Patel.<\/span><\/p>\n

How he might attempt to explain his actions remains to be seen.<\/span><\/p>\n

\"\"<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The attorney who devised the strategy behind a series of high-profile prosecutions against pro-life advocates under the Biden administration has been asked to appear before the House Judiciary Committee (HJC).\u00a0 According to a recent HJC press release, Sanjay Patel is one of eight Department of Justice (DOJ) officials requested \u201cto testify about the DOJ’s misconduct […]<\/p>\n","protected":false},"author":788,"featured_media":330714,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false},"categories":[11],"tags":[],"yoast_head":"\nHe devised a scheme to get pro-lifers jailed for a decade. 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