Federal judge denies release of convicted pro-life protesters.
A Federal Judge Denies Pro-Life Campaigner’s Motion for Release
A federal judge has denied pro-life campaigner Lauren Handy’s motion to be released from jail pending her sentencing hearing. The judge referred to the protest action at an abortion clinic, for which Handy was convicted, as a “crime of violence.”
Handy, along with her four co-defendants, was convicted by a jury on August 29 of conspiring to obstruct access to an abortion clinic in Washington. They have been incarcerated until their sentencing, which could be months away. Each defendant faces up to 11 years in prison, three years of supervised release, and a fine of up to $350,000.
Handy is currently being held at the William G. Truesdale Adult Detention Center in Alexandria, Virginia, according to court documents.
Judge Kollar-Kotelly denied Handy’s emergency motion on August 31, stating that the jury found each defendant guilty of using force and physical obstruction to prevent access to reproductive health services at the clinic. This led to the conclusion that they had committed a “crime of violence” under the law.
Handy’s attorneys argued that the Freedom of Access to Clinic Entrances Act (FACE Act) is not categorically a crime of violence, as it can be violated through nonviolent means. However, the judge determined that the FACE Act includes offenses that involve violence against person or property, and since the jury convicted each defendant on a sub-offense exclusively criminalizing violence, the emergency motion was denied.
Handy’s attorneys have filed a notice of appeal with the U.S. Court of Appeals for the District of Columbia Circuit.
‘Conspiracy Against Rights’
In this case, the defendants were convicted of “conspiracy against rights” and conspiracy under the FACE Act. The FACE Act has faced criticism from federal lawmakers, who argue that it is selectively enforced against pro-life activists. Critics also question the “conspiracy against rights” charge, as the Supreme Court has determined that there is no constitutional right to an abortion.
The defendants were indicted in 2022 for conspiring to obstruct access to the Washington Surgi-Clinic, which provides abortions. The indictment states that their purpose was to create a blockade to stop the clinic from providing reproductive health services.
Some in the pro-life movement refer to this direct-action tactic as a “rescue” because it may save an unborn human’s life.
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