You may have heard that President Trump is reportedly preparing to pardon a number of pro-lifers currently serving sentences for violating the federal Freedom of Access to Clinic Entrances (FACE) Act. I want to take a moment to explain why Life Legal client and pro-life advocate Herb Geraghty chose not to pursue a presidential pardon. Herb was sentenced to more than two years in federal prison after participating in a 2020 pro-life rescue in Washington, D.C., for allegedly blocking access to an abortion clinic owned by notorious late-term abortionist Cesare Santangelo.
During the rescue, Herb entered the building that houses the abortion clinic to peacefully encourage women to choose life. Initially cited for trespass, Herb was never prosecuted for that charge. However, two years after the event, the U.S. Department of Justice under the Biden-Harris administration brought charges against nine pro-lifers present that day, including Herb. The group faced violations of the FACE Act and conspiring to deprive others of their “right” to abortion under an obscure Civil War-era statute originally enacted to prosecute members of the Ku Klux Klan.
Each of the nine pro-lifers received harsh sentences ranging from 21 to 57 months in federal prison. Herb, a committed pacifist, was struck by an abortion worker during the rescue. Despite this, a D.C. jury determined that Herb’s presence constituted intentional blocking under the FACE Act.
The FACE Act, enacted in 1994, prohibits the use of force or physical obstruction to “intentionally injure, intimidate, or interfere with someone because they are obtaining or providing reproductive health services.” In recent years, courts have expanded the interpretation of FACE to include even minor delays in entering abortion facilities. Life Legal argues that this weaponization of the law unfairly targets peaceful pro-life advocates and disregards their First Amendment rights.
Herb participated in the rescue out of a deep moral conviction to protect the lives of the unborn. The decision to decline a pardon allows for further scrutiny of the unjust application of the FACE Act, which has been distorted to suppress constitutionally protected speech.
Life Legal Defense Foundation attorney John Kiyonaga emphasized the broader implications of the case: “Herb declined to seek a pardon in deference to a desire to seek a reversal of this unjust conviction through appellate review. The decision to forgo a pardon is a bold statement against politically motivated prosecutions that trample on free speech and peaceful protest rights.”
Herb has already served 17 months of an unjust 27-month sentence, enduring separation from family and friends while continuing to advocate for the humanity of unborn children.
The Washington, D.C., case has sparked nationwide conversations about the FACE Act and its chilling effect on free speech and peaceful protest. Life Legal supports Herb’s unwavering commitment to protecting innocent lives and exposing the injustices faced by peaceful pro-life advocates.
We will keep you informed with updates on Herb’s appeal.