On October 11, Rep. Chip Roy, R-TX, chairman of the Judiciary Subcommittee on the Constitution, issued directives to the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and local Washington, D.C., authorities to retain evidence related to the deaths of five late-term aborted babies called the “DC Five.”
In his directives to the DOJ and FBI, he also called on these agencies to retain all records related to the prosecution of pro-life activists in the various FACE Act trials that have placed at least 10 pro-lifers behind bars for peaceful protests at abortion clinics.
Roy’s directives, sent in the form of two letters, seek to ensure that evidence remains available for future congressional investigations into alleged violations of federal law.
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According to reports earlier this year, the DOJ had advised the D.C. Medical Examiner to dispose of the remains of the five late-term aborted babies, which were recovered from the Washington Surgi-Clinic in March 2022. After mounting public pressure from Congress in February, the Medical Examiner agreed to preserve these remains in compliance with Congressional instruction at the time.
Roy’s recent letters have reiterated his previous demand.
“The American people have spoken and it’s time for real accountability,” Roy said in an emailed statement to CatholicVote. “Republicans must take action to prevent radical progressive Democrats and the Biden administration from destroying evidence of the DC Five abortion case.”
He added, “The pursuit of justice relies on fact. Our investigations will be hamstrung from the start if we don’t take action to preserve evidence right now.”
In the letter addressed to Attorney General Merrick Garland, D.C. Mayor Muriel Bowser, and D.C. Chief Medical Examiner Pamela Smith, Roy demanded the preservation of the fetal remains of the “DC Five.”
“Future congressional investigations into potential violations and the sufficiency of existing law will undoubtedly be hampered if these remains and any related evidence are destroyed,” he wrote.
The five preborn children “deserve justice, regardless of which administration is in power,” Roy insisted.
In addition to his request regarding the remains, Roy also directed Garland and FBI Director Christopher Wray to preserve records linked with their agencies’ enforcement of the Freedom of Access to Clinic Entrances (FACE) Act. He cited data suggesting that the Biden-Harris administration has disproportionately applied the FACE Act to target pro-life advocates, potentially as a form of unwarranted retaliation.
Roy instructed the agencies to “preserve all existing and future records and materials relating to FACE Act cases as part of our oversight of the use of this law.” He stressed that the DOJ and the FBI must “take all reasonable steps to prevent the destruction of all documents, communications, and other information, including electronic information, that are or may be responsive to this congressional inquiry.”
In February 2024, Roy and other members of Congress held a press conference at the Capitol urging a thorough investigation into the deaths of the “DC Five” after reports that the DOJ advised the D.C. Medical Examiner to discard the remains rather than conduct autopsies that could reveal violations of federal law. The Congress members called for preservation of remains and autopsies to determine whether abortion provider Cesare Santangelo had committed federal crimes, including infanticide and partial-birth abortion. Roy emphasized Congress’ oversight power in Washington, D.C., decrying the DOJ’s stance as an “absolute atrocity.” Sen. Ted Cruz threatened a full congressional hearing if the remains were discarded. Rep. Andy Biggs (R-AZ) condemned the partial-birth abortion method as a “crime under federal law” and stressed that the bodies “must be preserved” for proper investigation.
The findings from this investigation could, according to Roy and others, support repealing the FACE Act, which pro-life advocates argue has been misused to target peaceful protesters. Roy and Sen. Mike Lee have both introduced legislation to repeal FACE, advocating for Congress to protect pro-life voices and ensure accountability within abortion facilities.
LifeNews Note: Louis Knuffke writes for CatholicVote, where this column originally appeared.
