Court dismisses FACE case, suspects DOJ of set-up
Quick backdrop from Our Sunday Visitor:
Passed in 1994 as a way to limit violence outside abortion clinics, the FACE [Freedom of Access to Clinics] Act has been used with greater frequency in recent years.
Since the start of President Barack Obama’s administration in 2009, the Justice Department has filed eight cases under the FACE Act, a sharp increase from the one case filed during the previous eight years.
Mary Susan Pine was one of those eight.
In August 2010 U.S. Attorney General Eric Holder filed a civil suit against Pine, accusing her of violating the FACE Act.
And on January 13, 2012, the U.S. District Court for the Southern District of Florida dismissed the case – with some interesting observations.
Pine is a post-abortive mother who has conducted sidewalk counseling at the Presidential Women’s Center in West Palm Beach, Florida, since 2001.
Pine stands at the marked exit of the mill, because the entrance is only accessible by a private road. Pine hopes to reach abortion-minded mothers who are coming in the wrong way, or perhaps service vehicles. Pine seeks to educate whoever she comes in contact with through conversation and pamphlets.
The court document states, “It is undisputed that Ms. Pine has never used obscenities or physical threats.” But she is obviously an aggravant to the mill.
On November 29, 2009, Pine was conducting sidewalk counseling as usual, coincidentally and poignantly on the anniversary of the day she had her abortion.
For an unstated reason West Palm Beach Police Officer Sanjay Raja “had positioned himself so that he could observe Ms. Pine,” according to the court document.
Raja thought he saw Pine force an incoming vehicle to stop by standing in front of it. The driver rolled down the window, and Pine handed he and his female passenger information and engaged them in conversation.
Raja approached them and told the driver to move along because he was impeding traffic. Raja never interviewed the driver, nor did he take down the license number of the vehicle.
The court document then states: “The day after the incident… representatives from the Department of Justice met with the PWC staff, Officer Raja, and another police officer to discuss the incident and determine whether Ms. Pine was in violation of FACE” and obviously decided to move forward. But meanwhile PWC destroyed any surveillance video of the incident.
In other words, the DOJ decided to prosecute Pine with no evidence.
This entire scenario not only sounded fishy to me, it sounded fishy to the court, which wrote in its opinion:
It is rather curious that the Department of Justice was able to meet with the PWC staff and police officers the very next day after the alleged violation occurred. It is also curious that the Government failed to make any efforts to obtain the identities of the passengers who are the alleged victims in this case – the Court finds it hard to believe that the Government was completely unaware of the existence of the sign-in sheets and video surveillance system.
The Court can only wonder whether this action was the product of a concerted effort between the Government and the PWC, which began well before the date of the incident at issue, to quell Ms. Pine’s activities rather than to vindicate the rights of those allegedly aggrieved by Ms. Pine’s conduct. If this is the case, the Court would be inclined to sanction the Government with, at a minimum, an adverse inference. Given the absence of further evidence substantiating the Court’s suspicions, the Court is not authorized to do so.
In dismissing the case the Court added it was “at a loss as to why the Government chose to prosecute this particular case in the first place.”
I’m not. I expect in years to come it will be revealed that the Obama DOJ sent letters to abortion clinics around the country soon after he came to office, inviting them to provide names of problem pro-lifers so it could attempt to intimidate them and chill their First Amendment rights.
Pro-lifers thank Liberty Counsel for representing Mary. And we also honor Mary for being one of those who bear the brunt of pro-abortion harassment.

I am not surprised at all. What does surprise me is the number of Obama supporters who, when provided information about things like this, refuse to believe that these stories are anything but lies made up by FoxNews. I just pray that people will wake up to the Truth by November.
Thank you Mary for all your work and for enduring such an ordeal.
I wonder when Mr. Eric Holder is going to be fired and his corrupt Department of (in)Justice restructured.
After all they have already had two strikes by covering up the Black Panther poll intimidation case and the “Fast & Furious” weapons to drug cartels deal.
Are we waiting for the third “strike”?
Go Mary!
Years from now, when all is said and done , I think we’ll all be shocked at what really went on behind closed doors in every aspect of this administration.
Eric Holder’s aggregiousness is just an appetizer.
What a slap down! The arrogance of this administration and its so-called “Justice” department is stunning. Going after peaceful citizens is just another example of their abuse of power. Oh yes, Obama lovers (including the trolls here) do not care about little things like administration hacks abusing their prosecutorial powers and using the people’s money to prosecute innocent and peaceful citizens. But the rule of law, which choicers are adamant about when it comes to anything promoting abortion, is a two edged sword that also protects pro-lifers. At least in this instance the court upheld the rights of the innocent pro-lifer–but this is an ongoing struggle.
Come November the good people of our country will throw the imposter out, along with his scores of czars and anti-life Attorney General.
Richard – Holder will be fired if and when his boss is fired by the voters. And if Holder by chance does get fired, and his boss stays in office, nothing will really change anyway. If Mengele or Eichmann had been fired, I doubt it would have changed the plans of their boss.
Bryan, I agree with you 100 %. I am counting the days to November 2012.
I am just shocked of how Eric Holder and his Department of (In)justice can get away with all these abuses without even a slap on their hands!!! Have we become so blind?
You can’t be serious! Not Eric Holder, ever the bastion of integrity and honesty!
Hi Bryan and Richard,
The Obama regime has the nation’s so called media and journalists, and I use the terms loosely, as its personal stenography team. So long as this remains the case, and there’s no reason to think it won’t, nothing is going to change.
We also have Republicans who forget why they won the 2010 elections and don’t realize that winners don’t compromise. Thank heaven such great generals as Patton and Eisenhower didn’t wonder how they could best compromise with the Germans.
I mean, wasn’t Tom Brokaw treating Obama’s inaugaration like it was the Second Coming? Why, even the sea gulls, AKA flying rats, were in awe! No stupid, they were eyeballing the garbage they could feast on.
I’m always struck by one bit of dramatic irony in cases like these.
We get outraged when people like Mary Susan Pine are denied their rights to free speech. At worst, people like Ms. Pine are given fines and prison sentences. And often, as is the case here, they win in court.
Well, compared to what happens to unborn babies, that seems like a pretty good deal. They are denied the right to life, are given not fines and prison sentences but death, and never have their rights vindicated in the courts. How fortunate the unborn would be if they were even given the treatment that the Obama administration affords Ms. Pine!
Kudos to the U.S. District Court for the Southern District of Florida!
Mary said “the Obama regime has the nation’s so called media and journalists, and I use the terms loosely, as its personal stenography team”. I love that! Very well said!
Could a solution be to turn off the TV for a while? Maybe people will then wake up from their trance.
I have done just that in these days. It’s refreshing, when you take out of the picture the media that keeps on pushing a reapeating who is their GOP candidate who can beat Obama.
These are the same media and journalists who adore Obama. Do you trust them? I don’t!
Way to go Mary!!.
What an abuse of the legal system. This is so like those on the lefts, to abuse the justice system. These people have no concept of right and wrong….they only understand how to bully because they believe that bullying is all there is for people who disagree to do.
Hi Richard, 11:29am
Thank you for the compliment.
I only wish it was so simple as to shut out the lame brain media. So long as Obama has this legion of loyal lapdogs, he’s set.
Loyal “lapdogs” is even a better description of the Obama-loving media.
I am thinking now of the “I felt a thrill going up my leg” when Obama speaks-Chris Matthews.
Great news!!! Department of Justice Drops Appeal and Pays Pro-life Sidewalk Counselor $120,000 for an ‘improper lawsuit’ - http://www.lc.org/index.cfm?PID=14100&PRID=1172
Amazing!!! Thanks be to God!
Well, that’s one slap-down of tyranny, and cause for a round of huzzahs. If only it were the last instance of tyranny out there.
I never realized how libertarian this conservative was until Obama’s machinations began.