The pro-life organization 40 Days for Life has formed a quick response task force — 40 Days for Life Legal — to handle the increasing number of interview requests the organization is receiving from both federal and local law enforcement around the nation. The group is asking all participants who receive such a request to contact this new internal legal team.
Following the Supreme Court’s May 2021 announcement that it would hear the case of Dobbs v. Jackson Women’s Health Organization, 40 Days for Life, which hosts peaceful prayer gatherings outside abortion facilities, has faced a growing interest from law enforcement regarding its pro-life work.
An increase in violence against pro-lifers
FBI Director Christopher Wray told the Senate Homeland Security Committee that about 70% of abortion-related violence and threats since the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization in June have been perpetrated against pro-life groups.
“About 3 years ago we began to see — and especially ramping up when the Dobbs decision was accepted by the Supreme Court, and when it was accepted by Texas — that violence against 40 Days for Life and pro-lifers began to escalate,” Matt Britton, legal counsel for 40 Days for Life, told Live Action News. “Contrary to what is being said in the news, we never have anybody charged with anything or had any act of violence committed in any way, shape, or form until Mark Houck — which wasn’t even about abortion.”
Houck, a 40 Days for Life participant, was at home in the early morning with his wife and seven children, when 15-20 law enforcement agents including five to six FBI agents in tactical gear arrived and reportedly banged on the front door. In an exclusive interview with Live Action founder and president Lila Rose, Houck explained that when he opened the door, officers had several guns pointed at him. His children were traumatized, and Houck was eventually taken into custody for violating the federal Freedom of Access to Clinic Entrances (FACE) Act. The entire case centered around Houck’s attempt to stop an abortion clinic escort from harassing his son. The case had already been dismissed in April 2022 by local authorities when the federal agents arrived at Houck’s home in September. In January, Houck was acquitted of all charges.
But Houck has not been the only pro-lifer involved in 40 Days for Life to receive an interview request from the FBI and/or local law enforcement.
Law enforcement questions about pro-life gatherings climb after Roe’s reversal
Even before the draft ruling in Dobbs v. Jackson Women’s Health Organization was leaked, said Britton, the group’s leaders and participants began to see an uptick in the number of requests. Since Roe v. Wade fell in June, that number has continued to climb, doubling from the fall 2022 campaign to the current Lent 2023 campaign, with a request from law enforcement now coming in at least once a week.
“About the time of Mark’s arrest, we began to learn that the Department of Justice had started a reproductive rights task force, and the Virginia attorney general letter to the special agent in charge was leaked stating that they are targeting pro-life groups,” said Britton. “So now Biden and his minions have made no bones about it. They believe abortion is a human right and they are targeting pro-lifers.”
In order to combat any attempted legal attacks against 40 Days for Life members, the organization is instructing its leaders to reach out to the legal team for assistance when they receive a letter from law enforcement inquiring about their pro-life work.
Britton explained, “What happens is we are getting a lot, many dozens of requests across the country to speak to, usually the FBI, about either our activities and/or the pro-life activities in general: ‘Hey, what do you do out here? Why do you do it?’ and about violence committed by pro-lifers and against pro-lifers. And this has happened across the country.”
These inquiries are usually the result of a direct complaint that has been filed by a Planned Parenthood affiliate or an independent abortion business where 40 Days for Life is holding a vigil, said Britton.
‘Everyone who participates signs a statement of peace’
Each request is different. Sometimes an agent or analyst wants to meet the 40 Days team members for coffee. Sometimes they request a zoom meeting. On some occasions, an FBI agent shows up at the vigil and begins interviewing people there. Sometimes the request is concerning violence against pro-lifers, said Britton, or sometimes it can be “just trickery.”
On occasion, Britton advises a pro-lifer not to participate in the request. Sometimes he advises them to participate with legal counsel present. Britton advises 40 Days for Life volunteers not to reply to such requests without speaking to the legal team, who will verify that this is indeed a lawful request, who authorized the request, what the investigation is about, and whether or not there is a pro-lifer being targeted or if a crime has allegedly been committed.
As a former elected District Attorney, Britton knows the questions to ask. “The agent doesn’t just wake up in the morning and decide to stop by,” he said. “There must be an effort or someone who authorized the investigation.”
Britton thinks that while other pro-life groups are also having similar requests, that law enforcement looks to 40 Days for Life most often because of its size and visible presence – praying at least 80 days per year in about 1,500 locations across America and the globe. “It is easy to find a 40 Days for Life vigil because our witness is public prayer and we are holding signs and wearing hats and shirts that say ’40 Days for Life = Pray to End Abortion’.”
40 Days for Life holds vigils throughout the year, around the world. The current Lent 2023 campaign is ongoing until April 2 and has saved 248 babies since its launch day on February 22. Nearly 23,000 babies have been saved, 247 abortion workers have quit, and 136 abortion businesses have closed since the organization first launched in 2007.
Pro-lifers are being described as domestic terrorists, anti-women, and anti-health care, explained Britton. But 40 Days for Life’s mission is “prayerful, fasting, peaceful, and law-abiding,” he said. “Everyone who participates signs a statement of peace stating that they will obey all laws while taking part in vigils outside of an abortion business.”
Britton added, “We don’t trespass. We don’t block the street. We don’t take pictures of cars or women going in and out. We don’t use graphic images. We’re making every effort to be lawful. We don’t do sit-ins. We don’t stalk or follow abortionists around. We pray and fast.”
The organization’s mission of peaceful prayer and fasting has proven effective. “[Abortion] appointments go down up to 75% when there’s someone praying on the street [in front of an abortion business],” said Britton. “So [the abortion clinics] don’t want us out there because it’s bad for business.”
