Pro-Life Activist Paul Vaughn joins us to talk about his recent conviction for violating the FACE Act, and how he and others in the pro-life movement are trained to de-escalate situations like this.
00:00:00.000Sitting here with Paul Vaughn, who is a pro-life activist who was recently arrested, charged, and convicted by the Biden administration of violations of something called the FACE Act.
00:00:12.200And we're going to get into all of that, including what the FACE Act is.
00:00:16.020But first, Paul, thanks for joining us.
00:00:59.820And so let's just begin by kind of setting the stage.
00:01:05.420What was the protest? What happened that day?
00:01:07.960And also, what was your specific involvement?
00:01:10.880Sure. Well, I'm president of a person at Tennessee, and so we're a life advocacy organization that deals a lot with pro-life ministry,
00:01:19.660but also all facets of life, you know, across humanity, across every stage of life.
00:01:24.380Part of our ministry is a sidewalk counseling out of abortion clinics.
00:01:28.620So we would go out and offer literature and help to young ladies, you know, in a situation where they might need an abortion or think they need an abortion and try to help them.
00:01:38.900So on the day in question, that's what we were doing.
00:01:41.640And care for them is a little bit different, that it's not accessible outside.
00:01:44.700It's in a public building, a multi-clinic building.
00:01:48.020So we were in the hallways, the public hallways that day, offering help to moms seeking abortion.
00:01:54.620And what does that look like, offering help?
00:01:56.560Yeah, usually just engaging in a conversation, asking, you know, obviously there's, in that particular hallway, there's only the abortion clinic.
00:02:06.040So you know pretty much what they're doing if they're coming down that hallway.
00:02:08.460And then just asking, if they know that there's other options available, do they understand the ramifications and the dangers of what they're doing?
00:02:17.800You know, abortion's not been a highly moral industry where they, you know, give clear warnings and market labeling, as it were, to the dangers and the risks associated with abortions.
00:02:28.500And then certainly the post-abortion traumatic stress syndrome and the things that go along with abortion.
00:02:34.120So we just try to make sure they have all the facts, let them know that people are there to help them, that sometimes, usually abortion seems like the only way out.
00:02:41.580It's the last option, kind of a solution, you know, a terminal solution.
00:02:45.960And we try to let them know that there are other options out there and there are people, that strangers, that they don't know, they're willing to help them and be there for them.
00:02:52.960What kind of reactions do you typically get from the women that you engage with?
00:02:56.540Sure, I mean, it's across the board, right?
00:02:58.320I mean, it's a highly emotionally charged time in that person's life.
00:03:02.400And some respond in tears and, oh, thank God, I didn't know anyone cared.
00:03:07.000And some respond with cursing and violence and, you know, anger and, you know, being frustrated that they feel like they're being called out on the, you know, participating in abortion.
00:03:17.680And if you get the latter response, the cursing and the violence, how do you respond to that?
00:03:49.500And so we go, we did sidewalk training classes where we've gone into churches and taught how to deescalate things, how to bring things down, what kind of people you'll see at the clinic and what you're going to expect.
00:04:00.120And so we cover all this in our training extensively and different, you know, different models, different assessments and things to do when you're dealing with that situation.
00:04:09.680How long have you been doing pro-life work?
00:04:15.480Now, I'm sure you're familiar with the sort of the stereotype of pro-life, pro-lifers in general, but especially those who show up outside the clinics.
00:04:25.180And usually the stereotype is screaming and yelling at the women and telling them they're going to hell and that sort of thing.
00:04:31.760I've, in my experience, I don't have as much experience as you do, but in my experience with pro-life protesters, I don't think I've ever seen that.
00:04:40.420But that's not, sounds like that's not your experience either.
00:04:43.220Well, it's certainly not something we do.
00:04:44.740And to be clear, there are always people that are out there that usually they're rogue, they're not associated with the church, they don't have any actual training or any, you know, they, you know, a lot of times they're post-aborted themselves and they feel guilty.
00:04:57.500And so there are people that come out, they're more aggressive, more rebuking, and certainly not the spirit of Christ that we believe actually helps people.
00:05:07.220And so while those people are out there, it is, they're certainly a minority and it's something that the pro-abortion side latches onto and tries to make it like it's the majority of folks.
00:05:29.000So there was dentist's office, massage therapist, and all kinds of other tenants in the building along with the abortion clinic, which was care from clinic.
00:05:37.040And then the activists were out in the hallway?
00:06:10.220But in order to be trespassed off a property, the building owner has to tell you you're not welcome.
00:06:15.480And specifically the property, when it's a multi-tenant dwelling, and the expectation is that all the public is welcome because of all the tenants that are in the building.
00:06:24.740So there's the legal framework for where I was operating in that day of having the building manager, building owner, or operator actually telling us we weren't welcome.
00:06:37.780And you see that in some of the interviews after the fact with police officers going back to the clinic, asking specifically if they had the authority to trespass people, if the building owner was aware, and different things like that in the post-arrest interviews that took place.
00:06:53.600But basically what happened is we came into the hallway, the security guard came down, told us to leave.
00:06:59.040He said, we're going to call the police.
00:07:07.520And the folks that wanted, that were going to risk arrest that day in a rescue fashion, we could talk about that if you want, what a rescue is versus sidewalk counseling and different things.
00:07:21.600But they pointed out to the officer that if they left their position there in the hallway, then that clinic was going to open up and little baby boys and girls were going to die that day.
00:07:33.480And they didn't feel morally they could walk away from such a situation.
00:07:37.560And so that was, that's one element of the day.
00:07:40.460And like I said, the others were the sidewalk counselors and then the people in the hallway just to pray and to, to worship and just to lend spiritual support, you know, to the day as well.
00:07:50.780And which of those categories were you specifically?
00:07:53.360Yeah, I was, I had sidewalk counseling teams there that I had trained.
00:07:57.720I was not doing the counseling specifically.
00:08:01.940I was certainly praying and singing and participating in the worship aspect of it.
00:08:06.140And then primarily my role developed that day, just kind of serendipitously, is when I realized that the police didn't really understand what was going on.
00:08:14.900And, you know, think back, this was a time of BLM and TIFA and all the violence going on.
00:08:20.080And my main concern was they're going to think we're some kind of violent group and they're going to come against my sidewalk counselors and start, you know, being heavy handed and dangerous and violent in response.
00:08:30.340And so I went to talk to them just to assure them that we were a peaceful group.
00:08:47.400So back in the late 80s, early 90s, a tactic developed from the church.
00:08:52.100And it was a multi-denominational effort and understanding of dealing with the dilemma of if you really believe these unborn children are humans and little boys and girls, then we should act like it.
00:09:05.680And what model do we have and how can we protect them and actually stand in the gap and actually do something rather than just talking about it?
00:09:14.240And what was developed is what's traditionally known as a sit-in in America, right?
00:09:18.860All protest groups sit in and block something or they do, you know, to protest the whatever it may be, Greenpeace or, you know, the Jerusalem, Gaza stuff that's going on now.
00:09:31.120So it's just basically normal American sit-in protest type things, but with a spiritual additional element is that the main heart of that matter and the rescue movement that we saw rise in,
00:09:44.100and just so I don't forget, there were about 77,000 Christians arrested in America, making the pro-life movement one of the largest civil disobedient movements in the nation.
00:09:55.380But the spiritual element was not just, hey, we're here to physically block the doors and shut it down.
00:09:59.900It was, how do we respond in a Christ-like manner?
00:10:03.160And what do we see in the model of Christ is that he interposed between us and the one that was coming to destroy our soul.
00:10:10.020He laid down his own life so that we might have life.
00:10:12.860And so that's what the church was trying to do, is to sit down at the door and say, look, I'm willing to go to jail.
00:10:18.360I believe that baby that you're carrying is valuable enough as a human being that I'm willing to go to jail for the sake of you and that child.
00:10:29.520So the rescue slash sit-in, as you say, were you doing the sit-in yourself personally?
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00:11:54.260So, the police show up, and at what point do they start arresting people?
00:12:02.200So, they came in, you know, you had the first group that showed up, and they came and talked, and like I said, I went back and talked with them.
00:12:10.840Seeing that there were so many people, they called in, you know, there's procedures they follow, right?
00:12:15.900So, if there's a large gathering and a protest or something, they have policies internally that they follow.
00:12:21.640So, they called out the rest of the task force and whoever else was supposed to be there, including the negotiators.
00:12:27.040And so, once the negotiators were on site, we had with us one of the gentlemen that was leading the rescue aspect of it is a former Las Vegas police officer, Chet Gallagher, a great man, a man that loves God.
00:12:41.400He's been participating in pro-life work is, you know, 30 years or so now.
00:12:48.020So, he was going to speak to the police officers because of his background.
00:12:52.640He actually was confronted with this in his role as a police officer when they were doing a rescue in Las Vegas.
00:12:59.200And instead of arresting the Christians, basically, he gave up his job and participated with them.
00:13:05.460And he felt convicted that that was the right thing to do.
00:13:08.860As a police officer, he tried to report that there was a murder in progress.
00:13:12.460You know, there's a life at danger here.
00:13:15.540And the higher command wasn't buying it.
00:13:17.900So, he did the thing that he felt like he needed to do there.
00:13:20.140So, he and I, since I had already talked with the police earlier, I went with him to just kind of ride his shirt tail and listen to the conversation.
00:13:30.480Like I said, we both had kind of different interests there that day.
00:13:35.280Primarily one interest, obviously, saving children, but different avenues of what we were planning on doing and what our role was.
00:13:42.620And so, we ended up talking with the negotiators and police officers, had great conversations with some Christian civil magistrates and talked about Romans 13 and the role of the officers and all that.
00:13:53.460So, it was a good, you know, a good discussion with them.
00:13:55.600So, through that process, though, we determined and let them know that not everybody was willing to be arrested, that some were waiting to be trespassed properly to leave, and that others were willing to risk arrest, and that they would not resist, that, you know, it would be peaceful.
00:14:11.720And so, we kind of negotiated and worked with the police through their processes to figure out how the arrest would be made and how that would go down.
00:15:11.140What—I guess at what point did you know that the federal government was looking at your case?
00:15:18.460Yeah, so 7.15 on a Wednesday morning in October when my house started rattling and I heard the words,
00:15:24.860open up FBI, and I don't know about the average American, but that's not something that's in my common thought process at any time in the day,
00:21:31.980Mark Howe's incident also, well before the magic date in all of this is June, 2022, with the Dobbs decision overturning Roe against Wade.
00:21:41.540Biden and his administration, he issues executive orders.
00:21:44.520They form up a reproductive rights task force, comes to the civil rights division of the DOJ and says, basically, war on pro-lifers.
00:21:52.520So they go back, combing through the records for these peaceful events that had occurred years before, and swoop in, basically, to make a PR statement against pro-life activism.
00:22:06.000The ostensible reason for the arrest when you were given it was, you said the FACE Act.
00:22:15.440I guess I would ask you first, what is your understanding of what the FACE Act is?
00:22:19.020Sure. So, FACE is, and the reason I knew that, because it's in bold letters, because it's the acronym for the Act, which is the Freedom of Access to Clinic Entrances.
00:22:28.740And so, back in the 90s, because these pro-life rescues were being successful, the federal government decided it needed a way to shut it down.
00:22:37.300And so, basically, what the FACE Act did is it took a Class B misdemeanor local protest charge to a felony, first offense, six months in federal prison.
00:22:49.020A second, a year or more. Steve would know more of the details there.
00:22:54.440But that's, you know, I mean, that's basically what its purpose was and how it was designed.
00:23:00.420And Steve, my understanding of the FACE Act, supposedly, doesn't it also, or isn't it supposed to also protect pro-life pregnancy centers?
00:23:09.020Yes. So, as often happens in Congress, they had to have some Republican support to get this thing through.
00:23:16.840Teddy Kennedy is shepherding it through in the Senate.
00:23:21.060And as they reach across the aisle, one of the bones they throw to the Republicans is,
00:23:27.120oh, well, we'll protect houses of worship and pro-life pregnancy centers, too.
00:23:30.960So, it's like this tag-on provision in the FACE Act.
00:23:53.080The Department of Justice doesn't have any kind of guidance on how to approach houses of worship issues and so forth.
00:23:59.540And as you are probably aware, Matt, since the Dobbs decision, and even after its argument, let alone its release in June,
00:24:08.780hundreds of churches, pro-life pregnancy centers, have been firebombed, vandalized, you know, Molotov cocktails thrown in there, all this stuff.
00:24:18.380There have been a total of, I think, four arrests under that.
00:24:22.360Family Research Council, just last week, released a report regarding acts of hostility against churches and houses.
00:24:30.800This is just the churches, not the pregnancy resource centers.
00:26:11.100I did not, and I think I even told Steve this from the beginning, I didn't feel like we'd see justice in the trial court.
00:26:18.080Just because of what little bit of knowledge I have of the judicial system and the rules of evidence and the political nature of the charges.
00:26:39.180How many total people was it that was?
00:26:42.680Well, so in the federal charges, there were seven of us that were charged with conspiracy and four that just had the Misdemeanor Face Act.
00:26:51.900And so the conspiracy is the other piece of this we hadn't really got to yet.
00:26:57.620The Conspiracy Act, and Steve will have more of the technical legal details, but basically it's the KKK Act passed in the late 1800s that was used to stop people being violent against black people when they were trying to vote.
00:27:11.340And so they used this same conspiracy and said that it's a conspiracy against rights secured by the Constitution or the laws of our nation.
00:27:20.000And so literally the rights that are secured now that Dobbs has fallen is the rights found in the Face Act, which is the right to access a, quote, reproductive health center or abortion.
00:27:30.960Steve, what can you tell us about the conspiracy against rights?
00:27:34.880Look, as Paul said, Matt, this is a statute passed with one specific intent after the Reconstruction period.
00:27:44.980And so it was never really used outside of that actual constitutional right setting until this whiz kid who tried a Face case in Washington, D.C., Sanjay Patel, wrote an article in 2022 for the Department of Justice.
00:28:36.840And it's against, ironically enough, civil rights, a conspiracy against rights statute that's used to punish civil rights in the peaceful civil disobedience of Christians.
00:28:47.440Also, just from a technical legal perspective here, didn't the Supreme Court just find that you don't have a constitutional right to abortion in the first place?
00:28:57.280So how can this be a, how do they explain it?
00:28:59.860How can this be a conspiracy against rights that the Constitution?
00:29:01.720I mean, really, aren't we through the looking glass in a way here?
00:29:04.620So this clinic is no longer in existence.
00:29:08.420Abortion in the state of Tennessee, as we sit here today, is itself a felony.
00:29:12.220So what these folks were doing in 2021, they should be rewarded for today, right, if these practices were going on.
00:29:18.820But it isn't until Tennessee enacts or the trigger law goes into effect and abortion becomes a felony year that they ever bring these charges.
00:29:26.960We have argued, so we're blue in the face with the trial judge, and we will argue on appeal, that just as you said, Matt, abortion is no longer a recognized federal constitutional right.
00:29:38.200The only right that they're hanging this by is a very, very thin thread of access to reproductive health services.
00:29:45.520So the right to go in and get an ultrasound is what they're claiming is the federal right that gives some kind of status, jurisdiction for bringing these felony charges.
00:30:17.280So it includes termination of pregnancy, but it also includes these, you know, birth control and so forth rights.
00:30:23.480So there is, as we sit here, because the FACE Act has not been repealed, on the books, a right to access reproductive health services other than abortion.
00:30:33.400But, of course, no one in the history of the United States, I think, has ever protested the right to access ultrasound.
00:30:59.820Yeah, so we had one defendant that turned state's evidence on us.
00:31:03.000I said there were seven, so there was only six in the trial.
00:31:05.160Well, and she cut a deal, and she gave all kinds of wonderful testimony about how one of the roles of the rescuers, those blocking and committing face violations, was to have a police distraction and that that was my role.
00:31:20.740Now, this person testified in the courtroom.
00:31:23.380She didn't know me before the day of the event.
00:31:24.980She initially thought I was a police officer or a chaplain, and yet her testimony against me is what they had.
00:31:31.280That and along with a picture of me standing in the hallway against the wall, not a door, you know, working on my phone while people were talking.
00:31:40.120One of our sidewalk crew was talking to a client there.
00:31:43.160Do we know what kind of deal she got for that?
00:34:10.280And so I'm getting tested on that, I guess, Matt, is the big picture here.
00:34:15.040Is, you know, we have—he's allowed us to see our national character through this case, I think.
00:34:22.580There are at least three different stopgaps in the system, as you mentioned.
00:34:26.800The FBI agent could have certainly done a better job and a more personal, professional job at making the arrest or refusing that order if they had the details.
00:34:37.940The judge could have refused to allow it in her courtroom.
00:34:42.520She's one of the constitutional stopgaps that we have for justice.
00:34:45.860If somebody's bringing a false charge and a ridiculous trial, then the judge has the ability to say no.
00:34:53.580And certainly the prosecution that was charged with bringing the case by their superiors could have said, no, I'm not doing this.
00:34:58.880And then we come down to the 150 jury panel that we selected our jurors from, and we got to interview them and talk about their character and where they stand.
00:35:08.960And I think what we see is a—you know, it's been said that in order to maintain freedom, it's a labor.
00:35:19.540And I think what we see in our national character is, A, we are a nation of convenience, not convictions, and we don't do the hard work that it takes to maintain liberty and freedom, like knowing what a jury's duties are, like understanding right from wrong and good and evil.
00:35:37.600And so that's, you know, that's part of the challenge we have.
00:35:41.780And I think if God wants to tell that story and show that to us and allow us to have that conversation publicly, and it puts me at risk a little bit, I'm thankful for the opportunity to have the conversation.
00:35:53.780What do you think this tells us about the future of America, your experience?