Abortion Industry Placed on Notice for Illicit Chemical Abortion Drug Trafficking

A string of open letters to the Commissioner of the Food and Drug Administration (FDA) and U.S. Attorney General Merrick Garland at the Department of Justice (DOJ) were sent on January 13, 25, and 26. These letters placed the chemical abortion industry on notice for largescale, illicit chemical abortion drug trafficking. Nearly one quarter of all U.S. Senators (23) signed the January 25 letter demanding Attorney General Garland perform his duty to enforce the law. Nearly half of all state Attorneys General (22) signed the January 13 letter to the FDA committing to prosecute violations of the law. The letters claim crimes currently being committed are in direct violation of title 18 paragraphs 1461 and 1462. Transport of the drugs by mail or any other carrier is a federal crime, illegal in all states not just the ones that restrict or prohibit abortion. The letters claim that on January 3 the Biden Administration’s FDA illegally relaxed the restrictions on the dangerous chemical abortion drugs harming women and children. In coordination on the same day, January 3, the DOJ said it will not prosecute the sale and transport of the drugs across state lines, tacitly approving the crimes.

The open letters to the FDA and DOJ cited medical studies and the FDA’s own evidence regarding the severe dangers chemical abortion poses to women. They also reveal how recent moves by the FDA and DOJ irresponsibly ignore the evidence and existing law, sacrificing women’s health to the benefit of the abortion industry. The letter to AG Garland notes that the violations of sections 1461 and 1462 of title 18 in the U.S. Code carry a five-year statute of limitations, implying that should Garland persist in his dereliction of duty to enforce the law, his replacement could remedy the situation. The sale and transport of abortion drugs across state lines is expressly prohibited, carrying fines of up to $250,000 and 5 years in prison for the first offense and $250,000 and 10 years in prison for each subsequent offense. The Senators remind AG Garland that violations of illicit abortion drug trafficking “…constitute predicate offenses under both the Racketeer and Corrupt Organizations Act (RICO) and Federal criminal money laundering statutes,” adding, “RICO provides for enhanced criminal penalties [triple damages] and civil causes of action against anyone who, in connection with an enterprise, engages in a pattern of violating the Federal mail-order abortion laws.”

Rev. Jim Harden, pro-life strategist and author of Ethical Theory and Pertinent Standards in Women’s Reproductive Health, applauds the recent letters from the chief law enforcement officers of nearly half the states and the scores of Senators and Representatives saying, “For far too long the abortion industry has gotten a pass for dangerously subpar medical ethics. These letters should strike fear into the heart of the entire abortion industry, criminally profiteering and risking the lives of over 400,000 women exposed to these chemicals every year in America for crimes they are now brazenly committing. If AG Garland is not first tried for sedition, he will likely be replaced in two years. That means that every pharmaceutical company manufacturing these chemical coat hangers like Danco Laboratories and GenBioPro along with their co-conspiring pharmacies and doctors, unethically pedaling them without even diagnosing a pregnancy or a woman’s health condition, may lose both their money and their freedom.”

Instead of responding to the legal content of recent open letters, pro-abortion politicians such as Sen. Elizabeth Warren (D-MA) and Sen. Mazi Hirono (D-HI) who fomented violence against pro-life truth-telling pregnancy centers, are now urging chemical abortion companies to confuse the public and get around the law by fraudulently claiming the drug is used for “miscarriage management” on their labels. Rev. Harden wonders, “Do actions committed by Senators Warren and Hirono in addition to the apparent dereliction of duty by AG Garland and FDA Commissioner Robert Califf make them co-conspirators susceptible to criminal racketeering charges too?”