DV Journal

As lawyers inside Philadelphia’s federal courthouse selected the jury to pass judgment on Mark Houck in his upcoming trial, supporters outside said prayers and offered encouragement for the Bucks County pro-life activist they believe is the victim of a political prosecution.

Houck, 49, of Kintersville in Bucks County, is charged with violating the FACE Act for an altercation with abortion clinic escort Bruce Love outside a Philadelphia facility. According to the indictment Houck “verbally confronted” escort Bruce Love “and forcefully shoved B.L. to the ground” outside the Planned Parenthood Elizabeth Blackwell Health Center on Locust Street in Philadelphia.

Houck could face up to 11 years in prison if convicted.

Evangelical pastor William Devlin led the group of 30 or so protesters reciting the “Our Father” and singing “Amazing Grace.”

The case has national implications regarding whether an escort who volunteers at abortion clinics can be considered an abortion provider. Legal experts who support Houck said the entire case was a stretch of the original law and have suggested the prosecution is motivated more by abortion politics than law enforcement. Those concerns were heightened when federal authorities chose to send some 25 heavily armed FBI agents to arrest Houck at his home as his wife and frightened children looked on.

Houck was released on his own recognizance the same day.

David Walsh

Houck has garnered the support of many in the pro-life community. The Thomas More Society, a public interest law firm, is helping with his defense.

“America is great because she is good. If America ceases to be good, she will cease to be great,” said local pro-life leader Patrick Stanton at the gathering. “And if this kind of thing can happen to a law-abiding father and husband, America is trembling.”

“It’s important for us to stand together,” said Marlene Downing with the Pro-Life Union of Greater Philadelphia. “There is a lot of evil rising up. It’s because they feel like they can [act this way] because people who are Christian are not standing for what they should be standing for. And look at you guys out here, standing for the right thing.

Christine Flowers, a Delaware Valley Journal columnist, also spoke to the protesters.

“After a British military victory during World War II Winston Churchill was famously quoted as saying, ‘This is not the end. It’s not the beginning of the end. But it might, perhaps, be the end of the beginning.’ That’s the way I felt when Roe was overturned last year. Because I knew the battle was just beginning in the states and the increasing hysteria of abortion rights supporters led me to believe we were in for an onslaught. What is happening with Mark Houck is emblematic of that. And we need to be prepared and vigilant.”

Malvern resident David Walsh who was protesting said, “I’m here to support Mark Houck and his family and pray for the successful relief of these charges and pray the federal government steps up in the Department of Justice and does what they should be doing (to bring charges against those vandalizing pro-life maternity centers and churches).”

Walsh often does sidewalk counseling for pregnant women outside the Planned Parenthood clinic in West Chester. Houck had been a sidewalk counselor for many years before his arrest.

Ted Meehan of Newtown Square said he had been involved in the pro-life movement for 40 years.

“I’m here because of the injustice of what’s going on to Mark Houck and what was done,” said Meehan. “And compare that to the ongoing, almost daily Churches and pro-life centers…It’s a grotesque double standard.”

A Lower Moreland resident, Devlin is affiliated with Infinity Church in the Bronx and is the director of Widows & Orphans, which goes into war zones to help. He is a Vietnam veteran who received a Purple Heart.

He and his wife Nancy assist formerly sex-trafficked girls “so the pro-life commitment goes beyond just saving babies,” said Devlin.

“I’ve been a colleague of Mark Houck for 20 years,” he said. “My organization and Mark’s organization have worked together on a number of issues. I’ve known Mark as a father, as a husband, as a Christian believer.”

Houck has pleaded not guilty to the charges, and his attorneys plan to argue that the FACE Act does not cover a clinic escort in any case.

The trial before Judge Gerald Pappert is expected to last through the week.

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The trial for Mark Houck, the Bucks County pro-life advocate charged with violating the FACE Act for an altercation with an abortion clinic escort, is set to begin at the federal courthouse in Philadelphia on Jan. 24.

The case has national implications as to whether an escort can be considered an abortion provider under the law. Houck, who was arrested by a small army of FBI agents and other law enforcement as his wife and frightened children watched, has become a cause celeb for the pro-life movement.

One of Houck’s lawyers, Peter Breen of the Thomas More Society, said the government is pressing the wrong charges. And although Judge Gerard Pappert, a Republican who had formerly served as the state attorney general, denied a motion to dismiss, Breen was heartened by the judge’s remarks in that decision.

Mark and Ryan-Marie Houck and their children

“The judge recognized in his order that the altercation was about literature and that’s not a FACE violation,” said Breen.  (FACE is the “Freedom of Access to Clinic Entrances” Act.) Houck, who leads a Catholic men’s ministry, had gone back toward the clinic to retrieve some of the brochures he had been handing out that were in a trash can when he was confronted by the escort.

The escort, Bruce Love, was also “harassing” Houck’s then 12-year-old son.

“If two people have an argument over harassment of (one’s) son or positioning on the sidewalk, that sort of thing is clearly not a violation of the FACE Act,” said Breen.

The FACE Act or Freedom of Access to Clinic Entrances Act does not include volunteer escorts, Breen said.

“We vigorously dispute the allegations,” said Breen. “It’s not a violation unless the person is somehow impacting the abortion process. And that’s not the case here, very clearly.”

During pretrial litigation, Houck’s team showed evidence that Congress did not intend to include volunteer escorts when the FACE Act was written. They quoted the late Sen. Ted Kennedy (D-Mass.) who said, “Demonstrators, clinic defenders, escorts, and other persons not involved in obtaining or providing services in the facility may not bring such a cause of action (under FACE).”

City police and the district attorney previously declined to file charges against Houck. A private legal action filed by the pro-abortion activist was dismissed.

“What we’ve contended is the description in the indictment is 180 degrees from the real facts of the case,” said Breen. Houck did not approach the escort. Rather, “Love made a beeline to intercept and interfere with Mark,” said Breen.

The indictment states that on Oct. 31, 2021, at the Planned Parenthood Elizabeth Blackwell Health Center on Locust Street in Philadelphia, Houck “by force, intentionally injured, intimidated and interfered” with Bruce Love. And also, Houck “verbally confronted B.L. and forcefully shoved B.L. to the ground.”

“The government has no video, no pictures, no audio of (the incident),” Breen said.

Although the indictment claims there were two witnesses, the government has not told the defense who those people were.

Asked whether the Houck case is part of the Biden administration’s desire to promote abortion and clamp down on pro-life activity, Breen said, “Well, we are now up to almost 200 pro-life centers or churches vandalized or otherwise damaged. Instead of charging the people that did those things, you had over 20 pro-life activists charged under FACE. Our question to the administration is, when are you going to protect pro-life citizens because the charges under FACE so far have been against peaceful individuals?”

And, “the allegation against Mark is the first, as far as we know, the first and only prosecution of a pro-life sidewalk counselor for what he is alleged to do against an abortion escort.” So this is, to some extent, a test case for the Biden Department of Justice. We believe if they were to prevail, they would try to take this legal theory to other parts of the country.”

“That’s why it’s an extremely important case,” said Breen. “Folks across the country are watching it. There were no patients involved. No clinic staff.  As far as we know, that’s never been the subject of criminal prosecution by the government.”

Houck, 49, was released on his own recognizance the same day as his arrest at his Kintersville home.

“Think about that. Twenty-five FBI agents go to his home as if he were somehow a danger,” said Breen, who noted the lawyers had offered to bring him in “at no cost to the U.S. taxpayer.”

“It’s clear that intimidation is one of the tactics being used by the federal government,” said Breen. “And I can tell you that I received calls from sidewalk counselors that were intimidated. They’re wondering, ‘Am I going to be next?’”

Pro-life activists plan a rally to support Houck outside the courthouse at 601 Market Street at 11 a.m. on Jan. 24.  A previous rally attracted dozens of supporters.

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Supporters of anti-abortion activist Mark Houck, taken by FBI agents from his Bucks County home last month, turned out Friday outside the U.S. Attorney’s office to protest his arrest and warn the public:

Houck’s arrest was just the beginning of the Biden administration’s targeting of pro-life Americans.

Houck, 48, of Kinternsville, was charged with violating the federal Freedom of Access of Clinic Entrances Act (FACE) regarding an October 2021 incident outside a Planned Parenthood clinic in Philadelphia. Despite local authorities declining to prosecute, and a private legal action that was also rejected, the Department of Justice chose to arrest Houck and pursue the case.

On Sept. 23, numerous armed FBI agents stormed the Houck’s home, frightening his seven children and wife, Ryan-Marie, even though his lawyers had informed the Department of Justice he was willing to turn himself in, said Peter Breen with the Thomas More Society who represents Houck.

Ashley Garecht, who has prayed outside the clinic in the past, told the 100 or so people who gathered Friday, “Mark has stood in front of that facility for years. He has prayed and counseled often in the face of vile harassment…Sadly this storyline fits all too well in Philadelphia.”

And, she noted, they were just a block away from where President Joe Biden gave his controversial speech about American extremism. Bathed in blood-red lighting and with Marines behind him, Biden spoke ominously about “MAGA forces”  that he called a threat to “the very foundations of our republic” and who are actively working to “undermine democracy itself.” Garecht pointed out Biden included prof-lifers in his remarks as well.

“President Biden made his intentions toward the pro-life community crustal clear in his alarming and malevolent speech in front of Independence Hall,” Garecht said. “Shame on him.”

In a video message released by the Thomas More Society, Breen echoed the message that Houck’s arrest is part of a larger agenda.

“Right here, right now, this is the first big case from the [Biden administration] DOJ,” Breen said. “Let’s beat the DOJ, beat them soundly in a public case that everyone’s following. And then Lord willing, you’ll have Merrick Garland, the Attorney General of the United States, called in front of Congress, to answer those tough questions: Why did you put the health family in such danger? Why are you prosecuting this peaceful man for what is at worst, a local matter at best to local matter?

“And I hope that at that point we will be finished with our trial and we’ll have gotten a not guilty verdict.”

Prominent anti-abortion activist and Fox commentator Kathy Barnette, a candidate in the GOP U.S. Senate primary earlier this year, told the crowd she thought long and hard about whether she should speak because it might lead to the government targeting her.

“What does it say about a nation who would look at the most innocent people and say, ‘You don’t matter. You don’t count?’ And then weaponize the government to intimidate those who understand that that is a life,” Barnette said.

“It is going to cost us from this point forward to say there is such a thing as truth. And I am going to stand and not cower. Ten years ago it would not have cost us what it will cost now,” she added.

Speaker after speaker called on the crowd to pray and at the end of the hour-long protest, most of those present kneeled on the hard sidewalk and prayed the “Our Father.”  Some of the speakers also told the protesters to be sure to vote in November.

Houck’s mother-in-law, Kathleen McCarthy, who also lives in Bucks County, came to the protest, along with some of Ryan-Marie’s eleven siblings.

Asked by Delaware Valley Journal how the Houck family is handling events, McCarthy said, “I will tell you God’s grace is always sufficient. They are trying to bring back what they have built all their married life, a home filled with peace, strength, and grace. And one day at a time.”

Talk radio Host Dom Giordano reminded the crowd Houck is represented by Brian J. McMonagle, “the number one defense attorney in Philadelphia.” And while this case is about the Houck family, Giordano said he hopes the “FBI agents who don’t agree with this stuff do everything in their power to slow down this weaponization against average Americans exercising their rights.”

Giordano noted the irony of Houck’s home “being raided by the FBI with that amount of force while violence and criminal behavior in Philadelphia is out of control.

“In a way, Mark Houck is doing a service not just for those potential kids at the abortion clinic. He’s doing a service for every one of us here.”

Among the protesters was Terrisa Bukovinac carrying a sign that said she is atheist, progressive, and anti-abortion. A Washington, D.C. resident, she started the nonprofit Progressive Anti-Abortion Uprising after heading a similar group in San Francisco.

Many Democrats agree that some restrictions are needed on late-term abortion, she said. “There is a lot of common ground.”

And protester Liz Madden of Radnor said she felt compelled to protest after that township passed an ordinance forbidding police to investigate abortion providers, which could result in another Kermit Gosnell, she said, referring to the infamous Philadelphia abortion provider now serving 30 years in prison for serial murder.

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Sen. Pat Toomey joined the chorus of lawmakers who signed a sharply critical letter to U.S. Attorney General Merrick Garland and FBI Director Christopher Wray over the unorthodox arrest of a prominent Bucks County pro-life advocate. And his attorney says the entire operation is designed to intimidate pro-life Americans into silence.

Mark Houck, 48, of Kintnersville, was charged with violating the federal Freedom of Access of Clinic Entrances Act (FACE) regarding an October 2021 incident outside an abortion clinic in Philadelphia. Philadelphia police and the district attorney’s office had declined to charge Houck at the time. A private legal action by the pro-abortion activist was dismissed in July.

Houck pleaded not guilty to the federal charges this past week. If convicted, he faces up to a maximum of 11 years in prison, three years of supervised release, and fines of up to $350,000, according to a Department of Justice statement.

Houck has been represented by the Thomas More Society, a public interest law firm, which has been in contact with the FBI since he received a “target letter” in May. Houck’s attorneys informed the DOJ he would voluntarily appear in court. But according to the family’s account, a contingent of heavily-armed FBI agents showed up at Houck’s home last week pointing guns at his family, including young children.

“Given their cooperation with federal law enforcement, the family did not expect to be awakened at 7 a.m. with reportedly over 20 FBI agents surrounding their home wearing armor-plated tactical vests, ballistic helmets, and holding ballistic shields and long guns,” Toomey and his fellow senators wrote.

“The Houck family’s account of the FBI coming to their family home to arrest Mark Houck, who was already cooperating with law enforcement, is concerning,” said Toomey (R-Pa.) via Twitter.

Peter Breen, vice president and senior counsel for Thomas More, told DVJournal the letter from Toomey and the other senators was very “pointed,” asking why the FBI did not use a de-escalation plan Garland had put into place earlier this year.

“Just three years ago, I won a FACE case on similar facts in the Eastern District of Pennsylvania. On that basis, they have no case against Mark Houck,” said Breen. “And his case, not involving a Mafia boss, he’s got a men’s ministry. (Houck is) what you might call an evangelist, a Catholic speaker.”

“He does not have a criminal history of any sort and when a distinguished former federal prosecutor says, ‘I will bring my client in,’ and even if they wanted to make a show of arresting him, you would not send more than a couple of agents, and those agents would not be dragging him out at gunpoint.

“They would be knocking on the door, presenting an arrest warrant, letting him get his effects and, in a dignified way, say goodbye to his family for the day, then go downtown. Under no circumstances do you send at least 20 federal agents and apparently state law enforcement as well, with shields, long guns, helmets, and the like,” said Breen.

The Thomas More Society has brought in well-known Philadelphia lawyer Brian McMonagle to defend Houck.

According to Ryan-Marie Houck, 15 law enforcement vehicles were on their front lawn.

“Can you even imagine? What if their 6-year-old had gone out with a toy gun because he saw his daddy taken away? What would have happened?” asked Breen. Mark Houck is “not a threat,” he said.

Breen believes the raid was orchestrated out of DOJ headquarters in Washington, not Philadelphia.

Asked whether it would have a chilling effect on people’s rights to freedom of religion and speech, Breen said, “Well, the only reason for a show of force like this was to send a message to people of faith, pro-life people, in an intimidating way. So that’s how I received it. We see that as an intimidation message. If you exercise your First Amendment rights, there could be a bunch of federal agents at your door.”

And Houck was not someone involved in national politics. He was an ordinary person, Breen pointed out.

“If Mark Houck was such a danger to the community, why did it take a year to go and pick him up?” asked Breen.

The alleged victim approached Houck and his then 12-year-old son while praying in front of an abortion clinic. That man “harassed” the boy, and “an altercation ensued,” Breen said.

Breen said the incident had no connection to the FACE Act because Houck was not blocking the entrance to the abortion clinic or stopping anyone from getting an abortion.

“None of that happened here,” said Breen. “This is an intimidation tactic, a meritless case, and we are going to stand up firmly against it.”

“Maybe the Justice Department thought they could roll one individual pro-lifer…but we are going to make sure he has the most vigorous defense that can be mounted,” said Breen.

“We are very grateful that the senators and congress members are looking to assist,” he said. “They are also asking the question, ‘What in the world is going on with this raid? Why are you prosecuting this guy? It’s a local matter.”

The DVJournal asked area Congress members and candidates for Congress whether they plan to sign the Houck letter.

Rep. Brian Fitzpatrick (R-Bucks) did not respond. Nor did Rep. Mary Gay Scanlon (D-Delaware/Philadelphia), or Rep. Madeleine Dean (D-Montgomery County).

“As one of the most bipartisan members of Congress, Rep. Houlahan is constantly looking for opportunities to work across the aisle to deliver real progress for her community, not partisan talking points,” said Aubrey Stuber, communications director for (Chrissy) Houlahan (D-Chester/Berks). “The letter was never even circulated to our legislative staff for consideration, a sign that it was intended to be a partisan exercise. So while Rep. Houlahan takes oversight of our federal agencies very seriously, this letter demonstrates a lack of collaboration and bipartisanship.”

Dean’s Republican opponent, Christian Nascimento, said, “My understanding was that the local authorities either dismissed or did not pursue charges in this case. If that is true, then the DOJ should explain why the federal government felt the need to get involved, and on what evidence.”

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