National Task Force
on Violence Against Health Care Providers



Report on Federal Efforts to Prevent and Prosecute Clinic Violence 1998-2000

In November 1998, in response to the murder of Dr. Barnett Slepian and other attacks on reproductive health care providers, Attorney General Janet Reno established the National Task Force on Violence Against Health Care Providers. As discussed in more detail below, the Task Force coordinates the investigation and prosecution of those responsible for these attacks, maintains a database of information related to clinic violence, identifies ways to make at-risk clinics more secure, and enhances training of law enforcement officers on issues related to clinic violence.

The establishment of the Task Force is the most recent in a series of federal efforts to combat and prevent clinic violence. In May 1994, after escalating levels of violence against reproductive health care clinics across the country, the Freedom of Access to Clinic Entrances Act was enacted by Congress and signed into law by President Clinton. This Act established federal criminal penalties and civil remedies for "certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate or interfere with persons seeking to obtain or provide reproductive health care services."

A number of other federal laws also apply to violent acts directed against health care providers. For example, 18 U.S.C. §844(i) establishes a federal felony criminal offense where an individual "maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce." Offenses under section 844(i) are most frequently charged in instances of violence involving arsons or bombings of reproductive health care clinics. Similarly, the use of a firearm in the commission of a felony offense against a reproductive health care provider might warrant prosecution under18 U.S.C. §924(c). In addition, 18 U.S.C. §1951 (more commonly referred to as the "Hobbs Act") criminalizes conduct that obstructs, delays or affects commerce by means of robbery or extortion. Attempts to coerce a reproductive health care provider to limit or halt operations may constitute a violation of this statute. The penalties for these various offenses are substantial.

In August 1994, the Attorney General established the Task Force on Violence Against Abortion Providers (often referred to as "VAAPCON"). VAAPCON was charged with determining whether there was a nationwide conspiracy to commit acts of violence against reproductive health care providers. While the evidence gathered did not support a definitive conclusion as to the existence of a nationwide conspiracy, VAAPCON played an important role in the early implementation of FACE and also reinforced to law enforcement officials the availability of other federal criminal statutes to address clinic violence. Indeed, VAAPCON's coordinated activity resulted in a great increase in the flow of information concerning risks faced by providers and in the number of criminal and civil cases successfully prosecuted by the Department, and its work generated much information that is relevant to current investigations.

In January 1995, President Clinton directed each of the 93 United States Attorneys to establish a local task force to coordinate law enforcement efforts relating to clinic violence. These working groups have remained in place since that time, and include representatives from state and local law enforcement as well as representatives from the FBI, ATF, and US Marshals Service. They are designed to maximize the level of coordination and communication among law enforcement officials in the field. They are also intended to improve communications between providers and law enforcement to assess and address threats and other security risks more effectively.

As VAAPCON was phased out in 1996, the responsibility for coordinating the law enforcement response to clinic violence was transferred to the Justice Department's Civil Rights Division. Cases were worked according to normal procedures in the Criminal and Special Litigation Sections in cooperation with United States Attorney's offices and investigative agencies. To help ensure effective communication, the Assistant Attorney General for Civil Rights established a Working Group on Abortion Violence with participants from the Criminal and Special Litigation Sections, the FBI, ATF, the USMS and the Executive Office for the United States Attorneys. The Working Group met monthly to facilitate coordination on a national level.

Together, these efforts have paid off. Since the 1994 enactment of FACE, the Department of Justice has obtained the convictions of a total of 56 individuals in 37 criminal cases for violations of FACE and other federal statutes relating to violence against health care providers. In addition, the Department has brought 17 civil actions against more than one hundred defendants under FACE, seeking injunctions and, where appropriate, damages and monetary penalties against individuals and organizations for interfering with access to reproductive health care services. For example:

In response to the murder of Dr. Barnett Slepian and other attacks on reproductive health care providers -- and to coordinate and build on already ongoing efforts -- Attorney General Janet Reno established the National Task Force on Violence Against Health Care Providers in November 1998. "The Department must do everything it can to protect providers and patients from acts of violence and to prevent unlawful interference with the delivery of constitutionally protected reproductive health care services," said the Attorney General in announcing the creation of the Task Force. "Every woman has the constitutional right to reproductive health care, and no person should ever be able to deny that right through violence."

The Task Force is led by the Assistant Attorney General for Civil Rights. It is staffed by attorneys and other staff from the Civil Rights and Criminal Divisions of the Department of Justice, and by investigators and other representatives from the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the U.S. Postal Inspection Service, and the U.S. Marshals Service. The Department of Treasury's Assistant Secretary for Enforcement represents that Department on the Task Force and is consulted regarding oversight of the Task Force.

The Attorney General charged the Task Force with several wide-ranging functions. These objectives -- and a brief summary of the Task Force's work to date -- are as follows:

1) Coordinate national investigation and prosecution of incidents of abortion violence, with a focus on connections that may exist between individuals involved in criminal anti-abortion activities

2) Serve as a clearinghouse for information relating to acts of violence against abortion providers, and collect and coordinate data identifying national trends related to clinic violence

Task Force analysts have collected information on incidents of violence, and have compiled a database for the use of investigators and prosecutors. The Task Force uses this data to look for connections between incidents, and to respond to requests for information from USAOs and field offices.

3) Make security recommendations to enhance the safety and protection of providers

4) Assist the work of the U.S. Attorneys' local working groups on clinic violence

As discussed above, the Task Force provides extensive technical assistance and support to USAO working groups involved in the investigation and prosecution of clinic violence. The Task Force also issues periodic e-mail updates on civil and criminal developments on clinic violence issues to all 93 US Attorney Working Group points of contact. For example, after a wave of anthrax threat letters, it urged all USAOs to convene their local working groups to discuss in advance responses to anthrax threats, and facilitated discussions with the Center for Disease Control to ensure appropriate public safety responses to anthrax threat letters. Similarly, the Civil Rights Division's Special Litigation Section serves as a resource to the U.S. Attorneys with regard to blockades and related activities in their jurisdictions and provides guidance as to civil FACE issues.

5) Enhance training of federal, state, and local law enforcement on issues relating to clinic violence

6) Support federal civil investigation and litigation of abortion-related violence.

The Task Force's work has paid off to date, as violence against reproductive health care providers declined in 1999 and 2000. Investing in a visible, well-coordinated Task Force may well serve as a deterrent to those who might contemplate such acts of violence. The Task Force and its efforts demonstrate that, by working together at all levels, law enforcement can produce great success in investigating and prosecuting acts of clinic violence and enhancing the safety of reproductive health care providers.