CATHOLIC PRIEST CONVICTED OF FEDERAL CHARGES FOR HIS PEACEFUL PRO-LIFE RESCUE
By William Goodman
Yesterday, January 23rd, at the United States Eastern New York District Court on Long Island, Fr. Fidelis Moscinski, CFR, was wrongfully found "guilty" of violating the Freedom of Access to Clinic Entrances Act (FACE) by federal judge Steven L. Tiscione.
Before a packed courtroom, federal prosecutors sought to portray this pro-life Franciscan Priest as being guilty of interference with "federally protected rights" to "reproductive health care," viz, the dismemberment of innocent human beings in the womb.
In opening arguments for the defense of life, attorney Dennis Ring from the Thomas More Society, stated to the judge:
"Most cases coming before this court are crimes driven by the typical forces of lust, greed, anger, and selfishness. Fr. Moscinski is not driven by any of these, but by love. Love for unborn babies and their mothers. Fr. Fidelis is not hiding any of his actions or the facts in his case. Only one thing is at issue at this trial: Fr. Fidelis' intention to save human lives, and keep his vow to God -- to help the most defenseless, including the preborn."
This trial stemmed from a one man rescue mission Fr. Fidelis undertook at the Planned Parenthood abortion facility in Hempstead, NY, on July 7, 2022. In a "lock and block" style rescue, Father placed large bicycle locks on the gates outside of the killing center in order to protect God's little ones from deadly violence. This was done to allow opportunity for him to speak with abortion tempted mothers about healthy, moral, life-giving options, and offer them practical resources to assist them during and after their pregnancy.
When the police and fire department arrived and finally removed the locks, Fr. Fidelis quietly laid down on the abortion mill driveway just under the wheels of a Planned Parenthood staff vehicle, effectively preventing any lives from being lost. By this selfless act of love and bravery, the Franciscan Friar demonstrated the urgency of the situation, the supreme value of motherhood and all human life, and a concrete means of protecting those in imminent danger.
"Fr. Fidelis is a living witness of Christ's love," said a local New York sidewalk counselor who observed the Priest's rescue and unjust arrest. "His actions were an embodiment of Jesus' Words, 'there is no greater love than to lay down your life for your friends' (John 15:13)."
At the trial, one of the government's five witnesses was a special agent from the FBI's civil rights division who was a mother quite visibly pregnant with child. Pro-lifers in the courtroom were moved by this vivid reality of what exactly is at stake in this case-- the defense of precious, helpless children of God living inside of their mothers.
With an extensive investigation including over 200 exhibits of videos and photos and surveillance and phone records, the Department of Justice spared none of the American taxpayers' expense to hunt down and prosecute the Franciscan Priest. Part of the government's evidence included a subpoenaed interview that Fr. Fidelis had on EWTN's program "Pro-Life Weekly."
In what would be the climax of the entire trial, US prosecutors played the ENTIRE six and a half minute video in which Fr. Fidelis described this Christian mission of love.
"The main motivation of this rescue was to keep this abortion facility closed for as long as possible..." said Fr. Fidelis, who went on to explain why these actions were not a crime, but rather a fitting response to a life in danger:
"Imagine if you were one of those children scheduled to be executed that day. Would you not want every possible effort to be made to save your life? By saying this is a step too far, it is simply saying that, well, some lives are more valuable than others. We can sacrifice only up to a certain point and let these others die... Our motivation is to shine a light into the darkness where that evil is occuring, through our prayer and public witness. This motivation is simply love for Christ, love for the mothers and for their children."
The thorough testimony Fr. Fidelis gave in this powerful interview made his appearance on the witness stand unnecessary. Throughout the trial Fr. Moscinski remained silent and prayerful.
He was not alone in prayer however, as 24 supporters joined him in the courtroom, including three Priests, four Franciscan Sisters, along with local and national pro-life leaders. In addition to this, prayer warriors joined in spirit from throughout the US and even internationally-- all praying together for an end to the global abortion holocaust.
Fr. Fidelis' second attorney from the Thomas More Society, Mr. Christopher Ferrara, offered to the judge a new set of constitutional arguments against the FACE Act itself. In one of these, Ferrara explained that the Supreme Court's recent Dobbs decision overturning Roe v. Wade demonstrates that there is not, nor has there ever been, a constitutional right to murder an unborn baby. He also argued on jurisdictional grounds that FACE is being unjustly used outside of congressional powers to regulate interstate commerce, and that this Act has been deliberately weaponized "to curtail peaceful protest utilizing time-honored non-violent tactics."
Many Americans have noted how the current administration's Justice Department has singled out peaceful pro-lifers for federal raids and grand jury indictments, while those numerous abortion supporters who have violently attacked pregnancy resource centers and churches by the hundreds are never arrested.
The pro-life attorneys further pointed out the absurdity of these federal charges by referring to the fact that Fr. Fidelis was not even issued criminal charges after his unjust arrest in Hempstead. Rather, the local district attorney merely charged Father with a simple ordinance violation. However, the pro-abortion Biden administration with Attorney General Merrick Garland chose to aggressively over-prosecute Fr. Fidelis in a most prejudicial way because of his beliefs that preborn human life is sacred.
In closing arguments, Mr. Dennis Ring affirmed that the trial "evidence proves one thing for certain -- the defendant's love and concern for unborn babies and their mothers.... And he is not guilty of any crime."
Before retiring to his chambers, Judge Tiscione requested from the US attorneys the EWTN interview that he might review it in order to make his final judgement.
After about 15-20 minutes of deliberation, the judge returned to the crowded courtroom stating that he had reviewed all of the evidence, twice, and found Fr. Fidelis Moscinski "guilty" of violating the federal Freedom of Access to Clinic Entrances Act.
Tiscione cited that the government's case was met because all of the elements of the crime were proven: Fr. Fidelis interfered or intended to interfere (with the murder of babies); the Planned Parenthood facility is a "reproductive health facility" (which kills babies); and the fact of interference or intention to interfere with (killing babies) was proven beyond a reasonable doubt.
The judge set the sentencing hearing for April 24th, which happens to be the Feast Day of St. Fidelis of Sigmaringen, a Franciscan Priest and Martyr, who is Fr. Fidelis' special patron saint!
The legal constitutional arguments made at trial against the FACE Act will be made with post-conviction motions and reserved for the right of appeal.
Fr. Moscinski now faces a potential maximum punishment of up to six months in federal prison.
In response to the federal court decision, Fr. Fidelis offered the following statement to the Church, the nation, and to pro-lifers:
"Blessed are they that suffer persecution for justice's sake, for theirs is the Kingdom of Heaven." (Matthew 5:10)
To practice justice is to give to each one what is his due.
What is due to the preborn children who are in imminent danger of a violent and painful death from abortion?
In justice, these children deserve our wholehearted love, protection, and sacrifices. They deserve to be rescued.
Today's unjust verdict will not stop rescues from happening. The justice of God will always prevail over the injustices of men.
I am grateful for the outstanding representation of my lawyers, Dennis Ring and Christopher Ferrara. And I am deeply appreciative of all who pray for me and for those who were with me in court today.
God bless you all.
+ Father Fidelis Moscinski, CFR
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Numerous pro-life leaders have now spoken out against yesterday's unjust decision, especially since the federal judge and US prosecutors completely ignored the humanity and rights of the preborn person.
"When Father Fidelis chained the gate shut on the Planned Parenthood abortion center he performed an act completely appropriate in response to the impending extermination of innocent human persons. A true, glorious non violent act of love and defense against the killing of the unborn. Father also sought to reach out to the women coming to the abortion center." Said Dr. Monica Miller, Ph. D., Director of Citizens for a Pro-life Society.
Miller continued, "The only reason he is convicted of the unjust FACE law is because in New York the unborn count for nothing as Father was denied a 'defense of others'. We can hope that Father's heroic action will inspire others to rescue the unborn. We must be their voice."
There are several important reasons to keep this ongoing case in your prayers.
1. This is the first FACE case against a Catholic Priest since the mid-1990s when Fr. Norman Weslin and Bishop George Lynch rescued and faced unjust federal charges.
2. This is the first post-Roe FACE Act challenge on constitutional grounds, citing Dobbs and other recent important Supreme Court decisions. The challenge is LONG overdue!
3. This case represents an example of the malicious attacks on peaceful pro-lifers by the pro-abortion Biden administration, and the first such trial during his term. It sets the tone for several other FACE charges currently being wrongfully imposed on non-violent defenders of life.
So let us continue to pray for authentic justice for the babies and mothers, and all those who seek to rescue them from harm.
Blessed are they that suffer persecution for justice's sake, for theirs is the Kingdom of Heaven." (Matthew 5:10). Thank you for sharing this video with all of us Crusaders. Rosary in hand for another rosary will be said.