In January 2010 David Hamilton was peacefully and lawfully handing literature to women entering EMW Surgical Center, an abortion clinic in Louisville, Kentucky. Mr. Hamilton was not only interfered with illegally by clinic volunteers who locked arms to block him, he is now being prosecuted by the U.S. Department of Justice for assaulting a volunteer—but in actuality—the volunteer assaulted him. The “escort” attempted to forcibly block Mr. Hamilton to prevent him from sharing literature with women entering the clinic, literature that would have offered women real choices, alternatives to abortion.

Over a year after the date of the incident, rather than serving the clinic volunteer with a legal complaint for the illegal conduct, the DOJ served Mr. Hamilton with a legal complaint, alleging that he violated the Freedom of Access to Clinic Entrances Act (FACE). The DOJ used their resources, funded by the American taxpayer, to track down and serve Mr. Hamilton, although he had moved to Texas permanently only two months after the assault by the “escort.”

“This administration continues to increase the budget deficit by pandering to the abortion lobby, wasting taxpayer monies to hunt down and prosecute the victim rather than the perpetrator. The allegations against Mr. Hamilton are absolutely ridiculous!” states Dana Cody, President and Executive Director of Life Legal Defense Foundation.

Attorneys Michael Hirsh and Vince Heuser, of the law firm of Hirsh and Heuser, are defending Mr. Hamilton, responding to Mr. Hamilton’s prosecution with motions to dismiss and to strike the complaint against him. Life Legal Defense Foundation congratulates Attorneys Hirsh and Heuser for their swift response to the DOJ’s absurd actions and is proud to support the defense of Mr. Hamilton.