Pro-life father whose home FBI raided appeals ruling by 'activist' judge: ‘Faulty investigation’
FIRST ON FOX— Pro-life activist Mark Houck, who sued the Justice Department over his arrest and prosecution under the Biden administration, said his family has been blocked from settling their lawsuit by an "activist" federal judge.
Houck filed a lawsuit against the Justice Department last year, seeking restitution for what he called "a faulty investigation" and "excessive force" after a SWAT team of around 25 people arrested him in front of his children.
Now, Houck is appealing the judge's decision to the Third District Court and calling on the Trump administration to follow through on ending the weaponization of the DOJ against pro-lifers such as him once and for all. He discusses the case with his wife and 40 Days for Life founder Shawn Carney in a new video shared with Fox News Digital.
"You live in fear of it happening again, not only to yourselves but to others, and you want to know that this administration, which rode this message to the White House, is willing to step in," Houck said in the video, adding, "and they're doing it for other organizations, they're doing it in the DOGE, they're doing it with all the things, they're cleaning house."
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In an interview with Fox News Digital, 40 Days for Life President Shawn Carney said: "I just think, Democratic or Republican, we're tired of activist judges on both sides of the political aisle."
"Nobody likes it – and just, this guy's a victim," Carney said, adding that the Justice Department "needs to fix this."
News of the appeal, which is slated to be filed by 40 Days for Life on behalf of Houck, was shared exclusively with Fox News Digital. The group has already filed a Notice to Appeal to the courts.
At issue are the settlement negotiations that 40 Days for Life entered into with the Justice Department in early 2025, following Trump's inauguration.
U.S. District Judge Paul Diamond, a Bush appointee, abruptly issued a motion to dismiss the case last month, effectively ending the negotiations that had been playing out between Houck and the Trump-led Justice Department.
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It appears that the motion to dismiss the case had originally been filed by the Biden-led Justice Department, which charged Houck in 2021 for allegedly violating the Freedom of Access to Clinic Entrances, or FACE Act.
In the video, Carney and Houck discussed the judge's decision as well as changes in the law enforcement community more broadly, and what they hope to be new priorities of the second Trump administration.
Houck said his family is disappointed by the judge's actions and added that "it reflects poorly against the Trump administration."
Speaking with Fox News Digital, Carney lamented the dismissal of their lawsuit by Diamond, whom he called an "activist" judge and accused of political bias. Nevertheless, he expressed confidence that the Trump administration would make it right.
"We are appealing the decision of the judge to continue the lawsuit against the DOJ," Carney said. "And of course, if we could get back on track with that, the idea is that then we would be able to settle with DOJ, since they want to settle."
"We have a very strong appeal," he said of their yet-to-be-filed brief. "We're very confident about the appeal."
The FBI and Department of Justice did not respond to requests for comment.
Houck, a longtime volunteer with 40 Days for Life, was arrested in 2021 for his actions outside a Planned Parenthood clinic, which prosecutors said violated the so-called Freedom of Access to Clinic Entrances Act, or FACE Act.
He was acquitted by a Philadelphia jury, but could have faced up to eleven years in prison if convicted.
Both his high-profile arrest at home, and the lengthy prison sentence he could have faced if convicted, prompted outrage from pro-life groups, including 40 Days for Life, where Houck has volunteered since 2007.
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In 2023, after Houck's acquittal, 40 Days for Life joined Houck in suing the Justice Department over the ordeal, accusing law enforcement personnel of conducting a "faulty investigation" against him, and accusing law enforcement of using "excessive force" in the FBI raid of his family home.
Carney has weighed in on the topic before, saying in a post on X this year that 40 Days for Life was "targeted constantly by the Biden DOJ."
"With 1,000,000 peaceful volunteers we will always fight for free speech for pro-life and pro-abortion Americans alike. God bless Trump and Vance for backing us up," said Carney.