Charlie Savage’s avatarCharlie Savage’s Twitter Archive—№ 15,111

          1. There's been a surge in chatter about inviting abortion clinics to set up shop on federal enclaves -- where state prosecutors lack jurisdiction -- within states where abortion is now illegal, one of the ideas i wrote about here. I'm hearing Biden WH is still very skeptical. /1 @charlie_savage/1537391935987630080
        1. …in reply to @charlie_savage
          One problem, as I wrote, is DOJ has jurisdiction to prosecute (some) state criminal law crimes on federal enclaves. While Garland DOJ would decline to do so, maybe after 2024 there's a Trump II or DeSantis admin that charges people; statute of limitations will not have run./2
      1. …in reply to @charlie_savage
        Another problem is that an enterprising state prosecutor might charge (non federal employee) people with abortion crimes for conduct off the enclave, like aiding and abetting or conspiring to facilitate an illegal abortion by helping the woman get there or buying supplies etc. /3
    1. …in reply to @charlie_savage
      (Federal employee doctors who performs abortions at military base hospitals in the course of their official duties, in states where abortion is illegal, are probably still immune. So this is about inviting non-military doctors to move their abortion clinic to an enclave.) /4
  1. …in reply to @charlie_savage
    In sum, a White House official tells me: “While this proposal is well-intentioned, it could put women and providers at risk. And importantly, in states where abortion is now illegal, women and providers who are not federal employees could be potentially be prosecuted.” /end