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U.S. Congressman Chris Smith Representing New Jersey's 4th District

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Press Release

Over 55 members of Congress send letterRep. Smith, Sen. Lee lead bicameral letter to DOJ urging investigation into barbaric deaths of five late-term, preborn babies at D.C. abortion clinic

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Washington, Jul 21, 2026 | comments

                Rep. Chris Smith (R-NJ), Sen. Mike Lee (R-UT), and 55 other Republican lawmakers sent a letter to Acting U.S. Attorney General Todd Blanche and U.S. Attorney for the District of Columbia Jeanine Pirro, urging the U.S. Department of Justice (DOJ) to thoroughly investigate whether the horrific deaths of five late-term, preborn babies at a D.C. abortion clinic could be attributed to the crimes of infanticide or partial-birth abortion.

                Rep. Chris Smith, Co-Chair of the Congressional Pro-Life Caucus, said: “The Biden Administration’s deliberate and callous mishandling of the ‘D.C. Five’ case has been a stain on the Department of Justice for over four years now. These five beautiful, innocent babies—who were violently exterminated—deserve justice, accountability, and respect. All those involved and complicit in these children’s barbaric deaths must be held to account, and we are calling upon President Trump’s Department of Justice to ensure that these battered baby victims receive their day in court.”

                Sen. Mike Lee, member of the Senate Judiciary Committee, said: “Four years ago now, the bodies of five preborn children were found in DC, apparently victims of infanticide or illegal partial-birth abortions. Those babies have still not received justice or proper investigations. Americans cannot tolerate rogue abortion clinics performing gruesome murders and casting helpless victims aside like garbage, especially not in our Nation’s capital. This crime demands attention and prosecution to the fullest extent of the law. I urge the Department of Justice to give this alarming case the full investigation it deserves, and the victims the proper autopsies and burials they are owed.”

                In the letter, first obtained by The Daily Wire, the 57 members of Congress explain that the desecrated bodies of these children—one of which bore deep lacerations and injuries consistent with illegal partial-birth abortion procedures—were “recovered by the Metropolitan Police Department in 2022, after they were allegedly aborted in the Washington Surgi-Clinic operated by the late-term abortionist Dr. Cesare Santangelo.”

                “For four years, members of Congress have remained alarmed at this clear violation of life and law, but the Biden Administration Department of Justice refused to act,” the Republican lawmakers write.

                The letter—dated July 20, 2026—follows an April 2022 letter led by Rep. Smith and Sen. Lee and signed by 67 other members of Congress, which called upon Biden-era Attorney General Merrick Garland to conduct a “comprehensive investigation on the circumstances surrounding the deaths of each preborn baby.”

                The current letter explains that President Biden’s DOJ “never provided a substantive response or indicated that any investigation had occurred,” and reports indicated that the agency even went as far as to advise “the Chief Medical Examiner to discard the bodies of the infants.”

                In the letter, the members of Congress relay the expert findings of neonatal specialist Dr. Robin Pierucci, M.D.—who, upon viewing the publicly shared photographs of the deceased babies, said that she could “‘say with confidence that [four of] these babies died at an age when they were viable, premature people’”—and neonatologist Dr. Kendra Kolb, M.D., who posited that at least one child may have been killed from an illegal partial-birth abortion method, as one 28-30 week-old baby had “‘deep lacerations to the posterior neck, which presumably correlates to the method of abortion used to end her life.’”

                The Republican lawmakers further argue that “if this baby girl was alive when the abortionist made these lacerations, then her death directly violated the Partial-Birth Abortion Ban Act of 2003 (18 U.S. Code § 1531), which criminalizes the partial deliverance of a living child for the purpose of performing an overt act that intentionally takes the life of the child.”

                Urging a renewed review of these tragic cases, the GOP co-signers note that former Attorney General Pam Bondi confirmed in a June 2025 House budget hearing that the DOJ “was conducting an ongoing investigation into this case” and recall that a report signed by President Donald Trump encouraged the agency to “‘provide a briefing to the Committees on all actions previously taken by the Department on this issue within 180 days after the enactment of this act,’” which would fall on July 22, 2026.

                “After years of inaction by the Biden Administration, we write to you again to reiterate these concerns and request that DOJ promptly complete a thorough investigation into the death of each child, including autopsies of the infants and the preservation of all collected evidence. Additionally, we request that you ensure these children receive a proper and respectful burial once the investigation is complete and all responsible parties have been brought to justice,” the members of Congress write.

                “We cannot undo the grievous, barbaric acts that killed these children in their most vulnerable stage, but we equally cannot allow such lawlessness and inhumanity to evade our justice system any longer. Under President Trump’s and your leadership, we are hopeful that these children will finally receive the justice they deserve,” the GOP lawmakers conclude.

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