By Tessa Gervasini
Published July 22, 2026 at 3:52 PM ET

             Nearly five dozen U.S. lawmakers sent a letter to the Department of Justice (DOJ) urging a federal investigation into the deaths of “the D.C. Five,” the five allegedly late‑term aborted babies recovered from a Washington, D.C., abortion clinic four years ago.

             Sen. Mike Lee, R-Utah, and Rep. Chris Smith, R-New Jersey, along with more than 50 other GOP lawmakers, called on Acting Attorney General Todd Blanche to “comprehensively investigate the circumstances surrounding the deaths.”

             The lawmakers also requested DOJ ensure the “children receive a proper and respectful burial once the investigation is complete and all responsible parties have been brought to justice.”

             In 2022, “the D.C. Five” were found at the home of Catholic convert and pro-life activist Lauren Handy. The group Progressive Anti‑Abortion Uprising, a secular organization that demonstrates against abortion, said it obtained the remains from reported whistleblowers who believed the circumstances might have violated federal prohibitions on partial‑birth abortion or the failure to provide care to infants born alive.

U.S. Capitol in Washington, D.C. | Credit: Tanarch/Shutterstock

             In the letter sent July 20, lawmakers said the babies’ remains are held by the Office of the Chief Medical Examiner in Washington, D.C. Lawmakers are calling for autopsies to find out if the babies “were victims of the crimes of infanticide or partial-birth abortion.”

             “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 lawmakers wrote.

             “Under the Born Alive Infants Protection Act (1 U.S.C. § 8), these five children should have experienced equal protection under the law at any stage of development, including as abortion survivors,” they said.

             According to the letter, doctors have estimated that at least one baby may have been aborted using the illegal partial-birth abortion method showing “deep lacerations to the posterior neck which presumably correlates to the method of abortion used to end her life.”

             “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,” they wrote.

             The lawmakers also said doctors estimated that one baby boy was about 28 to 32 weeks’ gestational age. One doctor said the baby looked “like he should have been in the nursery” and was “about the same size as [her] granddaughter when she was born,” the letter said.

             “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,” the lawmakers said.

             DOJ, in a statement to EWTN News, said it “is aware of the Senators’ request and takes these matters seriously.”

             “As with all allegations of potential criminal conduct, the Department will review the information carefully and will investigate any credible allegations of criminal actions. The Department remains committed to following the facts and the law wherever they lead,” the DOJ said.

             The DOJ also shared that it has gathered and reviewed documents regarding the case and will be turning it over to Congress once it is finalized. If there are any crimes Congress identifies, the department said it will “certainly investigate those matters.”

Previous calls for investigation

             Following the discovery of the babies, Lee and Smith also led an April 8, 2022, letter signed by 69 members of Congress demanding that former Attorney General Merrick Garland conduct an investigation.

             DOJ “never provided a substantive response or indicated that any investigation had occurred,” the lawmakers said in the most recent letter. “On the contrary, after two years of inaction, reports indicated that the Department of Justice advised the Chief Medical Examiner to discard the bodies of the infants.”

             “Fortunately, members of Congress were able to intervene with the Chief Medical Examiner and urge him to preserve the bodies,” they said.

             The lawmakers said they were “encouraged” when former Attorney General Pam Bondi confirmed in a June 2024 House budget hearing that DOJ was conducting an “ongoing investigation” into this case.

             The lawmakers also noted a report signed by President Donald Trump that encouraged DOJ 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 be on July 22 of this year.

This article was published on July 22, 2026 and can be found online at: https://www.ewtnnews.com/world/us/nearly-60-lawmakers-urge-investigation-of-dc-five-aborted-babies