"Reckless disregard for the duty of candor owed to a federal court."
U.S. District Judge Mary McElroy has referred Justice Department lawyers for disciplinary proceedings, citing a "reckless disregard for the duty of candor owed to a federal court."
Key Details
- The order stems from a Trump administration effort to subpoena hospitals for information about transgender children receiving gender-affirming care.
- The subpoenas sought names, social security numbers, addresses, and medical histories of patients.
- Judge McElroy quashed the subpoena directed at Rhode Island Hospital in mid-May.
DOJ Conduct
After the hospital engaged in negotiations to narrow the subpoena scope, DOJ attorneys secretly sought enforcement from a court in the Northern District of Texas.
- Lead DOJ attorney Lisa Hsiao did not inform the Texas court about agreements with other hospitals to anonymize data, which the judge described as "deceptive, if not intentionally and knowingly false."
- Judge Reed O'Connor in Texas granted enforcement without notifying the hospital.
Background
Judge McElroy noted that the traditional presumption of regularity afforded to government officials no longer applies in this case.
Similar misconduct has been alleged in other cases, including the prosecution of the "Broadview Six" ICE protesters.