Trump Judge Refers DOJ Lawyers for Discipline in Trans Hospital Subpoena Case

[system1]

Originally published at: Trump Judge Refers DOJ Lawyers for Discipline in Trans Hospital Subpoena Case

U.S. District Judge Mary McElroy, a Trump appointee, on Friday referred Justice Department lawyers for disciplinary proceedings after writing that the attorneys’ “reckless disregard for the duty of candor owed to a federal court is appalling.” The order stems from the Trump administration’s attempt to trawl for sensitive information about trans kids by subpoenaing hospitals…

[fiftygigs]

"It is regrettable that this is now the case.”

The Department of Justice under Trump is untrustworthy.

[commanderogg]

As I state frequently, I am not a lawyer. But I assume (yes, I know the old joke) that getting your law degree and passing the state Bar exam involves a lot of time, effort and money.

Could somebody explain to this retired soldier what would compel any rational person to risk destroying the career that cost you so much sweat and treasure by following orders you know are illegal as sh*t? Anybody? Anybody? Bueller? Bueller?

[themickster]

Which judges and judicial entity will oversee the disciplinary hearings?

[jrw]

Gonna be a whole lot of newly dis-barred attorneys over the next few years.

[DuckmanGR]

Good question? Will it be on teevee?

Coz everyone needs to see how malicious and improper and unfaithful to the rule of law the DoJ’s actions have become.

And the extinguishing of that good faith presumption extends to every tentacle of the trump/gop government.

[DuckmanGR]

We hope. And Soon.

[llwillis]

@system1

Soon after it received the subpoena, the hospital engaged in active negotiations with the DOJ to try to narrow its scope. The Justice Department attorneys suddenly went quiet on the hospital, later discovered to have asked a friendlier court in the Northern District of Texas to force the production of documents that the parties were in talks over. The Child Advocate for the State of Rhode Island subsequently went to McElroy’s court to quash the subpoena, putting the case on two parallel tracks.

Has there been any satisfactory explanation for how a court in Texas, never mind the 5th circuit, has anything approaching jurisdiction over a DOJ subpoena to a Rhode Island hospital?

[benthere]

Donald Trump wouldn’t know “duty of candor” if it came up and bit him in his big, fat ass!

[coprophagoussmile]

The lure of a cushy sinecure at one of the many foundations created by billionaires to avoid taxes and inflict their ideology on future generations.

Also, there are an awful lot of true believers. Transphobia in particular seems to be an issue where opportunistic charlatans inevitably become foaming-at-the-mouth extremists. It’s why so many “gender critical” public figures have embraced anti-democratic movements.

[eldonlazar]

When is someone going to refer Reed O’Connor for disciplinary action?

[runfastandwin]

I guess, but until these judges start putting people in jail they are just bloviating to hear themselves bloviate.

[dean_surkin]

Jurisdiction! Yes, that was my first thought. Even if jurisdiction has been stretched to its maximum permitted extent, there’s still the doctrine of proper forum (i.e., the case should be brought in the district where the alleged activity took place). I really think the Fifth Circuit, despite its apparent cultural bias, should have recognized that the DOJ was engaged in abusive forum shopping.

[xcopy]

@dean_surkin

I really think the Fifth Circuit, despite its apparent cultural bias, should have recognized that the DOJ was engaged in abusive forum shopping.

Lost me after “despite its apparent cultural bias”. They arnt doing law so all they have left is bias.

[dpd]

When the Dems take the house, they need to begin investigations aimed at potential impeachment of many of these clowns. Maybe going after trump is too big a lift, but there are a lot of other confirmed adminstration folks who should get the boot. Make the republicans go on the record with their votes. Impeach. Impeach. Impeach.

[llwillis]

@dean_surkin

I really think the Fifth Circuit, despite its apparent cultural bias, should have recognized that the DOJ was engaged in abusive forum shopping.

Don’t think for an instant the Fifth Circuit (or the district court) had any doubts about what the DOJ was doing.

[pquincy]

The Fifth Circuit has been stuffed with judges who are remarkably disposed to do whatever a Republican administration wants, and remarkably energetic in blocking anything a Democratic administration wants. Their record of stunningly obtuse judgments that follow these principles is long. It’s high time there was a serious investigation of what’s going on in that court, and Democrats may need to be ready to start impeaching Fifth Circuit judges who have manifestly led political affiliation outweigh legal canons. I mean, even our current SCOTUS regularly reverses the Fifth for having gone way outside the boundaries of defensible law.

[tao]

It hit 95 here yesterday afternoon and right on schedule the swamp cooler water pump took its annual dump and the temp inside went right up to 80. Before sunrise I’m up on the roof pulling the dead pump and off to get a new one, and a breakfast burrito from a taco truck. Back up on the roof to reassemble and test. Put up ladder and tools and at 10:00 It’s blowing in 65-degree cool air while the outside temperature is already pushing 90.
Stuff like this has been going on a lot this year. I check in here when I can to catch up and appreciate the work You all do to make sense of Donnie’s daily disasters.

[deuce]

@dean_surkin

Fifth Circuit, despite its apparent cultural bias, should have recognized that the DOJ was engaged in abusive forum shopping.

That is too-kind an assessment by half.

What else from this DOJ and the Fifth should we expect?