{"id":127670,"date":"2026-05-20T19:00:07","date_gmt":"2026-05-20T19:00:07","guid":{"rendered":"https:\/\/mailinvest.blog\/index.php\/2026\/05\/20\/federal-judge-lays-into-doj-for-lying-and-cheating-in-support-of-trumps-anti-trans-agenda\/"},"modified":"2026-05-20T19:01:12","modified_gmt":"2026-05-20T19:01:12","slug":"federal-judge-lays-into-doj-for-lying-and-cheating-in-support-of-trumps-anti-trans-agenda","status":"publish","type":"post","link":"https:\/\/mailinvest.blog\/index.php\/2026\/05\/20\/federal-judge-lays-into-doj-for-lying-and-cheating-in-support-of-trumps-anti-trans-agenda\/","title":{"rendered":"Federal Judge Lays Into DOJ For Lying And Cheating In Support Of Trump\u2019s Anti-Trans Agenda"},"content":{"rendered":"

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from the evil-thugs<\/i> dept<\/h3>\n

Puerile, vindictive, and hateful is not any technique to run a authorities. That\u2019s how Trump is operating his, nonetheless. And meaning his DOJ can’t presumably hope to remain on the nice aspect of judges, not when it\u2019s actively engaged in appeasing<\/a> an autocratic megalomaniac and his enablers. <\/p>\n

The legal professionals at present staffing the DOJ can’t be excused for his or her actions. They’ve been referred to as out time and time once more for eroding the belief the DOJ has earned over time by engaging in vindictive prosecutions<\/a>, arguing in favor of blatant rights violations, and in any other case pursuing the corrupted version of lawfare<\/a> that’s the hallmark of this administration. <\/p>\n

There are solely two choices at this level, contemplating the 1000’s of adversarial rulings Trump\u2019s DOJ has racked up. Both the remaining prosecutors are not any extra honorable or moral than the person within the White Home, or they\u2019re so bereft of morals and ethics that it means nothing to sacrifice what\u2019s left of those traits on the altar of MAGA. <\/p>\n

Right here\u2019s extra from the DOJ that\u2019s nothing greater than a blunt drive object of oppression, fully beholden to this American model of fascism. To know what has result in a federal decide ripping into the DOJ (one thing that\u2019s now as widespread because the administration pretending it\u2019s tremendous to be brazenly racist once more), you need to backtrack somewhat. Chris Geidner, a.k.a. Law Dork, has the background<\/a>: <\/p>\n

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The Trump administration is seemingly shifting ways to advance its said coverage to \u201ccut back or remove gender-related care to minors\u201c by utilizing the U.S. Legal professional\u2019s Workplace within the Northern District of Texas to attempt to get invasive info from medical suppliers about transgender minor sufferers acquiring gender-affirming medical care.<\/em><\/p>\n

The obvious shift got here after greater than a half-dozen federal judges throughout the nation have blocked the hassle to acquire affected person info by way of administrative subpoenas; following a listening to in multistate litigation in opposition to the Trump administration\u2019s anti-trans insurance policies; and within the midst of a sprawling dispute over the Justice Division\u2019s effort to implement one of many administrative subpoenas \u2014 issued final yr in opposition to Rhode Island Hospital \u2014 in the identical district in Texas<\/strong>.<\/em><\/p>\n<\/blockquote>\n

Why is the DOJ utilizing a Texas courtroom to implement a subpoena issued to a Rhode Island hospital? The reply is apparent. That is discussion board purchasing by the administration, hoping to search out courts extra disposed to harming trans folks than these discovered on the East Coast. If nothing else, the Fifth Circuit Appeals Courtroom tends to be receptive of the DOJ\u2019s advances now that Trump\u2019s in cost, which implies the uncommon adversarial ruling is perhaps instantly reversed or stayed as soon as it\u2019s appealed. <\/p>\n

That didn\u2019t work right here, nonetheless. The case received despatched to the correct jurisdiction. And, upon arrival, it has discovered a particularly unreceptive viewers within the type of Choose Mary McElroy, who ended up with the case at present being intentionally and deceptively dealt with by the DOJ. <\/p>\n

Choose McElroy wastes no time attacking the DOJ for its habits and actions in furtherance of Trump\u2019s hateful anti-trans agenda. These are the opening two paragraphs of her ruling<\/a> [PDF], copy-pasted right here verbatim: <\/p>\n

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The USA Division of Justice (\u201cDOJ\u201d) possesses immense prosecutorial authority and discretion. As residents, we belief that federal prosecutors, when wielding this superior energy in opposition to a state, an organization, or definitely in opposition to weak kids, will play honest and be sincere with its counterparts and the judiciary.<\/strong><\/em><\/p>\n

DOJ has confirmed unworthy of this belief at each level on this case.<\/strong> It has misrepresented and withheld info to each this Courtroom and the US District Courtroom for the Northern District of Texas (the \u201cTexas courtroom\u201d). It did so in an apparent effort to protect it\u2019s current investigative ways\u2014beforehand rejected by each different courtroom to overview them\u2014from this Courtroom\u2019s overview, in favor of a distant discussion board that DOJ deems pleasant to its political positions. Its representatives have, below oath, misrepresented salient information. It has misled the events with whom it was negotiating in Rhode Island, who’ve now been positioned in an untenable and unprecedented procedural place<\/strong>. And when its attorneys got here to this Courtroom to elucidate their
conduct, the senior lawyer\u2014who was current at lots of the occasions that occurred on this case\u2014sat silently by as his counterpart, a junior lawyer who has been practising regulation for roughly six months and had no related info, was pressured to reply questions on DOJ\u2019s blatant disregard for the correct course of negotiations.<\/em><\/p>\n<\/blockquote>\n

The daring sentences are stinging. However even the final sentence is damning. It says the DOJ lawyer with probably the most expertise refused to defend the federal government\u2019s positions in what seems to be an act of abject cowardice. As a substitute, the senior lawyer despatched a junior lawyer with lower than six months expertise to face the justifiable wrath of the courtroom. <\/p>\n

Beneath every little thing right here is the ugly reality of the case: the DOJ is demanding hospitals flip over the names, social safety numbers, addresses, scientific histories, and household info of any minors searching for gender-affirming care. The federal government mustn’t have this info as a result of it\u2019s clear it intends to hurt each the minors and their care suppliers for causes it will probably\u2019t truly justify below current regulation. <\/p>\n

That\u2019s why it went discussion board purchasing in Texas. And that\u2019s why it intentionally withheld info from these difficult the subpoena and, certainly, the courtroom itself. <\/p>\n

The DOJ received\u2019t play honest as a result of if it does, it will probably\u2019t hope to win. That a lot is evident, and is said clearly by Choose McElroy. Right here\u2019s simply one in all a number of footnotes detailing the DOJ\u2019s dishonesty. <\/p>\n

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It’s effectively established that counsel are accountable for working in a cooperative, moderately than an adversarial method, and to confer in good religion when negotiating the parameters of a subpoena. The events had finished so up till DOJ\u2019s about face on April 30, when it repaired to the Texas courtroom and introduced RIH with a fait-accompli movement to implement (after it had submitted it), adopted just a few hours later by an order granting that movement. The Baby Advocate discovered of the subpoena and movement that focused its kids\u2019s personal info by a DOJ press launch the subsequent day.<\/strong><\/em><\/p>\n<\/blockquote>\n

Right here\u2019s extra on that, from the physique of the order: <\/p>\n

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This illustration that the communication with RIH had ceased as of February 4, 2026, was clearly deceptive, if not completely false. On the listening to on this Movement, DOJ\u2019s lawyer tried to justify the obtrusive omission by saying that the February 4, 2026 electronic mail was the final \u201csuch\u201d communication. That is patently unfaithful as a result of, simply the day earlier than submitting the declaration containing this illustration the attorneys for RIH had despatched an electronic mail in response to DOJ\u2019s request for a convention to debate the phrases offered within the February 4th electronic mail. This reckless disregard for the obligation of candor owed to a federal courtroom is appalling.<\/em><\/p>\n<\/blockquote>\n

Main the cost in mendacity to the courtroom was none apart from Lisa Hsiao, who at present serves as the top of the DOJ\u2019s \u201cEnforcement and Affirmative Litigation\u201d workplace. <\/p>\n

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Ms. Hsiao additionally represented that requests relating to \u201cpatient-level scientific practices and drug security\u201d (Requests 11\u201315) had been needed as a result of \u201cwith out this info, DOJ can’t totally decide the scope of the violations, establish patterns of misbranding or fraudulent billing, or assess whether or not the conduct was undertaken with intent to defraud or mislead, as required for felony legal responsibility below 21 U.S.C. \u00a7 333(a)(2).\u201d However Ms. Hsiao uncared for to tell the Texas courtroom that DOJ had agreed to anonymized knowledge in a number of different jurisdictions. Her assertion that DOJ wanted this info was due to this fact, at greatest, misleading, if not deliberately and knowingly false.<\/strong><\/em><\/p>\n<\/blockquote>\n

There\u2019s a footnote connected to this paragraph that reveals this a sample and apply of Ms. Hsiao relating to attempting to destroy the lives of transgender minors. <\/p>\n

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This isn’t the primary time Ms. Hsiao and her subordinates have, of their campaign to acquire transgender kids\u2019s medical information, acted in ways in which seem to deviate from the norms {of professional} conduct anticipated of attorneys representing the US.<\/em><\/p>\n<\/blockquote>\n

The order notes that the DOJ\u2019s discussion board purchasing in Texas (regardless of searching for information from an entity situated in Rhode Island on behalf of an investigation instigated in Washington D.C.) labored\u2026. proper up till it didn\u2019t. The district courtroom granted the federal government\u2019s request to implement the subpoena following an ex parte submission by the DOJ that minimize RIH out of the loop. And the Fifth Circuit Appeals Courtroom refused to remain this enforcement order pending enchantment with a one-sentence denial. <\/p>\n

In the long run, the DOJ loses. The Rhode Island courtroom quashes the executive subpoena (i.e., self-issued) as a result of it seeks info that’s protected by state regulation and the US Structure itself. It doesn’t have the jurisdiction to dam the Texas courtroom\u2019s enforcement order, however that in the end doesn\u2019t matter as a result of the subpoena is now not usable.<\/p>\n

In signing off on the choice, the decide once more factors out this iteration of the DOJ is a humiliation to each iteration that got here earlier than it. <\/p>\n

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[T]he discrepancy between the honorable conduct anticipated of federal prosecutors and DOJ\u2019s ways on this case is unsettling. The Courtroom can’t assist however share the sentiment that \u201c[t]he presumption of regularity that has beforehand been prolonged to [DOJ] that it could possibly be taken at its phrase\u2014with little doubt about its intentions and said functions\u2014now not holds.\u201d United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It’s regrettable that that is now the case.<\/em><\/p>\n<\/blockquote>\n

Indisputably, Trump\u2019s DOJ will proceed to shit everywhere in the presumption of regulatory, overseen by equally evil individuals who will oversee these too spineless or devoid of morality to refuse to do Donald\u2019s soiled work. However even when the DOJ manages to keep away from being laughed out of courtroom each time it engages in a case, it can by no means be capable of erase the blighted legacy it\u2019s abandoning. <\/p>\n