Targeting the Trans-Surgery Whistleblower.
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@jon-nyc said in Targeting the Trans-Surgery Whistleblower.:
I’d like to hear more details about the medical records issue.
Ansari argued Haim had no right to share the medical records of minor patients with the public. However, she neglected to mention that the documents disclosed were not patient charts, were redacted to protect sensitive patient information, and complied with the Health Insurance Portability and Accountability Act. (HIPAA permits anonymized information to be disclosed generally, and even protected information can be publicized if it’s used to stop egregious medical misconduct.)
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@jon-nyc said in Targeting the Trans-Surgery Whistleblower.:
If that’s the case he’s spent far too much on legal advice given he hasn’t even been charged with anything.
Something seems missing.
2 attorneys to defend him at $1K each per hour. There were probably initial consultations and help in preparing the documents for the release, then add in the interviews and the prep for the interviews… If there was an implicit threat against his wife, that resulted in adding on another attorney to defend her and possibly prep for the suit against the DOJ… so 3 attorneys, each with maybe 60 hours? Add on lost income for each of them on the days they had to attend the interviews? Yeah, I can see it getting up there. Fortunately, they are pretty well heeled to begin with and this investment is worth it to protect their careers. Plus, the government is now giving them cause to file suits that will cover the costs. Worst case scenario, Go Fund Me has worked well for people in these legal battles. Rufo was chosen as the medium for a reason.
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@jon-nyc said in Targeting the Trans-Surgery Whistleblower.:
Why two? Celebrities might do that, normal defendants don’t. And 1000/hr is celebrity attorney money.
Also, how much prep can you do without a charge? You could count the hours on one hand. If you add a deposition may two hands.
Seems fishy.
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A lot of firms in the AM200 are billing 2nd year associates at just $995 per hour… They are in a position where his wife knows the very best and they can afford the very best.
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The DOJ comes to your door and tells you that you are the target of a criminal probe, you wouldn’t lawyer up as strongly as you could?
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As I mentioned before, I imagine they likely worked with an attorney to prepare the documents before they were released. I don’t know how many hours that involved.
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also reasonably sure that the specific phrasing has a lot of wiggle room for lost income, travel, etc…
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1 - sure you can pay 1k an hour for a lawyer if you choose to.
2 - yes, I would hire a criminal defense attorney. Probably would require a 25k retainer. More later if it went to trial.
3 - not defense money
4 - not defense money.As I said above, he’s probably counting publicity and political lobbying as defense.
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@jon-nyc said in Targeting the Trans-Surgery Whistleblower.:
If that’s the case he’s spent far too much on legal advice given he hasn’t even been charged with anything.
Something seems missing.
Earlier this week, U.S. marshals appeared at Haim’s home and summoned him to court to face an indictment on four felony counts of violating HIPAA. His initial appearance is next Monday, where he will learn more about the charges against him.
According to one of Haim’s attorneys, Marcella Burke, he is anxious to get to trial to get his side of the story told; she is confident that this will result in the correct decision being made. (For my own part, I can confirm that nothing in the information provided to me identified any individual; all the documents were, in fact, carefully redacted.) Nonetheless, the prosecutor has pressed forward, hoping, at the least, to intimidate other medical professionals who would consider blowing the whistle on the barbarism of “transgender medicine.”
Despite the threat to his livelihood and freedom, Haim is undeterred. He plans to mount a vigorous defense in court and is soliciting public support.
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“Team of Attorneys”…
I’m telling you, this release and whistleblowing was extremely carefully managed. Between the wife’s legal expertise and his own training on HIPAA, they not only dotted their i’s and crossed their t’s, they had highlighter markers and security cameras ready to document any blowback. I’ll pull back from suggesting that they were intending to have the blowback, but they weren’t surprised.
But yes, I am also confident that he is exaggerating his costs or including things that aren’t strictly legal fees.
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I'm very concerned about the current legal bankruptcy practiced by the Feds. In more than 90% of cases, defendants settle, because they can no longer afford to defend themselves against the resources of the government.
Add in specific targeting by the DOJ and we have government by the financial lash.
This is wrong.
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@Jolly said in Targeting the Trans-Surgery Whistleblower.:
they can no longer afford to defend themselves against the resources of the government
Even if you're innocent, we will still punish you for what we accuse you of.
The process is the punishment.
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Assistant U.S. attorney for the Southern District of Texas Tina Ansari, whose office is leading the criminal investigation, argues Haim had no right to share the medical records of minor patients with the public.
However, she neglected to mention that the documents disclosed were not patient charts, were redacted to protect sensitive patient information, and complied with HIPAA, which permits anonymized information to be disclosed generally, and even protected information can be publicized if it’s used to stop egregious medical misconduct.
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@Jolly said in Targeting the Trans-Surgery Whistleblower.:
I'm very concerned about the current legal bankruptcy practiced by the Feds. In more than 90% of cases, defendants settle, because they can no longer afford to defend themselves against the resources of the government.
Add in specific targeting by the DOJ and we have government by the financial lash.
This is wrong.
By promising to go for the maximum sentence if you don’t take the plea, the government also effectively punishes people for exercising their 4th amendment right to a trial.
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Four counts of HIPAA violations.
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So he even confessed.
Seems like you could blow the whistle without actually providing patient records to an activist.
Rufo could have generated enough noise for the Governor to start an investigation based on testimony and de-identified details alone.
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@jon-nyc said in Targeting the Trans-Surgery Whistleblower.:
So he even confessed.
Dr. Haim maintains that the documents provided to Rulo confirmed that gender-affirming care continued to be provided but that sensitive patient information was redacted from the documents.
I wonder what he understands "sensitive" to mean.